The sex-ratio of our country is evident enough of the fact that people in our country are hesitant towards giving birth to a female child. This is because of a variety of reasons such as the patriarchal society, security issues etc. Therefore, sex determination and sex selection, though illegal, are very common in our country. 

Sex selection

As per Section 3A of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, selection of sex is prohibited.

It is important to understand the definition of ‘sex selection’

As per law, sex selection has been defined as – 

“sex selection” includes any procedure, technique, test or administration or prescription or provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex. 

The above definition makes it clear that pre-conception steps taken to select or increase the chances of having a child of a particular sex are prohibited.

Sex selection on a woman or a man or on both or on any tissue, embryo, conceptus, fluid or gametes derived from either or both of them is prohibited. 

Any person who approaches any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or any other person for sex selection is punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. 

Sex determination

Sex determination is the post conception determination of sex of the foetus through pre-natal diagnostic techniques. 

As per Section 6 of the act, sex determination is prohibited. Genetic laboratories, clinics, counselling centres are prohibited from conducting pre-natal diagnostic techniques including ultrasonography, for the purpose of determining the sex of a foetus. 

Any person who approaches any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or any other person for conducting pre-natal diagnostic techniques on any pregnant women for the purposes of sex determination, is punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees.

Note: This Article provides an outline of the law. If you have specific queries or questions, please feel free to DM on instagram or email us on billablesbeyond@gmail.com