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Where are we Heading? Dr. Anita Mehndiratta Formerly I/C PP unit, GTB Hospital, Delhi D enial to a girl child her right to live either before being born or after her birth is the most heinous crime being committed by the society. It is proposed to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. The PNDT Act, 1994 inter alia provides for Predominantly patriarchal society and patrilineal social structure makes male a precious commodity and gives women a subordinate status. Subjugated position of women makes them vulnerable to domestic violence, rape, sexual abuse, dowry harassment, immoral trafficking and in most pernicious form female foeticide or female infanticide. 1. Prohibition of the misuse of pre-natal diagnostic techniques for determination of sex of foetus leading to female foeticide; Prior to the advent of various technological advances (ultrasound, preconception selection techniques) female infanticide was very much rampant in India but with advanced methods and techniques being available, all levels of social strata are using these methods for female foeticide leading to alarmingly low sex ratio in India (940 females per thousand males according to Census of India2011). 2. Prohibition of advertise- Dr. Anita Mehndiratta ment of pre-natal diagnostic techniques for detection or determination of sex; 3. Permission and regulation of the use of pre-natal diagnostic techniques for the purpose of detection of specific genetic abnormalities or disorders; 4. Permitting the use of such techniques under certain conditions by the registered institutions; and The family and the client desirous of knowing the sex, diagnostics provided by genetic clinics (ultrasound, preconception selection techniques) and the professionals offering termination of pregnancy collude and are equally responsible for female foeticide. 5. Punishment for violation of the provisions of the proposed legislation. Offences and penalties under the Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act include: The government was helpless as there were no effective laws to curb this menace. But after relentless effort of activists and the siren of alarming fall of sex ratio led government to enact the law PNDT (Regulation and Prevention of Misuse) Act on 20th September 1994 which came into force in 1996. The Act was later amended on 14th February 2003 to be known as The Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act. (1) Any medical geneticist, gynaecologist, registered medical practitioner or any person, who owns a Genetic Counselling Centre, a Genetic Laboratory or a Genetic Clinic or is employed in such a Centre, Laboratory or Clinic and renders his professional or technical services to or at such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this Act or rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment which may extend to five years First Census of India (1921) had sex ratio 976 which has fallen to 940 in last Census (2011). The Act is a detailed technological and legal document (available on www.pndt.gov.in) for the benefit of consumers as well as professionals. 28