The Chhatrapati Sambhajinagar chapter of the Indian Medical Association (IMA) has strongly opposed the Maharashtra government’s proposal to enforce provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act) by invoking the stringent Maharashtra Control of Organised Crime Act (MCOCA). The association warned that treating procedural lapses by doctors as organised crime could create fear within the medical community and affect access to prenatal diagnostic services.
Doctors Express Concern Over Use of Organised Crime Law
In a memorandum submitted to Maharashtra Public Health Minister Prakash Abitkar, the IMA stated that the proposal has created widespread concern among doctors. The association argued that MCOCA is a stringent law designed specifically to tackle organised criminal syndicates involved in extortion, mafia operations, and serious criminal networks.
According to IMA representatives, equating irregularities under the PCPNDT Act with organised crime is unjustified and disproportionate. The PCPNDT Act was originally enacted to prevent female foeticide and maintain a balanced child sex ratio in the country.
Dr Anupam Takalkar, president of the IMA Chhatrapati Sambhajinagar chapter, said applying a draconian law like MCOCA against medical professionals would create a severe imbalance between the nature of the offence and the punishment.
Government Says Strong Action Needed Against Sex Determination Rackets
Responding to the concerns, Minister Prakash Abitkar stated that the government will consult all stakeholders, including doctors, before finalising any proposal. However, he emphasised that illegal sex-selective abortions remain a serious social threat.
The minister noted that authorities have observed organised syndicates allegedly involving medical professionals in illegal sex determination activities. According to him, invoking MCOCA in such cases could act as a strong deterrent against these rackets.
During a recent review meeting, the minister instructed the law and judiciary department to examine whether MCOCA provisions could be applied to organised sex-determination rackets operating systematically in groups.
Doctors Cite Technical Lapses Under PCPNDT Act
The IMA pointed out that violations under the PCPNDT Act are often linked to technical issues or procedural lapses rather than deliberate attempts to determine the sex of the fetus.
Doctors highlighted that clerical errors in mandatory documentation such as “Form F” are sometimes treated as criminal offences. They argued that bringing such minor lapses under organised crime laws contradicts the principle of proportionality in criminal jurisprudence, which states that punishment must match the seriousness of the offence.
Fear of ‘Defensive Medicine’ and Reduced Prenatal Services
The association also warned that harsh enforcement measures could lead to “defensive medicine,” where doctors might avoid providing obstetric ultrasound services altogether due to fear of legal consequences.
According to the IMA, such a situation could significantly reduce access to essential prenatal diagnostic services, particularly in rural and semi-urban areas. This could ultimately affect maternal and fetal healthcare services across the state.
IMA Urges Balanced Approach
The IMA has appealed to the Maharashtra government to clearly distinguish between organised illegal sex-determination rackets and minor procedural errors committed by doctors.
The association stressed that effective public health policy depends on cooperation and trust between authorities and healthcare professionals. Doctors should be treated as partners in healthcare delivery rather than being viewed as potential offenders, it added.
