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Title: Discussion on the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Bill, 2002. (Bill passed)
MR. CHAIRMAN: The House will now take up item No.34 – consideration and passing of the Pre-natal Diagnostic Techniques Amendment Bill.
THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE (SHRI A. RAJA): Sir, I beg to move* :
“That the Bill further to amend the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, as passed by Rajya Sabha, be taken into consideration.”Through this Bill, I propose to bring in a legislation to make necessary amendments to the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, to bring the techniques of pre-conception sex selection, use of ultrasound machines, etc., within the purview of the Act. The proposed amendment also addresses the difficulties encountered in implementing the Act.
Sex determination techniques are used in India since 1975 primarily for the determination of genetic abnormalities. However, these techniques were widely misused to determine the sex of the foetus and subsequent abortions if the foetuses were female. In 1986, the Forum Against Sex Determination and Sex Pre-selection, a social action group based in Mumbai made a systematic attempt to initiate a campaign on this issue, pressuring the Maharashtra Government to enact the first ever law in India. The Maharashtra Pre-natal Diagnostic Techniques Act was enacted in 1988. A Central legislation, based on this very Act, namely, the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, was brought into operation from the 1st January, 1996. Rules have also been made under the Act.
* Moved with the recommendation of the President.
Under the existing Act, pre-natal diagnostic tests or procedures are followed only for the purposes of detecting genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or sex-linked diseases, subject to specified conditions. It is illegal to utilise the pre-natal diagnostic techniques for determination and disclosure of the sex of the foetus. However, the ultrasound machines were being clandestinely used for determination of the sex of the foetus of pregnant women, leading to female foeticide. This resulted in an adverse sex ratio of 927 female children to 1,000 male children in the 0-6 age group, as revealed by the results of Census, 2001.
The pre-natal diagnostic techniques like amniocentesis and sonography are useful for the detection of genetic and chromosomal disorders or genetic malformations or sex-linked disorders, etc. However, this technology is misused on a large scale for sex determination of the foetus and mostly if the foetus is found to be female, it prompts termination of the pregnancy, bringing an abrupt end to the gestation growth of the unborn child.
Simultaneously, techniques are also being developed and refined to select the sex of the child prior to conception. The use of technology for this purpose is wholly discriminatory to the female sex and impacts the status and dignity of women. Large scale dissemination of these technologies may in future precipitate a severe imbalance in the male-female ratio.
Accordingly, it has become necessary to enact and implement a legislation that would ban the use of both sex-selection techniques prior to conception as well as misuse of pre-natal diagnostic techniques for sex-selective abortions. The use of these techniques needs to be regulated for the appropriate scientific use for which they are intended. It is proposed to ban more explicitly the use of ultrasound machines for detection of the sex of the foetus of pregnant women and to contain the menace of the female foeticide, so that the sex ratio could be improved in view of the adverse male-female ratio in the country, particularly among the children in the 0-6 age group.
The hon. Supreme Court has directed the strict implementation of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994. The hon. Supreme Court has further directed amending the PNDT Act, keeping in view the emerging technologies and difficulties encountered in the implementation of the Act.
In terms of the directions of the hon. Supreme Court and the experience gained in the implementation of the PNDT Act, the Central Supervisory Board constituted under the Act has suggested certain amendments to the Act. It is, therefore, proposed to amend Sections 1 to 7, 14 to 18, 22 to 24, 28 and 30 to 31 of this Act. The important amendments include bringing : Pre-conception selection of sex within the purview of the Act; Use of ultrasound machines more explicitly so as to curb their misuse; Sale of ultrasound machines or imaging machines to the bodies which are registered under the Act; Introduction of State-level supervisory Board on the lines of Central Supervisory Board for monitoring the implementation of the Act; Constitution of a multi-member State-level Appropriate Authority for better implementation; Making punishment more stringent so that they serve as a deterrent and minimise violation; Conferring more powers to Appropriate Authorities giving powers to them for search and seizure making mandatory the maintenance of records in respect of ultrasound machines and other equipment capable of detection of sex of foetus within the purview of the Act.Keeping in view these amendments, new definitions and explanations have also been added in different sections of the Act.
It is also proposed to change the title of the Act to “The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act” so that the general public, para-medical and medical personnel comprehend the purpose and message of the Act from reading the title of the Act itself. The experience has shown that persons violating the provisions of the Act escape unpunished because of the collusion between the doctor and the person wanting the conducting of the test.
For these reasons, the proposal is mooted to amend Sections 1 to 7, 14 to 18, 22 to 24, 28 and 30 to 31 of the Act and introducing new sub-sections in the existing Sections, adding new definitions and explanations.
Therefore, Sir, I move that the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Bill, 2002, as passed by Rajya Sabha, be taken into consideration.
“That the Bill further to amend the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, as passed by Rajya Sabha, be taken into consideration.”We have two small Bills to be passed today. So, I request the speakers particularly to be brief so that both the Bills can be passed quickly and maximum time can be given for the discussion under Rule 193 which is a very important subject which will be discussed today. Shri Priya Ranjan Dasmunsi to speak now.
(RAIGANJ): Sir, I will be very brief because my colleague Shri Jagmeet Singh Brar will speak for five minutes.
श्री लाल बिहारी तिवारी (पूर्वी दिल्ली):सर, मैटर्स अंडर रूल ३७७ का क्या हुआ ?
सभापति महोदय : वे सभापटल पर रख दिये गये हैं।
SHRI PRIYA RANJAN DASMUNSI : Sir, we are fully supporting this Bill brought by the hon. Minister and our Party is in full agreement with the objects and reasons for which the Bill is brought. It is a matter of great shame to us that in the civilised India, mostly among the educated people, we are misusing the provisions of the Act. It is we who feel that the birth of a girl-child is a crime or is a shame to a family. It is unfortunate in the civilised India.
I came to know only recently that the growth of population of the girl-child in the entire North-Eastern States, Haryana and Punjab is going down beyond proportion. I am not saying that it is because of this thing. But if it is not implemented rigorously, as the hon. Minister has stated, I am afraid the concept of motherhood will be destroyed. We always call our country as the motherland. We believe first in mother. Now the concept of the very motherhood is being destroyed by ourselves. I am sorry to say that it is not being done mostly by the people who are not sufficiently knowledgeable and literate but it is being done by the literate people in most of the families.
Therefore, we fully support this Bill. We desire and urge upon the Government to implement and execute it not only within the text of the Bill but by a positive motivation campaign by media, television, documentaries, etc. so that there is an awareness in the country not to do this kind of crime and not to kill the motherhood and thereby provide an assault on the entire womanhood of the nation.
We, therefore, feel that this Bill is just and proper and we support the Bill.
DR. A.D.K. JAYASEELAN (TIRUCHENDUR): On behalf of DMK Party, I support this Bill. Actually, our dynamic leader Dr. Kalaignar Karunanidhi is supporting this Bill. There is a growing menace of female foeticide and misuse of ultrasound machines. Such practices are unjust, unethical and illegal. It is being considered by some as mother of all crimes. The foetal sex determination by misuse of ultrasound machine has become very common in our country due to various reasons. Actually, if the high rate of abortion of foetus carrying a female child continues, the consequence will be that there will be a greater demographic imbalance in our country. So, I welcome this measure.
As our friend said, we worship the women folk as mothers and goddesses, but because of the social evils that our system and other systems have, we want to have only boys and not girls. It has resulted in decline of sex ratio in 0-6 age group. According to 1991 Census, there were 944 girls per 1,000 boys. Now it has declined to 927 girls per 1,000 boys. If it continues like this, it will create a great chaos and confusion in the society. For marriage, a person has to seek a bride and if there are only 900 girls per 1,000 boys, what will they do? They will have to fight for the bride. It will create a real confusion and problem in the society itself. I think, some people will have to remain as sanyasis or unmarried. It will be an unfortunate situation that may emerge.
In the 1994 Act, only Central Advisory Committee was constituted. Now, in this Bill of 2002, Central and State Committees are proposed to be constituted. We welcome this measure. I would suggest that this must be done at the district and block level also and such committees must be constituted at the district and block levels so as to have a wider perspective and wider scope. It must reach the grass-root level. Only then, it will be very effective. We have all the plans at the higher level. They do not reach the people. Actually, there must be a holistic approach.
At various levels – medical, legal and most importantly social one – the status of women must be improved. There must be political will for empowerment of women. The founders of Dravidian Movement and a social reformer, Shri Thanthai E.V.R. Periyar fought for the empowerment of women. It was followed by his follower and the founder of DMK Party, Shri Arignar C.N. Annadurai. Our dynamic leader and former Chief Minister of Tamil Nadu, Dr. Kalaignar Karunanidhi made a historic legislation by providing equal rights to property to women in 1989. To further the process of empowerment of women, our DMK Government implemented 33 per cent reservation for women in local bodies. This can be followed by other State Governments also to empower the women. The solution of the problem is to empower the women. I really congratulate the Minister and I fully support this Bill.