Law > Medical Jurisprudence > The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act
Female Foeticide:
Sex selection is any act of identifying the sex of the foetus and elimination of the foetus if it is of the unwanted sex. It is heavily biased against the female sex. Amniocentesis is the process used for determination of sex of the foetus. Amniocentesis is a procedure in which a small amount of amniotic fluid is removed from the uterus for testing or for treatment. Amniotic fluid is the fluid that surrounds and protects the baby during pregnancy. The fluid contains foetal cell and various chemicals produced by the baby and can be used to determine the sex of the unborn baby.
Female foeticide is the procedure of abortion to terminate female foetus from the womb of the mother before taking birth after the sex recognition tests like an ultrasound scan. Reasons for female foeticide can be attributed to the following
- Patrilineal line of succession
- Dowry system, violence against women
- Low status of women
- Preference for son due to financial security
- Small family norm
- Religious and social taboos
- Misuse of diagnostic techniques.
Impact of Female Foeticide:
Sex ratio denotes the ratio of females to males in a specific region. As per the decennial Indian census, Sex Ratio of India is 107.48. It means 107.48 males per 100 females in 2019.
Objects of PCPNDT Act:
The objects of the Act are as follows:
- To ensure the implementation of all promotional schemes for girl children at the district level.
- Monitoring and evaluation of the implementation of the PCPNDT Act through community participation.
- Ensure accountability of implementing agencies through monitoring implementation of the Act through community participation.
- Tracking pregnancies, MTPs, and birth registration with the help of Anganwadi workers, ASHAs.
- Identifying violators of the Act through conducting detailed audits of form ‘F’ filled in for the pregnant women in the clinics.
- Develop a national, state, and district annual Plan.
Salient Features of the PCPNDT Act:
The salient features of the Act are as follows:
- The pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act was enacted by the parliament on 20th September, 1994 and is applicable to the whole of India.
- The Act provides for the prohibition of sex selection, before or after conception.
- It regulates the use of pre-natal diagnostic techniques, like ultrasound and amniocentesis by allowing them their use only to detect: Genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations, haemoglobinopathies and sex-linked disorders.
- No laboratory or centre or clinic will conduct any test including ultrasonography for the purpose of determining the sex of the foetus.
- 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 the 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.
Important Definitions Under the PCPNDT Act:
- Embryo: According to Section 2(bb), “embryo” means a developing human organism after fertilization till the end of eight weeks (fifty-six days).
- Foetus: According to Section 2(bc), “foetus” means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation (excluding any time in which its development
has been suspended) and ending at the birth. - Conceptus: According to Section 2(ba), “conceptus” means any product of conception at any stage of development from fertilization until birth including extra embryonic membranes as well as the embryo or foetus. The period of conception is divided into two parts by the Act. From the time of conception till the end of fifty-six days, the developing human being is called embryo and from the fifty-seventh day onwards untill the child is born is called foetus.
- Genetic Counseling Centre: According to Section 2 (c), “Genetic Counseling Centre” means an institute, hospital, nursing home or any place, by whatever name called, which provides for genetic counselling to patients.
- Genetic Clinic: According to Section 2 (d), “Genetic Clinic” means a clinic, institute, hospital, nursing home or any place, by whatever name called, which is used for conducting pre-natal diagnostic procedures.
- Genetic Laboratory: According to Section 2 (e), “Genetic Laboratory” means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for pre-natal diagnostic test
- Pre-natal Diagnostic Procedures: According to Section 2 (i), “pre-natal diagnostic procedures” means all gynaecological or obstetrical or medical procedures such as ultrasonography, foetoscopy, taking or removing samples of amniotic fluid, chorionic villi, blood or any other tissue or fluid of a man, or of a woman for being sent to a Genetic Laboratory or Genetic Clinic for conducting any type of analysis or pre-natal diagnostic tests for selection of sex before or after conception.
- Pre-natal Diagnostic Techniques: According to Section 2 (j), “pre-natal diagnostic techniques” includes all pre-natal diagnostic procedures and pre-natal diagnostic tests.
- Pre-natal Diagnostic Test: According to Section 2 (k), “pre-natal diagnostic test” means ultrasonography or any test or analysis of amniotic fluid, chorionic villi, blood or any tissue or fluid of a pregnant woman or conceptus conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobinopathies or sex-linked diseases
- Sex Selection: According to Section 2 (o), “sex selection” includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex
Situations Which Allow the Conduct of Pre-natal Diagnostic Techniques:
According to Section 4(2) of the Act, no pre-natal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely:
- Chromosomal Abnormalities
- Genetic Metabolic Diseases
- Haemoglobinopathies
- Sex-Linked Genetic Diseases
- Congenital Anomalies
- Any Other Abnormalities or diseases as may be specified by the Central Supervisory Board
Conditions to be Fulfilled for the Conduction of Pre-natal Diagnostic Techniques:
According to Section 4(3) of the Act, no pre-natal diagnostic techniques can be used or conducted unless the person qualified to do so is satisfied, for reasons to be recorded in writing, that any of the following five condition is fulfilled, namely:
- age of the pregnant woman is above thirty-five years;
- the pregnant woman has undergone of two or more spontaneous abortions or foetal loss;
- the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
- the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease;
- any other condition as may be specified by the Central Supervisory Board;
Written Consent from Pregnant Woman and Non-Communication of the Sex of Foetus:
According to Section 5(1) of the Act, no person referred to in clause (2) of section 3 shall conduct the pre-natal diagnostic procedures unless— NDT Act, 1994 & Amendments
(a) he has explained all known side and after effects of such procedures to the pregnant woman concerned;
(b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to the pregnant woman.
According to Section 5(2) of the Act, no person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs or in any other manner.
Prohibition of Determination of Sex:
According to Section 6 of the Act,
(a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus;
(b) no person shall conduct or cause to be conducted any pre-natal diagnostic techniques including ultrasonography for the purpose of determining the sex of a foetus;
(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or after conception.
Central Supervisory Board:
State Supervisory Boards:
Advisory Committees:
Appropriate Authority: