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PC - PNDT updates
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The Ministry of Health and Welfare, Govt. of India through amendment by Central Supervisory Board constituted for PC & PNDT Act has approved the six months training in Ultrasonography to MBBS Doctors/RMPs vide its Gazette Notification dated 09.01.2014, to regularize training in Ultrasonography for MBBS doctors, and specifies that any sonologist (MBBS), who has been conducting ultrasound procedures, will be required to qualify a competency-based assessment to renew his registration. This will rule out the possibility of Unauthorized Ultrasound Centers.
In a surprise move, the Indian Medical Association has filed Writ Petition in the Honorable High Court challenging this notification. Next hearing is 21st Jul 2014
Pune Doctor has been given sentence for failing to maintain Form F records.
A report in the TOI Pune
4 Jan 2014
MMC suspends 10 doctors with PC PNDT implications by conducting their reviews of the cases filed against them in various courts.
10 Nov 2013
Maharashtra Govt will be giving ID numbers to all sonography machines across the state in a bid to track all machines being sold. This is expected to take place in the next few months. Details are being worked out by the State Govt.
05 Sep 2013
Dr Battalwar continues to be in jail as family approaches Aurangabad HC for relief.
No news yet of the new Form F that has been passed by the CSB.
Modified F form has been passed by the CSB and will be rolled out soon across the country.
Report in the TOI Pune edition on 31/8/2013.
Dr Gopal Battalwar still in jail as bail is refused again by local court.
19 August 2013
Mumbai Mirror covers the arrest of the Nanded Radiologist in greater detail.
Click here to read. Page 3. MM (Mumbai) 19 Aug 2013
08 Aug 2013
Radiologists across Maharashtra stopped work for a day across all modalities to protest against the illegal arrest of Nanded Radiologists Dr Gopal Battalwar under the MTP act. Few private hospitals and all public hospitals were open in Mumbai, and Pune, while rest of Maharashtra had an 80-90% closure.
05 Aug 2013
Radiologists across Maharashtra plan a token one day bandh to protest against arrest of Radiologist in Nanded. Details of this news are here (TOI Pune, 05 Aug 2013).
3 Aug 2013
Nanded Radiologist arrested by police under MTP act.
Article in the TOI Mumbai edition
2 Jul 2013
A decision to the effect of punishing state AA if not implementing the PC PNDT Act correctly was was taken by the State Advisory Committee constituted for curbing female foeticide by implementing the PCPNDT Act. The Civil Surgeons are Appropriate Authorities under the PCPNDT Act in the districts and they are empowered by the Act to take action against the hospital or ultrasound centres not obeying the law or not maintaining the records according to law - Section 217, IPC, states that any public servant disobeying directions of law with intent to save person from punishment or property from forfeiture shall be punished with imprisonment of either description for a term which may extend to two years or with fine, or with both.
Detailed article link is here: http://www.tribuneindia.com/2013/20130702/harplus.htm#17
24 June 2013
Jaslok Hospital has put a legal notice on activist & lawyer Varsha Deshpande on being named in the SRK surrogacy issue.
The MahaGov online site has once again crashed, and hence all online filling of forms across Maharashtra has ground to a halt. The site is expected to be back on track in a few days time.
17 June 2013
BMC to verify rumors on surrogacy sex of Shah Rukh Khan.
Click here for the news in TOI Mumbai Edition
12 June 2013
Article in the Mumbai TOI regarding PC PNDT case hearing.
01 June 2013
Maharashtra Govt is initiating a drive for checking on Form F across Maharashtra. Meanwhile, there are still glitches galore on the Govt website, with problems of access, and a lot of time being spent entering data, say Radiologists.
20 MAY 2013
Minutes of the meeting of IRIA Officials (Dr Jignesh Thakker & Dr Samir Gandhi) meeting with State Govt officials, and confirmation of moving from the Mumbai PCPNDT site to MahaGov online site.
07 May 2013
Doctor wins case against BMC in High Court (TOI- 07052013).
Dr Bela Bhat has won a case against B<C for unfairly sealing machine.
Read about this in the TOI article
11 Mar 2013
BMC & state tussle over sonography e-data in MUMBAI
Clara Lewis TNN (Times of India, March 11, 2013)
Mumbai:A wrangle is brewing between the BMC and the state health department over monitoring of sonography reports. Last year, the government issued a notification insisting on online filing of F-forms, which are to be filed every time a sonography test is conducted on a pregnant woman. The test is done to detect any abnormalities in the foetus, but gender determination is banned in India.
“Of the 4,293 sonography centres across Maharashtra only 2,000 have been complying with the norms. The rest have not been submitting forms online,” said a health department official.
“Of the defaulters nearly 1,195 are from Mumbai. The city has 1,200 sonography centres which means only five have been filing reports online,” he added.
The BMC, which has been monitoring the filing of Fforms, said 50,000 forms are submitted online every month. “The doctors have been filing the forms on pcpndtmumbai.org. About three months ago, the government informed that the forms must be filed on mahagov.in. We have informed the government that the doctors have been trained to file on the other website and are finding it difficult to shift to the government website,” said a BMC official.
Dr Jignesh Thakkar, secretary of the Indian Radiologists and Imaging Association, said doctors have been filing Fforms online but there is no clarity on the website they must file on. “For the mahagov.in website, many doctors are yet to receive a login and password. When we approach the BMC we are told to continue filing on the old website,” he said.
However, government officials insist that the forms must be filed on its websiteLast week, at a meeting of the Pre-Conception and Pre-Natal Diagnostic Techniques committee it was decided that doctors would be given a month to begin filing online.
6 Mar 2013
Based on an RTI filed by IRIA, Registrations have been given in Bhadrak District, Gujarat, to centres whose doctors have not fulfilled 6 months training course in Ultrasound, completely contravening the PC PNDT ACT. Matter has been taken up officially by authorities
In Gujarat, Collectors / AA of certain district have asked doctors to take photographs of pregnant patients before doing ultrasound as mandatory.
03 Mar 2013
Mumbai HC judgement not to unseal USG machine while case is in progress
21 Feb 2013
Article on Page 2 of Times of India (Mumbai) on 21st Feb 2013, states that fewer girls are being born in posh areas and is suggesting that upwardly mobile couples are moving towards 1 child norm and are preferring boys to girls. It states that though the sex ratio has marginally improved, the improvement has not occurred in posh areas like Marine Drive, Nariman Point, Bandra but in pockets that are low middle class/ poor. The sex ratio of Mumbai of 2012 stands 922 G: 1000 B up against 917 G: 1000 B in 2011.
19 Feb 2013THE MAHARASHTRA MEDICAL COUNCIL on Monday suspended registrations of 11 doctors for violating the Pre-conception and Pre-natal Diagnostics Techniques (PCPNDT) Act. The suspended doctors include Shivaji Sanap and Rahul Kolhe, who are in police custody in connection with the sex-test scam masterminded in Beed. The suspended doctors are from Beed, Jalagaon, Sangle, Ahmednagar and Wardha.
Of the 11 doctors suspended, seven have been convicted by the court for violating the PCPNDT Act. “These doctors were found guilty of flouting the PCPNDT Act on various grounds, while some did not maintain any record as required under the Act,” said Dr Kishore Taori from MMC.
(News info from TOI/ Mumbai Mirror - 19-02-2013)
15 Feb 2013
In a PIL filed by the Voluntary Health Association of Punjab (VHAP), 7 state secretaries with worst sex ratios were called by Supreme Court and details asked of the methods the states have taken to control the menace. The SC lauded the role played by Maharashtra Govt on the efforts they are taking.
13 Feb 2013
Article in the Mumbai Hindustan Times shows a survey that says that doctors have more sons than daughters hinting that they might be using sex selective methods for their unborn child.
15 Jan 2013
The 20th CSB meeting was completed in New Delhi last week. Further information is to be released shortly.
10 Dec 2012
Fertility clinics set to come under the scanner
Article in the Indian Express stating that the Maharashtra Govt is planning to put Fertility Scanners under the purview of the PC PNDT ACT
01 Dec 2012
Article in the Indian Express by Anuradha Mascarenhas :
Acting on a directive of the Bombay High Court, the state government has sent a list of 54 doctors to the Maharashtra Medical Council (MMC) seeking their suspension for violating provisions of the Pre Conception and Pre Natal Diagnostic Techniques (PC-PNDT) Act.
15 Nov 2012
Diagnostic Centres sealed after raids
Article in the Indian Express
12 Nov 2012
The Indian J of Radiology has in its latest issue covered in detail the issues and guidelines around the PC PNDT ACT with articles from Radiologists, social activists covering all aspects: www.ijri.org -
11 Nov 2012
Recent article in TOI (Mumbai) on Poor Sex ratio occurring due to gender bias
25 Sep 2012
Dr Samir Kapadia has been listed as one of the 4 in an expert committee created to devise suitable regulatory mechanism for effective monitoring of the sale of imported/ second hand/ refurbished ultrasound machines in order to check their misuse under the chairmanship of JS (PNDT),
20 Sep 2012
Centre (Ministry of Health) has refused installation of Silent Tracker in Punjab
Article in the Hindustan Times (Chandigarh)
19 Sep 2012
Article in the Hindustan Times (Punjab Edition) of Sex Determination Test Racket
18 Sep 2012
|Publication: The Times Of India Mumbai;||Date: Sep 18, 2012;||Section: Times City;||Page: 8|
HC relief for doctors using USG machines
Rosy Sequeira TNN
Mumbai: The Bombay high court on Monday allowed portable ultrasonography machines to be taken to patients’ home for any purpose other than sex determination. However, this will be subject to installation of the silent observer ( SIOB), a device which monitors scans done by USG machines. A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar was hearing a petition filed by three Mumbaibased cardiologists and an anaesthetist challenging the BMC’s order restraining them from taking the machines outside the clinics/ hospitals, where the machines are registered. Their petition said Pre-conception and Pre-natal Diagnostic Techniques Act (PCPNDT) relates to restrictions on genetic clinics/ institutions and doctors who deal with sex determination. “You cannot have a statute dealing with genetics applying to doctors dealing with cardiology or anaesthesia or anything other than genetics,” argued their counsel J P Cama. He said other forms of medicines like cardiology, anaesthesia and vascular surgery also require the portable machines. “You cannot expect a cardiology patient to go to a clinic or hospital in emergency,” said Cama. The judges said the doctors can take their machines out of the clinics/hospitals subject to installation of a SIOB and verification by the chief medical officer of BMC.
14 Sep 2012
Notification has been issued by the Central Ministry of Health to formulate a committee to revise Form F for diagnostic clinics, and hospitals. The committee will meet next month to decide changes in the Form F that will be made applicable across the country.
13 Sep 2012
Docs’ pleas heard: Govt to review sonography rules
Radiologists say 90 per cent of machines sealed in 2011 were seized for clerical errors, not illegal sex determination tests
ARTICLE IN THE MUMBAI MIRROR ON 13 SEP 2012 - Pg 4
10 Sep 2012
Delhi HC hearing of IRIA vs Govt of India regarding Gazette notification restriction to 2 places, is closed. Next discussion in Oct 2012.
31 Aug 2012
Article in TOI, Mumbai stating that Gynaecologists can perform OBGY ULtrasound. This notice is issued by the Union Ministry of Health.
Click here to read the notice
20 Aug 2012
Writ Petition dismissed on AA sealing machine on grounds of incomplete Form F
07 Aug 2012
Aurangabad High Court gives relief to Radiologist whose place was sealed for going to 3 places, without a notice.
03 Aug 2012
DNA paper - Article on Foeticide Stings
01 Aug 2012
Article in Times Of India (Mumbai Edition) on the fact that Doctors are being harassed for paperwork and machines sealed for the same.
Click here to read
29 Jul 2012
Over 1000 private doctors in Beed district have gone on an indefinite strike from Sunday in protest against the Civil Surgeon’s letter asking the authorities to treat female foeticide as ‘organised crime’ and slap MCOCA (Maharashtra Control of Organised Crime Act) against erring medicos.
Article in the Marathi Paper : sakal
Click here for the Writ Petition stay of Dr Rajeev Zankar
19th CSB meeting minutes : click here
IRIA GETS STAY ON PAN INDIA BASIS IN PC PNDT case today. This was against the gazette restricting radiologists to 2 places.
22 Jul 2012
Article in INDIA PR WIRE of Dr Harsh Mahajan on the new amendment to THE ACT
21 Jul 2012
Dr Rajeev Zankar who had filed a writ petition in Mumbai HC gets ad-interim relief (stay) on the Gazette restricting Sonologists to 2 places. Article in the Mumbai edition of TOI is here
LOKSATTA (marathi) article is here :
20 Jul 2012
News in Maharashtra Times about minor Form F violations by doctors being taken to court under criminal charges
12 Jul 2012
West Bengal Directorate for Health Services has issued a notification for guidelines for restricting sonologists to 2 places.
10 Jul 2012
The Delhi HC has accepted the writ petition of IRIA for hearing on 23 Jul 2012. This writ was filed against the recent Gazette notification restricting Radiologists / Sonologists to 2 places within one district.
07 Jul 2012
Times of India (Mumbai edition) has extensively covered the use of abortion pills on page 6 today. TOI viewpoint is also available. On the same page is an article stating that relatives of women seeking gender selection will be prosecuted. Click here for the latter
07 Jul 2012
Radiologists and Gynecologists in Parbani
have decided to shut down their ultrasound clinics and have decided to perform sonography only if patient gets letter from Collector. News article in the Lokmat
06 Jul 2012
President IRIA, Dr Harsh Mahajan issues notification to all members explaining the IRIA stand on the recent Gazette Notification of restriction to 2 places for sonologists.
Click here to read the message
Article on the ProtectOurGirls website stating the sex selection is common now even in Eastern Europe and reflect figures seen in Asia. Click here for the link.
05 Jul 2012
FAQs on Gender Determination world wide is a good article to get an insight into whats happening across the world. This has been uploaded on the UPFPA page, an international developmental body. The link to this page is here
02 Jul 2012
In an order by the State Appropriate Authority of Delhi, Dr Ashwani Mehta of Kolmet Hospital had his machine desealed. The sealing was done on grounds of Images/Idols of Ganpati & Goddess Laxmi placed in the room, and presence of treadmill in the USG room. A conjecture was made in the order that they could be construed as bring used for indicating the sex of the foetus, but this was found to be unfounded.
MSBIRIA and IFUMB decide to seek legal opinion on the Gazette. Sonologists across Maharashtra are directed by MSBIRIA to stick to 2 sonography places in compliance with the law, and continue to do so until legal opinion is sought. Details are here
Article published in the Times Of India (Mumbai Edition) Page 9
25 June 2012 Central Govt has passed an amendment restricting Radiologists to 2 places in one district. The link to the Gazette is here
A report on this has been published in the Mumbai Mirror (Mumbai Edition) dated 25 June 2012.Here is the link
20 June 2012
The case filed against Navi Mumbai Mun Corporation by 6 doctors (3 gynaecologists and 3 Radiologists) challenging the sealing of their machines is still in progress.
10 June 2012
UNFPA calls for assessment of state level committee
31 May 2012
In a report in the Indian Express in mid June, the MSBIRIA has taken a stand not to approach the Supreme Court to challenge the verdict squashing use of mobile/ portable ultrasound machines in many centres. This verdict of HC Hon' Justice Majmudar was taken as many centres and Radiologists were found flouting the rule, and using the machine indiscriminately. 31 May 2012: Article in ExpressIndia.com about US lawmakers introducing a new legislation to ban sex-selective abortion. A doctor thus could face 5 years in prison if race or sex is a factor in the woman's decision to terminate her pregnancy. Click here for the full article.
31 May 2012
Remarks by Congressman Chris Smith during the debate in the US Senate to ban sex-selective abortions. Click here to read the article
30 May 2012
Sonography centres in Pali district in Rajasthan would now also have audio-recording equipment too apart from active trackers which would enable the district administration to nab the patient even before doing the test. This is the first place where active tracker is being combined with audio equipment. When queried on the issue of patient privacy, Pali Collector Neeraj K Pawan said that since CCTV was not being put, and only audio recording was being done, privacy of patients was not being breached.
18th CSB MEETING: CLICK HERE
17 May 2012
Rajasthan Government has taken a cue from Kolhapur model and decided to install Silent Observer in Pali District.
Mar 18, 2012:
Maharashtra Govt pulls the plug on Silent Observer experiment
The Health Minister Shree Suresh Shetty stated that the Silent Observer is ineffective and will not be used in other parts of the state. He took the decision at a PC PNDT STATE MEET earlier that week. This news has been covered in the Mumbai Mirror on Mar 18, 2012.
UNFPA has placed on their website the report submitted to the Maharashtra State Health Department, regarding their study on the Silent Observer trial done in Kolhapur. The summary of this report states that it has no influence on the improvement of the Girl Child ratio in this state.
CLICK HERE FOR THE LINK TO THIS REPORT
TO DOWNLOAD, CLICK HERE
Aurangabad HC judgment squashing criminal case for minor violation of FORM F
A network of 22 organbizations including NGO express regret and protest against the statement made by MLA s in Maharashtra Legislative assembly. They said that the statement that female foeticide be treated as murder and the culprits be booked under Section 302 of the IPC would actually have anti-abortion implications, and would make access to safe abortions illegal.
24 Feb 2012
Article in THE GUARDIAN, UK on the Sex Selective Abortions.
Click here to read the article.
17th CSB MEETING : CLICK HERE
Article in THE HINDU on the ban on portable ultrasound
Portable Sonography banned across Maharashtra.
MSBIRIA writ petition is dismissed in Mumbai HC, challenging the order passed by BMC to ban portability of ultrasound machines. The HC order is available here
MSBIRIA writ petition against Silent Observer dismissed. Here is the final judgment of HC (Hon' Chief Justice, Mohit Shah)