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No end to flourishing sex-determination tests

By Bindu Shajan Perappadan

NEW DELHI, DEC. 17. Many campaigns and an amendment to the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, later, the arrest on Thursday of the chief medical officer -- responsible for registration of ultrasound clinics in South Delhi -- has opened up yet again the question of effectiveness of the new regulation to prevent illegal sex-determination tests in the Capital.

Placing the blame squarely on the shoulders of doctors and the law informing agencies, experts on the issue say that there is really little power that the Act offers to protect the girl child.

"The misuse is rampant, and, whether we like it or not, sex-determination tests are still being carried out in clinics, tilting the sex ratio to a scale that is a cause for worry. Also, lawmakers and implementing agencies are much too laidback and in many cases powerless to take action against erring doctors and nursing homes. The total absence of any cases being registered against clinics and persons indulging in pre-natal sex determination is just an indication of how strong the nexus is between doctors and private agencies. At present ultrasound machines are most widely used for sex determination purposes and in Delhi the practice is rampant," explained the executive director of the Centre for Social Research, Ranjana Kumari.

She added that the guidelines of the Prenatal Diagnostic Techniques Act including rules requiring all ultrasound (mobile and otherwise) to register, written consent of the woman, prohibition of revealing sex of foetus, not to use a registered counselling centres or generic laboratory or genetic clinics to conduct pre-natal diagnostic technique (expect chromosomal, genetic, sex linked abnormalities), no tests to be done unless woman above 35 years, has undergone two or more spontaneous abortions or has a family history of mental retardation, are not being followed.

"What has surprised us is the fact that even while clinics continue to flourish in areas like Govindpuri, Najafgarh and the Delhi borders, no preventive action is in place. The practice is going on mainly because the Government, we believe, is not serious about the implementation of the Act and is now using it as an opportunity to make some money," explained George Sabu of the Centre for Women Development Studies.

Experts also point out that no doctors or nursing home owners have been booked so far despite the practice being rampant. "The implementing and regulatory machinery is at fault and while the Government has laid down rules implementation is clearing lacking and the Capital is no more a model city, it is place that has become unsafe for the girl child, it is a red alert situation really," explained well-known social activist Brinda Karat.

Doctors, however, claim that physicians are being harassed and in this case, "Handa Nursing Home was in trouble for a while for not agreeing to pay the bribe. We don't believe the nursing home would have got into trouble had they quietly paid the bribe," explained the president of the Indian Medical Association (Delhi), Vinay Aggarwal.

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