MYTH-Woman is the Reason for Population Explosion: A Critical Study of PCPNDT Act to Findout the Truth of the Statement Chatterjee Pyali1,*, Vig Komal2 1Research Scholar, Amity Law School, Amity University, Noida 2Associate Professor, Amity Law School, Amity University, Noida *Corresponding author: Pyali Chatterjee, Research Scholar, Amity Law School, Amity University, Noida, Contact No. 7489371981, E-Mail Id- pyali.chatterjee@gmail.com
Online published on 7 May, 2019. Abstract Every law is enacted with a purpose and that purpose can be find out from the preamble of the Act. Even the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 was enacted with a purpose to control the female feticide. The preamble of the Act states that “An Act to provide for the prohibition of sex selection, before or after conception, and for regulation of prenatal diagnostic techniques for the purposes of detecting genetic abnormalities or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of their misuse for sex determination leading to female feticide; and, for matters connected therewith or incidental thereto”. Thus from here it is clear that this act can be used only for the detection of any kind of abnormalities in fetus but not for sex detection which may result in female feticide. Female feticide or sex selective abortion is the practice of elimination of the female fetus in the womb itself but before this the sex of the fetus has to be determined and it can be done by methods like amniocentesis, chorion villus biopsy, ultra-sonography. Once the sex of the fetus is determined, then it is aborted if it is found to be unwanted sex. This Act was introduced to control the female feticide basically, but if go by the history of the abortion law in India, there we will find that MTP Act was introduced as a family planning method to control the population. It was later when due to female feticide issue and skewed sex ratio; Government enacted PCPNDT Act to control the skewed sex ratio by controlling the female feticide. This paper will basically focus into two points-1) Woman is not the reason for population explosion and 2) PCPNDT Act can help to control the population under certain conditions. Top Keywords Chromosomes, Selective abortion, Abortion, Sperm sorting, PCPNDT. Top |