Section 22
Prohibition of advertisement relating to pre-conception and pre-natal determination of sex and punishment for contravention.
The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994
About this Act
An Act 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.
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[22. Prohibition of advertisement relating to pre-conception and pre-natal determination of sex
and punishment for contravention.-- (1) No person, organisation, Genetic Counselling Centre, Genetic
Laboratory or Genetic Clinic including clinic, laboratory or centre having ultrasound machine or imaging
machine or scanner or any other technology capable of undertaking determination of sex of the foetus or
sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or
communicated any advertisement, in any form, including internet, regarding facilities of pre-natal
determination of sex or sex selection before conception available at such Centre, Laboratory, Clinic or at
any other place.
(2) No person or organisation including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or pre-conception selection of sex by any means whatsoever, scientific or otherwise.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.
Explanation.--For the purposes of this section, "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.]
(2) No person or organisation including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or pre-conception selection of sex by any means whatsoever, scientific or otherwise.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.
Explanation.--For the purposes of this section, "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.]
Notes
1 Subs. by Act 14 of 2003, s. 18, for section 22 (w.e.f. 14-2-2003)