Television Plug-In Drug Essay Example | Topics and Well Written Essays - 750 words

Television Plug-In Drug - Essay Example It is the opposite of how the author thinks that people should be, and she blames television directly. Winn also accuses television of damaging family relationships. Before television, families would gather around the dinner table and talk about their day. Now, they take their meals in front of the TV, and don’t talk to each other at all. Winn claims that viewing television acts like a narcotic that numbs us to life, which is going on around us. We lose touch with first hand experience, and do not bond with real human beings. Marie Winn, wrote article â€Å"Television: The Plug-In Drug,† and as mentioned above, she tells about a negative perception of television on families. She sees families as failing to communicate and interact in an authentic way, because of television. Winn’s thesis is that television is an addictive drug, like a narcotic, that keeps people passive. In this article author applies the â€Å"Pathos† style of writing, introduces themes that are detailed and definite, and also presents a lot of examples. To me, it was a very convincing argument overall. I also watch television a lot, and I realize that it is a total distraction from life. Marie Winn writes for the outer world, trying to affect people through the use of emotions and playing on people’s emotions. Questions as well as proximate answers, which were found in the text, encourage the reader to think not wisely using reason, but on the spot, using emotions. Wordplay likewise helps the author convince people about her way of thinking. The author gives the example where parents accept a television-dominated family life so completely that they don’t give enough attention to their children. Or for example: â€Å"Mealtime rituals, going-to-bed rituals, illness rituals, holiday rituals and holiday rituals – how many of these survived the inroads of the television set?† (Winn, 2002). It is a

Allegory of the Cave Essay 7 Essay Example for Free

Allegory of the Cave Essay 7 Essay Many people question themselves when they think they aren’t right about something because everyone else around them believes the opposite. What you think might be truer than you think because the world tends to believe what they want to, and not the truth. In Plato’s philosophical example of life in the â€Å"Allegory of the Cave† he explains and questions his views on human existence and the reality of things. Everyone has a different reality and a way that they perceive things but other factors like the media influence and persuade us. The media has the power through the radio, television, or other technologies to tell us things that might not even be true but we have to believe them because we don’t know what is true. The media even hides the truth in the news, has the ability to persuade us to believe something, and influences human existence. We rely on the news to know what is going on in the world, and we can’t really deny what they tell us because it’s their job to tell us the truth. There have been many mishaps where it has even been caught on television one example was on the news, â€Å"Taking her act one step further, this morning she appeared on a suburban street .. . paddling a canoe. There was one small problem. Just as the segment came on the air, two men waded in front of Kosinki . . . and the water barely covered their shoe tops! Thats right, Kosinskis canoe was in no more than four to six inches of water! † (Finkelstein 1). If the news decides not to tell the truth even if doesn’t prove their story, what reality is there if they can make up some random story with proof that they didn’t even tell the truth on television. The way that the media has the ability to tell us false stories, proves Plato’s theory, â€Å"†¦and he will be unable to see the realities of which in his former state he had seen the shadows; and then conceive someone saying to him, that what he saw before was an illusion†¦Ã¢â‚¬  (Plato 1). The ‘shadows’ that he saw represent the shadows that the television cast on the people watching to deceive and manipulate them to believe things that are not true. Then when someone told him that it was all an ‘illusion’ he realized that everything that was said to be true was all one big lie to make it seem like everything in the world was perfect. Plato had the right idea when he was explaining his theory and the synonymous examples he used which relates to the media, â€Å"†¦like the screen which marionette players have in front of them, over which they show the puppets† (Plato 1). This example of how the prisoners in the cave saw things relates to the way the news channels manipulate their jobs. The marionette players portray the reporters who report news to the public and the screen is the television which is the public’s way of getting information in the outside world. The ‘puppets’ that the marionette players use are the false stories that they use to tell us what they want us to know. The story from the water and canoe on the news story is a perfect explanation on how they ability to not only fool us but neglect us because we rely on the media to know what is going on in our world. To realize the media was one big lie and know that it was always something that we relied on and trusted because it has an image of being honest is unfair. The people who lie to us know the damage they are causing, yet they do not try to stop it from happening, â€Å"The business of the journalists is to destroy the truth; to lie outright; to pervert; to vilify; to fawn at the feet of mammon, and to sell his country and his race for his daily bread† (Swinton, 1). The truth of the media is ugly because all the journalists are doing this for is to get money or their ‘daily bread’. The business of the media is to treat us like their slaves and so that we help in believing what is false so that it satisfies them in making them more reliable. Seeing things might not always be a good thing because the media has the ability to manipulate our eyes with all the technology that they are capable of having, â€Å"†¦the prison house is the world of sight†¦Ã¢â‚¬  (Plato 2). The ‘world of sight’ are all the things that we see and can interpret which is the worst thing the media has the ability to persuade because they can turn something real into something that is totally fictitious but to our eyes can seem real. Our eyes are vulnerable into turning into a prison house perceiving all these lies that the media shows us. Plato had many ideas that not only related to reality but the branches of reality and the things we see everyday might not even be real, â€Å"†¦how could they see anything but the shadows if they were never allowed to move their heads† (Plato 1). The shadows again represent all the lies that media tells us and we can never turn back because since the media is so widespread and everyone believes what they tell us, for the reason that their job is entitled to. The persuasion and effect that it has on humans is ruining the existence of us as a whole because the vulnerable we get the worse the world will get. Our human existence is in crisis because of the influence the media has on us. When we see things the media shows us in commercials we react and get greedy so we want more things. The media has the power for humans to react a certain way or to change the beliefs and ways that we each are used to, â€Å"the â€Å"media† seems to be invisible, anonymous, everywhere and all-powerful—saturating us, and, at the same time, completely beyond us† (Esdale 1). The media has become an important factor in defining our future because it is always one step ahead of us but yet it has the ability to be ‘invisible’. When the time comes and we all realize that what we thought was true that was going on around the world was all a lie it will affect every single one of us, â€Å"will he not fancy that the shadows which he formerly saw are truer than the objects which are now shown to him† (Plato 1). This would be the first reaction that someone would have when they found out that the shadows which are the lies that are overcast upon us are not real, they would be likely believe what they did before then what all these new things that are known as the true realities. The reaction would be so astonishing, â€Å"When he approaches the light his eyes will be dazzled, and he will not be able to see anything at all of what are now called realities† (Plato 1). The light represents the truth coming towards him but his eyes won’t know how to react because they have been manipulated to believe in something else, but yet he still won’t be able to see these new truths. Plato had proven his theories with valuable information and it still affects us today in many areas of human experience. The media is important to what will happen even people don’t come to realize and identify fact from fiction. The media has the power to utilize us in manipulating us through television, persuading to believe in something, and it is starting to influence human existence. The world needs to question itself and speak up or else the power that is behind the lens will one day control us. Works Cited Esdale, Logan. â€Å"Living Under Media Influence† 15 June 2000. Finkelstein, Mark. â€Å"Up a Creek: Accusing Bush of Video Stunt, Today Gets Caught in Stunt of Its Own† NewsBusters. 14 Oct. 2005. Swinton, John. â€Å"Media Blacks Out the Facts or We are intellectual prostitutes† Heall. 1995.

For the Love of Ones Nation :: Political Governmental America Essays

For the Love of One's Nation The country is painted red, white, and blue and the national anthem is being heard nation wide. Everywhere you look you see little American flags posted in peoples front gardens or big flags hanging in their windows. Many stores are closed, even supermarkets usually open 24 hours close for a while, and those that are open for a while have all baked goods with American flags on them. People line the streets for parades, in big or small towns alike, and everywhere you look people are dressed in red, white, and blue. It could be no other day than the 4th of July in the United States. The big day when people remember history and unite together to enjoy their country's independence. This display of the American flag, the sound of the national anthem, and the pride people feel as they watch the morning parade is nationalism. To have the devotion to die for one's country, to hail to one's flag, to sing one's national anthem with pride, and to fear or hate others because they are not one of you are a few of the many characteristics of nationalism. Nationalism makes a person have love, pride, and an emotional union with the nation to which they belong. Being happy and loving one's nation can be a good thing as long as this pride is kept within reason and does not engulf a nations entire existence and lead to racism and the feeling of superiority towards others. A persons pride and loyalty for their nation-state has been a recent development, since previously a persons loyalty went to one's "crown, religion, city, or clan" (Weatherby, 39). A nation-state is a legal entity with people sharing a common identity, land, government, and independence, such as the former Soviet Union. Nationalism results from four types of bonds and is displayed through four types of symbols. However, even though nationalism can br ing nations together it can also hurt the unity of the entire world by causing nations to measure other nations by their own value system which leads to inferiority and racism. One bond of nationalism is common territory, which is a natural bond since people are located close to each other. When traveling to other countries or even other areas in your own nation a person would feel closer and sometimes more comfortable in the new place if they met someone who was also from where they lived.

Voices of Freedom Critique

This selection, Letter by a Female Indentured Servant, really gives you incite as to what life was like in the 1700s as an indentured servant. (Foner, 2011) The reader can really feel the pain she is going through while she was in America trying to pay her dues for passage to what they thought was the promise land. She wanted to ensure her father really knew what kind of horrible life she was living because of the details she included like she was whipped to the degree that she now serves the animals. Apparently, you didn’t speak of the horrible things that would occur as an indentured servant because she writes to her father that she hopes he will pardon the boldness of her complaints and she also hope that he will take pity on her. I feel like she would have been an indentured servant for a very long time because she writes to her father that she is banished forever from his sight and is practically begging for sympathy. Also read this  Critique of Stuff Is Not Salvation However, I am surprised that she was even allowed to write to her family because she describes her life as working very hard almost day and night and often in the horse’s drudgery with the slave masters saying that she doesn’t do half enough work. She also feels that this is the type of work she needs to do for the respect of her father, uncles, aunts, and all friends. On the complete and opposite side of the spectrum, the Letter by a Swiss-German immigrant to Pennsylvania shows that this immigrant was very content with his decision to come to America. Foner, 2011) He now lives in a free country where one can settle anywhere he wants when the land is bought or leased. He thinks a free country is where a person has the right to own property and he focuses on this one freedom and doesn’t even think about the other statues. This immigrant really feels he has in fact found the promise land and that he wants his family to come and join him. In my opinion, I think he c omes from a wealthier family, so maybe he didn’t have to work as an indentured servant because he could just pay for his travel to America. He also states he can buy things like shoes for more reasonably in Pennsylvania than in Germany. These two letters are taken from two very different perspectives and shows you how some people were treated inhumane and some were treated very kindly depending on their social statuses in the 1700s. In the except from The Interesting Narrative of the Life of Olaudah Equiano, or Gustavus Vassa, the African, he did not talk about the horrible treatment of a slave like beatings they would receive or how they were not fed but rather how they were ripped away from their family and friends. (Foner, 2011) The author wanted the reader to realize that they were parted from family and friends because of the greed of the white man and that this is the new refinement in cruelty during those times. He made it known that the only positive aspect of being a slave was at least they were able to be with their friends and family, but now the white man had taken that away. He is asking the white men to liv e up to their perceived belief in liberty and that all men are created equal according to their god. He also is asking, why the African people should give up their comfort of being together because the white men want their luxuries. In the excerpt taken from Pontiac, Speeches the author makes it known that the Indians were not backing down from the Englishmen because they were before the Englishmen and their ancestors had passed down the land to them. . (Foner, 2011) The Indians followed the Great Spirit which was like their idea of a god. The Great Spirit had told Neolin that the Indians had forgotten their customs and traditions and now had become more comfortable with the Englishmen which shamed their ancestors. Their god is basically trying to inform the Indians that if they get too close to the enemies then they will take all the land and food that they had worked so hard for and once they eliminated the English then they would be back in good graces with the Great Spirit. The moral of the story is to not let your guard down for a second, or the enemy will consume you and everything you own. From the article Petition of Committee in Behalf of the Freedmen to Andrew Johnson shows the author of the letter is pleading with the President not to take away their land that they worked so hard to keep after they were freed. (Foner, 2011) The freedmen are saying that they were abused and oppressed on the land and now should be allowed to purchase any land. Basically the freedmen now wanted equal rights because every other free person were allowed to purchase a home in their hometown so why shouldn’t the freed slaves be allowed to purchase land also. They felt like President Johnson was not upholding President Lincoln’s proclamation. Even though the freedmen tried so hard President Johnson did not change his policy. A Sharecropping Contract, shows that few former slaves were allowed to acquire land but not without completing hard labor on their part. Foner, 2011) Essentially, the former slaves were still working in the same capacity as they were before except this time they were able to sell some of the crops. They also had to pay for any damages made to the stock and had to supply everything that was needed to harvest the crops. The Freed men were the land owner’s employees instead of slaves. They also had to harvest one half of the crops for the land owner. This contract is very one sided, and I’m not sure that this is any better than being a slave.

Female Foeticide

Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs' power ‘to play God', of the role and limits of social legislation in tackling social problems; of ‘informed consent', and patients' rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and society and women's role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India's Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1994 Act is bot h prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders . Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(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:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(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. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India's Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)( c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I'll spend a couple of months in prison, but what's that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"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. † | | [ 19 ]. [18] Amendment of section 1 of th e Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal 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 recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 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 c linic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of 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. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other re lative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| | Female Foeticide Female Foeticide: A legal Analysis In 1988 there was an advertisement in the Diwali special number of a renowned Marathi magazine:[1] â€Å"Amniocentesis is a developed science To misuse it for abortion is a great sin. Better go in for sex-selection Read this book. Consult your family doctor for a sure way of begetting sons. Female foeticide is perhaps one of the worst forms of violence against women where a woman is denied her most basic and fundamental right- the right to life enshrined in Article 21 of Indian Constitution. Elimination of the girl child by way of selectively eliminating the female embryos or foetuses is an age-old phenomenon. It negates the fundamental right to equality guaranteed under Articles 14 and 15 of our Constitution. The traditional mentality of the Indian culture of preferring the boy baby over the girl child combined with the ultra modern technology has only succeeded in boosting the status conscious Indian families to perpetuate their choice making process of the girl child elimination in the most sophisticated and easiest way. To top it all, the ethically conscious medical profession has been able to bring down the already imbalanced sex ratio on to 927 women per 1000 men. [2] It raises important issues on the interfacing of technology, health and society, of misuse of medical technology, of using techno-centric solutions for social problems, of violation of the principles of medical ethics, of social and demographic implications of such technologies, of the decision making processes involving technology, which can have far-reaching social effects, of regulating the medical profession (specially reproductive technology) both internally and externally, of limits to research and the techno-docs' power ‘to play God', of the role and limits of social legislation in tackling social problems; of ‘informed consent', and patients' rights and doctors accountability, of the possible fall-out of the advent of New Reproductive Technologies (NRTs) from Sex Pre-Selection Techniques (SPSTs) to non-coital reproduction through IVF- ET or GIFF, surrogate motherhood to genetic engineering; of decision-making process in family and society and women's role (or lack of it) in them. All these interrelated issues mean something to all our lives as it defines the way we see our past, present and future. Traditionally the patriarchal families got rid of the â€Å"unwanted child† either by way of poisoning the new-born baby or letting her coke on husk or simply by crushing her skull under a charpoy. Since modern medical tests have made it easier to determine the sex of the child even before the birth of the â€Å"unwanted child†, the number has only shot instead of decreasing. In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. [3] Hence, the government was forced to pass the Pre Natal Diagnostic (Prevention) Act, 1994 in response to the increasing number of abortions performed on women carrying female foetuses. 4] Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. [5] Although India's Parliament passed the legislation in 1994, it could not become law until all state legislatures approved it. [6] The law finally took effect on January 1, 1996. The 1994 Act is bot h prohibitive and regulatory. Prohibitive: According to the Act the use of pre-natal techniques for the purposes of sex determination are prohibited. [7] The Act prohibits any person conducting prenatal diagnostic procedure from communicating to the pregnant women concerned or her relatives the sex of the foetus by words, signs or in any other manner. 8] The Act prohibits any Genetic Counselling centre, Genetic Laboratory and Genetic Clinic to conduct activities relating to pre-natal diagnostic technique unless it is registered under the Act or to employ anyone who does not possess the prescribed qualifications. The medical practitioners are prohibited to conduct such techniques at any place, which is not registered under the Act. Regulatory: The Act provides for the regulation of pre-natal diagnostic techniques. Prenatal diagnostic techniques may be used to detect genetic or metabolic disorders or chromosomal abnormalities or certain congenital malformations or sex-linked disorders . Prenatal Diagnostic Techniques may be employed only under specified conditions by registered institutions:[9] O  Ã‚  Ã‚  Ã‚   The tests can only be carried out on women who are either over the age of thirty-five; or O  Ã‚  Ã‚  Ã‚   Have had two or more miscarriages; or O  Ã‚  Ã‚  Ã‚   Who have been exposed to radiation, infection, chemicals or drugs which are harmful to the foetus; or O  Ã‚  Ã‚  Ã‚   The pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease; or O  Ã‚  Ã‚  Ã‚   Any other condition as may be specified by the Central Supervisory Board. It is very important to note that the Act permits use of such techniques provided the medical practitioner has explained all the known side and after effects of such techniques to the pregnant woman and more importantly, has obtained her written consent in the language she understands. 10] Persons working in the clinics, as well as women and their families who use the clinics; or are liable for fines and imprisonment for violating the Act. [11] The Act provides for the construction of a Central Supervisory Board [herein after CSB], which shall be established to advise the government on policy matters relating to pre-natal diagnostic techniques; to review the implementation of the Act and its rules; and to recommend changes in the Act and its rules. [12] The CSB has been assigned a very important function of spreading public awareness against the practice of pre-natal determination of sex and foeticide. The CSB shall meet at least twice a year to review the functioning of the Act and make recommendations for its better implementation. [13] An Appropriate Authority shall be appointed in States and Union Territories and regions wherein the authorities are empowered:[14] O  Ã‚  Ã‚  Ã‚   To grant, suspend or cancel the registration of genetic counselling centres, laboratories and clinics; and O  Ã‚  Ã‚  Ã‚   Also to investigate complaints regarding breach of the provisions of the Act or the rules. The Act lays down prohibition on the issuance of advertisements[15] relating to pre-natal sex determination by any person, organisation or institutional and provides that any contravention/Violations of the same will entitle the offender a punishment of 3 years imprisonment and/ or Rs. 10,000/- fine for the first charge, this increasing to Rs. 50,000/- fine and 5 years imprisonment for a second charge. [16] But there are various loopholes in the Act, which has made it a failure to a great extent thus letting the demons of female foeticide/infanticide survive and flourish! Hence, the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 was passed to plug the loopholes. THE PRE-NATAL DIAGNOSTIC TECHNIQUES (REGULATION AND PREVENTION OF MISUSE) AMENDMENT ACT, 2002: Objectives of the New Act: The practices relating to female foeticide and techniques connected with the same are considered discriminatory to the female sex and not conducive to the dignity of the women. The proliferation of the technologies mentioned above may, in future, precipitate a catastrophe, in the form of severe imbalance in male-female ratio. The State is also duty bound to intervene in such matters to uphold the welfare of the society, especially of the women and children. Therefore, the government felt the necessary to enact and implement in letter and spirit a legislation to ban the pre-conception sex selection techniques and the misuse of pre-natal diagnostic techniques for sex-selective abortions and to provide for the regulation of such abortions. Such a law is also needed to uphold medical ethics and initiate the process of regulation of medical technology in the larger interests of the society. Accordingly, it is proposed by the government to amend the aforesaid Act with a view to banning the use of both sex selection techniques prior to conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques with a view to ensuring their scientific use for which they are intended. The Amendment Act, 2002 seeks to achieve the aforesaid objects. Highlights of the New Act: 1. The Act provides for the prohibition and regulation of SD techniques before or after conception. [17] 2. For the words and brackets â€Å"the Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse)†, the words and brackets â€Å"the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)† shall be substituted. [18] This lays a lot of emphasis on the issue of female foeticide in particular. 3. Definitions of â€Å"conceptus†, â€Å"embryo† and â€Å"foetus† have been laid down specifically, which helps in determining the cause and stage of use of PNDT. [19] 4. The Explanations added to Sec. (ii) in clause (d), (e) and (g) have enlarged the scope of the Act to include even the portable PNDT equipment/machinery. [20] 5. Qualifications of a genetic has been upgraded. [21] 6. Amendment of section 17 of the principal Act re ads as follows— â€Å"(e) to take appropriate legal action against the use of any sex selection technique by any person at any place, suo motu or brought to its notice and also to initiate independent investigations in such matter† This provision has given extra scope to the authorities for the utilisation of the powers to fulfil their duties. 7. Insertion of new section 17A. -After section 17 of the principal Act, the following section is proposed to be inserted, namely:— â€Å"17A. Powers of Appropriate Authorities. The Appropriate Authority shall have the powers in respect of the following matters, namely:— (a)  Ã‚  Ã‚  Ã‚   summoning of any person who is in possession of any information relating to violation of the provisions of this Act or the rules made thereunder; (b)  Ã‚  Ã‚   production of any document or material object relating to clause (a); (c)  Ã‚  Ã‚  Ã‚   issuing search warrant for any place suspected to be indulging in sex selectio n techniques or pre-natal sex determination; and (d)  Ã‚   any other matter which may be prescribed. †. This provision is very much in tune with the objective of Section 17 (e). 8. Provision with regard to the advertisements has been made more stringent. [22] 9. Definitely, the strongest provision of the Bill is the new section 24, which if brought to effect shall wipe all doubts with regard to the application of penal provisions to women undergoing the PNDT tests. The rovisions has rightly identified the problems of women in the cases of PNDT as in most cases, women are forced to go for these test or to forgo their marital lives their homes, even their lives. [23] Drawbacks of the new Act: I. Amendment of section 3. -In section 3 of the principal Act, for clause (2), the following clause shall be substituted, namely:— â€Å"(2) No Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall employ or cause to be employed or take services of any person, w hether on honorary basis or on payment who does not possess the qualifications as may be prescribed. † The Section is negatively worded which gives a scope for the people specifically excluded in the provisions to take advantage of the loophole. Instead, if the provision was positively worded in the sense that it lad down as to who is eligible to carry the PNDT under the circumstances specified under the Act, it would have restrained anyone who is otherwise not specifically authorised to conduct such tests. II. Section 3B: Prohibition on sale of ultrasound machine, etc. , to persons, laboratories, clinics, etc. , not registered under the Act. – No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act. † Though this is a strongly worded Section, which aims at curbing the clandestine sale of the PNDT equipments, it suffers from a major drawback. The Act or he Section does to talk about the manufacturing of these equipments because since manufacturing is the first step towards the black-marketing and other misuses. As such, there have to be specific guidelines as to the manufacturing. The manufacturing license should be issued only to the Governmental Institutions so that the monitoring becomes so much easier because of the control that he Government can exercise over these institutions. Also very closely linked to above point is the licensing function. If licenses for prenatal diagnosis were granted only to government institutions, the task of vigilance would be further simplified. The ban on misuse of techniques for SD imposed upon government institutions has not been violated for the past 15 years. Also there is no provision to the effect that the registration of the portable PNDT machinery/equipment’s are also registered. III. Amendment of section 4. -In section 4 of the principal Act, for clauses (3) and (4), the following clauses shall be substituted, namely:— â€Å"(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:— The provisions of this section prima facie seem like a good provision but are a toothless one. The issue is that though citing a reason which satisfies the condition precedent laid down in the Act before the PNDT tests are conducted, the provisions misses out a crucial point. It does not mandate for the production of the documents to prove that the condition in fact, is satisfied and is very much in spirit wit the object of the Act. Also should be included in this provision the requirement t record al these documentary proof which shall be made available for verification by the CSB/SSB, etc. IV. Section 13 sub clause (vi) Any other condition as may be specified by the Board: This provision gives a lot of discretionary powers to the Boards, which have to be curtailed in the form of the guidelines. V. Amendment of section 5. In section 5 of the principal Act, for sub-section (2), the following sub-section shall be substituted, namely:— â€Å"(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. † This provision has practical difficulties in terms of implementation. It is suggested by the author that a kind of code system be adopted whereby the tests which have satisfied the conditions of the Act be given a code number and sent for testing in a place which is authorised to conduct he tests for a particular area or region. This is to ensure that there exists no direct links between the family concerned and the medical practitioner who can convey the sex of the foetus, which might lead to the death of the foetus in case it turns out to be a female. This is because though the provisions bar the practitioner from conveying in any manner whatsoever, the proof that the same has not been conveyed cannot be assured. VI. Automatic suspension/cancellation from the Registry of Medical Practitioners of the name of doctors found guilty by the court without referring the matter to the Medical Council. VII. Insertion of new section 16A. -After section 16 of the principal Act, the following section shall be inserted, namely:— â€Å"16A. Constitution of State Supervisory Board and Union territory Supervisory Board. (1) Each State and Union territory having Legislature shall constitute a Board to be known as the State Supervisory Board or the Union territory Supervisory Board, as the case may be, which shall ha ve the following functions:— (10) In respect of matters not specified in this section, the State Board shall follow procedures and conditions as are applicable to the Board. † There are no rules and regulations with regard to the powers of the Boards as to in what way the powers have to be synchronised to fulfil their duties and function as specified in the Act. Also, this Section suffers from a serious defect. That is the Section has adopted a very top-down approach, which has been time and again proved to be ineffective and fruitless. Therefore, the approach should have bee a grass-root eve approach. This is even more applicable n the cases of PNDT because of the Act that a good chunk of cases are from rural areas which are very difficult to monitor and control. A Panchayat level machinery working hand in hand with local rural institutions like the Anganwadis and the school would be an idea way to tackle and combat the problem of PNDT. VIII. Also the Act has certain vague and ambiguous terms and expressions like â€Å"eminent† which are very problematic as to how they should be interpreted and put to use. IX. Punishable with imprisonment for a term, which may extend to three years and with fine which may extend to fifty thousand rupees for the first offence and for any subsequent offence with imprisonment which may extend to five years and with fine which may extend to one lakh rupees. The hike in the fines though would be applicable to the urban areas, it’s a mere letter of black and white on the paper when it comes to the rural areas. The rural people who, more often than not are extremely poor, are in no position to pay those high fines, which makes the provisions a redundant provisions. Instead, thee ha to be a mechanism whereby these people can be sensitized to the problems associated with the girl child. It is the firm belief of the author that public awareness is a much better and powerful tool than mere fines, especially with regard to the rural poor. X. A major hurdle in the endeavor to prohibit sex determination and regulation of PNDT techniques is that there is no proper duty laid upon any of he authorities in the Act. There is no penalty attached for non performance of the duties- commission or omission- cast upon the authorities. Especially in the light of the fact that so far the CSB have never met regularly as per the provisions of the Act. XI. The Financial Memorandum affixed to the Bill with regard to the expenses falling under Section 16 A of the Act has no regulation with regard to transparency, a ccountability, and regulatory body. This is very problematic and might just prove to be plunder’s paradise. ——————————————– [ 2 ]. [1] See, http://www. evesindia. com/health/features/reprod_health. html, visited on 10/10/02. | | [ 3 ]. [2] Id.. | | [ 4 ]. [3]In one hospital, a study showed that out of 8,000 abortions performed, 7,999 were female foetuses. See Shailaja Bajpai, India's Lost Women, World Press Rev. , Apr. 1991, at 49. Also see, Vidya Deshpande, Where have all the girls gone? , http://www. indianexpress. com/fe/daily/19991202/faf28033. html, visited 24/12/02. | | [ 5 ]. [4]John F. Burns, India Fights Abortion of Female Foetuses, N. Y. Times, Aug. 27, 1994, at 5, available in LEXIS, News Library, Curnws File. | | [ 6 ]. [5]Demographers pointing to such numbers have finally forced governments to take notice. Thus, India's officials banned couples from using â€Å"technical means† to determine the sex of a foetus. The Sexes; Disappearing Girls; In China, India and South Korea, A Gender Gap Causes Worries, Asiaweek, Mar. 3, 1995, at 32 | [ 7 ]. [6]See India Bans Abortions of Female Fetuses; Another Move to Help Protect Baby Girls, Chi. Trib. , Jan. 10, 1996, at 13, available in LEXIS, World Library, Allwld File. | | [ 8 ]. [7] Section 3. | | [ 9 ]. [8] Section 4(4)| | [ 10 ]. [9] Section 4| | [ 11 ]. [10] Section 5(1)( c)| | [ 12 ]. [11] See section 24. Common response to the Act has been â€Å"If I do get arrested, I'll spend a couple of months in prison, but what's that compared to a lifetime of misery trying to bring up a girl? â€Å"| | [ 13 ]. [12] Section 17| | [ 14 ]. [13] Section 18| | [ 15 ]. [14] Sections 20-21| | [ 16 ]. [15] Section 22| | [ 17 ]. [16] Section 23| | [ 18 ]. 17] The long title of the Bill that is proposed to substituted the present long title reads as follows:— â€Å"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. † | | [ 19 ]. [18] Amendment of section 1 of th e Act. | | [ 20 ]. [19] 4. Amendment of section 2. In section 2 of the principal Act,— (i) after clause (b), the following clauses shall be inserted, namely:— ‘(ba) â€Å"conceptus† means any product of conception at any stage of development from fertilisation until birth including extra embryonic membranes as well as the embryo or foetus; (bb) â€Å"embryo† means a developing human organism after fertilisation till the end of eight weeks (fifty-six days); (bc) â€Å"foetus† means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth’ | | [ 21 ]. [20] â€Å"Explanation. — For the purposes of this clause, ‘Genetic Clinic’ includes a vehicle, where ultrasound machine or imaging machine or scanner or other equipment capable of determining sex of the foetus or a portable equipment which has the potential for detection of sex during pregnancy or selection of sex before conception, is used. † | | [ 22 ]. 21] ‘(g) â€Å"medical geneticist† includes a person who possesses a degree or diploma in genetic science in the fields of sex selection and pre-natal 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 recognised under the Indian Medical Council Act, 1956 (102 of 1956); or (ii) a post-graduate degree in biological sciences. ’ | | [ 23 ]. [22] Substitution of new section for section 22. -For section 22 of the principal Act, the following section shall be substituted, namely:— 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 c linic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of 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. See also, Substitution of new section for section 16. –    | | [ 24 ]. [23] Substitution of new section for section 24. For section 24 of the principal Act, the following section shall be substituted, namely:— â€Å"24. Presumption in the case of conduct of pre-natal diagnostic techniques. -Notwithstanding anything contained in the Indian Evidence Act, 1872, the court shall presume unless the contrary is proved that the pregnant woman was compelled by her husband or any other re lative, as the case may be, to undergo pre-natal diagnostic technique for the purposes other than those specified in sub-section (2) of section 4 and such person shall be liable for abatement of offence under sub-section (3) of section 23 and shall be punishable for the offence specified under that section. †| |