The President has
given his assent to the Pre-Natal Diagnostic Techniques (Regulation
and Prevention of Misuse) Amendment Bill, 2002 and the Money Laundering
Bill, 2002. With this, these two Bills passed during the Winter
Session of Parliament ending December 20, 2002, have been notified
in the Gazette of India as Act Nos. 14 and 15 respectively of
the year 2003.
The Pre-Natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment
Act, 2003, which seeks to amend the Pre-natal Diagnostic Techniques
(Regulation and Prevention of Misuse) Act, 1994, provides for
a total ban on the pre-conception sex selection techniques and
the misuse of pre-natal diagnostic techniques for sex-selective
abortions and provision of the regulation of such abortions. It
also seeks to uphold medical ethics and initiate the process of
regulation of medical technology in the interest of the society
as the present practices and techniques are considered discriminatory
to the female sex and not conducive to the dignity of the woman.
The devices under the amended Act are to be used strictly for
scientific purposes by only registered qualified experts in the
event of the age of the pregnant woman being above 35 years, the
pregnant woman having undergone two more spontaneous abortions
or foetal loss, pregnant woman having been exposed potentially
teratogenic agents like drugs, radiation, infection or chemicals,
or the pregnant woman or her spouse having a family history of
mental retardation or physical deformities like spasticity or
other genetic desease or any other condition as may be specified
by a Board of qualified doctors in the duly approved registered
clinic or hospital. It also seeks to provide for a deterrent punishment
with imprisonment which may extend to three years and with fine
which may extend to Rs. 50,000 for the first offence and for any
subsequent offence with imprisonment which may extend to five
years and with fine which may extend to Rs. 1 lakh for the unscrupulous
medical practioners indulging in female child foeticide. The Government
under the amended Act acquires power of search and seizure of
premises of such pre-natal diagnostic centres with adequate power
to disqualify through the process of deregistration by the Medical
Council of India such unscrupulous doctors found guilty of such
misdemeanor. The provisions of the amended Act will be enforced
from a date to be notified by the Government in the Ministry of
Health and Family Welfare.
The Money Laundering
Act, 2003, which is endorsement of various international conventions
to which India is a party, seeks to declare laundering of monies
carried through serious crimes a criminal offence, working out
modalities of disclosure by financial institutions regarding reportable
transactions, confiscation of the proceeds of crime, declaring
money laundering as an extraditable offence and promoting international
cooperation in investigation of money laundering. It also seeks
to provide for reciprocal arrangement for assistance in certain
matters and procedure for attachment and confiscation of property
to facilitate transfer of funds involved in money laundering kept
outside the country and extradition of the accused person from
abroad. It also provides for setting up of Money Laundering Tribunal
and appeal arising out of the orders of the Tribunal to the Money
Laundering Appellate Tribunal and from there to the Supreme Court
of India for offences relating to money laundering. Besides, offences
under the Indian Penal Code, 1860, the Immoral Traffic (Prevention)
Act, 1956, the Arms Act, 1959, the Narcotic Drugs and Psychotropic
Substances Act, 1985 and the Prevention of Corruption Act, 1988
have been brought within the purview of the Money Laundering Act,
2003, which are deterrent and sufficient to prevent money laundering.
The Act will come into force from a date to be notified by the
Ministry of Finance.
