Following Bombay High Court (HC) judgement upholding that graded punishment can be given for violation of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT Act), the Maharashtra Medical Council (MMC) has issued over 60 warning letters in cases related to improper filling of forms by the sonography centres staff across the state.

Based on the surprise inspections by the authorities, it was found that unauthorised resident doctors were operating the sonography machine and signing all the legal documents like ‘F’ forms and declarations. It was also observed that some centres were unregistered and were not maintaining the mandatory documents D, E, G. Reporting to the concerned authorities was also not done.

According to an MMC official, “Suspensions of licenses has also been done in certain cases when it was proven beyond doubt that actual sex selection has happened in contravention to the PCPNDT rules. MMC had been receiving the complaints about rampant violation of PCPNDT rules like improper filling of forms and actual sex selection by unregistered people also.”

An MMC official further argues that a lot many such cases have been reported by authorities in the recent past which relate to clerical errors in filling of forms which should not attract harsh penalties like imprisonment and suspension of licenses. A committee has also been recently set up by the Union health ministry to look into the issue.

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. In case of violations, PCPNDT cell is empowered to raid the clinic concerned and also take actions like sealing the machine and forwarding the case to MMC. The MMC then takes legal action against the doctors.

In its surprise inspections a few months back, National Inspection and Monitoring Committee (NIMC) constituted under the Union health ministry found rampant violation of PCPNDT Act at genetic counselling centres and infertility centres in Mumbai and Pune.