In a major relief to the doctors facing charges of non-compliance to Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act), the Bombay High Court (HC) has directed the Maharashtra Medical Council (MMC) to hear cases of PCPNDT violation as per MMC Act. The doctors will be now be charged graded punishments as per the provisions of the MMC Act.
An MMC official explained that a lot many PCPNDT violation cases reported related to errors in filling of forms which should not attract harsh penalties like imprisonment and suspension of licenses.
MMC had issued around 60 warning letters for violation of PCPNDT Act in the past. MMC had been receiving complaints both about rampant violation of PCPNDT rules like improper filling of forms and actual sex selection by unregistered people.
National Inspection and Monitoring Committee (NIMC) constituted under the Union health ministry had found rampant violation of PCPNDT Act at genetic counseling centres and infertility centres in Mumbai and Pune.
There are criminal charges levelled against these doctors under the PCPNDT Act and they are currently under suspension till the chargesheet is filed.
Though a committee was also set up by the Union health ministry to look into the issue, MMC suspended licenses in certain cases in the past when it was proven beyond doubt that actual sex selection has happened in contravention to the PCPNDT rules.
MMC, the governing body for doctors across the state, has the power to suspend the licence of doctors who are found guilty of malpractices. MMC maintains records of registrations of doctors, and without such registration no allopathic doctor can practice in the state.
The main objective of PCPNDT Act is prohibition of sex selection and also the regulation of prenatal diagnostic techniques for detection of genetic abnormalities, by restricting their use to registered institutions.