Nagpur radiologists rue ‘unfair’ action against them for small errors

NAGPUR: Two decades ago, Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act came into being to curb female foeticide. Today, doctors see it as a law that can land them in jail, jeopardize their careers and lives even due to some small clerical error. Meanwhile, there is no provision to penalize the ‘consumers’ who want doctors to perform female foeticide, they feel.
Radiologists discussed the issue on the sidelines of the installation of the new body of Indian Radiology and Imaging association (IRIA), Vidarbha. A CME on past, present and future in ‘Breast and Orbital Imaging’ was also held. IRIA president Dr Jignesh Thakkar was the chief guest while chairman of Maharashtra Medical Council Dr Kishor Taori, IRIA secretary Dr Pramod Lonikar, IRIA vice-president Dr Suresh Chandak, dean of NKP Salve Institute of Medical Sciences Dr Kajal Mitra, IRIA Maharashtra president Dr Suresh Saboo and IRIA Maharashtra secretary Dr Sanjiv Mani were the guests of honour. Chennai-based Dr Bhagyam, Dr Deepak Bhatt from Mumbai and Dr Nitin Ghonge from New Delhi were the faculty for the CME.
Dr Thakkar assured the radiologists that he will be soon meeting the union health minister JP Nadda and state health minister Dr Deepak Sawant. “We will try to hold dialogues with the ministries telling them our concerns,” he said.
Talking about these concerns, the new president of Vidarbha IRIA Dr Prashant Onkar said, “Almost 99% of imprisonment and convictions under the Act are because of clerical errors in documentation. In its original form, it only covered invasive procedures of foetal sex determination. When it was amended in 2003, ultrasound was added to the Act without really thinking of the relevance and context.” He said that it is unfair that a non-bailable, non-compoundable offence is registered against a doctor, and his licence and ultrasound registrations are suspended for these errors.
“The Act ends up equating clerical mistakes with the gross crime of sex determination and female foeticide. Instead of focusing on the real crime and catching people involved in it, this focus on miscellaneous stuff only undermines the importance of the Act,” said Dr Sandeep Dhote, the new secretary of IRIA Vidarbha. While it leads to huge monetary and reputation loss to doctors, the patients who demand the service are not under the jurisdiction of this Act, he pointed out.
“We acknowledge the presence of a few black sheep in our profession. But it is unfair to punish a majority for these few. Associations like IRIA should be the ones to sensitize members to follow regulations like PCPNDT. Breaking any rule should lead the offender to be debarred from membership. Such self-regulation would be more effective than a forced government diktat,” said Dr Taori. He also said that the government officials should understand the practical constraints being faced by doctors.
CONCERNS ABOUT PCPNDT
* Small clerical errors lead to FIR being registered, possible jail term, suspension of licence and ultrasound registration
* No provision to penalize patients who demand foetal sex determination
* Too much focus on irrelevant detail leading to actual crime and criminal being unpunished
* Penalty for petty documentation errors same as that for conducting foetal sex determination tests
* No uniformity in Act, with local and state governments adding and amending it
WHAT ARE RADIOLOGISTS DOING
* Three court cases currently, two in Delhi High Court, one in Aurangabad
* Discussions with union health minister JP Nadda and state health minister Dr Deepak Sawant slated for Monday
* Maharashtra Medical Council has also written to state and central governments about practical difficulties and unfairness in the act
SOLUTIONS
* Clauses be made clearer not ambiguous like it is now
* Uniformity in law across the country
* Amendments be made as per the suggestions of radiologists
* More focus on sting operations so that offenders are punished
* Include penalty for ‘consumers’