Sex determination reported in Karnataka for first time

CHITRADURGA: Despite knowing that sex determination is an offence, a gynecologist at Challakere has disclosed the sex of a six-month fetus and violated the rules framed under the PDPNDT act. This prompted authorities to initiate legal proceedings against the doctor and the clinic which she runs. 

Speaking to The New Indian Express deputy director PCPNDT Dr Prabhu Gowda said, "Dr Shankara Lakshmi, who committed the crime, has accepted her crime and said that at the behest of the patient, sex determination was done and the drugs for aborting the female fetus were administered. This is the first such incident accepted by a doctor in Karnataka." 

However, on knowing the incident, DHO Dr B V Neeraj admitted the patient to the Challakere taluk hospital where the condition of the patient is safe and the fetus is also normal and healthy as the medicines to counter the abortion drugs were administered within 48 hours. 

He also said he received a lot of complaints against the doctor about sex determination and aborting female fetuses. His team was about to raid the clinic when the said incident came to light.

Disciplinary action will be initiated by the Karnataka Medical Council and legal proceedings would be conducted by the PDPNDT department in court. 

Dr Prabhu Gowda also said the scanning machine and documents needed to prove the crime have also been seized. The doctor's admission of the crime has only strengthened the case.

Further, the clinic and the doctor will be thoroughly investigated to find out whether the clinic was previously involved in such crimes or not.

The KMC would also be recommended that the doctor's licence be suspended and criminal proceedings be initiated against her. 

Background of the incident
Dr Shankara Lakshmi who runs Lakshmi Srinivas Nursing Home, determined the sex of a six months old fetus on January 29, of a patient from Vishweshwarapura village of Challakere taluk, who came for a routine health check-up. 

According to the doctor, the patient claimed she was being relentlessly tortured by her husband over girl children and that it would be hard for her to have a third girl child. So she pressurised the doctor to determine the sex of the child, who in turn bowing to the pressure, said the present fetus was also a female child. 

After coming to know the sex of the child, the lady requested the doctor to administer the abortion drugs and consumed one of the tablets. When the patient's husband came to know of the incident, had an altercation with the doctor. Later, he complained about the incident to the Taluk Health Officer, who in turn brought the incident to the notice of the DHO. 

The DHO visited the spot on Wednesday and investigated the place. The same was reported to the state level PCPNDT directorate, who also visited the spot on Thursday, searched for all the necessary documents, seized the machines and documents. 

At the same time, they also found that some documents were found in the dustbin of the scanning room and they were also seized. The team also held a meeting at Chitradurga and suitable criminal cases are to be lodged for the violation of section 4, 5 and 6 of  PCPNDT act.
Legal expert Akhila says there were about 80 suspected cases in Karnataka and they are being probed in various stages. 

What the law says
The Post-Conception Pre-Natal Diagnostic Techniques Act, 1994 bans the use of sex selection techniques after conception and prevents the misuse of prenatal diagnostic technique for sex-selective abortions. It is used to detect genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations, haemoglobinopathies, sex-linked disorders and others. In cases like these, it is allowed to abort the fetus. 

Anyone who violates the Act in any way is sentenced to three years of imprisonment and is required to pay a fine of Rs 10,000. For non-specific violations, the punishment is up to three months imprisonment or a fine up to Rs 1,000 or both for the first time that an offence is committed. Along with this, the doctor's Medical Council registration will be suspended. 

In case of the offence is committed again, a fine of Rs 50,000 will be imposed along with five years in prison. Along with this the doctor's licence will be permanently cancelled.