What does the Law say about Sex-Selection?
What is Prenatal Sex Determination?
Prenatal Sex Determination is a mechanism used to determine the sex of a foetus.
Why is it an issue in India?
Prenatal sex determination was banned in India in 1994 because of the gender discrimination it resulted in. Gender discrimination has its roots in India’s long history of strong patriarchal influence in all spheres of life.
What Laws govern Prenatal Sex Determination in International Law?
Nothing under International Law governs Prenatal Sex Determination. In fact, in many countries such as Sweden, USA and some other countries, it is not against the law to find out the sex of the fetus before birth.
What Laws govern Prenatal Sex Determination in India?
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 governs this. http://www.rajswasthya.nic.in/PCPNDT%2005.12.08/PCPNDT%20Act%20(2).pdf
What does the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 say?
The main purpose of this Act is to ban the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic technique for sex selection. By this act, the offences are listed as including the conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units, sex selection, 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 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 offences are penalized with imprisonment up to ten years, with or without fine. The Penal Code does not address the issue of sex selection
Resources:
– The Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: http://www.indg.in/social-sector/social-awareness/stop-female-infanticide/pcpndt-act-2.pdf
– FAQs on the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 www.india.unfpa.org/drive/FAQsforThe_Public.pdf
– Annual Report on the implementation of the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994: http://www.pndt.gov.in/writereaddata/mainlinkfile/file22.pdf
