Sex choice is an act of distinguishing the sex of the baby and disposal of the foetus assuming it is of the undesirable sex which increases the problem of gender discrimination in India. Social discrimination against girl child and an inclination for son have increased female foeticide in different structures slanting the sex proportion of the country towards men. In order, to stop this, there came an act PCPNDT Act:
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act to stop female foeticides and capture the declining sex proportion in India. The act restricted pre-birth sex assurance. Each genetic advising centre, genetic research facility or genetic centre occupied with guiding or leading pre-natal diagnostics procedures, as in-vitro fertilization (IVF) with the capability of sex determination (Preimplantation genetic analysis) when conception goes under see of the PCPNDT Act and are prohibited.
Objective of the Act
The principle agenda behind this act is to ban the use of sex choice techniques after conception and forestall the abuse of prenatal diagnostic strategy for sex choice abortions.
Important elements of the Act
A sign in an Indian medical clinic expressing that pre-birth sex assurance is a wrongdoing.
Offenses under this act include conducting and helping in pre-natal indicative procedure in the unregistered units, sex determination on a man or lady, directing PND test for any reason other than the one referenced in the act, sale, distribution, supply, renting and so forth of any ultra sound machine or some other hardware fit for recognizing sex of the foetus.
Important provisions of act are
The Act accommodates the denial of sex choice, previously or after conception.
It controls the use of pre-natal analytic methods, similar to ultrasound and amniocentesis by permitting them their use just to distinguish :
- genetic anomalies
- metabolic issues
- chromosomal irregularities
- certain inborn deformities
- sex connected issues.
No research facility or centre will direct any test including ultrasonography to decide the sex of the baby.
No individual, including the person who is leading the system according to the law, will impart the sex of the baby to the pregnant lady or her family members by words, signs or some other technique.
Any individual who puts a notice for pre-natal and pre-conception sex assurance as a notification, circular, label, wrapper or any record, or promotes through inside or different media in electronic or print structure or takes part in any apparent portrayal made through hoarding, wall painting, signal, light, sound, smoke or gas, can be detained for as long as three years and fined Rs. 10,000.
The Act orders necessary registration of every single indicative research facility, all genetic directing centres, genetic labs, genetic centres and ultrasound facilities.
Amendment in 2003
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PNDT), was changed in 2003 to The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act (PCPNDT Act) to work on the guideline of the innovation utilized in sex choice.
Implications of the amendment are
Amendment of the act essentially covered bringing the strategy of pre conception sex determination inside the ambit of the act
Bringing ultrasound inside its ambit
Empower the central supervisory board, constitution of state level administrative board
Arrangement for more severe punishments
Empowering specialists with the power of civil court for search, seizure and fixing the machines and supplies of the violators
Managing the sale of the ultrasound machines just to registered bodies