Explain in detail position of consent of pregnant woman and prohibition of communicating the sex of foetus with judicial view towards the provisions.
>
0
Comments
 |
| Explain in detail position of consent of pregnant woman and prohibition of communicating the sex of foetus with judicial view towards the provisions. |
Que: Explain in detail position of consent of pregnant woman and prohibition of communicating the sex of foetus with judicial view towards the provisions.
Ans:
A] Introduction
The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, is a pivotal legislation in India aimed at preventing female foeticide and promoting gender equality. The Act addresses the issue of sex-selective abortions by regulating the use of prenatal diagnostic techniques and prohibiting the communication of the sex of the foetus to expectant parents. This article explores in detail the position of consent of pregnant women and the prohibition of sex disclosure, along with relevant sections of the Act, judicial views, and unique points.
B] Position of Consent of Pregnant Woman:
Section 3(2)(b) of the PCPNDT Act mandates that no person shall conduct any pre-natal diagnostic procedure on a pregnant woman without her written consent. This provision aims to ensure that expectant mothers have the right to make informed decisions about prenatal diagnostic tests and that they are not subjected to any procedures without their explicit approval.
The Act recognizes the importance of respecting the autonomy and reproductive rights of pregnant women. By obtaining written consent, medical practitioners not only adhere to the legal requirements but also ensure that expectant mothers are well-informed about the purpose and implications of prenatal diagnostic tests. This empowers women to make informed choices regarding their health and the health of their unborn child.
C] Unique Points:
1.Voluntary Decision-Making: Consent provisions under the PCPNDT Act emphasize that women have the right to voluntarily decide whether they wish to undergo prenatal diagnostic procedures, which may include ultrasound and other tests.
2.Informed Consent: The Act places a significant emphasis on ensuring that consent is obtained in writing, indicating that women have been adequately informed about the procedures, risks, and implications of prenatal tests.
D] Prohibition of Communicating the Sex of Foetus:
Section 5 of the PCPNDT Act strictly prohibits the communication of the sex of the foetus to expectant parents or any other person. This provision is critical in preventing sex-selective abortions, as it aims to curb the practice of aborting female foetuses due to cultural preferences for male children.
The Act recognizes that disclosing the sex of the foetus can lead to adverse consequences, including sex-selective abortions and a skewed sex ratio. By prohibiting the communication of the foetal sex, the Act seeks to protect the girl child and promote gender equality.
E] Unique Points:
1.Prevention of Gender Bias: The prohibition of disclosing the sex of the foetus is a proactive measure to address deep-rooted gender bias in society and prevent sex-selective abortions.
2.Empowering Medical Practitioners: The Act empowers medical practitioners by making them legally responsible for refraining from disclosing the foetal sex. This ensures that they actively contribute to the prevention of female foeticide.
F] Judicial Perspectives:
1.Nalini Ramakant Jogad v. Union of India (2000): In this case, the Bombay High Court upheld the prohibition on sex disclosure under the PCPNDT Act. The Court emphasized the need to strictly enforce the Act to prevent female foeticide.
2.The Divisional Bench of Punjab and Haryana High Court (2019): The Court in this case held that no person, including medical practitioners, is entitled to ask for or know the sex of the unborn child. It emphasized that the provisions of the PCPNDT Act must be enforced rigorously to protect the girl child.
G] Conclusion:
The PCPNDT Act, 1994, reflects the commitment of India to address the issue of female foeticide and promote gender equality. The Act's provisions on consent of pregnant women and prohibition of sex disclosure play a crucial role in protecting the rights of expectant mothers and the girl child. Judicial pronouncements have upheld the importance of enforcing these provisions to curb the practice of sex-selective abortions.
By emphasizing the importance of informed consent and prohibiting the communication of the foetal sex, the PCPNDT Act aims to ensure that every child is welcomed into the world with equal love and opportunity, irrespective of their gender. Effective implementation of the Act, coupled with awareness campaigns and sensitization, will contribute to creating a society that values and respects the lives of all individuals, regardless of gender.
Reference:
The Pre-Conception and Pre-Natal Diagnostic Techniques Act 1994
Thank you for reading!
Post a Comment