OPINION- Should Sex be declared to achieve the real aim of PCPNDT Act ?
Should Sex be declared to achieve the real aim of PCPNDT Act ?
One of my Dr. Client was was very upset over the recent PCPNDT actions against Drs and hence suggested why there should not be compulsory sex determination.......
After pondering over it, I have tried to pen down few aspects.,.
In order to curb the evil of Sex Determination, the PCPNDT Act, 1994 was enacted with various amendments in 2003. However it’s a matter of record that this Act also could not stop illegal sex Determination.... As per 2011 report, per 1000 male child, the no. of female child was reduced to 914 on National Level!!
Few months back, the Union Minister Smt. Maneka Gandhi also suggested compulsory sex determination, so that naturally girl child saved... But it distinctly made YES and NO groups...
The Medical Fraternity (in majority) welcomed this step.. According to Medicos, once the Sex is declared, it becomes the responsibility of the Mother and her relatives to see that the baby is delivered properly. So Drs can come out of clutches of the PCPNDT ACT, which has become the tool for harassment of doctors and medical professionals in the country.
The Medicos further say that it will also save them from the draconian "Form F" which is to be filled at the time of every sonography.. The Punishment for Sex Determination and the Punishment for lacuna in filling the Form F (e.g. omission to mention the age of patient etc.) is one and the same !! i.e. 3-5 years of imprisonment and/or Rs.50,000 to Rs.1,00,000 fine....
It’s unfair !! The vires of PCPNDT Act has been under challenge in different High Court by Drs. Associations....
In order to achieve the object of "save girl child" the MTP Act is also required to be amended simultaneously !!
Critics would call it as “Treatment itself dangerous than the disease”, Experts say, with a hope that the baby boy will be delivered, people will take proper care of the Mother. But if the female sex is determined, there may be “inadvertent lapses” in proper care and nourishment of both, mother and the child !! So the moment will be “Save Mother” instead of “Save Girl Child” ..
There are millions of pregnancies and deliveries that take place every year.. Statistically even if 50 % of those are of Female Child, how the Government machinery will keep an eye on it ?? It’s a very, very tough task ahead !!!
PEOPLE SHOULD CHANGE THEIR MIND SET :
So what we really need to change is our mindset and not the change in law, as I have stated above… In western Countries, there is no discrimination between Female and male child.. Girls are not treated as “Paraya Dhan” or its not written in the WILLS, “that I don’t intend to give anything to my Daughter, as I have given enough at the time of her Wedding” !! The Concept of “Vansha KA Diyya” is also not in existence in Western countries.. Therefore unnecessary importance has been given to birth of male child.. Now as per 2005 amendment, the Daughters have been given equal rights with son in the ancestral properties !!!
So it’s the mind-set of the people is required to be changed and not the law !!
Thanks and Regards
Adv. Rohit Erande
Pune.
One of my Dr. Client was was very upset over the recent PCPNDT actions against Drs and hence suggested why there should not be compulsory sex determination.......
After pondering over it, I have tried to pen down few aspects.,.
To start with, let's see a common adage.
"IF MEN ARE PURE, LAWS ARE USELESS,
IF MEN ARE CORRUPT, LAWS ARE BROKEN'
In order to curb the evil of Sex Determination, the PCPNDT Act, 1994 was enacted with various amendments in 2003. However it’s a matter of record that this Act also could not stop illegal sex Determination.... As per 2011 report, per 1000 male child, the no. of female child was reduced to 914 on National Level!!
Few months back, the Union Minister Smt. Maneka Gandhi also suggested compulsory sex determination, so that naturally girl child saved... But it distinctly made YES and NO groups...
The Medical Fraternity (in majority) welcomed this step.. According to Medicos, once the Sex is declared, it becomes the responsibility of the Mother and her relatives to see that the baby is delivered properly. So Drs can come out of clutches of the PCPNDT ACT, which has become the tool for harassment of doctors and medical professionals in the country.
The Medicos further say that it will also save them from the draconian "Form F" which is to be filled at the time of every sonography.. The Punishment for Sex Determination and the Punishment for lacuna in filling the Form F (e.g. omission to mention the age of patient etc.) is one and the same !! i.e. 3-5 years of imprisonment and/or Rs.50,000 to Rs.1,00,000 fine....
It’s unfair !! The vires of PCPNDT Act has been under challenge in different High Court by Drs. Associations....
In order to achieve the object of "save girl child" the MTP Act is also required to be amended simultaneously !!
Critics would call it as “Treatment itself dangerous than the disease”, Experts say, with a hope that the baby boy will be delivered, people will take proper care of the Mother. But if the female sex is determined, there may be “inadvertent lapses” in proper care and nourishment of both, mother and the child !! So the moment will be “Save Mother” instead of “Save Girl Child” ..
There are millions of pregnancies and deliveries that take place every year.. Statistically even if 50 % of those are of Female Child, how the Government machinery will keep an eye on it ?? It’s a very, very tough task ahead !!!
PEOPLE SHOULD CHANGE THEIR MIND SET :
So what we really need to change is our mindset and not the change in law, as I have stated above… In western Countries, there is no discrimination between Female and male child.. Girls are not treated as “Paraya Dhan” or its not written in the WILLS, “that I don’t intend to give anything to my Daughter, as I have given enough at the time of her Wedding” !! The Concept of “Vansha KA Diyya” is also not in existence in Western countries.. Therefore unnecessary importance has been given to birth of male child.. Now as per 2005 amendment, the Daughters have been given equal rights with son in the ancestral properties !!!
So it’s the mind-set of the people is required to be changed and not the law !!
Thanks and Regards
Adv. Rohit Erande
Pune.
The author is a lawyer working in Pune
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