Chapter I Chapter I

Preliminary

Short title, extent and commencement.--(1) This Act may be called the Jammu and Kashmir Preconception and Prenatal Sex Selection or Determination (Prohibition and Regulation) Act, 2002.

1. (2) It shall extend to the whole of the State of Jammu and Kashmir.
2. (3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

Definitions.--In this Act, unless the context otherwise requires-

1. (a) "Appropriate Authority" means the Appropriate Authority appointed under section 17 ;
2. (b) "Board" means the State Supervisory Board constituted under section 7 ;
3. (c) "Genetic Counselling Centre" means an Institute, Hospital, Nursing Home or any place, by whatever name called, which provides for genetic counselling to patients ;
4. (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 be within the definition of Genetic Clinic for purposes of this clause.
5. (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;
6. (f) "Gynecologist" means a person who possesses a post-graduate qualification in Gynaecology and Obstetrics ;
7. (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.
8. (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 a conceptus for being sent to a Genetic Laboratory or Genetic Clinic for conducting prenatal diagnostic test ;
9. (j) "Prenatal diagnostic techniques" includes all prenatal diagnostic procedures and prenatal diagnostic tests ;
10. (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 malformations or haemoglobinopathies or sex-linked diseases ;
11. (l) "Prescribed" means prescribed by rules made under this Act;
12. (m) "Registered Medical Practitioner" means a medical practitioner who possesses any recognized medical qualification as defined in clause
13. (h) of section 2 of the Indian Medical Council Act, 1956, and whose name has been entered in a State Medical Register;
14. (o) "Specialist" means a person who possesses any of the medical qualifications recognized under the Indian Medical Council Act, 1956, or a post-graduate qualification in Gynaecology and Obstetrics or Radiology or Sonography and is registered for such practice ; CHAPTER IIa Mom of Gtnetic Counsel&@ Centres, Genetic Lnboratories and C+ne$c Clinics

Regulation of Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics.--On and from the commencement of this Act-

1. (a) no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic, including Clinic or Laboratory or Centre having Ultrasound Machine or Imaging Machine unless registered under the Act shall conduct or associate with, or help in, conducting any prenatal diagnostic techniques ;
2. (b) no Genetic Counselling Centre, Laboratory or Genetic clinic shall employ or cause to be employed any person who does not possess the prescribed qualifications ;
3. (c) no Medical Geneticist, Gynaecologist, Paediatrician, Registered Medical Practitioner or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person, any prenatal diagnostic techniques at a place other than a place registered under this Act ; and
4. (d) no person including a specialist in the field of infertility shall act or cause to be conducted or aid in conducting by himself or through any other person, a preconception sex selection technique on a woman or a man or on both or on any tissue, conceptus, fluid or gametes derived from either or both of them.

Regulation of Prenatal diagnostic techniques.--On and from the commencement of this Act-

1. (a) no place including a registered Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall be used or caused to be used by any person for conducting prenatal diagnostic techniques except for the purposes specified in clause
2. (b) and after satisfying any of the conditions specified in clause
3. (c) ;
4. (b) no prenatal diagnostic techniques shall be conducted except for the purposes of detection of any of the following abnormalities, namely-
   • (i) Chromosomal abnormalities ;
   • (ii) Genetic metabolic diseases ;
   • (iii) Haemoglobinopathies ;
   • (iv) Sex-linked genetic diseases ;
   • (v) Congenital anomalies ; or
   • (vi) any other abnormalities or diseases as may be specified by the State Supervisory Board.
5. (c) no prenatal 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-
   • (i) age of the pregnant woman is above thirty-five years ;
   • (ii) the pregnant woman has undergone two or more spontaneous abortion or foetal loss ;
   • (iii) the pregnant woman had been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals ;
   • (iv) the pregnant woman has a family history of mental retardation or physical deformities such as spasticity or any other genetic disease ;
   • (v) any other condition as may be specified by the Central Supervisory Board ;
6. (d) no person, including a relative or the husband of the pregnant woman shall seek or encourage the conduct of any prenatal diagnostic techniques on her except for the purpose specified in clause
7. (b) ; and
8. (e) no person, including a relative or husband of a woman or wife shall seek or encourage the conduct of any preconception sex selection technique on her or him or both.

Written consent of pregnant woman and prohibition of communicating the sex of foetus.--(1) No person referred to in clause

1. (2) of section 3 shall conduct the prenatal diagnostic procedures unless,--
   • (a) he has explained all known side effects and after effects of such procedures to the pregnant woman concerned ;
   • (b) he has obtained in the prescribed form her written consent to undergo such procedures in the language which she understands ; and
   • (c) a copy of her written consent obtained under clause
   • (b) is given to the pregnant woman.
2. (2) No person conducting prenatal 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.
3. (3) Any person conducting Ultrasound Scanned Procedure on any pregnant woman shall keep complete record of such scanner indicating her complete name, address, husband's name as well as name and address of the referring medical practitioner and the reasons requiring such test/procedure etc.

Determination of sex prohibited.--On and from the commencement of this Act,--

1. (a) no Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall conduct or cause to be conducted in its Centre, Laboratory or Clinic, prenatal diagnostic techniques including Ultrasonography, for the purpose of determining the sex of a foetus ;
2. (b) no person shall conduct or cause to be conducted any prenatal diagnostic techniques including Ultrasonography for the purpose of determining the sex of a foetus ; and
3. (c) no person shall, by whatever means, cause or allow to be caused selection of sex before conception.