Mandatory pre-natal tests to determine the sex of the fetus

Whether the mandatory pre-natal tests to determine the sex of the fetus infringe upon the right to privacy recognized under Article 21?

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Advocate By LEAD INDIA Answered: 20 Sep 2023

It is not legal in India to conduct mandatory prenatal tests to determine the sex of the fetus. The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) prohibits the use of prenatal diagnostic techniques for the purpose of determining the sex of the fetus. The Act also prohibits the disclosure of the sex of the fetus to the pregnant woman or her family members.

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