Know the Law - PCPNDT Act

India is not known for its high standard of gender equality. A standing example is the prevalence of rampant female foeticide throughout the country. The implementation of the PCPNDT Act (Pre-Conception and Pre-Natal Diagnostic Techniques Act) is another way to try and placate the radical scenario with respect to female foeticide. This Act tries to control the misuse of sex determination techniques. Its the irony of ironies that one on hand we are technologically moving ahead but on the other we are grossly misusing the technology to not give a child the basic right, a chance to live. The use of technology to such perverse measures does not really speak highly of the Indian mentality with regards to the girl child.

The statistics are also a cause for concern.
YEAR - SEX RATIO
Females per 1,000 males
1901 - 972
1911 - 964
1921 - 955
1931 - 950
1941 - 945
1951 - 946
1961 - 941
1971 - 930
1981 - 934
1991 - 927
2001 - 933
Source: Census of India, 2001.

If we are to take a look at the census report we would agree with the serious issues raised by raised by the Supreme Court in CEHAT Vs Union of India.

The Supreme Court, taking a serious view of the onslaught of sex-selective discriminatory practices by the medical fraternity, and the connection it may have with the use of pre-natal sex determination, directed the Centre to implement the PC & PNDT Act in all its aspects. The order came following a public interest petition filed by the centre for the Enquiry of Health and Allied Themes (CEHAT), the Mahila Sarvangeen Utkarsh Mandal (MASUM) and Dr. Sabu George, who had done extensive research in this area.

Salient Features of the Act:

The Act provides for prohibition of the technique for sex determination of the foetus, prohibits the advertising of the technique and also provides for regulation of the technique including penalties for offending parties.
The exceptional circumstances for the usage of the technique includes:
detection of any of the following abnormalities, namely:—
(i) chromosomal abnormalities;
(ii) genetic metabolic diseases;
(iii) haemoglobinopathies;
(iv) sex-linked genetic diseases;
(v) congenital anomalies;
(vi) any other abnormalities or diseases as may be specified by the Central Supervisory Board;

any of the following conditions are to be fulfilled, namely:—

(i) age of the pregnant woman is above thirty-five years;
(ii) the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
(iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs,
radiation, infection or chemicals;
(iv) the pregnant woman or her spouse has a family history of mental retardation or physical
deformities such as, spasticity or any other genetic disease;
(v) any other condition as may be specified by the Central Supervisory Board;

Section 5 of the Act also insists on the importance of women’s written consent. Section 24 lays down that unless the contrary is proved the court shall presume that a pregnant woman was compelled by her husband or relatives to undergo the test and such person shall be held for abetment of the offence.

The Act also provides that the Genetic counselling centres and clinics will be registered under the Act and will be under the scanner. The Central Supervisory Board will advice and aid in implementation of policy matters with regards to the Act. There is also an Advisory Board in place to facilitate smooth functioning of the Act. The offences under this Act are non-bailable, non-compoundable and cognizable.
It is very sad indeed that the unprotected so-called burdensome girl child needs a legislation to protect every human’s basic right- the right to live. Is this a mark of civilization is the question every Indian should be asking.

In the news: Legislation with respect to sex selection

Make laws against pre-natal sex selection more stringent: Vyas

Tue, Oct 12 04:06 PM

New Delhi, Oct 12 (PTI) The national commissions for women and human rights today voiced serious concern over the decline in ratio of girls to boys and suggested making laws more stringent to check pre-natal sex selection and female foeticide in the country. "Sex ratio is declining in the country every year due to female foeticide.

We had suggested certain amendments in the Pre-conception and Pre-natal Diagnostic Techniques (prohibition of sex selection) Act, 1994, three years ago but nothing has so far been done.

The Act should be more stringent," Chairperson of National Commission for Women Girija Vyas said. She was addressing a conference organised jointly by National Human Rights Commission and National Commission for Women on ''Pre-natal sex selection in India:Issues, Concerns and action''.

Vyas noted that "abortion is allowed in extraordinary situation but there is no such distinction (in practice). Not a single state, even Kerala, is spared (where incidents of female foeticide do not occur).

" Practice of female foeticide is still continuing in many states including several districts of Punjab, Haryana, Gujarat and Rajasthan. None of the health clinics have been found to be "upto the mark" even in the national capital, she said.

Addresing the conference, NHRC chairperson Justice K G Balakrishnan lamented that there is no law in the country to address the basic regulatory requirements for opening a hospital. "Unfortunately in India, there are no effective provision for opening a clinic, a health centre, even a hospital.

There is no law to address the basic things, fundamental (regulatory) requirements for opening a hospital," he said.

Tamil Nadu Girl Child Protection Scheme

Girl Child Protection Scheme in Tamil Nadu: An Appraisal

Sharada Srinivasan , Arjun S Bedi

Economic and Political Weekly, VOL 44 No. 48 November 28 - December 04, 2009

The Girl Child Protection Scheme in Tamil Nadu was introduced in 1992; surveys and data analysis show that between the late 1990s and 2002-03, daughter elimination has declined sharply. However, a close look at the scheme reveals that its implementation is not targeted at districts with a high prevalence of female infanticide, that it assumes only poor families are anti-daughters, and given the sterilisation condition, that families with only daughters and strong son preference are not likely to volunteer. Also, to what extent it has altered attitudes towards daughters – one of its aims – is unclear.

(Limited access to full-text at http://epw.in/epw/uploads/articles/14181.pdf)

HT Article: Sex selection just a mouse click away

 Sanchita Sharma, Sex selection just a mouse click away, Hindustan Times, November 20, 2009.

 “Select your baby’s gender at will in 3 simple steps with 94% accuracy”: that’s not a furtive sign at a shady clinic but what you get when you type ‘gender selection clinics’ on the Yahoo search engine.


Popular Internet portals Google and Yahoo are breaking Indian laws by carrying ads of sex selection clinics.

India’s Pre-Natal Diagnostic Techniques (PNDT) Act, 2002 bans the use of technology (ultrasounds and sonograms) for and advertising of sex selection that lead to foeticide (sex-selective abortion).

According to the United Nations Population Fund, the natural sex ratio at birth is 940-950 girls per 1,000 boys. Easy access to diagnostic technology has led to India’s sex ratio falling from 945 in 1991 to 927 in 2001.

“Indian law bans advertisements and sponsored links related to sex selection facilities on any web page that can be accessed in India. It does not matter where the server or the clinic being advertised is. If an ad can be seen by opening a web page in India, it is banned,” said Supreme Court lawyer A. Shenoy.

Representatives of portals, however, say the Act only bans the advertisement of such facilities in India. Since there is no ban on writing about them, search results can’t be monitored as it may block educational and academic content.

Google advertising policy states “advertising is not permitted for the promotion of pre-natal gender determination or pre-conception sex selection when targeting ads to India”. But its search portal carries ads of clinics in other countries.

“In India, we don’t allow ads for the promotion of pre-natal gender determination or preconception sex selection,” a Google India statement said.

“Yahoo! operates a global business and abides by relevant local laws and regulations,” its official spokesperson said.

“These portals break the law in India and get paid for it,” said Sabu George, an activist for the girl child.

Prajnya 16 Days Campaign Foeticide Project Launch

We welcome you to browse and contribute to Prajnya's new project, Celebrating Fathers and Daughters, an interactive anthology that celebrates daughters and fathers who value them.