Who can you complain to about a breach of the law?

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Courts can take cognizance of an offence under the law upon receiving a complaint from:

The Appropriate Authority for that State or Union Territory, or
An officer authorised by the Central or State Government or the relevant Appropriate Authority; or
Any person who has given at least 15 days’ notice in the given format to the Appropriate Authority, of the alleged offence and their intention to make a complaint to the court.¹

Some states like Delhi and Rajasthan have offered reward schemes for informants to report on breach of the law.

Section 28(1), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.[↩]

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What does the law prohibit?

The law prohibits conducting sex selection or prenatal diagnostic procedures, determining and communicating the sex of the foetus, selling machines for sex determination and advertising sex determination facilities.

What are the offences and punishments under this law ?

Under the Indian law, every offence under the sex selection law is cognizable, non-bailable and non-compoundable.

What is sex selection?

Sex selection includes any procedure, technique, test or administration or prescription or provision of anything to ensure or increase the probability that an embryo will be of a particular sex.

When are prenatal diagnostic procedures permitted?

The Indian law allows the use of prenatal diagnostic procedures in certain limited circumstances, mentioned herein.

Who does the law apply to?

The law prohibits anyone from doing or allowing any sex selection procedures and regulates every person who could be involved in the process of sex selection.

What are prenatal diagnostic procedures?

It includes any gynaecological, obstetrical or medical procedures such as ultrasonography, to conduct any prenatal diagnostic tests for sex selection, before or after conception.