Jammu and Kashmir Preconception and Prenatal Sex Selection/Determination (Prohibition and Regulation) Act, 2002

No: 31 Dated: Apr, 23 2002

THE JAMMU AND KASHMIR PRECONCEPTION AND PRENATAL SEX SELECTION/DETERMINATION (PROHIBITION AND REGULATION) ACT, 2002

Act No. XXXI of 2002

    An Act to provide for prohibition of sex selection or determination, before or after conception and for regulation of prenatal diagnostic technique 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 and for matters connected therewith or incidental thereto.

Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-third Year of the Republic of India as follows:-

CHAPTER I

Preliminary

1. Short Title, Extent And Commencement— (1) This Act may be called the Jammu and Kashmir Pre-Conception and Pre-Natal Sex Selection or Determination (Prohibition and Regulation) Act, 2002.

(2) It shall extend to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions— In this Act, unless the context otherwise requires—

(a) "Appropriate Authority" means the Appropriate Authority appointed under section 17;

(b) "Board" means the State Supervisory Board constituted under section 7;

(c) "Genetic Counselling Centre" means an Institute, Hospital, Nursing Home or any place, by whatever name called, which provides for genetic counselling to patients;

(d) "Genetic Clinic" means a Clinic, Institute, Hospital, Nursing Home or any place by whatever name called which is used for conducting prenatal diagnostic procedures.

Explanation: — Any place including a mobile vehicle, where Ultrasound Machine (capable of determining sex of foetus) or any other equipment for selection of sex before conception is used shall fall within the definition of Genetic Clinic for the purposes of this clause;

(e) "Genetic Laboratory" means a laboratory and includes a place where facilities are provided for conducting analysis or tests of samples received from Genetic Clinic for prenatal diagnostic test;

(f) "Gynaecologist" means a person who possesses a post-graduate qualification in Gynaecology and Obstetrics;

(g) "Medical Geneticist" includes a person who possesses a Degree or Diploma or Certificate in Genetic Science in the field of preconception techniques, prenatal diagnostic techniques or has experience of not less than two years in any of these fields after obtaining

(i) any one of the medical qualifications recognized under the Indian Medical Council Act, 1956, or

(ii) a Post-graduate Degree in Biological Sciences;

(h) "Paediatrician" means a person who possesses qualification in paediatrics;

(i) "Prenatal Diagnostic Procedures" means all Gynaecological Obstetrical or medical procedures such as Ultrasonography, Foetoscopy, taking or removing samples of Amniotic Fluid, Chronic Villi, Blood or any Tissue or Fluid of a pregnant woman or conceptus for being sent to a Genetic Laboratory or Genetic Clinic for conducting prenatal diagnostic test;

(j) "Prenatal diagnostic techniques" includes all prenatal diagnostic procedures and prenatal diagnostic tests;

(k) "Prenatal diagnostic test" means Ultrasonography or any test or analysis of amniotic fluid, chronic villi, blood or any tissue of a pregnant woman conducted to detect genetic or metabolic disorders or chromosomal abnormalities or congenital anomalies or haemoglobin-opathies or sex-linked diseases;

(l) "Prescribed" means prescribed by rules made under this Act;

(m) "Registered Medical Practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956, and whose name has been entered in a State Medical Register;

(n) "Regulations" means regulations framed by the Board under this Act;

(o) "Sonologist/imaging Specialist" means a person who possesses any one of the medical qualifications recognized under the Indian Medical Council Act, 1956, and/or a post-graduate qualification in Ultrasonography/Imaging Technique/Radiology and who is certified for performing Sonography; and

(p) "Preconception Sex Selection Technique" includes all medical or other scientific techniques such as sperm separation which are used or claimed to be used for selecting the sex of the offspring before conception.