Despite the State struggling to arrest a steady decline in the child sex ratio from 958 in 2011-2013 to 916 in 2018-2020 (for every 1,000 males as per SRS data), Karnataka’s Health Department has booked only 100 violation cases of Pre-Conception and Pre-Natal Diagnostic Techniques Regulation and Prevention of Misuse) Act, 1994, since 2002.
This gains significance in the light of the recent unearthing of a sex determination racket across Bengaluru, Mandya, and Mysuru districts.
The Bengaluru police recently arrested a doctor and his lab technician who allegedly performed around 900 illegal abortions in the last three years.. Following this, the State government has ordered a CID probe and has announced the setting up of a task force to check female foeticide.
Of the 100 violations, the accused have been convicted under the Act in a mere 15, while in 76 cases the accused were acquitted indicating that implementation of the PCPNDT Act - that prohibits sex determination - is a daunting task for officials. The remaining cases are pending in courts.
Attributing this to limited provisions under the Act for collaboration between the Health Department and the police, officials said this is making monitoring difficult.
Zero cases in 14 districts
According to official data, not a single case was booked in 14 districts in the last 21 years, while one case each was filed in six districts.
While the most cases have been booked in Bengaluru Urban (31), Belagavi and Vijayapura follow with 15 and 14, respectively.
Of the estimated 38,000 health facilities in Karnataka, over 6,300 are diagnostic centres and laboratories. Overall, not more than 34,000 of these health facilities have been registered under the Karnataka Private Medical Establishments (KPME) Act.
Under the PCPNDT Act, the State Appropriate Authority assisted by the district-level PCPNDT advisory committees and inspection and monitoring committees play a key role in preventing sex determination and female foeticide.
Although officials claimed that these committees are actively functioning, there are allegations that most are in limbo.
While these committees are supposed to conduct regular inspections of the diagnostic and scanning centres to prevent female foeticide, sources said last year only 14% of the inspection target was met. Till June this year, 20% of the target was met.
The decline in sex ratio in at least 20 districts in Karnataka points to the grim reality that administrative mechanisms are not fully functional, sources said.
Better coordination needed
Admitting there are challenges in implementing the Act effectively, State Health Commissioner Randeep D. told The Hindu that coordination between the police and the Health Department needs to improve.
“While stricter sections of the Indian Penal Code (IPC) need to be levied - such as Section 315, 316 (non bailable / cognizable) - more number of inspection teams are needed. Intensified awareness and informants reaching out to us will help plan more decoy operations,” the Commissioner said.
Vivek Dorai, State Deputy Director (Medical Acts), said the proposed State task force headed by the Health Commissioner will be the overall monitoring body for effective implementation of PCPNDT Act.
Presently, the advisory committees are under Project Director (Reproductive Child Health). The task force will be the nodal body that will supervise and monitor their functioning and also interact with districts for effective implementation, he said.
Civil society recommendations
Meanwhile, like-minded civil society groups and women organisations have come together to recommend amendments to the PCPNDT Act.
“We held a meeting and we are planning to submit a memorandum to the Health Minister seeking certain amendments to the Act,” said Vasundhara Bhupathi, former member of the State Advisory Committee.
“The Act should be amended to enable setting up of taluk level advisory committees. We feel a higher penalty amount slapped on the accused will act as a deterrent. Besides, there should be increased awareness and effective implementation of the ban on mobile scanning machines,” she added.
