Earlier
this morning, Prajnya, in partnership with the Centre for Social
Policy and Strategy (www.csps.co)
and the Madras School of Social Work (MSSW, www.mssw.in),
conducted a workshop for 20 graduate students from MSSW. After the
workshop, students will carry out surveys across seven zones in the
city to assess awareness of sex determination laws and practices
among staff at diagnostic clinics.
What
Laws govern Prenatal Sex Determination in India?
The
Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994 governs Prenatal Sex Determination in India. It
was enacted to stop female foeticides and to alter the declining sex
ratio in India. The act banned prenatal sex determination.
What
does the Prenatal Diagnostic Techniques (Prohibition of Sex
Selection) Act, 1994 say?The main purpose of enacting the act is
to ban the use of sex selection techniques before or after conception
and prevent the misuse of prenatal diagnostic technique for sex
selective abortion. By this act, the offenses are listed as
including the conducting or helping in the conduct of prenatal
diagnostic technique in the unregistered units, sex selection on a
man or woman, conducting PND test for any purpose other than the one
mentioned in the act, sale, distribution, supply, renting etc. of any
ultra sound machine or any other equipment capable of detecting sex
of the foetus.
The
Act prohibits sex selection, both, before or after conception. It
regulates the use of pre-natal diagnostic techniques, like ultrasound
and amniocentesis. These methods, by this act, are allowed to be used
only to detect genetic abnormalities, metabolic disorders,
chromosomal abnormalities, certain congenital malformations,
haemoglobinopathies and sex linked disorders. By the act, no
laboratory or centre or clinic should conduct any test including
ultrasonography for the purpose of determining the sex of the foetus;
and, no person, including the one who is conducting the procedure as
per the law, will communicate the sex of the foetus to the pregnant
woman or her relatives by words, signs or any other method. Any
person who puts an advertisement for pre-natal and pre-conception sex
determination facilities in the form of a notice, circular, label,
wrapper or any document, or advertises through interior or other
media in electronic or print form or engages in any visible
representation made by means of hoarding, wall painting, signal,
light, sound, smoke or gas, can be imprisoned for up to three years
and fined Rs. 10,000.
What
does the Indian Penal Code, 1860 say?
The
Indian Penal Code does not criminalize sex selection. However, it
punishes foeticide under Sections 315 and 316. Section 315 addresses
any act done with intent to prevent a child being born alive or to
cause it to die after birth, while Section 316 addresses the causing
of the death of a quick unborn child. Both offenses are penalized
with imprisonment up to ten years, with or without fine.
A
special thanks to Kirthi Jayakumar who contributed to this article.
Kirthi is a lawyer who is specialized in Public International Law and
Human Rights. She runs a journal and consultancy that focuses on
International Law, called A38. http://www.athirtyeight.com/
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