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India's highest court issues notices to central and state authorities for stricter implementation of the law that ban sex-determination tests and sex-selective abortions. A public interest litigation has said that recognition of pre-birth sex-selection should be considered medical malpractice as it involves the misuse of medical technology
The Supreme Court of India has issued notices to the Indian government and the states and union territories on a petition seeking stricter implementation of laws that ban pre-natal sex-selection tests and sex-selective abortions in India. A concerned Supreme Court observed that the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act 1994 (PCPNDT) that is meant to prevent female foeticide in India, has failed.
On August 18, a two-judge bench of Justices K G Balakrishnan and D K Jain issued notices on a petition by a civil society organisation, Voluntary Health Association of Punjab. Notices were also issued to the Ministry of Health and Family Welfare, Ministry of Law and the Ministry of Women and Child Development on the petitioner's claim that though the act was amended in 2003, pursuant to a direction by the apex court, there was need for guidelines for proper and full implementation of the act.
The petition brought to the court's attention the rampant practice of sex-selective abortions in many parts of the country, with doctors indiscriminately conducting sex-determination tests and carrying out abortions because of lax implementation of the PCPNDT Act. The petitioner observed that many clinics and doctors who were performing sex-selective abortions were not even licensed to perform medical terminations of pregnancy (MTPs).
Senior advocate Colin Gonsalves, appearing for the petitioner, said recognition of pre-birth sex-selection should be declared a medical malpractice and offence as it involves the misuse of medical technology by doctors who are greedy for money.
The consequence is a sharp decline in the under-six sex ratio, the petitioner said, presenting state-wise figures to support his argument. The VHAP pointed out that though legislation preventing sex-determination had been passed 12 years ago, it had virtually failed to prevent the crime. In the past 10 years, several states have registered a nearly 50% decline in child sex ratio, with states like Punjab witnessing 850 females per 1,000 males.
The discovery of a large number of female foetuses in a well at the house of a doctor in Punjab was a pointer to the impunity with which provisions of the PCPNDT Act are being violated. "The country need not wait for the census to assess the impact of sex-determination tests and female foeticide being carried out by certain ruthless doctors for their greed, throwing the country into an abyss of imbalanced ratio between males and females," the VHAP said.
This imbalance would have serious repercussions for Indian society in future, especially on the status of women, the petitioner said, leading to increased sexual violence, trafficking and the reduced mobility of women.
The PIL asked the court to direct the reconstitution of advisory committees throughout the country by removing private doctors and replacing them with reputed CSOs and individuals committed to the implementation of the act.
It also sought a direction to the Medical Council of India to make it mandatory for all private doctors to bring to the notice of the authorities any incident or person connected with sex-determination.
The petitioner urged the court to direct the states to constitute special investigation teams to look into cases of sex-selective abortions, set up a special court and appoint special prosecutors to conduct trials in such cases.
It also sought that the authorities should not be allowed to permit the sale of ultrasound machines without proper verification of the antecedents of the buyers and be particularly vigilant about private gynaecologists, to ensure that they did not misuse this equipment.
Source: The Hindu, August 19,
2006
The Tribune, August 19,
2006
IANS, August 18,
2006
Zee News, August 18, 2006
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