P.C.P.N.D.T ACT, VOICE RAISED IN DOCTORS FAVOR
Why high rise in prosecution of doctors under PCPNDT ACT
Yet there is no direct prosecution under P.C.P.N.D.T Act but still the conviction is at higher rates. To prosecute the doctors under this act the complaints are directly filed in the court of J.M.I.C and filed through Appropriate Authority of the district. Yet there is no need to worry but still under this act there is no provision of anticipatory bail unless the court issues warrants, this is a tricky situation because under these circumstances it all depends on the doctors if the doctor is heavy weight then he wont be arrested and the law enforcing authorities will provide him ample chance to get his anticipatory bail but if the unfortunate doctor is new then he will be arrested immediately.
The topic for discussion. prosecution under PCPNDT Act that more than 120 doctors from all over the country have been convicted in criminal court of law under PCPNDT Act with imprisonments up to five years. That the provisions of PCPNDT Act are draconian and are frequently misused to settle personal scores.
That there is no doubt that the steering committee or team which raids the hospitals acts so harshly and are always in a hurry to raid more, I share few examples from my own experience that, while raiding the respected hospital the committee was in so much hurry that they did not bothered to give proper chance even to the doctors to produce the record and explain their part.
That Maneka Gandhi's suggestions to determine sex of all fetuses may actually create more problems for ultrasonologists and gynaecologists.The preference for male child is a social problem and a bureaucratic solution will not work. Dr Hitesh Bhatt stressed on need to promote gender equality in schools, and suggested compulsory female sex selection for all infertile couples opting for In vitro fertilization (IVF).
That the witch hunting which goes on currently in name of PCPNDT Act has failed to improve sex ratio and in fact since the Act came into being, child sex ratio of children between 0-6 years has worsened.
That in the welfare of society and medical professionals it would be better to propose an investigation period of 30 days and the to be charged doctors should be given a chance to present his defence and documents, the investigating team should consist of senior doctor on proposal of IMA, senior advocate and a police officer not below the rank of D.S.P. if still this team finds the doctor guilty then he should be charged but if the doctor proves his defence then the complainant should be penalized and the funds should go into the funds of charitable hospitals or any other social service.
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