Nagaland Post

Curbing illegal sex determination

September 21, 2011 | by admin

Secretary of law and justice, Nihoto Chishi said many were still ignorant of the laws and Acts that were passed by the parliament of India for the benefit of the public.
While disclosing this at a seminar organized by City Law College Students’ Union (CLCSU) and legal aid and counseling centre under the theme ‘Know rights to be better-informed citizens’ on Tuesday at Ana Ki Dimapur, Nihoto also enlightened the gathering on Pre-Natal Diagnostic Techniques (PNDT) Act which prohibits sex determination of an unborn child.

He further encouraged the people to make use of COTP Act which authorizes a person to impose fine on anybody found smoking in public places.
“It’s not necessary that one should inform the police, anyone can impose fine” said Chishi.
With regard to Right To Information (RTI) Act, he said under this Act, anyone can question any department of its activities and functions so that transparency is maintained

Speaking as the resource person on the topic “PNDT Act’, principal of City law College Leonard Aier said in the recent past, pre-natal diagnostic centre sprang up at urban areas using pre-natal diagnostic techniques as female child was not welcomed in most of Indian families. This he said prompted organizations working for the welfare and uplift of women to raise their heads against such abuses and ultimately the Pre-natal diagnostic techniques (regulation and prevention of misuse) bill was passed by the parliament.

The bill prohibits misuse of pre-natal diagnostic techniques for determination of sex of foetus leading to female foeticide; prohibition of advertisement of pre-natal diagnostic techniques for detection or determination of sex; permission and regulation of the use of pre-natal diagnostic techniques for the purpose of detection of specific genera; abnormalities or disorders; permitting the use of such techniques only under certain conditions by the registered institutions and punishment for violation of the provisions of the proposed legislation.
He said under this Act, any genetic laboratories and genetic clinics, genetic counseling centre, genetic laboratory or genetic clinic, unless registered should conduct or associate with or help in conducting activities relating to pre-natal diagnostic techniques, employ or cause to be employed or take services of any person, whether on honoury basis or on payment who does not possess the qualifications as may be prescribed and conduct or cause to be conducted or aid in conducted by himself or through any other person any pre-natal; diagnostic techniques at a place other than a place registered under this act.

He also disclosed that pre-natal diagnostic techniques could be conducted for the purpose of detection of chromosomal abnormalities, genetic/metabolic diseases, haemoglobinopathies, sex linked (genetic) diseases, congenital anomalies and any other abnormalities or disease as may be specified by the central supervisory board but added that no person, including the person conducting pre-natal diagnostic procedures, should communicate to the pregnant woman or her relative or any other person the sex of the foetus by words, signs or in any other manner.

Any registered medical practitioner who contravenes the Act, he said would be punishable with imprisonment for a term which may extend to 3 years with a fine of Rs. 10, 000 and in subsequent conviction with imprisonment which may extend to 5 years and fine of Rs. 50, 000 and may lead to suspension if the charges are framed by the court or till the case is disposed of and on conviction his name would be removed from the register of the council for a period of 5 years for the first offence and permanently for subsequent offence.

Speaking on prohibition of sale of ultrasound machine randomly, he said no person is allowed to sell any ultrasound machine or imaging machine, scanner or any other equipment capable of detecting sex foetus to any genetic counseling centre, genetic laboratory, genetic clinic or any other person not registered under the Act.

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