Commercial's Pre-conception and Pre-Natal Diagnostic Techniques.........Act, 1994 with Rules

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1. Objectives of the Act:

• Prohibit Sex Selection: Prevent sex selection before or after conception.
• Regulate Diagnostic Techniques: Ensure that diagnostic tools like ultrasound, amniocentesis, and genetic tests are used only for legitimate medical purposes and not for determining the sex of a fetus.
• Curb Female Foeticide: Address the socio-cultural issue of gender bias that results in the elimination of female fetuses.

2. Key Provisions:

• Prohibition of Sex Determination: The Act explicitly bans the use of any medical procedure or technique to determine or disclose the sex of the fetus except under medically necessary conditions.
• Regulation of Clinics: All genetic counseling centers, genetic laboratories, and clinics conducting pre-natal diagnostic procedures must be registered under the Act.
• Permissible Diagnostic Purposes: Pre-natal diagnostic techniques are permitted only for detecting:
  • Genetic abnormalities.
  • Chromosomal abnormalities.
  • Congenital malformations.
  • Metabolic disorders.
  • Sex-linked disorders.
• Ban on Advertisements: It prohibits any form of advertisement that promotes sex determination or sex selection.

3. Enforcement Mechanisms:

• Supervisory Boards:
  • Central and State Supervisory Boards are constituted to oversee the implementation of the Act.
  • They advise the government on policy matters and monitor compliance.
• Appropriate Authorities: Authorities at the state and district levels are empowered to inspect clinics, investigate violations, and take legal action.
• Maintenance of Records:
  • Clinics must maintain detailed records of diagnostic procedures performed.
  • Failure to maintain records is considered an offense under the Act.