Pre-Conception And Pre-Natal Diagnostic Techniques (Prohibition Of Sex Selection) Act 1994
Act No. 57 Of 1994
Statement of Objects and Reasons :
It is proposed to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. Such abuse of techniques is discriminatory against the female sex and affects the dignity and status of women. A legislation is required to regulate the use of such techniques and to provide deterrent punishment to stop such inhuman act.
(2) The Bill, inter alia, provides for:-
(i) prohibition of the misuse of pre-natal diagnostic techniques for determination of sex of foetus, leading to female foeticide;
(ii) prohibition of advertisement of pre-natal diagnostic techniques for detection or determination of sex;
(iii) permission and regulation of the use of pre-natal diagnostic techniques for the purpose of detection of specific genetic abnormalities or disorders;
(iv) permitting the use of such techniques only under certain conditions by the registered institutions; and
(v) punishment for violation of the provisions of the proposed legislation.
Amendment Act 32 of 2001-Statement of Objects and Reasons :
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 and the Rules framed thereunder came into force with effect from 1st January, 1996. The Act provides for regulation of the use of pre-natal diagnostic techniques for detecting genetic or metabolic disorders, chromosomal abnormalities, certain congenital malformations of sex linked disorders and for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide, and for matters connected therewith or incidental thereto.
2. A Central Supervisory Board has been constituted under section 7 of the Act which includes three women Members of Parliament. At present, there is no provision in the Act for deemed termination of membership of a Member of Parliament on her subsequent appointment as a Minister or Minister of State or Deputy Minister or the Speaker or Deputy Speaker, Lok Sabha or Deputy Chairman, Rajya Sabha. It is proposed to provide that consequent upon a Member of Parliament becoming a Minister or Minister of State or Deputy Minister or the Speaker or Deputy Speaker of the House of the People, or the Deputy Chairman of the Council of States, her membership of that body shall stand terminated.
3. The Bill seeks to achieve the above object by amending the relevant provisions of the Act.
Amendment Act 14 of 2003-Statement of Objects and Reasons :
The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 seeks to prohibit pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. During recent years, certain inadequacies and practical difficulties in the administration of the said Act have come to the notice of the Government, which has necessitated amendments in the said Act.
2. The pre-natal diagnostic techniques like amniocentesis and sonography are useful for the detection of genetic or chromosomal disorders or congenital malformations or sex linked disorders, etc. However, the amniocentesis and sonography are being used on a large scale to detect the sex of the foetus and to terminate the pregnancy of the unborn child if found to be female. Techniques are also being developed to select the sex of child before conception. These practices and techniques are considered discriminatory to the female sex and not conducive to the dignity of the women.
3. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. It is, therefore, necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society.
4. Accordingly, it is proposed to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended.
5. The Bill seeks to achieve the aforesaid objects.
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1.[An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female foeticide and for matters connected therewith or incidental thereto.]
Be it enacted by Parliament in the Forty-fifth Year of Republic of India as follows:
Chapter I :
Preliminary :
Section 1 :
Short title, extent and commencement :
(1) This Act may be called 2.[The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994.
(2) It shall extend to the whole of India.3.[***]
(3) It shall come into force on such 4.[date] as the Central Government may, by notification in the Official Gazette, appoint.
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1. Substituted for long title by Act 14 of 2003, Section 2 (w.e.f. 14.2.2003).
2. Substituted for “The Pre-Natal Diagnostic Techniques(Regulation And Prevention Of Misuse)” by Act 14 of 2003, Section 3 (w.e.f. 14.2.2003).
3. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, section 95 and the Fifth Schedule (w.e.f. 31-10-2019).
4. 1st January, 1996, vide notification No. S.O. 990, dated 21st December, 1995, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
