Lok Sabha Question No. 3422 (UNSTARRED), answered on 2016-08-05
Subject: Sex Determination Tests
Ministry: HEALTH AND FAMILY WELFARE
Asked by: MANSUKHBHAI DHANJIBHAI VASAVA, HARISHCHANDRA DEORAM CHAVAN

## GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE DEPARTMENT OF HEALTH AND FAMILY WELFARE

## LOK SABHA UNSTARRED  QUESTION NO. 3422 TO BE ANSWERED ON 5 TH AUGUST, 2016

## SEX DETERMINATION TE STS

## 3422. SHRI MANSUKHBHAI DHANJIBHAI VASAVA: SHRI HARISHCHANDRA CHAVAN:

Will the Minister of HEALTH AND FAMILY WELFARE be pleased to state:

- (a)  whether  the  Government  has formulated  any  guidelines/legislation  to check/curb  the  sex determination tests;
- (b) if so, the details and salient features ther of;
- (c)  whether  pre - natal  sex  determination tests  are  being  conducted  regardless  of  the above regulations;
- (d) if so, the number of such cases reported along with the action taken against the erring doctors during the last two years and the current year, State/UT - wise; and
- (e) the corrective steps taken by the Government to strictly enforce the regulation against sex determination tests?

## ANSWER THE MINISTER OF STATE IN THE MINISTRY OF HEALTH AND FAMILY WELFARE ( SMT. ANUPRIYA PATEL )

- (a) & (b): The  Government  has  enacted  the  Pre -conception  and  Pre - natal  Diagnostic Techniques  (Prohibition of Sex Selection) Act,  1994 to prohibit pre -conception and pre - natal diagnostic techniques for determination of sex of the foetus leading to female foeticide the following objectives:
- I. prohibition of the misuse of pre - natal diagnostic techniques for determination of sex of foetus, leading to female foeticide
- II. prohibition  of  advertisement  of  pre - natal  diagnostic  techniques for  detection  or determination of sex;
- III. permission and regulation of the use of pre - natal diagnostic techniques for the purpose of detection of specified genetic abnormalities or disorders;
- IV. permitting  the  use  of  such  techniques  only  under  certain  conditions  by  the  regi institutions; and
- V. punishment for violation of the provisions of the proposed legislation.

(c) & (d): The regulation for prohibiting pre - natal sex determination test is the PC & PNDT Act, 1994 and Rules framed thereunder. The Act like other regulatory acts provides a fram by which offences can be defined, punishment prescribed, along with exceptions if any an specifies the authorities competent to take cognizance and t o implement the Act. Without this framework,  sex  selection  and  sex  determination  would  not  have  been  offences,  and consequent action including even taking of cognizance and subsequent conviction would h been possible.  Because of the Act and Rules fr amed thereunder, 2296 cases have been filed, 350 convictions have been secured and 100 medical registrations have cancelled. That all thes been  secured  through  strong  implementation  of  the  Act/Rules.  The  legislation  has  acted deterrent  and  creat ed  much  awareness  in  society  on  the  worsening  Child  Sex  Ratio  and  its adverse impact. The Act has served dual purpose -as a framework and as a social deterrent for crime against girl child. Under this regulation cognizance has to be taken for contrave n of any of the provisions of the Act and Rules unless contrary is proved by the person cond ultrasonography  on  a  pregnant  women.  The  information  related  to  number  of  pre - natal  sex determination tests conducted in a year is not maintained at the Cent ral level. However, total number of cases registered for the violation of PC & PNDT Act/Rules and convictions sec so far is given at Annexure -I.

(e): Besides  the  enactment  of  the  PC&PNDT  Act,  1994,  multi - pronged  strategy  entailing schemes and progr ammes and awareness generation/advocacy measures have been adopted to build a positive environment for the girl child through gender sensitive policies, provi legislation. The details of important measures are enclosed in Annexure -II.

## Annexure-I

## Cases Registered under PC & PNDT Act, 1994 as on March 2016

| S. No.   | States/ UTs          |   No. of on- going Court / Police Cases |   Convictions |   Medical licenses cancelled/ suspended |
|----------|----------------------|-----------------------------------------|---------------|-----------------------------------------|
| 1        | Andhra Pradesh       |                                      12 |             0 |                                       0 |
| 2        | Arunachal Pradesh    |                                       4 |             0 |                                       0 |
| 3        | Assam                |                                       5 |             0 |                                       0 |
| 4        | Bihar                |                                     129 |             1 |                                       0 |
| 5        | Chhattisgarh         |                                       9 |             0 |                                       0 |
| 6        | Goa                  |                                       1 |             0 |                                       0 |
| 7        | Gujarat              |                                       5 |            15 |                                       1 |
| 8        | Haryana              |                                     165 |            66 |                                      14 |
| 9        | Himachal Pradesh     |                                       1 |             1 |                                       0 |
| 10       | Jammu & Kashmir      |                                       6 |             1 |                                       0 |
| 11       | Jharkhand            |                                      21 |             0 |                                       0 |
| 12       | Karnataka            |                                      45 |             0 |                                       0 |
| 13       | Kerala               |                                       0 |             0 |                                       0 |
| 14       | Madhya Pradesh       |                                      43 |             2 |                                       2 |
| 15       | Maharashtra          |                                     554 |            79 |                                      60 |
| 16       | Manipur              |                                       0 |             0 |                                       0 |
| 17       | Meghalaya            |                                       0 |             0 |                                       0 |
| 18       | Mizoram              |                                       0 |             0 |                                       0 |
| 19       | Nagaland             |                                       0 |             0 |                                       0 |
| 20       | Odisha               |                                      61 |             3 |                                       0 |
| 21       | Punjab               |                                     192 |            31 |                                       1 |
| 22       | Rajasthan            |                                     626 |           116 |                                      21 |
| 23       | Sikkim               |                                       0 |             0 |                                       0 |
| 24       | Tamil Nadu           |                                      91 |            18 |                                       0 |
| 25       | Telengana            |                                      32 |             1 |                                       0 |
| 26       | Tripura              |                                       0 |             0 |                                       0 |
| 27       | Uttarakhand          |                                      46 |             1 |                                       0 |
| 28       | Uttar Pradesh        |                                     139 |             8 |                                       1 |
| 29       | West Bengal          |                                      13 |             0 |                                       0 |
| 30       | A & N. Island        |                                       0 |             0 |                                       0 |
| 31       | Chandigarh           |                                       3 |             0 |                                       0 |
| 32       | Dadar & Nagar Haveli |                                       0 |             0 |                                       0 |
| 33       | Daman & Diu          |                                       0 |             0 |                                       0 |
| 34       | Delhi                |                                      92 |             7 |                                       0 |
| 35       | Lakshadweep          |                                       0 |             0 |                                       0 |
| 36       | Puducherry           |                                       1 |             0 |                                       0 |
| TOTAL    | TOTAL                |                                    2296 |           350 |                                     100 |

- The Government has intensified effective implementation of the Pre - conception and Pre - natal Diagnostic  Techniques  (Prohibition  of  Sex  Selection)  Act,  1994  and  amended  various provisions of the Rules.
- The Government is rendering financial support to the States and UTs for operationalizati PN DT  Cells,  Capacity  Building,  Orientation  &  Sensitisation  Workshop,  Information, Education and Communication campaigns and for strengthening structures for the implementation of the PC & PNDT Act under the National Health Mission (NHM).
- A  National  review  u nder  the  chairmanship  of  Additional  Secretary  and  Mission  Director, MoHFW was held on 21 st September, 2015 through video conference.
- A National Capacity Building Programme for State Appropriate Authorities and State Noda Officers was organized on 12 th & 13 th April, 2016 at Manesar in collaboration with United Nations Population Fund (UNFPA).
- A comprehensive Standard Operating Guidelines (SOGs) for District Appropriate Authority has  been  prepared  by  Ministry  of  Health  &  Family  Welfare  for  better  clarity for implementation of the PC&PNDT Act.
- Program review at the state level has been intensified.  Five regional review workshop North,  West,  Central,  North  East  and  Southern  regions  were  organized  during  2014 - 15. During 2015 - 16 five regional review wo rkshops have been organized for Northern Eastern, Northern, Eastern, Western and Southern States in Imphal, Chandigarh, Bhubaneswar and Hyderabad (two) respectively.
- National campaign 'Beti Bachao, Beti Padhao' was launched in 161 gender critical districts by  Ministry  of  Women  and  Child  Development  in  partnership  with  Ministry  of  Human Resource Development and Ministry of Health & Family Welfare.
- Directions given by the Hon'ble Supreme Court in the matter of WP(C) 349/2006 (Voluntary Health Association of Punjab vs. UOI & others), were communicated to the States/ UTs ti to time for ensuring compliance.
- Inspections by the National Inspection and Monitoring Committee (NIMC) have been scaled up. In year 2014 - 15, 19 inspection visits have been undertaken in different States.  Dur 2015- 16, 22 NIMC inspections have been undertaken in the States of Punjab, Puducherry Tripura,  Sikkim,  Uttar  Pradesh,  Odisha,  Bihar,  Mizoram,  Andhra  Pradesh,  Haryana, Rajasthan, M aharashtra, Gujarat, Telangana, Chhattisgarh, Jharkhand, Assam, Uttarakhand, Karnataka,  Tamilnadu,  Madhya  Pradesh  and  West  Bengal.  During  2016 - 17,  2  NIMC inspections have been undertaken in the States of Arunachal Pradesh and Jammu & Kashmir till date.
- States have been advised to focus on Districts/Blocks/Villages with low Child Sex Rati ascertain  the  causes,  plan  appropriate  behaviour  change  communication  campaigns  and effectively implement provisions of the PC & PNDT Act.