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National
Meena Menon
MUMBAI: Satara-based Varsha Deshpande of the Yuvak Kranti Dal has conducted a series of sting operations on radiologists and doctors practising sex selection techniques. She has shown that ordinary people can effectively use the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PCPNDT). Ms. Deshpande argues that the unique strength of the Act is that instead of vesting powers with the police, it has given citizens the right to act. Since 2003, Ms. Deshpande legal adviser to the Satara District Appropriate Authority has been conducting sting operations. In June 2003, when she filed her first case against a radiologist in Satara, she had to photocopy the Act and show it to the district judge. Since then, things have changed. Her efforts have led to two cases almost nearing conviction in Kolhapur and Satara. While confusion on who will implement the Act continues, she has shown how it can be used effectively. Using a pregnant woman as a decoy, she raided a clinic in Nagothane, near Mumbai on March 6 and seized the machines used for sonography. "I don't think sex selection is a social evil, it is organised crime against the girl child," Ms. Deshpande remarked. The punishment for doctors convicted for practising sex selection is three-year jail term and a fine of Rs. 10,000 and five years suspension from the State Medical Council. She discovered that this clinic in Nagothane was not even registered. The doctor was popularly known as the acupressure doctor. The local Appropriate Authority, mandated by the Act to be in charge of registration and action, was not aware whether this particular clinic was registered. In one of the raids in February in Dombivli, the decoy was seven months pregnant and the doctor was willing to perform an abortion in case the foetus was a girl. This clinic did not have a government registration for medical termination of pregnancy. Ms. Deshpande's raids have covered clinics in Satara, Jalgaon, Solapur, Beed, Ahmednagar, Sangli, Aurangabad, and Raigad and New Bombay.
Simple procedures not followed
She also found that simple procedures mandated by the Act were not being followed. For instance, the Act is to be executed by the Appropriate Authority and complaints are registered as a private criminal case. The Government has to register ultra sound clinics, genetic clinics and imaging centres and enforce the mandatory filling up of forms for registration and note details of the patient's gynaecological history. These registrations have to be sent to the Appropriate Authority in each ward or district before the fifth of every month. Ms. Deshpande pointed out that even if this was done meticulously, a check could be kept on sex selection. A social audit of all registration forms was also needed. Though Mumbai city has 24 appropriate authorities, one for each ward, not a single case against a doctor has been registered. Maharashtra's sex ratio declined to 922 in the 2001 census, below the national average of 933 per 1000 males. The child sex ratio (0-6 years) for Maharashtra is 917, below the national average of 927/1000 males. Some of the richest districts in the State such as Sangli, Satara, Kolhapur and Jalgaon have low child sex ratios (0-6 years). Official sources said that from 2002 to 2005, 46 cases were registered under the Act, most of them for non-registration of ultrasound centres. In most of these cases, the courts have released the machines on payment of fines. Nine cases were filed after sting operations were conducted in this period and the doctors have been prohibited from practising until the court case is decided. Raiding clinics has not been easy for Ms. Deshpande. In Beed, she faced a 2000-strong mob that wanted to attack her and she had to be escorted back home under police protection. Since there is no case law on the subject, she is planning to demand a special public prosecutor for all cases related to sex selection.
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