The Intersection of Law and Medicine: Analyzing the PCPNDT Act's Impact on Sonologists

Abstract

The paper seeks to analyse the effect of the Pre-Conception and Pre-Natal Diagnostic Technique Act (hereinafter referred to as the PCPNDT Act) on the right to the profession of Sonologist[1]. The PCPNDT Act, which was enacted to prohibit female feticide, has a chilling effect on the right to the profession of Sonologist. The stringent provisions of the PCPNDT Act, which punishes the Sonologist for mere non-maintenance of record (Form F) and clerical error, require legal scrutiny. The other counterpart legislation, the Medical Termination of Pregnancy Act 1971, does not have such stringent provisions. Both the acts mentioned above are the sides of the same coin. The unequal treatment of both Acts does not align with the principle of equality enshrined under the Indian Constitution. The study on the issue becomes important after the judgement of the Federation of Obstetric and Gynaecological Societies of India vs. Union of India[2] in which it was held that section 23 of the Act is Constitutional which talks about equating clerical errors under PCPNDT Act with the actual offence of sex determination.