Aurangabad: The Chhatrapati
Sambhajinagar chapter of the Indian Medical Association (IMA) has strongly opposed the state government’s proposal to implement the
provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT)
Act, 1994, by invoking the stringent Maharashtra Control of Organised Crime Act
(MCOCA).Also Read:IMA Darbhanga raises alarm over extortion attempts, demands doctors’ securityIn a memorandum submitted to Public Health Minister Prakash Abitkar, the association stated the proposal has generated widespread concern and unease among members of the medical
community because MCOCA is a stringent Indian law designed to combat organized
crime syndicates, and considering irregularities under the PCPNDT Act as
similar to organized crime is not justified. The PCPNDT Act was enacted to stop
female foeticide and maintain the balance of the child sex ratio, reports The Daily.
MCOCA was originally
enacted to tackle criminal gangs involved in extortion, mafia, and serious
criminal networks. Applying such a draconian law to medical professionals
creates a severe imbalance between the nature of the offence and
punishment,” said Dr Anupam Takalkar, president of the IMA Chhatrapati
Sambhajinagar chapter.
Speaking to the Times of India, Minister Abitkar said that different stakeholders, including doctors, will be duel
consulted before the proposal is finalised. “Illegal sex selective
abortion is a very grave threat to our society. We have witnessed syndicates
involving doctors in such illegal acts. The stern action in the form of
invoking MCOCA will help in serving as a strong deterrent,” he stated.
During a recent review
meeting, Minister Abitkar has instructed the law and judiciary department to check
if the MCOCA provision could be applied in cases of sex determination rackets operating in a group, in a systematic way. However, the IMA argued that sometimes the PCPNDT Act is violated by medical professionals due to technical problems or lapses
in procedures and documentation, and they are not motivated by an unethical and intentional
attempt to determine sex. “In many cases,
clerical deficiencies in ‘Form F’ are treated as criminal
offences. Bringing such lapses under the ambit of organised crime laws is
inconsistent with the principle of proportionality in criminal jurisprudence,
which dictates that punishment must match the seriousness of the offence,”
Dr Takalkar added.Also Read:Mumbai hospital under scrutiny for allegedly withholding patient’s body over unpaid billsThe association further
warned that any excessive and punitive measures to enforce the law could create ‘defensive
medicine,’ where obstetric ultrasound services might get suspended altogether, as
doctors will not be willing to take any legal risks. The association
pointed out that such a move could greatly limit access to important prenatal
diagnostic facilities, especially in rural and semi-urban regions, thereby
adversely affecting maternal and fetal care.
Doctors have appealed to
the government to clearly differentiate between organised illegal
sex-determination activities and minor procedural lapses. The IMA further
stated that successful public health policy depends on cooperation and trust,
urging the authorities to view doctors as collaborators in healthcare delivery
rather than treating them as suspected wrongdoers.