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Hearing on plea to block website on February 15

New Delhi: Jan. 29 The Supreme Court will hear on February 15 an application seeking directions to the Union of India for blocking access to a website (name withheld) promoting gender identification kits in India from abroad.

A three-Judge Bench of the Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice J.M. Panchal fixed the date of hearing on a mention made by counsel Colin Gonsalves about the filing of an application by the Voluntary Health Association of Punjab whose petition seeking strict implementation of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition on Sex Selection) Act, 1994 is already pending.

The application said that a website promoting sale of gender identification kits was reported in the media.

The website, according to the applicant, says “the test seeks to identify the presence of male or female foetal genetic materials in the mother’s blood. If only male foetus derived genetic materials are present in the mother’s blood, it is likely the mother is carrying one or more baby boys. If only female foetus derived genetic materials are present in the mother’s blood, it is likely the mother is carrying one or more baby girls….By submitting a blood sample, you authorise [the promoter] to test your blood sample for the presence of certain DNA and RNA markers that identify the gender of a foetus….Your personal information will never be disclosed.” The applicant said that the website provided the methods by which the test was conducted, the process of ordering the test kit, safeguards to be taken, etc.

Since the website was accessible anywhere in the country, a blanket blocking of this website was essential to prevent the misuse of technology and violation of the law, the application said and sought a direction in this regard.

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