7 Things You Should Know About The Prohibition of Sex Selection Act

In India, 7000 unborn girls are aborted every day, just because they are girls! Because of this heinous practice, India ranks fourth in the list of countries with the worst Child Sex Ratio. 

In this issue we highlight seven important provisions under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 which was enacted by the Parliament of India to prohibit sex selection and arrest the declining sex ratio in India. 

  1. No laboratory or genetic counselling centre or genetic clinic is permitted to conduct any test including ultrasonography for the purpose of determining the sex of the foetus. Thus, sex-selection is prohibited both before and after conception.
  1. The use of pre-natal diagnostic techniques such as ultrasound and amniocentesis by sonographers are permitted only to detect Genetic abnormalities, Metabolic disorders, Chromosomal abnormalities, certain Congenital malformations, Haemoglobinopathies and Sex-linked disorders.
  1. It is illegal for any person, including sonographers and other healthcare professionals to communicate the sex of the foetus to the pregnant woman or her relatives by words, signs or any other method.
  1. Any person who puts out an advertisement for sex determination facilities in any form and through any media, or engages in any visible representation, can be imprisoned for up to three years and also be fined.
  1. Registration of all diagnostic laboratories, all genetic counselling centres, genetic laboratories, genetic clinics and ultrasound clinics is compulsory.
  1. The prominent display of a signboard that “detection/revelation of the sex of the foetus is illegal” is mandatory in all ultrasonography units.
  1. Failure to maintain records such as the Form F (a mandatory record containing information of a pregnant person undergoing an ultrasound, such as previous children and obstetric history) or a failure to preserve the records for a period of 2 years are punishable offences. 

What can you do to save our vanishing girls and show that you CARE?

C – Conversations: Engage on social media; host an event or organize a training.

A – Ask Questions: (i) File RTIs, download a sample RTI here. (ii) Join a campaign demanding justice for unborn girls.

R – Report Violations: Email askme@vanishinggirls.in and we will be happy to guide you.

E – Ensure Equality & Dignity for Girls: Sign the pledge; write a will equally dividing your property between your sons and daughters. 

You would be happy to know that Mrs. Tehmina Arora, Director, ADF India was nominated on October 9, 2020, as a member of the Advisory Committee for the Delhi State Appropriate Authority under the PCPNDT Act which includes medical and legal experts and eminent social workers.

Under Section 17(5) and 17(6) of the Act, the Committee was constituted by a notification of the Directorate of Family Welfare, Govt. of NCT. The Committee will aid and advise the Appropriate Authority in the discharge of its function for a tenure of three years.

The Vanishing Girls campaign is an initiative of ADF India that aims to eradicate sex-selection in our lifetime and save the lives of thousands of girls who are selectively aborted every day. We are advocating for the strict enforcement of the Prohibition of Sex-Selection Act.

True Independence for Girls in India

The United Nations Population Fund (UNFPA) recently released the State of the World Population 2020 report which drew attention to 19 forms of human rights violation against women and girls, one of which is son-preference resulting in sex selection. According to the report, one in three girls missing globally due to gender-biased sex selection is from India — 46 million out of the total 142 million missing girls. The number of girls missing due to female foeticide reflect the deep-rooted bias against daughters and the poor status of girls in the country.

“It should be shocking but it isn't that while 5 lakh COVID-19 deaths worldwide is causing such a furore, there is not a word on 460 lakh deaths of girls in the country”.

Kamla Bhasin, Social scientist and activist 

Tomorrow, India celebrates its 74th Independence Day. We can be proud of how far we have come as a nation. The Constitution of India resolved to assure the dignity of every individual and to secure to all its citizens:  JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; and EQUALITY of status and of opportunity. We have, as a sovereign republic, delivered on several of these constitutional promises. However, even today, women and girls in India suffer the effects of son-preference, sex-selective abortion and other rigid patriarchal norms. 

The Vanishing Girls Campaign pledge to #giveherLIFE - Love, Inheritance, Freedom, and Equality is aimed at realizing true independence for girls in India. 

Love: Every girl has the right to be born into the world and be loved and cherished just as sons are. The progress of our country would not have been possible without the contribution of women and girls. From the freedom struggle movement to the current COVID-19 pandemic, India’s daughters have been at the forefront, developing and supporting the country hand-in-hand with men. Daughters are no less than sons, and they deserve equal love, care and respect.

Inheritance: The right to inheritance is imperative for the empowerment of women and girls. India’s Child Sex Ratio continues to drop because girls are seen as an economic burden. The right to inheritance is linked to the value of daughters. Recently, in a landmark judgement, the Supreme Court of India held that a daughter will have an equal share in the family property after the Hindu Succession (Amendment) Act, 2005. “Daughters must be given equal rights as sons. Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”, stated Justice Arun Mishra. This is an important step towards securing equal inheritance rights for women.

Freedom: A patriarchal society like ours gives most of the decision making power to men in households, in communities and even in governments. This practice in turn suppresses women and girls to stereotypical gender roles, thereby withholding their independence. They are discouraged from speaking their minds or showing leadership skills, and limited by the dangers of a crime-ridden society. In our work with the campaign, we have even seen mothers being forced to abort their daughters against their will. 

Equality: Gender bias and inequality meted out to women and girls across the country have resulted in unequal access to resources and opportunities for them. By placing nearly half the population at a disadvantage, India will only hinder its own growth. 

There is an urgent need for policy initiatives to bring gender parity in our society. More than ever, we need to stand with women and girls to guarantee their fundamental rights, as provided by the Constitution, so that they can enjoy true freedom in India.

ADF India, through its Vanishing Girls campaign, aims to eradicate sex-selective abortion in our lifetime and save the lives of thousands of girls who are killed in the womb every day. We are advocating for the strict enforcement of the Pre-Conception Pre-Natal Diagnostic Techniques (PCPNDT) (Prohibition of Sex Selection) Act, 1994.

On July 4, 2020, the Delhi Government’s Health and Family Welfare Department inducted Mrs. Tehmina Arora, Director, ADF India, in the Advisory Committee for District Level Appropriate Authorities under the PCPNDT Act. 

Sign the pledge to #giveherLIFE