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Online edition of India's National Newspaper Friday, September 28, 2001 |
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Opinion
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Medical milieu
THE DIRECTIVE ISSUED by the Supreme Court last week to the States
and Union Territories on the implementation of the Pre-Natal
Diagnostic Techniques (Regulation and Prevention of Misuse) Act
of 1994 is yet again suggestive of the long road from legislation
to executive action. While the rules relating to the enforcement
of the Act were formulated in 1996, the Central Supervisory Board
and corresponding bodies at the State level have hardly been
functional. If the Supreme Court, while hearing the Public
Interest Litigation, was constrained to call for an action taken
report within six weeks after noting the lack of progress by a
majority of States in identifying the authority that is to
enforce the provisions of the Act as well as the number of
unregistered laboratories in the country, it is because its
previous order of last May went unheeded by all the States except
Tamil Nadu and Kerala.
The medical profession has for sometime now been witnessing a
proliferation of diagnostic laboratories accompanied by
indiscriminate prescription of highly sophisticated scans with
little regard to the actual need among patients for such
techniques, with an underlying motive for hefty financial returns
among physicians as well as laboratories. It was perhaps only a
matter of time before prenatal diagnosis began to assume the kind
of proportions it has in recent years. These are if anything
symptomatic of the formidable ground realities underpinning a
modernising society where the traditional framework is at once
steadfastly resilient and readily absorptive. Thus, patriarchal
prejudice resuscitates itself in the face of the onslaught from
developmentalism by a selective recourse to technological know-
how. A striking parallel perhaps is the renewal of caste
identities after the expansion of industrialisation, urbanisation
and other modern institutional arrangements, or the persistence
of untouchability, despite its legal abolition more than half a
century ago. Thus the whole gamut of issues relating to foeticide
pose a challenge at various levels and the scope for judicial
intervention is bound to be limited. Beyond legal remedies, any
real progress would ultimately hinge on a range of attenuating
circumstances such as women's education and employment, economic
independence and decision making power. It is noteworthy,
especially in the context of the comparison made, on the one
hand, between the overall economic advances made by Punjab and
Haryana and the contrasting adverse sex ratio among children in
these States, on the other, that not all of these variables
necessarily presuppose or follow one another. On the contrary,
regions that are relatively less advanced economically but have
made significant strides in each of the above indicators may well
account for fewer instances of foeticide.
Against this general scenario, reading a direct correlation
between sex determination of foetuses and the adverse sex ratio
among children seen in the provisional results for the 2001
population census may be unwarranted. For besides the prevalence
of foeticide, demographers have alluded to better reporting of
age among boys and girls in the 0-6 category and higher female
mortality among factors that contribute to an adverse sex ratio.
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