COURTKUTCHEHRY SPECIAL STORY
Why Misuse of Portable Ultrasound Machines for Sex Determination Can Land You in Jail
Strict laws ban sex determination to protect unborn girls
Rampant misuse of portable ultrasound machines raises alarm across India
By Our Legal Correspondent
New Delhi: December 18, 2025:
The call by Karnataka’s Health Minister to regulate portable ultrasound machines has reignited debate on the misuse of diagnostic technology in India. While ultrasound is a vital medical tool for monitoring pregnancies and detecting abnormalities, its illegal use for sex determination of foetuses has been a major social and legal concern.
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India already has one of the strictest laws in the world—the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (PCPNDT Act)—to prevent female foeticide. Yet, rampant misuse continues, especially with portable machines that can be easily transported and used in secret.
The Law: PCPNDT Act Explained
The PCPNDT Act, 1994, amended in 2002, lays down clear rules:
- Ban on Sex Selection: No doctor, clinic, or customer can use ultrasound to determine the sex of a foetus.
- Registration Mandatory: All ultrasound machines and clinics must be registered with the appropriate authority.
- Record Keeping: Clinics must maintain detailed records of every ultrasound performed.
- Advertising Ban: Section 22 prohibits any advertisement offering sex determination services.
- Punishment: Violations can lead to imprisonment up to 3 years and fines up to ₹10,000 for first offences, with harsher penalties for repeat offenders.
Why Customers Could Get into Legal Trouble
Many people wrongly believe that only doctors or clinics are liable. Customers (patients or families) who demand sex determination are equally guilty under the law.
- Seeking Sex Determination: Even asking a doctor to reveal the sex of a foetus is punishable.
- Participating in Illegal Scans: Families who accompany or pay for such scans can face prosecution.
- Using Portable Machines: Buying or using portable ultrasound devices without registration is illegal.
Thus, customers can face criminal charges, jail time, and social stigma if caught.
Rampant Misuse of Ultrasound
Despite strict laws, misuse remains widespread:
- Portable Machines: Easy to hide and transport, making secret sex determination possible in rural areas.
- Unregistered Clinics: Many small clinics operate without proper licenses.
- Collusion: Families and doctors sometimes collude to bypass the law.
- Declining Sex Ratio: Misuse has contributed to India’s skewed sex ratio, with fewer girls being born compared to boys.
Reports suggest that illegal sex determination practices continue in several states, despite regular crackdowns.
Court and Government Action
- Supreme Court & High Courts: Courts have repeatedly upheld the PCPNDT Act, stressing strict enforcement.
- Delhi High Court (2025): Recently emphasized that misuse of medical technology cannot be tolerated.
- Government Drives: States like Maharashtra, Rajasthan, and Karnataka have launched special campaigns to monitor ultrasound use.
- Minister’s Call: Karnataka’s Health Minister has now demanded tighter regulation of portable machines, citing their misuse.
Impact on Society
- Protecting Girl Child: The law aims to prevent female foeticide and improve India’s sex ratio.
- Medical Ethics: Doctors are reminded that ultrasound is for health, not for sex determination.
- Consumer Awareness: Families must understand that asking for sex determination is a crime.
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Conclusion
The regulation of ultrasound machines is not just a medical issue—it is a social and legal necessity. The PCPNDT Act makes it clear: sex determination is illegal, punishable, and harmful to society. Customers, doctors, and clinics must all comply, or face serious consequences.
With portable ultrasound machines becoming more common, stricter monitoring is essential to prevent misuse. The Delhi High Court and state governments have sent a strong message: technology must serve life, not destroy it.
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