Indian Bare Acts

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Year : 2002

After section 3 of the principal Act, the following sections shall be inserted, namely:-

"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 cither or both of them.

3B. Prohibition on sale of ultrasound machine, 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 the foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act".

In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:-

(3) no prenatal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled, namely:-

(i) Age of the pregnant woman is above thirty-five years;

(ii) The pregnant woman has undergone two or more spontaneous abortions or foetal loss;

(iii) The pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;

(iv) The pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease;

(v) Any other condition as may be specified by the Board:

Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography;

(4) No person including a relative or husband of the pregnant woman shall seek or encourage the conduct of any prenatal diagnostic techniques on her except for the purposes specified in clause (2);

(5) No person including a relative or husband of a woman shall seek or encourage the conduct of any sex selection technique on her or him or both.".

In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) No person including the person conducting prenatal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner.".

Last updated on August, 2016

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