Indian women have the right to abortion under the Medical Termination of Pregnancy Act provided that the decision is not based on the sex of the foetus. Parliament also enacted the Prenatal Diagnostic Techniques Act in 1994 – which, inter alia, requires sonography machines to be registered – to try to prevent female foeticide.

The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 provides ‘for the regulation of the use of Prenatal Diagnostic Techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of the misuse of such techniques for the purpose of prenatal sex determination leading to female foeticide‘.

The Act provides for:

• The regulation of genetic counselling centres, genetic laboratories and genetic clinics
• The regulation of Prenatal Diagnostic Techniques
• The obtaining of the written consent of a pregnant woman and the prohibition of communicating the sex of foetus
• The prohibition of sex determination
• The establishment of the Central Supervisory Board:
1. to advise the Government on policy matters relating to use of Prenatal Diagnostic Techniques
2. to review implementation of the Act and the rules made under it, and to recommend changes in the Act and its rules to the Central Government
3. to create public awareness against the practice of prenatal determination of sex and female foeticide
4. to lay down a code of conduct to be observed by persons working at Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics
5. to perform any other functions as may be specified under the Act
• The appointment of Appropriate Authorities:

1. to grant, suspend or cancel the registration of a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic
2. to enforce the standards prescribed for a Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic
3. to investigate complaints of the breach of the provisions of this Act or the rules made under it and to take immediate action
4. to seek and consider the advice of the Advisory Committee on applications for registration and on complaints for suspension or cancellation of registration

• The establishment of an Advisory Committee for each Appropriate Authority to aid and advise the Appropriate Authority in the discharge of its functions

• The registration of Genetic Counselling Centres, Genetic Laboratories or Genetic Clinics and the cancellation and suspension of such registration
• The prohibition of advertisement relating to prenatal determination of sex and punishment for contravention

The Act specifies offences under it and the punishments for those offences. Every offence under the Act is cognizable, non-bailable and non-compoundable. Notwithstanding anything in the Indian Evidence Act, 1872, the Courts are to presume, unless the contrary is proved, that a pregnant woman has been compelled by her husband or relatives to undergo a prenatal diagnostic technique and such persons are liable for the abetment of the offence.

No suit, prosecution or other legal proceeding lies against the Central or the State Government or the Appropriate Authority or any officer authorised by the Central or State Government or by the Authority for anything which is in good faith done or intended to be done in pursuance of the provisions of this Act.

The Central Government may make rules for carrying out the provisions of this Act. The Board may, with the previous sanction of the Central Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions of this Act and its rules.

The Act has, however, barely made a dent; sex-ratios in India are as skewed as ever.

(Incidentally, healthy/normal sex-ratios show more women than men.)