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The Delhi High Court Tuesday suggested the central government amend the law against sex determination tests for curbing its misuse.

Justice S.Muralidhar asked the central government to conduct a comprehensive survey and take appropriate measures to amend the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act to curb the misuse of the law.

It asked the government to consult experts in the medical fraternity and in education sector.

“The absence of clear rules and guidelines spelling out unambiguously the qualification, training and experience required for operating a diagnostic clinic offering ultrasound tests has resulted in unethical practices being adopted in many such clinics in violation of the PNDT Act going unchecked,” said Justice Muralidhar.

The court’s direction came while allowing two petitions challenging the Medical Council of India’s (MCI) order rejecting their applications to renew the registration of their ultrasound clinics.

“As a result of the weak definition of the term ’sonologist’ under the PNDT Act, the mushrooming growth of diagnostic clinics is unable to be effectively regulated,” the court said.

“To avoid any confusion, the requirements in terms of qualification, training and experience to recognise and register as sonologist should be incorporated… In determining the criteria, the best available international practices should be adopted to suit conditions,” the court said.


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