The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

Summary of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
Key Provisions
• Prohibition of Sex Selection: The Act prohibits sex selection before or after conception and bans the communication or disclosure of the sex of the foetus to any person.
• Regulation of Diagnostic Techniques: Pre-conception and pre-natal diagnostic techniques may be used only for specified medical purposes and under the conditions prescribed by the Act.
• Registration of Centres: All genetic counselling centres, genetic laboratories, genetic clinics, ultrasound clinics, and imaging centres must be registered with the Appropriate Authority before carrying out any procedures covered by the Act.
• Appropriate Authorities: The Act provides for the appointment of Appropriate Authorities to register, monitor, inspect, investigate, suspend, or cancel the registration of centres and enforce compliance with the Act.
• Advisory Committees: Central, State, and Union Territory Supervisory Boards and Advisory Committees are constituted to oversee implementation, monitor compliance, and advise the Governments on matters relating to the Act.
• Prohibition of Advertisement: The Act prohibits advertisements relating to sex selection or facilities for sex determination and prescribes penalties for such advertisements.
• Offences and Penalties: The Act prescribes stringent penalties, including imprisonment, fines, suspension or cancellation of registration, and action against medical practitioners for contraventions such as conducting or facilitating sex selection or sex determination.
• Record Maintenance: Registered centres are required to maintain prescribed records and furnish information to the authorities, enabling effective monitoring and enforcement.

Legislative History:

The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994

Act Title The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (Originally enacted as The Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994)

Act Number 57 of 1994

Act ID (India Code) 199457

Presidential Assent Date September 20, 1994

Enforcement Date January 1, 1996

Nodal Ministry Ministry of Health and Family Welfare

Precedent & Historical Rationale

1. Combating Female Foeticide and Skewed Sex Ratios:

o With the widespread commercial availability of ultra-sonography and prenatal diagnostic techniques in the 1980s and early 1990s, these technologies began to be heavily misused for illegal sex determination, leading to a sharp rise in female foeticide and a severely declining child sex ratio in India.

2. Regulatory Vacuum in Medical Ethics:

o Pre-existing medical codes were inadequate to curb the clandestine commercial practice of sex selective abortion. A robust statutory framework was required to regulate genetic counselling centers, laboratories, and clinics, completely prohibiting pre-natal sex determination and penalizing violations.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Ministry of Health and Family Welfare to legally regulate the use of diagnostic techniques and ban any form of sex selection prior to or after conception.

• Parliamentary Passage: Introduced in Parliament, rigorously debated across both houses, and successfully passed during the Monsoon Session of 1994.

• Presidential Assent: Received Presidential Assent on September 20, 1994.

• Enforcement: Enforced on January 1, 1996.

• Source: Official Records of Parliament, India Code, and Ministry of Health and Family Welfare.