Via media

The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994: The PNDT Act is a unique piece of legislation that not only guides the appropriate use of diagnostic technologies but also opens up space for articulating the need to regulate other types of reproductive and genetic technologies that were beginning to enter the Indian market. The objective of the Act is to “provide for the regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or the misuse of such techniques for the purpose of prenatal sex determination leading to female feticide”...

Some of the regulatory mechanisms include registration of genetic counselling centres, laboratories and clinics as well as the equipment used for performing the tests. Additionally, clinics are also mandated to employ personnel with a minimum skill base as prescribed by law. The Act also states that even if the practitioner is fully qualified s/he cannot conduct a test...in an unregistered site.

The Act also frames rules that regulate the terms of use of pre-natal diagnostic techniques. A list of medical conditions is out-lined, the existence of one or more of which is deemed to justify the recommendation for a pregnant woman to undergo pre-natal diagnosis. Where the test is being provided, written and informed consent from women undergoing the test has also been mandated.

Guidelines for provision of prenatal diagnosis: The age of the pregnant woman is above thirty-five years; The pregnant woman has undergone two or more abortions or foetal loss; The pregnant woman has been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals; The pregnant woman has a family history of mental retardation or physical deformities or any other genetic disease...

A number of institutional mechanisms have been outlined to ensure effective implementation of the law and, in particular, to prevent misuse of diagnostic technologies. The Central Supervisory Board is a national-level body with high-ranking officials from both the central and state governments, members of Parliament, eminent scientists and representatives of women’s NGOs. The role of the board is to advise the government on policy matters related to implementation of the PNDT Act, review implementation as well as recommend changes to the Act. The CSB has also been assigned the role of raising public awareness on the issue as well as specifying code(s) of conduct for personnel in genetic clinics.

At the state level, the Act includes provision for the establishment of an Appropriate Authority as well as an Advisory Committee...

An important provision of the PNDT Act is to prohibit advertisements that publicize technologies for sex determination or advertise clinics where the tests are available by making any violation of the prohibition a punishable offence. This is important for a number of reasons, not the least of which has been an effective clampdown on use of the media and public spaces like billboards to promote SD technologies...The fact that the media has played a supportive role in condemning SD through news reports does not prevent, nor guarantee, against those same newspapers publishing advertisements to publicize the availability of a technology for sex determination.