In the first such action against a large corporate hospital, a total of seven doctors have been charged with violating sections of the Pre-Conception and Pre-Natal Diagnostic Technique (PC-PNDT) Act and convicted to one year’s simple imprisonment and fine of Rs 5,000 by a Judicial Magistrate First Class court, Pune.

This is the first such case when a corporate hospital has been pulled up — mainly for non-maintenance of records and slapped with a Rs 10,000 fine by a court while hospital workers too have been convicted by the JMFC court presided by Judge D B Mhalatkar. The court observed that the hospital had been given a chance in 2011 to improve but they failed to do so.

Considering that punishment is strict for flouting any section of the PC-PNDT act that deals with the offence of illegal sex determination of the foetus, the hospital should have improved its position but failed to do so, the court observed.

According to Advocate Anant Randive, legal adviser for PC-PNDT in the PCMC, Dr Anandrao Jagdale the then Appropriate Authority for implementing the PC-PNDT Act in Pimpri Chinchwad Municipal Corporation, had filed a case against Aditya Birla Hospital, its superintendent Dr Ashutosh Shrivastav, medical director Dr Ashish Pathak, Chief Operating Officer Rekha Dubey, Dr Ritu Lokhande and radiologists Dr Anup Bharsakade, Dr Deepali Ahirrao, Dr Runalaila Soofi under sections 23, 25, 26 and 29 of the PC-PNDT Act.

On 28-6-2012, Dr R N Bachchav had been authorised to conduct inspections of all sonography and medical termination of pregnancy centres in Thergaon, Kala Khadak and Pimple Nilakh area. Dr Bachchav inspected the Aditya Birla hospital on 28-6-2012 and 29-6-2012 and found irregularities in filling Form ‘F’, which records medical history of pregnant women. While the PC-PNDT booklet was not made available, the board displaying rules of the PC-PNDT Act too were not displayed at six sonography machines.

Subsequently, show cause notices were issued after sealing the sonography machines to respond to the violation of the PC-PNDT Act. The court has said that rule 9(4), 17 (1) and 17 (2) of the PC-PNDT Act were flouted. When contacted, Dr Pavan Salve, presently the Appropriate Authority for implementing the PC-PNDT Act in PCMC area, reiterated that this was the first such case that had involved a large corporate hospital and assumes importance as despite reminders the administration failed to improve. Rekha Dubey, COO, Aditya Birla Memorial Hospital, said the court judgment was “shocking news”.

“It was only the act of omission not a case of any medical negligence. We are all aware that doctors are supposed to deal with the medical emergency and that time their priorities are to treat the patients. However in this case in between the procedure they received emergency calls from nurse so whilst filling the documentation, in a hurry, they missed only putting their own signatures. (The) remaining documents were in order thoroughly, as per the PC-PNDT Act requirements. It should be noted that this was the only fault — a technical mistake aggrieved by the above judgment, the Management of Hospital is filing an appeal in the Sessions Court against the said judgement,” she added.

No sonography tests in city from Monday

By Nozia Sayyed, Pune Mirror | Mar 5, 2015, 02.30 AM IST

While a court of judicial magistrate (first class) has announced its judgment against the six doctors of the Chinchwad-based Aditya Birla Hospital for the incomplete filling of Form F, the Pune doctor's association has now called upon a cease of gynaec sonography tests from Monday in retaliation. Over 250 radiologists and sonologists have agreed to join the protest. On February 25, the court found six doctors guilty of violating the Pre- Conception and Pre-Natal Diagnostic Techniques Act, 1994. They will need to pay a fine of Rs 10,000 each and serve one-year imprisonment.
The doctor's association, which includes Association of Nursing Homes and Clinic Owners of Pune (ANHCOP) and Indian Medical Association of Pune, has claimed that the penalty is huge and the injustice is not only towards doctors, but the medical profession, too. Dr Nitin Bhagali, president of ANHCOP, told Mirror, "The court's judgment is insensitive as the punishment is same as conducting a sex determination test. It has come as a shock to us. Filling of the form is a clerical job which is done by hospital staffers. How can doctors be held responsible for a minor technical error that is not even their fault?" Urging all centres in the city to stop conducting gynaec, especially pregnancy-related sonography tests, Dr Avinash Bhondwe, past president of IMA Pune, said, "We are firm on our stand and will continue to remain so until the court changes the judgment. The act deems the same punishment for incomplete filling of forms and an illegal sex determination test. The degree of punishment needs to change. Bhondwe added that they had written to the Union health ministry, urging it to amend the Act, which was refused. However, the accused doctors seem to be not unaware of the support. Dr Anup Bhasrakade, one of the accused, said, "Although we are not aware, it will be a big relief if they are supporting us. The imprisonment has come as a huge punishment for us. We are still in a state of shock."

Relevant Sections

23: Offences and penalties- (1) Any medical geneticist, gynaecologist, registered medical practitioner or any person who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made there under shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.

(2) The name of the registered medical practitioner who has been convicted by the court under subsection

(1), shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of two years for the first offence and permanently for the subsequent offence.

(3) Any person who seeks the aid of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic or of a medical geneticist, gynaecologist or registered medical practitioner for conducting prenatal diagnostic techniques on any pregnant woman (including such woman unless she was compelled to undergo such diagnostic techniques) for purposes other than those specified in clause

(2) of section 4, shall, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.

25: 25. Penalty for contravention of the provisions of the Act or rules for which no specific punishment is provided.- Whoever contravenes any of the provisions of this Act or any rules made there under, for which no penalty has been elsewhere provided in this Act, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to one thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

26: Offences by companies - (1) Where any offence, punishable under this Act has been committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.--For the purposes of this section,--

(a) "company" means anybody corporate and includes a firm or other association of individuals, and

(b)"director", in relation to a firm, means a partner in the firm.

29: Maintenance of records. (1) All records, charts, forms, reports, consent letters and all other documents required to be maintained under this Act and the rules shall be preserved for a period of two years or for such period as may be prescribed:

Provided that, if any criminal or other proceedings are instituted against any Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, the records and all other documents of such Centre, Laboratory or Clinic shall be preserved till the final disposal of such proceedings.

(2) All such records shall, at all reasonable times, be made available for inspection

Rules

9(4): The record to be maintained by every Genetic Clinic, in respect of each man or woman subjected to any pre-natal diagnostic procedure/technique/test, shall be as specified in Form F.

17 (1): Every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre shall prominently display on its premises a notice in English and in the local language or languages for the information of the public, to effect that disclosure of the sex of the foetus is prohibited under law.

17 (2): At least one copy each of the Act and these rules shall be available on the premises of every Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic, Ultrasound Clinic and Imaging Centre, and shall be made available to the clientele on demand for perusal.

(Penalties: Case may be launched in the court of JMIC u/s 25 of the Act. Punishment may extend to 3 months or with fine, which may extend to Rs. 1,000/-for first offence. Additional fine upto Rs. 500/- per day for the period of contravention for subsequent offence. Or Show cause notice u/s 20(1),(2) for temporary suspension of registration. Or Under Section 20(3))

Section 4 of the Act:

4. Regulation of pre-natal diagnostic techniques- On and from the commencement of this Act,--

(1) no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall be used or caused to be used by any person for conducting pre-natal diagnostic techniques except for the purposes specified in clause (2) and after satisfying any of the conditions specified in clause (3);

(2) no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:--

(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(iii) haemoglobinopathies;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board;

(3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:--

(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
(iv) the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease;
(v) any other condition as may be specified by the Central Supervisory Board;
Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography;

(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).

(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.

5. Written consent of pregnant woman and prohibition of communicating the sex of foetus. (1) No person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless—

(a) he has explained all known side and after effects of such procedures to the pregnant woman concerned;
(b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to the pregnant woman