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.
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