Theme: Sex Selection

Sex selection includes any procedure, technique, test or administration or prescription or provision of anything to ensure or increase the probability that an embryo will be of a particular sex.(( Section 2(o), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Sex selection is illegal in India and any prenatal diagnostic procedures are only allowed in limited circumstances where a doctor would require the woman’s written consent.

Read this Government handbook by the National Health Systems Resource Centre to understand more on the law on pre-conception and pre-natal diagnostic techniques in India.

Prenatal diagnostic procedures include any gynaecological, obstetrical or medical procedures such as ultrasonography, taking or removing samples of amniotic fluid, blood or any other tissue or fluid of a person, in order to conduct any prenatal diagnostic tests for sex selection, before or after conception.(( Section 2(i), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The purpose of these procedures is to obtain material to conduct prenatal diagnostic tests to increase the chances of getting an embryo of a particular sex.

This law prohibits anyone from doing or allowing any sex selection procedures.(( Section 6, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))  It regulates every person who could be involved in the process of sex selection, including:

• The pregnant woman;
• Her husband;
• Her relatives;
• The doctor or medical professional conducting the prenatal diagnostic procedure; and
• The hospital/medical facility/laboratory where the prenatal diagnostic procedure is conducted.

The law prohibits the following activities:

Conducting sex selection

Nobody, including infertility specialists, can conduct sex selection on a woman or a man or on both, by using any tissue, embryo, conceptus, fluid or gametes derived from either or both of them.(( Section 3A, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law also prohibits anybody, including a relative or husband of a woman, from seeking or encouraging any sex selection procedures on either or both of them.(( Section 4(5), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Conducting prenatal diagnostic procedures

No place, including a registered centre, can be used by any person for conducting prenatal diagnostic procedures or tests, except for certain permitted situations.(( Section 4(1),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law also prohibits anybody, including a relative or husband of the pregnant woman, from seeking or encouraging the conduct of any prenatal diagnostic procedures or tests on her, except for certain permitted situations.(( Section 4(4),Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Determining the sex of the foetus

Nobody, including a registered centre, can conduct any prenatal diagnostic procedures for determining the sex of a foetus.(( Section 6,Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

If a sex determination procedure results in the abortion of a child, it would be a crime of foeticide.

To know more about the law on abortion, please read our explainer.

Communicating the sex of the foetus

Nobody can communicate the sex of the foetus to the pregnant woman, her relatives or any other person, by words, signs or in any other manner.(( Section 5(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Selling machines for sex determination

Nobody can sell any ultrasound machine, imaging machine, scanner, or any other equipment that can detect the sex of a foetus to anyone not registered under the law.(( Section 3B, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Advertising sex determination or sex selection facilities

Nobody can issue, publish, distribute or communicate anything online or offline about the availability of facilities of prenatal determination of sex, or sex selection, before conception.(( Section 22, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law allows the use of prenatal diagnostic procedures in certain limited circumstances.

Prenatal diagnostic procedures can be conducted to detect chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, and other abnormalities or diseases in the foetus.(( Section 4(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

To conduct such procedures to detect the above abnormalities, the written consent of the pregnant woman must be taken,(( Rule 10, Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.)) and at least one of the following conditions(( Section 4(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) must also be applicable. To conduct such procedures, it is necessary that:

• The pregnant woman is older than 35 years;
• The pregnant woman has had two or more spontaneous abortions or foetal loss;
• The pregnant woman has been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
• The pregnant woman or her spouse has a family history of mental retardation or physical deformities.

If a prenatal diagnostic procedure is conducted after meeting these conditions, the person conducting ultrasonography on the pregnant woman must keep a complete record of it in the clinic as provided under the law.(( Section 4, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994)).

Every offence under this law is cognizable, non-bailable and non-compoundable.(( Section 27, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

The law states that only Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics (registered centres) that are registered under the law can conduct permitted prenatal diagnostic procedures. No one, including medical professionals can conduct prenatal diagnostic procedures in any place other than the registered centres.

These registered centres can only employ (on payment or on an honorary basis) people who meet these minimum requirements as set out in Rule 3 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.(( Section 3, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Courts can take cognizance of an offence under the law upon receiving a complaint from:

• The Appropriate Authority for that State or Union Territory, or
• An officer authorised by the Central or State Government or the relevant Appropriate Authority; or
• Any person who has given at least 15 days’ notice in the given format to the Appropriate Authority, of the alleged offence and their intention to make a complaint to the court.(( Section 28(1), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

Some states like Delhi and Rajasthan have offered reward schemes for informants to report on breach of the law.