A doctor wife files a case against her radiologist husband for violation of PCPNDT Act
Last week, the Asian Age carried a story about a pathologist in Lucknow who had been asked to abort the female fetus that she was carrying by her husband, a radiologist.
The wife has now lodged a complaint with the state medical council and district magistrate, the appropriate authority for the Pre-conception Pre-Natal Diagnostic Techniques (prevention of sex selective abortions) Act and accused her in-laws of violating provisions in the PCPNDT act. A committee of experts has been constituted to investigate the complaint.
She alleged that she had been forced to undergo an ultrasonography test at her father-in-law’s diagnostic centre. And, in her complaint she has stated, “After the test, the behaviour of my in-laws and my husband changed. My husband asked me to abort the child and tried to convince me we were not in a position to have the baby. I found the behaviour strange. Next day, after the ultrasonography, my mother-in-law told me in clear terms that since it was a girl that I was carrying, I must abort it as they did not wish to have a girl in the family.” She delivered a baby girl in March this year at her parents’ house… (Asian Age, Sujeet Y, July 5, 2016)
What the PCPNDT Act says
Chapter III: Regulation of pre-natal diagnostic techniques
4(4): No person including a relative or husband of the pregnant woman shall seek or encourage the conduct of any pre-natal diagnostic techniques on her except for the purposes specified in clause (2).
(i) Chromosomal abnormalities
(ii) Genetic metabolic diseases
(iv) Sex-linked genetic diseases
(v) Congenital anomalies
(vi) Any other abnormalities or diseases as may be specified by the Central Supervisory Board;
4(5): No person including a relative or husband of a woman shall seek or encourage the conduct of any sex-selection technique on her or him or both.
Chapter VII: Offences and Penalties
24. Presumption in the case of conduct of pre-natal diagnostic techniques.- Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other relative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abetment of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section.