Specific Legislations

for Women

Dr Richa Saxena
Assistant Professor
Faculty of Law
University of Lucknow
(Disclaimer: The E-content is exclusively meant for academic purposes and for enhancing
teaching and learning. Any other use of economic/ commercial purpose is strictly prohibited.
The user of the content shall not distribute, disseminate or share it with anyone else and its
use is restricted to advancement of individual knowledge. The information provided in this
e-content is developed from authentic references, to the best of my knowledge.)

The Indecent Representation of Women (Prohibition) Act, 1986

 To prohibit the indecent representation of women through advertisement or in publication,
writings, painting, figure or in any other manner the Parliament enacted the Indecent
Representation of Women (Prohibition) Act 1986.
 The Indecent Representation of Women (Prohibition) act 1986 came into force via
notification in official gazette on the 25th Sep 1987.
 Indecent representation of the women means depiction in any manner of the figure of the
women, her form or body or any part thereof in such way as to have the effect of being
indecent, or derogatory to or denigrating women, or is likely to deprave, corrupt or injure
the public morality or morals. 1
 The advertisement containing indecent representation of women and any book, pamphlet,
paper slide, film writing etc. which contains the indecent representation of women ,are
prohibited under the Act.2
 Any act in contravention of the sec 3 and 4 of the Act is punishable with imprisonment
either description of term which may extend to the two years and two thousands rupees on
first conviction and in case of subsequent conviction it is punishable with imprisonment
not less than six months but which may extend to five years and with a fine not less than
ten thousand rupees extending to one lakhs rupees. 3
 Offences Punishable under the Act are Cognizable and bailable.

Pre Conception and Pre Natal Diagnostic Techniques (Prohibition on Sex Selection) Act
1994

 Female Foeticide is one of the alarming issue in India. Respond to the alarming situation
where the right to get birth denied too the girl child, Parliament enacted The Pre Natal
Diagnostic Techniques (regulation and Prevention of misuse) Act, 1994. It prohibits
determination and disclosure of sex of foetus. The Act was amended in 2003 and renamed
that Pre – Natal Diagnostic Techniques (regulation and prevention of Misuse) Act 2002.

1
Sec 2(c) of The Indecent Representation of Women (Prohibition ) Act 1986
2
Sec 3 and 4 of The Indecent Representation of Women (Prohibition ) Act 1986
3
Sec 7 of The Indecent Representation of Women (Prohibition ) Act 1986
  It came into force on the Ist January 1996, and 2002 amendment came into force on 14 th
February 20003.
 The Act has the objective to prohibit the misuse of prenatal diagnostic techniques for
determination of sex foetus leading to female foeticide, to prohibit advertisement of the
techniques for detection and determination of the sex, to give permission to use such
techniques under such conditions by registered institutions and to provide deterrent
punishment to stop such inhuman acts of female foeticide.
 Any procedure, technique, test or administration or prescription or provision of anything
for the purpose of increasing the probability that embryo will of particular sex is called as
sex selection4.
 Sex Selection5and communication of the sex of the foetus6 is prohibited under the Act.
 Determination and Communication of the sex of the foetus is prohibited in the Act. 7
 Prenatal Diagnostic Techniques can be used on the Woman who is above the age of thirty
five years of age, has undergone two or more spontaneous abortions or fetal loss. 8
 It is also mentioned in the Act that before carrying pre natal diagnostic technique on the
pregnant women her consent is essentially required and copy of the written consent must
be given to her and she must be informed about the side effects and consequences of using
that technique on her.9
 It is provided in the Act that no genetic counselling centre, laboratory or clinic shall conduct
or employ any person who does not possess the prescribed qualification to help in
conducting activities relating to prenatal diagnostic techniques unless they are registered
under the Act.10
 The Act permits use of pre natel Diagnostic techniques only for detecting chromosomal
abnormalities, genetic metabolic diseases, haemoglobinopathies, sex linked genetic
diseases, congenital anomalies or any other abnormalities that may be specialised. 11
 The Act empowers and directs the central government to constitute and authority called
Central Supervisory Board for the purpose to advice the Government on policy matters
relating to the use of Prenatal diagnostic techniques, to review the implementation of the
Act, to create public awareness against the practice of prenatal determination of sex and
female foeticide, and to lay down code of conduct to be observed by persons working at
genetic counselling centre, genetic laboratories and clinics. 12

4
Sec 2(o) of the PC PNDT Act 1994
5
Sec 3A of the PCPNDT Act 1994
6
Sec 5(2 ) of the PCPNDT Act 1994
7
Sec 5 and 6 of PC PNDT Act 1994
8
Sec 4(3) of the PCPNDT Act
9
Conditions provided under sec 5 of the PCPNT Act 1994
10
Sec 3 of the PC PNDT Act 1994
11
Sec 4 of PC PNDT Act 1994
12
Sec 7 and Sec 16 of the PC PNDT Act 1994
  Registration is made mandatory for the Genetic Counselling Centre, Laboratories and
Clinics under the Act.13
 Every offence under the Act made cognizable, non bailable and non-compoundable.14
 Pregnant woman has given special protection under the Act as it is provided that unless
the contrary is proved, the court shall presumed that pregnant woman was compelled by
her husband and his relatives to undergo prenatal diagnostic tests and such person shall be
liable to abetment of the offence. 15
 Any medical geneticist, registered medical Practitioner, gynaecologist or any person
who owes the Genetic Counselling Centre, Laboratory or genetic Clinic or employed in
such centre, if contravenes any of the provision of the Act shall be punishable with
imprisonment for a term which may extend to three years with fine which may extend to
ten thousand rupees. The Subsequent act shall be punishable with imprisonment which may
extend up to five years and fine which may extend up to fifty thousand rupees.
 Any person who seeks the aid of Genetic Centre or the Laboratory, or clinic for the sex
selection or for conducting Pre Natal Diagnostic Techniques for the purpose other than
specified in the Act shall be punishable with imprisonment which may extend to three years
with fine with fine which may extend to fifty thousand rupees for the first offence and
subsequent offence shall be punishable with imprisonment which may extend up to five
years and fine which may extend to one lakh rupees.

13
Sec 18 of the PC PNDT Act 1994
1414
Sec 28 of the PC PNDT Act 1994
15
Sec 24 of the PC PNDT Act 1994