The Pre-conception and Pre-natal Diagnostic Techniques Act, 1994: A Fight Against Gender Bias

In a society striving for equality, the insidious practice of sex selection casts a dark shadow. Fueled by deep-rooted patriarchal norms and a preference for male children, sex selection, both before and after conception, has led to skewed sex ratios and a multitude of social ills in India. Recognizing the gravity of this issue, the Parliament enacted the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act in 1994, later amended in 2003, to combat this discriminatory practice.

This landmark legislation, extending to the whole of India except Jammu and Kashmir, aims to prohibit sex selection and regulate the use of pre-natal diagnostic techniques. While these techniques are invaluable for detecting genetic abnormalities, metabolic disorders, chromosomal anomalies, certain congenital malformations, or sex-linked disorders, the Act seeks to prevent their misuse for the sole purpose of determining the sex of the foetus, which often leads to female foeticide.

Chapter II of the Act lays down the regulatory framework for Genetic Counselling Centres, Genetic Laboratories, and Genetic Clinics. A crucial provision mandates that these establishments cannot operate without mandatory registration under the Act. Furthermore, they are barred from employing individuals lacking the prescribed qualifications. This chapter also explicitly prohibits the use of pre-natal diagnostic techniques by medical professionals outside registered facilities and unequivocally bans sex selection by any person, including infertility specialists.

Moving forward, Chapter III delves into the permissible use of pre-natal diagnostic techniques. It clearly states that these techniques can only be employed to detect specific abnormalities and only when the person conducting the procedure is satisfied that certain conditions are met. These conditions include the pregnant woman being above thirty-five years of age, having a history of spontaneous abortions or foetal loss, or a family history of genetic diseases. Stringent record-keeping for ultrasonography on pregnant women is also mandated, reinforcing the prohibition against using these techniques for sex determination.

To oversee the implementation of this crucial legislation, Chapter IV establishes the Central Supervisory Board. This high-powered body, constituted by the Central Government, comprises a diverse range of members, including representatives from various ministries, medical experts, Members of Parliament, and representatives from states and union territories. The Board's functions are wide-ranging, from advising the government on policy matters and reviewing the Act's implementation to raising public awareness and overseeing the performance of authorities constituted under the Act.

At the operational level, Chapter V outlines the appointment and functions of the Appropriate Authorities at both the Central and State levels. These authorities are the key enforcers of the Act, responsible for granting, suspending, or cancelling registrations of genetic centers, enforcing prescribed standards, investigating complaints, and initiating legal action against those involved in sex selection. To aid the Appropriate Authorities, Advisory Committees are also constituted.

Chapter VI details the process of registration for Genetic Counselling Centres, Genetic Laboratories, and Genetic Clinics. Obtaining registration is mandatory, and the Appropriate Authority grants registration only after ensuring that the center is equipped to provide the necessary facilities and adheres to the Act's provisions. The authority also holds the power to suspend or cancel registrations in case of violations.

Finally, Chapter VII outlines the offences and penalties for contravening the Act's provisions. A significant aspect is the prohibition of any advertisement related to the pre-natal determination of sex. The Act prescribes stringent penalties, including imprisonment and fines, for those found guilty of conducting or facilitating sex selection. Notably, offences under this Act are cognizable, non-bailable, and non-compoundable, underscoring the seriousness with which the law views this crime.

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, is a vital piece of legislation in India's fight against gender bias and female foeticide. By regulating pre-natal diagnostic techniques and strictly prohibiting their misuse for sex selection, the Act aims to create a more equitable society where the birth of a girl child is celebrated. While challenges in implementation persist, the Act provides a crucial legal framework to address this deeply entrenched social problem and move towards a future where gender equality is a reality.