Haryana Reconstitutes State-Level Appropriate Authority Under PC&PNDT Act

The Haryana Government, Health Department, issued Notification No. 47/27/2018-4HBII on March 21, 2025, formally appointing a new Appropriate Authority for the entire State of Haryana under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (Central Act 57 of 1994). This administrative instrument, published in the Haryana Government Gazette Extraordinary, came into force with immediate effect upon its issuance. The notification was enacted in exercise of the powers conferred by sub-section (2) of section 17 of the central Act, which mandates the appointment of such authorities to oversee its implementation. This latest notification supersedes a previous one from the Haryana Government, Health Department, bearing No. 47/27/2018-4HB-II, dated July 5, 2021, indicating a re-constitution of the authority responsible for enforcing the critical legislation aimed at preventing sex-selective abortions. The newly constituted Appropriate Authority comprises a three-member body: the Director General Health Services, Haryana, who will serve as the Chairperson; the Additional Legal Remembrancer and Special Secretary to Government, Haryana, Law and Legislative Department, designated as a Member; and the Deputy Director, Women and Child Development, Haryana, also appointed as a Member. The legislation provided: “the Governor of Haryana hereby appoints, with immediate effect, an Appropriate Authority, for the whole of the State of Haryana, consisting of the following, namely:—” outlining the composition and immediate effect of the appointment.

The primary legislative intent behind the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, and consequently, the appointment of an Appropriate Authority, is to prohibit the misuse of pre-conception and pre-natal diagnostic techniques for sex determination leading to female foeticide, thereby addressing the declining child sex ratio. The policy rationale underscores the legal necessity of having a dedicated body to regulate diagnostic clinics, monitor compliance, and take punitive action against violations. The earlier legal position involved a similar Appropriate Authority constituted under the notification dated July 5, 2021. The supersession of this prior enactment by the current notification suggests a review and re-establishment of the authority, potentially to enhance its effectiveness or update its composition. While this notification does not introduce new rights or obligations directly, it strengthens the enforcement mechanisms for existing statutory obligations under the central Act. The Appropriate Authority is crucial for addressing statutory gaps related to the oversight and regulation of diagnostic centres, ensuring that medical professionals adhere to the law, and preventing the illegal practice of sex selection. Its responsibilities include registering genetic counselling centres, genetic laboratories, and genetic clinics, as well as investigating complaints and initiating legal proceedings against offenders. The re-constitution of this body ensures continued vigilance and administrative capacity to combat sex-selective practices across Haryana.

Keywords: Haryana, PC&PNDT Act, Appropriate Authority, Health Department, Sex Selection, Female Foeticide, Diagnostic Techniques, Government Notification, Public Health, Legal Enforcement

Geo Tags: India, Haryana District: Not Applicable