The Maharashtra government has issued a notification regarding the Prenatal Diagnostics Technique Act 1994 (Regulation and Prevention Misuse) asking the sonography, ultrasound machine genetic clinics and genetic laboratories to register with the certain approved authorities. These authorities will monitor the registrations of the clinics, some of which are stated to be in the state to monitor the registrations of genetic clinics while some are stated to be conducting sex determination tests.

Dr. Prakash Bhatlawande, additional director (health services) has been appointed as the appropriate authority of the state government. Besides, the medical officers of health of 16 municipal corporations and assistant director (health service) of Pune are also authorized to issue registrations. Over and above these, civil surgeons of 33 districts head quarters are also appointed as appropriate authorities with whom registrations can be carried out.

This is in pursuance of the order issued by the Supreme Court which had summoned the health secretaries of 11 major states of Punjab, Haryana, Delhi, Bihar, Uttar Pradesh, Gujarat, Maharashtra, Andhra Pradesh, Kerala, Rajasthan and West Bengal and issued notices to five multi-national Philips, Symonds, Toshiba, Larsen & Toubro and Wipro GE who are the major suppliers of ultrasound machines in the country. The direction came when it was noticed by the court that its orders for registration of ultrasound clinics and prosecution of those resorting to illegal sex-determination tests have not been implemented.

The health secretaries of these states have been asked to present personally on January 29 to explain the steps taken by their states towards the implementation of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) (PNDT) Act, 1994. On the plea of solicitor general Harish N Salve, the court issued notice to multinationals to give the names and addresses of the clinics and persons in India to whom they sold these machines in the last five years to help the government find out whether these clinics or persons were registered under the Act. Considering the importance of the matter, the Apex Court feels that it would be desirable for the Centre to frame appropriate rules with regard to sale of such machines to unregistered clinics. The Bench also directed each state to provide the district-wise data of the ultrasound clinics as well as publicise the constitution of district advisory committees. Under the Act, people having grievance could approach these committees, who could then order prosecution of the erring clinics. Expressing serious doubts about the officers' willingness to implement the Act, a Bench comprising Justice M B Shah, Justice B N Agrawal and Justice Arijit Pasayat have directed the health secretaries to be present before the court for non-compliance of the order.

As a follow up action, Karnataka government has already constituted an eight-member Advisory Committee in every district in the State to monitor the registrations of genetic clinics, some of which are stated to be conducting sex determination tests. The government has instructed the health department officials to take action against those violating PNDT Act. The heads of clinics will be imprisoned for three years with a fine of Rs. 10,500 for the first offence. As a part of its rigorous plan of action for implementation of the PNDT Act, the government has launched an awareness campaign all over the State where orientation and training on the ban of PNDT is highlighted.