GOVERNMENT OF INDIA

MINISTRY OF HEALTH AND FAMILY WELFARE

DEPARTMENT OF FAMILY WELFARE

 

Proposed Amendments in PNDT Act 1994

 

1.                  TITLE

 

Existing Title:

The Pre-natal Diagnostic Techniques (Regulation and prevention of Misuse) Act,  1994.

 

Suggested Title: 

The Pre-Conception and Pre-Natal Sex Selection/Determination (Prohibition and Regulation) Act, 2001”

 

2.         LONG TITLE (PREAMBLE)

Existing Long Title :

                         An Act to provide for regulation of the use of pre-natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders, chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of misuse of such techniques for the purpose of prenatal sex determination leading female foeticide and for matters connected therewith or incidental thereto.

 

Suggested Long Title:

            An Act to provide for prohibition of sex selection/determination, before or after conception, and for regulation of prenatal diagnostic technique 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 and for matters connected therewith or incidental thereto.

 

CHAPTER 1

PRELIMINARY

 

            Sec 2 Definitions

3.         Add the following explanation below sub-section (d) of Section 2:-

 

“Explanation – Any place, including a mobile vehicle, where ultrasound machine (capable of determining sex of foetus)  or any other equipment for selection of sex before conception  is used shall fall within the above definition of Genetic Clinic.”

 

4.             Substitute Sub Section (g) of Section 2 with the following: -

 

“medical geneticist” includes a person who possesses a degree or diploma or certificate in genetic science in the field of pre-conception techniques/ pre-natal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining –

 

(i) any one of the medical qualifications recognized under the Indian Medical   council Act, 1956; or

(ii) a post graduate degree in biological sciences”;

 

 

5.         Add to the definitions, the following

 

In Section 2(i) and 2 (k) add “or fluid” after the word any tissue and “or  conceptus” after the word “pregnant women”

 

6.         Add the following definition

 

(o) “Sonologist/Imaging Specialist” means a person who possesses any one of the medical qualifications recognised under the Indian Medical Council Act 1956, and/or a post graduate qualification in ultrasonography/imaging technique/radiology and who is certified for performing sonography;

 

7.         Add the following definition

 

(p) “pre-conception sex selection technique” includes all medical or other scientific techniques such as sperm separation, which are used or claimed to be used for selecting the sex of the offspring before conception;

 

  

CHAPTER II

 

REGULATION OF GENETIC COUNSELING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS.

 

 

8.             Amendment of section 3:

 

Existing sub-section (1)

 

(1) no genetic counseling centre, genetic laboratory or genetic clinic unless registered under the Act shall conduct or associate with, or help in, conducting activities relating to diagnostic techniques.

 

Suggested sub-section  (1)

 

 (1) no genetic counseling centre, genetic laboratory or genetic clinic, including clinic or laboratory or centre having ultrasound machine/ imaging machine, unless registered under the Act shall conduct or associate with, or help in, conducting activities relating to diagnostic techniques

 

Justification: need to register ultra sound machines for use in prenatal diagnostic techniques.

 

9.             Existing sub-section (2)

 

 (2) no genetic counseling center, genetic laboratory or genetic clinic shall employ or cause to be employed any person who does not possess the prescribed qualifications

 

Suggested sub-section (2)

 

(2) no genetic counseling center, genetic laboratory or genetic clinic shall employ or cause to be employed or take services of  any person whether on honorary basis or on payment who does not possess the prescribed qualifications:

 

Justification: unqualified person may not be employed by the centre/ clinic/ laboratory.

 

10.       Add: 3(4) no person, including a specialist in the field of infertility shall conduct  or cause to be conducted or aid in conducting by himself or any other person, a  pre-conception sex selection technique on a woman or a man or on both or on any tissue, conceptus,  fluid or gametes derived from either or both of them.

 

Justification: Include prohibition of  pre-conception sex selection

Ref: SC order, ref to emerging technologies.

 

 

CHAPTER III

 

REGULATION OF PRENATAL DIAGNOSTIC TECHNIQUES

          

 

11.            Amendment of Section 4:

 

           Existing Sub-Section (3)

 

(3)   (3)     no prenatal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied that any of the following conditions are fulfilled namely:

( i)       age of the pregnant women is above 35 years,

(ii)    (ii)                 the pregnant women has undergone of two or more spontaneous abortions   or foetal loss;

(iii)  (iii)                the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or che4micals;

(iv)  (iv)               the pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease;

(v)   (v)                 any other condition as may be specified by the Central Supervisory Board.

 

Suggested Sub-Section (3)

           

(3)   (3)     no prenatal diagnostic techniques shall 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 conditions are fulfilled namely:                           

( i)             age of the pregnant women is above 35 years,

(ii)              the pregnant women has undergone of two or more spontaneous    abortions   or foetal loss;

(iii)  (iii)                            the pregnant woman had been exposed to potentially teratogenic    agents such as drugs, radiation, infection or che4micals;

(iv)  (iv)                           the pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease;

(v)   (v)                             any other condition as may be specified by the Central Supervisory Board.

 

 

 

12.             Existing Sub Section (4)

 

(4) no person being a relative or husband of the pregnant woman shall seek or   encourage the conduct of any pre-natal diagnostic techniques on her except for the purpose specified in the clause (2).

 

            Suggested Sub Section (4)

 

(4) no person including a relative or husband of the pregnant woman shall seek or   encourage the conduct of any pre-natal diagnostic techniques on her except for the purpose specified in the clause (2).

                       

Justification: to include people other than husband or relative

 

13.       Add: 4(5) no person, including a relative or the husband of a woman shall seek   or encourage the conduct of any pre-conception sex selection technique on her or him or both.

 

Justification: Including pre-conception sex selection

 

 

14.            Amendment of Section 5

 

Prohibition of communicating the sex of foetus:

 

Existing Sub Section (2)

 

(2) No person conducting prenatal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives the sex of the foetus by words, signs, or in any other manner.

 

            Suggested Sub Section (2)

 

(2) No person including the person conducting prenatal 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.

 

Justification: Violation of law often takes place through the agent of gynecologist/ sonologist, rather than the specialist himself / herself.

 

15.       Add Section 5(3):

 

            “5(3)             Any person conducting ultra-sound scan/test/procedure on any pregnant woman shall keep complete record of such scan/test/procedure indicating her complete name, address, husband’s name as well as name and address of the referring medical practitioner/doctor, the reasons requiring such scan/test/procedure, etc.”

 

Justification:             Due to non-maintenance of adequate records by the Clinics it is difficult to identify the purpose for which an ultra-sound test has been conducted.  The absence of such records affects enquiry.

 

16.             Amendment of Section 6

 

            Add clause (c)

 

“(c) No person shall, by whatever means, cause or allow to be caused selection of sex before conception”

 

Justification: To include pre-conception sex selection.

 

 

 

CHAPTER IV

 

CENTRAL SUPERVISORY BOARD

 

DISQUALIFICATION FOR APPOINTMENT AS MEMBERS:

 

17.            Amendment of Section 14 (f)

 

            Existing clause (f)

             

(a)   (a)     Has, in the opinion of the Central Government, been associated with the use or promotion of pre-natal diagnostic technique for determination of sex.

 

            Suggested Clause (f)

 

(f) Has, in the opinion of the Central Government, been associated with the use or promotion of pre-natal diagnostic technique for determination of sex or of any  pre-conception sex selection technique.

 

Justification: Inclusion of pre-conception sex selection technique.

 

 

18.            Amendment of Section 16

 

            Existing Clause

 

16(i) To advise the government on policy matters relating to use of prenatal  diagnostic techniques,

 

Suggested Clause

 

16(i) To advise the government on policy matters relating to use of prenatal  diagnostic techniques, pre-conception sex selection techniques and their misuse.

 

 

19.             Existing clause

 

16(ii) to review implementation of the Act and rules made thereunder and  recommend changes in the said Act and rules to the Central Government.

 

            Suggested Clause

 

16(ii)             to review and monitor implementation of the Act and rules made thereunder and recommend changes in the said Act and rules to the Central Government.

 

            Justification: To implement the direction of the Supreme Court

 

 

20.             Existing clause

 

16(iii) To create public awareness against the practice of prenatal determination of sex and female foeticide.

           

            Suggested Clause

 

16(iii)   To create public awareness against the practice of pre-conception sex selection and prenatal determination of sex leading to female foeticide.

 

Justification:    Avoid antiabortion terminology

                                    Add pre-conception sex selection

 

21.                Existing Clause

 

16(iv)             to lay down code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics

 

Suggested Clause

 

16(iv)             to lay down code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories, ultrasound/imaging authorities and Genetic Clinics

 

 

22.       Add CHAPTER  IV-A

 

“CHAPTER IV-A”

 

            Add Section 16A:

 

                        “16-A.

 

(1) Government of each State shall constitute a Board known as the State Supervisory Board which will have the following functions in respect of the areas falling under the State :

(i)           (i)                              to create public awareness against the practice of pre-conception sex selection and prenatal determination of  sex of foetus leading to female foeticide in the concerned State;

(ii)         (ii)                            to review the activities of the Appropriate Authorities functioning in the State and take appropriate action against the Appropriate Authorities, as provided in their conduct rules, in case of dereliction of duty;

(iii)       (iii)                          to monitor and review implementation of the provision of the Act and Rules in the State; and

(iv)       (iv)                           to send consolidated reports as may be required under the rules, in respect of the various activities  under this Act to the Central Supervisory Board and the Central Government.

(v)         (v)                             Any other functions as may be specified in the Act.

 

(2)   (2)      The State Supervisory Board will consist of :-

(a)               (a)                The Minister incharge of Family Welfare in the State who shall be the Chairman, ex-officio

(b)               (b)                Secretary Incharge of Department of Family Welfare who shall be the Vice-Chairman, ex-officio

(c)               (c)                Representatives of Department’s of Women and Child Development and Law

(d)               (d)                Director of Health and Family Welfare of the State Government, ex-officio

(e)               (e)                Three women members of Legislative Assembly

(f)                 (f)                  Ten members to be appointed by the State Government two each from amongst :-

(i ) eminent social scientists

(ii) eminent women activists

(iii) eminent gynaecologian & Obstetricians

(iv)              (iv)              eminent paediatrician

(v)                (v)                eminent radiologists

(h) An officer not below the rank of Joint Director  incharge of Family Welfare will be Member Secretary, ex-officio

 

Justification:  A Supervisory Board is considered necessary at the State level to review and monitor the activities of the Appropriate Authorities and to ensure that quarterly reports/returns are filed to the Central Supervisory Board correctly and timely.

 

(3) The Board shall meet at least once in six months.

                                                       CHAPTER V

 

APPROPRIATE AUTHORITY AND ADVISORY COMMITTEE

 

23.             Amendment of Section 17

 

            Existing Section 17(3)

 

17(3): The officers appointed as appropriate authorities under sub-section (1) or sub section (2) shall:

 

(a)        when appointed for the whole of the State or the Union Territory of or  above the rank of Joint Director of Health and Family Welfare, and

(b)        when appointed for any part of the state or Union Territory, of such other  rank as the state government or the central government, as the case may be, may deem fit.

 

Suggested Section 17(3)

 

17(3): The officers appointed as appropriate authorities under sub-section (1) or sub section (2) shall :

 

(a)        when appointed for the whole of the State or the Union Territory   consist of the following three members

 

(i) an officer of or above the rank of the Joint Director of Health and Family   Welfare  - Chairperson;

(ii) An eminent woman representing women’s  organization; and

             (iii)             An eminent legal expert

 

Justification: to make it more efficient with the support of women member and a legal expert

 

 

 

24.       Add the following clauses to sub-section (4) of section 17:

 

(e)        to take appropriate legal action against the use of  pre-conception sex  selection techniques by any person at any place, brought to its attention or suo moto and also to initiate independent investigations in such matters.

(f)        to create public awareness against the practice of pre conception sex   selection or pre-natal determination of sex

(g)             to supervise the implementation of the provision of the Act and Rules,

(h)         to recommend to the Central Supervisory Board modifications required in       the   Act or Rules in accordance with changes in technology or social condition.

 

Justification:    I) Define functions clearly.

                                    II) Include pre-conception sex selection.

 

 

25.       Add: Section 17A - Powers of Appropriate Authorities:

 

17-A. In processing a complaint under this Act, the Appropriate Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely: -

(a) The summoning and enforcing attendance of any person and examining him on oath or on solemn affirmation;

(b) The discovery and production of any document or material object producible as evidence;

(c) The reception of evidence on affidavits;

(d)               (d)                Issuing of any commission for the examination of any witness; and

(e)               (e)                Any other matter which may be prescribed.

 

Justification: without these powers, appropriate authority will not be able to   discharge its functions.

 

26.       Add: Sub-Section 17(6B) -  Functions of Advisory Committee

 

17(6B) The Advisory Committee shall have the following functions:

(a)   (a)    to pay surprise visits or periodic visits to centres, laboratories and clinics with a view to check compliance of the provision of Act and Rules,

(b)   (b)    to recommend to the appropriate authority cancellation or otherwise of registration of or prosecution against a centre, laboratory or clinic,

(c)   (c)    to check and prevent contravention of provision of the Act or Rules in the area of its purview,

(d)   (d)    to advise appropriate authority about implementation of the Act and creation of public awareness on the issue of the sex selection

(e)   (e)    to seize machines as may be found appropriate

 

27.             Existing Section 17(7)

 

17(7) No person, who in the opinion of the Central Government or the state government, as the case may be, has been associated with the use or promotion of prenatal diagnostic techniques for determination of sex shall be appointed as a member of the Advisory Committee.

 

Suggested Section 17(7)

 

17(7) No person, who in the opinion of the Central Government or the state government, as the case may be, has been associated with the use or promotion of prenatal diagnostic techniques for determination of sex or pre-conception sex selection shall be appointed as a member of the Advisory Committee.

 

Justification – include pre-conception sex selection

 

 

 

CHAPTER VI

 

REGISTRATION OF GENETIC COUNSELING CENTRES, GENETIC LABORATORIES AND GENETIC CLINICS

 

28.             Amendment of Section 18(1)

 

            Existing Section 18(1)

 

18(1) No person shall open any Genetic Counselling Centre, Genetic Laboratory or genetic clinics after the commencement of this Act unless such, Centre, Laboratory or Clinic is duly registered separately or jointly under this Act.

 

            Suggested Section 18(1)

 

18(1) No person shall open any Genetic Counselling Centre, Genetic Laboratory  or Genetic Clinic, including clinic, laboratory or centre having ultrasound /imaging machine/clinic  capable of undertaking determination of sex of feotus, after the commencement of this Act unless such, Centre, Laboratory or Clinic is duly registered separately or jointly under this Act.

 

Justification: Registration of ultrasound machines which have the potential .of  determining sex of the feotus.

 

 

 

 

CHAPTER VII

 

OFFENCES AND PENALTIES

 

29.             Amendment of Section 22

 

Existing Section 22(1)

 

22(1):No person, organisation, genetic counseling centre, genetic laboratory or  genetic clinic shall issue or cause to be issued any advertisement in any manner regarding facilities of pre-natal determination of sex, available at such centre, laboratory, clinic or any other place. 

 

            Suggested Section 22(1)

 

22(1):No person, organisation, genetic counseling centre, genetic laboratory or  genetic clinic, including clinic, laboratory or centre having ultrasound machine capable of undertaking determination of sex of feotus shall issue or cause to be issued any advertisement in any manner regarding facilities of pre-natal determination of sex and pre-conception sex selection available at such centre, laboratory, clinic or any other place. 

 

            Justification: To include ultrasound machines and pre-conception sex selection

 

30.             Existing Section 22(2)

 

22(2): No person or organisation shall publish or distribute or cause to be   published or distribute any advertisement in any manner regarding facilities  of pre-natal determination of sex available at any genetic counseling centre, genetic laboratory, genetic clinic or any other place.

 

            Suggested Section 22(2)

           

22(2) : No person or organisation shall publish or distribute or cause to be   published or distribute any advertisement in any manner regarding facilities  of pre-natal determination of sex and pre-conecption sex selection available at any genetic counseling centre, genetic laboratory, genetic clinic or any other place.

 

31.       Add Section 22(4):

 

            “22(4) Any person who contravenes the provisions of sub-section (3) of section 5 shall be punishable with fine which may extend to fifty thousand rupees and may also be liable to cancellation of his registration as a medical practitioner by the concerned Medical Council/ any other registering authority.”

 

  

32.        Amendment of Sub Section 23(2)

 

Existing Sub Section 23(2)

The name of the registered Medical Practioner who has been convicted by the Court under Sub-Section (1), shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including the removal of his name from the register of the Council for a period of two years for the first offence and permanently for the subsequent offence.

 

Suggested Sub Section 23(2)

 

The name of the registered Medical Practitioner who has been convicted by the Court under Sub-Section (1), shall be reported by the Appropriate Authority to the respective State Medical Council for taking necessary action including suspension of the registration for two years if the charges are framed, removal of his name from the register of the Council for a period of five years for the first offence and permanently for the subsequent offence.

 

33.             Amendment of Section 23(3)

 

            Existing Section 23(3)

 

23(3): Any person who seeks the aid of a genetic counseling centre, genetic laboratory or genetic clinic or of a medical geneticist, gynecologist or registered medical practitioner for conducting prenatal diagnostics techniques on any pregnant women (including such woman unless she was compelled to undergo such diagnostic techniques) for purposes other than those specified in clause (2) of section 4 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 an any subsequent conviction with imprisonment which may extend to five years and with fine which may extend to fifty thousand rupees.

 

            Suggested Section 23(3)

 

23(3) Any person who seeks the aid of any genetic counseling centre, genetic laboratory, genetic clinic or ultrasound/imaging clinic or of a medical geneticist, gynecologist, sonologist/ imaging specialist or registered medical practitioner for pre conception sex selection or for conducting prenatal diagnostics techniques on any pregnant women (excluding such woman) for purposes other than those specified in clause (2) of section 4 shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees and an any subsequent conviction with imprisonment which may extend to five years an with fine which may extend to one lakh  rupees.

 

 

34.             Amendment of Section 28(1)

 

            Existing Section 28(1)

           

Cognizance of offence: Sec 28 (1)

No court shall take cognizance of an offence under this, except on a complaint made by-

 

(a)   (a)     the appropriate authority concerned, or any office authorized in this behalf by the central government or state government as the case may be, or the appropriate authority or

(b)   (b)     a person who has given notice of not less than thirty days in the manner prescribed, to the appropriate authority of the alleged offence and of his intention to make a complaint to the court.

 

Explanation: for the purpose of this clause, “person” includes a social organisation.

 

            Suggested Section 28(1)

 

Cognizance of offence: Section 28 (1)

No court shall take cognizance of an offence under this, except on a complaint made by-

a.      a.        the appropriate authority concerned, or any office authorized in this behalf by the central government or state government as the case may be, or the appropriate authority or

b.      b.       a person who has given notice of not less than fifteen days in the manner prescribed, to the appropriate authority of the alleged offence and of his intention to make a complaint to the court.

 

Explanation: for the purpose of this clause, “person” includes a social organisation.

 

Justification: To curtail delay on the part of Appropriate Authority to file a complaint in  the court.

 

                                                            CHAPTER VIII

 

MISCELLANEOUS

 

35.            Existing Section 30(1)

 

Power to search, seize records etc.

 

30(1) if the appropriate authority has reason to believe that an offence under this Act has been or is being committed at any genetic counseling centre, genetic laboratory or genetic clinic, such authority or any officer authorized thereof in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officer considers necessary, such genetic counseling centre, genetic laboratory or genetic clinic and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offend punishable under this Act. 

 

 

            Suggested Section 30(1)

           

Power to search, seize records etc.

 

30(1) if the appropriate authority has reason to believe that an offence under this Act has been or is being committed at any genetic counseling centre, genetic laboratory, genetic clinic or any other place such authority or any officer authorized thereof in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officer considers necessary, such genetic counseling centre, genetic laboratory, genetic clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offend punishable under this Act. 

 

 

Justification: offence may be committed as places other than registered clinic / lab/ centre.

 

RULES

36.             Amendment of Rule 4(1):

Existing Rule 4(1)

4(1)             An application for registration shall be made to the Appropriate  Authority, in duplicate, in Form A.

 

Suggested  Rule 4(1)

4(1)             An application for registration shall be made to the Appropriate Authority, in duplicate, in Form A, duly accompanied by an Affidavit containing –

 

(i)                 (i)                                         an undertaking to the effect that the Centre/Laboratory/Clinic/ Combination thereof, as the case may be, shall not conduct any test or procedure, by whatever name called, for detection of sex of foetus nor shall the sex of  foetus be disclosed to any body;

(ii)                (ii)                                       an undertaking to the effect that the Centre/Laboratory/Clinic/ Combination thereof, as the case may be, shall not conduct any test or procedure, by whatever name called, for selection of sex before conception;

(iii)              (iii)                                     an undertaking to the effect that the Centre/Laboratory/Clinic/ Combination thereof, as the case may be, shall display prominently a notice that they do not conduct any test or procedure, by whatever name called, for detection of sex of foetus  or  for selection of sex before conception;

 

37.             Amendment to Rule 5:

Add sub-rule (3) to rule 5:

            “(3).            The fees collected by the Appropriate Authorities under these rules shall be utilized by them in connection with the activities performed under the provisions of this Act and these rules.”

 

 

38.             SCHEDULE III [See rule 3(1)] regarding requirements for registration as a  genetic clinic capable of carrying out foetal ultra-sonography will be amended as below:-

 

A.                 A.                  PLACE

Substitute the following in place of the existing requirement: -

“Any place, including a mobile vehicle, where any of the Pre-natal Diagnostic Tests/Techniques/Procedures or pre-conception selection of sex can be performed.”

 

B.                 B.                  EQUIPMENT

Add:    

“(5)      Ultrasonographic equipment and accessories capable of carrying out foetal ultrasonography.

            (6)        Ultrasound machine/Imaging machine capable of detecting sex of foetus.

(7)        Equipment and accessories for carrying out separation of X and Y               cromosoms.”

 

 

C.                C.                  EMPLOYEES

Add:

“(3)      Sonologist/Imaging Specialist/Gynaecologist with training in foetal ultrasonography   (should have performed atleast 20 procedures under supervision of a person experienced in the procedure) or a Registered medical practitioner with training & experience of atleast 100 procedures under expert in foetal ultrasonography}”

 

Statement of Objects and Reasons:

 

The prenatal 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, they 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 pre-select the sex of child before conception.  These practices are wholly discriminatory to the female sex and affect the dignity and status of women. The proliferation of these technologies may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. 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 the later for the appropriate scientific use for which they are intended.  

 

Accordingly, it is proposed to amend the Act with a view to include emerging technologies such as pre-conception sex selection and ensuring effective implementation of the Act at all levels.