Inderjeet

[Audio] Hi, My name is Inderjeet and My topic for Presentation is Law, Tech and sex determination.

[Audio] Here is the table of content. Table of contents.

[Audio] Sex determination is the process by which an organism's sex is determined. In mammals, including humans, sex is determined by the presence or absence of certain hormones and chromosomes. For example, in humans, the presence of the Y chromosome typically leads to the development of male characteristics, while the absence of the Y chromosome leads to the development of female characteristics..

[Audio] Sex ratio in India as per 2021 The issue of sex determination and sex- selective abortion has been a significant problem in India, and there have been efforts to address it, including the passage of laws prohibiting the practice and the implementation of programs to promote gender equality. As per 2021 report, No. of women has significantly increased with 1020 women on per 1000 men..

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[Audio] Three major technologies used for sex determination are ultrasound, amniocentesis and chronic villus sampling.

[Audio] An ultrasound is a medical test that uses high-frequency sound waves to produce images of the inside of the body. It is used to examine a variety of organs and tissues, including the liver, gallbladder, spleen, pancreas, kidneys, bladder, uterus, ovaries, and testicles. Ultrasounds are also used to monitor the development of a fetus during pregnancy. During the procedure, a device called a transducer is placed on the skin over the area being examined. The transducer sends out high- frequency sound waves that bounce off the organs and tissues inside the body. The echoes are then detected by the transducer and used to create an image of the inside of the body on a computer screen. Ultrasounds are painless and noninvasive, and they do not use radiation. They are generally considered very safe, with a very low risk of complications..

[Audio] Amniocentesis is a medical procedure in which a small sample of amniotic fluid is removed from the amniotic sac surrounding a developing fetus. It is usually performed during the second trimester of pregnancy, between the 15th and 20th weeks. The procedure is typically performed to diagnose chromosomal abnormalities, genetic disorders, and other conditions in the fetus. It involves inserting a needle through the abdomen into the uterus and withdrawing a small amount of amniotic fluid, which is then analyzed in a laboratory. Amniocentesis is generally considered a safe procedure, but it does carry a small risk of complications such as infection, bleeding, and miscarriage..

[Audio] Chorionic villus sampling ( CVS) is a medical procedure in which a small sample of cells is taken from the chorionic villi, which are small finger-like projections on the placenta. It is usually performed during the first trimester of pregnancy, between the 10th and 13th weeks. The procedure is typically performed to diagnose chromosomal abnormalities, genetic disorders, and other conditions in the fetus. It involves inserting a thin tube or needle through the cervix or abdomen into the uterus and withdrawing a small sample of chorionic villi, which is then analyzed in a laboratory. CVS is generally considered a safe procedure, but it does carry a small risk of complications such as infection, bleeding, and miscarriage..

Legal Provisions.

[Audio] PREONCEPTIONS AND PRENATAL DIAGONISTIC TECHNIQUES (PCPNDT) ACT The PCPNDT Act was enacted in 1994 to prohibit the use of prenatal diagnostic techniques for sex determination and to regulate the use of such techniques for the detection of genetic abnormalities. The Act applies to all techniques used for sex determination, regardless of whether they are electronic or non-electronic. Under the Act, it is illegal to use any technique, including ultrasound, to determine the sex of a fetus before birth. It is also illegal to advertise or offer services for the purpose of sex determination, or to communicate the sex of a fetus to anyone else. Violators of the Act can be punished with imprisonment and fines. The PCPNDT Act is intended to prevent discrimination against female fetuses and to promote gender equality in India. The Act is enforced by the Indian government through the central and state-level PCPNDT cells, which are responsible for monitoring and enforcing compliance with the Act. The Act was amended in 2003 to strengthen the provisions and to provide stricter penalties for violators..

[Audio] In the case of Indian Medical Association v. V.P. Shantha ( 1995), the Supreme Court of India held that doctors have a professional obligation to use their medical knowledge and judgment to determine the appropriate use of diagnostic techniques, including ultrasound, and should not use such techniques solely for the financial benefit of the doctor or the hospital. In the case of J. Jayalalithaa v. Union of India ( 2003), the Madras High Court held that the PCPNDT Act, 1994, which prohibits the use of ultrasound or any other diagnostic techniques to determine the sex of a fetus, is a valid law and that the provisions of the act should be strictly enforced. In the case of Union of India v. Dr. Parmeshwar Arora ( 2009), the Supreme Court of India held that the PCPNDT Act, 1994 applies not only to registered medical practitioners, but also to unregistered practitioners and technicians who perform ultrasonography or other diagnostic techniques. In the case of Medical Council of India v. B.P. Singhal ( 2012), the Supreme Court of India held that the PCPNDT Act, 1994 applies to all diagnostic techniques, including ultrasound, and that any violation of the act is a punishable offense..

[Audio] In 2016, the Supreme Court of India upheld the constitutionality of the Pre-Conception and Pre-Natal Diagnostic Techniques ( PCPNDT) Act, which prohibits the use of prenatal diagnostic techniques for sex determination. The Court held that the Act was a necessary measure to address the problem of sex-selective abortion and to promote gender equality. In 2018, the Delhi High Court upheld the conviction of a doctor who was found guilty of violating the PCPNDT Act by conducting sex determination tests. The Court held that the doctor had violated the Act by conducting the tests and by failing to maintain the required records. In 2019, the Supreme Court of India issued a judgment directing the central and state governments to take steps to enforce the PCPNDT Act and to prevent the practice of sex-selective abortion. The Court also directed the government to take steps to create awareness about the Act and to sensitize medical professionals about their responsibilities under the Act. In 2020, the Delhi High Court upheld the conviction of a doctor who was found guilty of violating the PCPNDT Act by conducting sex determination tests and failing to maintain the required records. The Court held that the doctor had acted in a "grossly irresponsible manner" and had shown "utter disregard" for the law..

[Audio] Sex determination can lead to gender-based discrimination and the devaluation of certain genders. This can result in harmful societal attitudes and practices, such as female infanticide, which have been linked to imbalances in the sex ratio and other negative consequences. Additionally, sex determination may not always be accurate, and it can raise ethical concerns about interfering with the natural development of a person's identity. Therefore, it is important to promote equality and respect for all genders and discourage practices that seek to classify or discriminate based on sex..

[Audio] Thank you. Thank you. I N D E R J E E T C H A H A L 0 1 5 @ E M A I L . C O M.