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Some doctors may be exempted from the provisions of PCPNDT Act: High Court

New Delhi: Delhi High Court has ruled that all places including vehicles where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or has the potential of detection of sex during pregnancy or selection of sex before conception, require registration under the PCPNDT (Pre-Conception and Pre-Natal Diagnostic Techniques) Act.

According to a recent Delhi High Court judgement, doctors owning or operating ultrasound machines and registering the same with the competent authorities may be exempted from complying with the provisions of the PCPNDT Act if they make a declaration in the prescribed form that the said machine is not intended for conducting pre-natal diagnostic procedures; give an undertaking to not use or allow the use of the same for pre-natal diagnostic procedures; and has a “silent observer” or any other equipment installed on the ultrasound machines capable of storing images of each sonography tests done.

“If however for any technical reasons, the Central Supervisory Board is of the view that such “silent observer” cannot be installed or would not serve the purpose, then the Central Supervisory Board would prescribe other conditions which such registrant would require to fulfil, to remain exempt as aforesaid,” a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw said.

In its judgement delivered on February 17, the bench further said, “However such registrants would otherwise remain bound by the prohibitory and penal provisions of the Act and would… remain liable to give inspection of the ‘silent observer’ or other such equipment and their places, from the time to time and in such manner as may be prescribed by the Central Supervisory Board.”

Read the full Judgement

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