Prohibition of Sex Selection - PCPNDT Act, 1994

The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, is an act of the Parliament of India enacted to stop female foeticides and

On 22th Feb 2024, LiveLaw reported a case where a woman from Kerala approached the High Court, alleging that her husband and in-laws directed her on methods to conceive a male child. This action reportedly breaches the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act.

The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, is an act of the Parliament of India enacted to stop female foeticides and arrest the declining sex ratio in India. The main purpose of this act is to ban the use of sex selection techniques before or after conception and prevent the misuse of prenatal diagnostic technique for sex-selective abortions. Over the years, the act has been amended to tighten the loopholes and make it more effective.

Important Provisions and Sections of the PCPNDT Act 

Prohibition of Sex Selection (Chapter - 2, Section 3A & 3B)

Text of this section: 

3A. Prohibition of sex-selection- No person, including a specialist or a team of specialists in the field of infertility, shall conduct or cause to be conducted or aid in conducting by himself or by any other person, sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.

3B. Prohibition on sale of ultrasound machines, etc., to persons, laboratories, clinics, etc. not registered under the Act.- No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. 

Section 3A explicitly prohibits sex selection, both before and after conception. This means that any practice, technique, or procedure aimed at ensuring the birth of a child of a particular sex is strictly forbidden.

The prohibition covers a wide range of methods and technologies that could be used for sex selection purposes. This includes not only medical techniques but also any new methods that might be developed for determining the sex of a pre-conception embryo or a fetus during pregnancy.

The inclusion of Section 3A in the PCPNDT Act makes it clear that engaging in, facilitating, or promoting sex selection is illegal and punishable by law. This includes actions taken by medical professionals, families seeking sex selection, and anyone else involved in the process.

According to section 3B, Sale of ultrasound and similar machines is restricted - Only authorized and registered entities under the Act, such as Genetic Counselling Centres, Genetic Laboratories, and Genetic Clinics, are allowed to purchase ultrasound machines, imaging machines, scanners, or any equipment capable of determining the sex of a fetus. Selling these machines to anyone not registered under the Act is prohibited.

Chapter III (Section 4): Rules for Using Pre-Natal Diagnostic Tests

Pre-natal diagnostic tests can only be done at approved places like Genetic Counselling Centres, Labs, or Clinics, and only for specific health reasons listed below.

These tests are allowed only to find certain health issues in the baby, such as:

• Chromosome problems
• Genetic metabolic issues
• Blood disorders
• Diseases passed down through families
• Birth defects
• Any other health conditions approved by the Central Supervisory Board

Tests should only be done if:

• The pregnant woman is over 35 years old.
• She has had two or more miscarriages or lost a baby after it started to grow.
• She was exposed to something harmful during pregnancy like certain drugs, radiation, infections, or chemicals.
• There’s a history of mental or physical health issues in her family or her partner’s family.
• Any other situation approved by the Central Supervisory Board.

Doctors must keep detailed records of all tests, and any mistakes in these records are taken seriously unless the doctor can prove there was no mistake.

No one, including family members or the husband, can ask or encourage a pregnant woman to get these tests unless they are for the health issues mentioned.

It's also not allowed for anyone to ask or encourage the use of tests to choose the sex of the baby.

SECTION 5 : Written consent of pregnant woman and prohibition of communicating the sex of foetus. 

Before any pre-natal diagnostic procedures are carried out:

• a. The professional must fully inform the pregnant woman about the potential side effects and risks.
• b. Written consent must be obtained from the woman in a language she can understand, according to the required format.
• c. The woman must receive a copy of her written consent.

The sex of the fetus cannot be disclosed to the pregnant woman, her family, or anyone else, either directly or indirectly.

Sex determination is strictly forbidden from the start of this law:

• a. Facilities such as Genetic Counselling Centres, Laboratories, or Clinics are not allowed to perform or facilitate pre-natal diagnostic tests, including ultrasounds, if the purpose is to determine the fetus's sex.
• b. No individual is permitted to carry out or facilitate the use of pre-natal diagnostic tests for sex determination.
• c. It is prohibited for anyone to engage in or promote the selection of a fetus's sex, either before or after conception.

SECTION - 6 : Regulation of Genetic Counseling Centers, Laboratories, and Clinics

Section 6 of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, pertains to the regulation of genetic counseling centers, laboratories, and clinics. This section plays a crucial role in ensuring that facilities conducting pre-natal diagnostic procedures adhere to strict guidelines and standards, thereby preventing the misuse of diagnostic techniques for sex determination. Key provisions under Section 6:

6. Ban on Sex Determination: Effective immediately with this law:

•    a. Genetic Counselling Centres, Laboratories, and Clinics are forbidden from performing or facilitating pre-natal diagnostic tests, such as ultrasounds, aimed at identifying the sex of a fetus.
•    b. It is prohibited for anyone to carry out or assist in any pre-natal diagnostic tests for the purpose of sex determination.
•    c. Engaging in or promoting sex selection before or after conception is strictly prohibited.

Chapter -7, Section 22 : Offences and Penalties

Chapter VII of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, details the offences and penalties associated with the prohibition of certain activities under the Act. Section 22 specifically addresses the prohibition of advertisement relating to pre-natal determination of sex and the punishment for contravention. This section is crucial in the Act's efforts to combat sex selection and gender-biased abortions by targeting the dissemination of information that could promote or facilitate such practices.

Legal Consequences for Violations: (1) If a medical geneticist, gynecologist, registered medical practitioner, or anyone associated with a Genetic Counselling Centre, Genetic Laboratory, or Genetic Clinic breaches this Act or its rules, they face up to three years in jail and a fine up to ten thousand rupees for the first offense. Repeat offenses can lead to up to five years in jail and a fifty thousand rupees fine. 

Anyone using these services for sex selection or unauthorized prenatal diagnostics faces similar penalties: up to three years in jail and a fifty thousand rupees fine for the first offense, escalating to five years in jail and a one lakh rupees fine for subsequent offenses.

Reference: Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994