Pre-Natal Diagnostic Techniques Amendment Act, 2002 - Amendment of section 4, 5, 6

Amendment of section 4

        In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:-

 “(3) no pre-natal diagnostic techniques shall be used or conducted unless the person qualified to do so is satisfied for reasons to be recorded in writing that any of the following conditions are fulfilled namely:-

           (i)   age of the pregnant woman is above thirty-five  years,

           (ii)  the pregnant woman has undergone two or more spontaneous    abortions   or foetal loss;

          (iii) the pregnant woman had been exposed to potentially teratogenic agents such as, drugs, radiation, infection or chemicals;

         (iv) the pregnant woman or her spouse has a family history of mental retardation or physical deformities such as, spasticity or any other genetic disease;

         (v) any other condition as may be specified by the Board:

        Provided that the person conducting ultrasonography on a pregnant woman shall keep complete record thereof in the clinic in such manner, as may be prescribed, and any deficiency or inaccuracy found therein shall amount to contravention of the provisions of section 5 or section 6 unless contrary is proved by the person conducting such ultrasonography;

 (4) no person including a relative or husband of the pregnant woman shall seek or   encourage the conduct of any pre-natal diagnostic techniques on her except for the purposes specified in clause (2);

 (5) no person including a relative or husband of a woman shall seek or encourage the conduct of any sex-selection technique on her or him or both.”.

 Amendment of section 5

         In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:-

“(2) No person including the person conducting pre-natal diagnostic procedures shall communicate to the pregnant woman concerned or her relatives or any other person the sex of the foetus by words, signs, or in any other manner.”.

 Amendment of section 6

          In section 6 of the principal Act, after clause (b), the following clause shall be inserted, namely :-

    “(c) no person shall, by whatever means, cause or allow to be caused selection of sex before or after conception”.