TATA INSTITUTE OF SOCIAL SCIENCES
SCHOOL OF RURAL DEVELOPMENT
Declining Child Sex Ratio (CSR) is cause of concern in the development process of India. The decline in CSR is not a new phenomena, it has relevance from the past when the Indian society was governed under Patriarchal norms. Son preferences had become a remarkable feature and in verse to have a son many female feticides were done and as a result the country is going through the process of missing women. Females have always been marginalized by main stream society through various methods e.g. sati system, absence of property rights, sex ...view middle of the document...
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 preven-tion of their misuse for sex determination leading to female foeticide; and, for matters connected therewith or incidental thereto.
The act prohibits misuse of NRT which is conducted for sex determination and makes it a punishable offence. This act is basically framed on the principle of one’s fundamental right as well as human right, i.e. “Right to life” and “Right to freedom” which is engraved in our constitution. One in any circumstances doesn’t have authority to take the life of any one. Indian patriarchal society from several decades has violated the right to life of female infants. The CSR as well as Overall sex ratio (OSR) is in deficit since 1901- Violence against women over the life cycle, from womb to tomb- female infanticide, neglect of girl child in terms of health and nutrition, child marriage and repeated pregnancy taking heavy toll of girl’s lives- selective elimination of female fetuses and selection of male at a preconception. This act restores the human right of an individual to life and the freedom of women in decision making regarding the birth of her child. Some key stages that led to the formation of the act:
1976: The Centre banned sex-determination tests in government facilities.
1988: The Maharashtra Pre-Natal Diagnostic Techniques Act, followed by similar acts by the governments of Punjab, Gujarat and Haryana
1994: The Punjab Pre-Natal Diagnostic Techniques (Control & Regulation) Act
1994: The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Bill (introduced in Parliament in 1991, passed in 1994)
2003: Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002
Following are the major remedies the act provides:
1. Prohibition of sex selection, before and after conception: Sex determination and sex pre-selection, scientific techniques to be utilized only when certain genetic conditions are anticipated. NRT test helps in detecting several genetic disorders, such as Down’s Syndrome, neurotube conditions in the fetus, retarded muscular growth, ‘Rh’ incompatibility, haemophilia, and other physical and mental conditions. But increasing abuse of these technologies has increased the susceptibility of female infants. Therefore the use of these technologies has been barred except in complex situations.
2. Regulation of prenatal diagnostic techniques (e.g. amniocentesis and ultrasonography) for detection of genetic abnormalities, by restricting their use to registered institutions: The Act allows the use of these techniques only at a registered place for a specified purpose and by a qualified person, registered for this purpose.
3. Prevention of...