A few days ago there was news about an elderly doctor couple from Telangana having been arrested under this act.
This prompts me to ponder over this subject. In the beginning, let me state that I stopped doing MTPs about 20+ago.
What is Draconian about this act?
It targets the service provider on the assumption that he/she is the better to the crime of Female feticide while letting off the Client and her family who are the Criminals. In that aspect, this is a unique law with a bias against a Profession.
We don't see petrol pumps were closed because some criminals make bombs with petrol.
We don't see pesticide dealer getting punished for the sale of pesticide to farmers who commit suicide (over a lakh in past decade)
We don't see a film Director/Producer being arrested for popularizing Ragging, Stalking n molesting college girl, open sex, Alcoholism, Drugs etc in their films Ex: Arjun Reddy film.
We don't object an advocate for taking up the case of an accused in a heinous crime.
We don't consider all these groups as abetters to social evils and under the assumption that everybody has a right to pursue his profession. It is the customers who have to decide what is Good/ Bad for them.
Surprisingly in the case of Doctors who are targeted for sex determination and the criminals are let off.
What is the difficulty for Doctors to follow this Act?
The difficulty is not in avoiding sex determination but in following the nitty/gritty of the act. Many Obstetricians are interested in Sx determination for Money. But they are at risk of getting trapped by the act because of its complicated framing. On my part having worked in medical colleges my Observation is that every faculty member including Residents and PGs and Interns can be arrested under this law because I can pick up loop holes under this act in every Pregnancy scan they do.
It is time women right groups leave the doctors and pay attention to the real criminals. They should demand an act similar to the one for prevention of dowry deaths and make the Husband as A1(accused) and parents of the couple as A2, A3, A4, A5 in all cases of sex determination and given stringent punishment. The doctor should come last as A6 and given minor punishment.
Alternately Govt should extend its BETI BACHAO initiative to in uteri fetus and make sex determination mandatory and Notifiable in all pregnancies. With the information in hand, the District Medical and Health Officers along with his Health workers be made answerable to all abortions of female fetuses.
Social workers are entrusted with the responsibility of educating the families on the legal consequences of abortions in such mothers. Like in Dowry deaths act the burden of proving innocence should be with the immediate family.
In my opinion, PCPNDT act is unconstitutional and amounts to combined assault of the powerful organs of the state (Govt, Judiciary and Law enforcing authorities ) on the freedom of Medical profession. Every woman should have the right to know the sex of her baby.
Personally I don't share the view.
This prompts me to ponder over this subject. In the beginning, let me state that I stopped doing MTPs about 20+ago.
What is Draconian about this act?
It targets the service provider on the assumption that he/she is the better to the crime of Female feticide while letting off the Client and her family who are the Criminals. In that aspect, this is a unique law with a bias against a Profession.
We don't see petrol pumps were closed because some criminals make bombs with petrol.
We don't see pesticide dealer getting punished for the sale of pesticide to farmers who commit suicide (over a lakh in past decade)
We don't see a film Director/Producer being arrested for popularizing Ragging, Stalking n molesting college girl, open sex, Alcoholism, Drugs etc in their films Ex: Arjun Reddy film.
We don't object an advocate for taking up the case of an accused in a heinous crime.
We don't consider all these groups as abetters to social evils and under the assumption that everybody has a right to pursue his profession. It is the customers who have to decide what is Good/ Bad for them.
Surprisingly in the case of Doctors who are targeted for sex determination and the criminals are let off.
What is the difficulty for Doctors to follow this Act?
The difficulty is not in avoiding sex determination but in following the nitty/gritty of the act. Many Obstetricians are interested in Sx determination for Money. But they are at risk of getting trapped by the act because of its complicated framing. On my part having worked in medical colleges my Observation is that every faculty member including Residents and PGs and Interns can be arrested under this law because I can pick up loop holes under this act in every Pregnancy scan they do.
It is time women right groups leave the doctors and pay attention to the real criminals. They should demand an act similar to the one for prevention of dowry deaths and make the Husband as A1(accused) and parents of the couple as A2, A3, A4, A5 in all cases of sex determination and given stringent punishment. The doctor should come last as A6 and given minor punishment.
Alternately Govt should extend its BETI BACHAO initiative to in uteri fetus and make sex determination mandatory and Notifiable in all pregnancies. With the information in hand, the District Medical and Health Officers along with his Health workers be made answerable to all abortions of female fetuses.
Social workers are entrusted with the responsibility of educating the families on the legal consequences of abortions in such mothers. Like in Dowry deaths act the burden of proving innocence should be with the immediate family.
In my opinion, PCPNDT act is unconstitutional and amounts to combined assault of the powerful organs of the state (Govt, Judiciary and Law enforcing authorities ) on the freedom of Medical profession. Every woman should have the right to know the sex of her baby.
Personally I don't share the view.
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