IMA opposes proposed MCOCA action against doctors in cases of female foeticide

Times News NetworkChhatrapati Sambhajinagar: The local chapter of the Indian Medical Association (IMA) has strongly opposed the state govt's proposal to enforce the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, by invoking the stringent Maharashtra Control of Organised Crime Act (MCOCA).In a memorandum submitted to public health minister Prakash Abitkar, the IMA stated that the proposed move has caused widespread anxiety within the medical fraternity."Treating all types of irregularities under the PCPNDT Act as equivalent to organised crime is unjustified. MCOCA was originally enacted to tackle criminal gangs involved in extortion, mafia, and serious criminal networks.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.Abitkar said the proposed action would be finalised after taking into confidence different stakeholders, including doctors. "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 told TOI.The PCPNDT Act aims to prevent female foeticide and improve the declining child sex ratio. During a recent review meeting, minister Abitkar directed the law and judiciary department to examine whether MCOCA could be invoked in cases where sex determination rackets operate in an organised manner.However, the IMA argued that many recorded violations under the PCPNDT Act are not instances of intentional sex determination but are instead technical or procedural lapses in documentation."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.The association further warned that excessive and punitive enforcement could lead to "defensive medicine," where doctors may stop performing obstetric ultrasound services altogether to avoid legal risks. This, the IMA noted, would significantly reduce the availability of essential prenatal diagnostic services, particularly in rural and semi-urban areas, ultimately harming maternal and fetal healthcare.Medical professionals have urged the govt to maintain a clear distinction between illegal sex determination rackets and minor procedural errors. The IMA concluded that effective public health policy requires mutual trust, suggesting that the govt should treat doctors as partners in public health rather than potential offenders.