Import of Sex determination/ gender testing kits – violation of PC & PNDT Act – Customs watch out!
The Drug Controller General (I), Directorate General of Health Services had issued instructions to all Port Health/ Drug Controller offices informing that gender testing/ sex determination kits are being imported into the country for the purpose of determining the sex of the foetus through DNA analysis at home; the use of sex-selection techniques before or after conception as well as misuse of pre-natal diagnostic techniques for sex selective abortions are prohibited under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 [ PC & PNDT Act] . In view of this, the Drug Controller General had instructed that import of gender testing/ sex determination kits may not be permitted in the country and the customs authorities be advised accordingly.
So, the Board directs that all the Customs officers concerned may be instructed to refer the imported consignments of gender testing/ sex determination kits to the Port Health Officer / Drug Controller, in order to obtain their clearance, before giving the Customs clearance for the imported goods/ consignment. The seriousness of the issue and the pernicious consequence of declining girl child sex ratio by use of such kits for illegal purposes of sex/gender determination may be brought to the knowledge of the field officers so that such imports are properly checked.
What is this Act all about?
In order to check female foeticide, Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 was brought into operation on 1st January, 1996. The Act prohibits determination and disclosure of the sex of foetus. The Act was amended in the year 2003 to include sex-determination at pre-conception stage and action against advertisements promising a male child. The amended Act received the assent of the President on the 17th January, 2003. The act is now called PC & PNDT Act (Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act as amended by Amendment Act of 2002.
The aims and objectives of the PC & PNDT Act lay that it is enacted to provide for the prohibition of sex selection, before or after conception, and for regulation of pre-natal 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 foeticide and for matters connected therewith or incidental thereto. However, under the Act, use of Pre-natal Diagnostic Techniques and genetic counselling is permissible for detection of certain genetic abnormalities in the foetus. The violation of the Act is punishable with imprisonment up to five years and fine up to Rs. 1.00 lakh apart from cancellation of registration and license.
CBEC F.No. 528/1/2008-Cus(TU) Dated: 24th May, 2008.