#India-Illegal ads on #Google in contravention PCPNDT ACT


To

Corporate communication

Google, India

2 November 2012

Complaint—Regarding illegal ads on Google in contravention PCPNDT ACT

The Pre-Conception Pre-Natal Diagnostic Techniques (PCPNDT) Act has banned the promotion or advertisement of services that allows one to choose the sex of one’s baby. Yet, Google is carrying advertisements of  the link of IVF that leads to websites that offer these services. Each time a person clicks on the ad, these companies makes money.

The Indian law against sex selection is comprehensive.   Section 22 defines advertisement and Section 26 states the penalties for violation by Companies.  They are given below:

Section 22:  Prohibition of advertisement relating to pre-natal determination of sex and punishment for contravention.

1.    No person, organization, Genetic Counseling Centre, Genetic Laboratory or Genetic Clinic, including clinic, laboratory or centre having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of foetus or sex selection shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement, in any form, including Internet, regarding facilities of pre-natal determination of sex or sex selection before conception available at such centre, laboratory, clinic or at any other place.
2.    No person or organization including Genetic Counselling Centre, Genetic Laboratory or Genetic Clinic shall issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding pre-natal determination or preconception selection of sex by any means whatsoever, scientific or otherwise.
3.    Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees.

Explanation.—For the purposes of this section, “advertisement” includes any notice, circular, label, wrapper or any other document including advertisement through Internet or any other media in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal, light, sound, smoke or gas.

26. Offences by companies.

(1) Where any offence, punishable under this Act has been committed  by a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence punishable under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.–For the purposes of this section,– (a) “company” means anybody corporate and includes a firm or other association of individuals, and

(b) “director”, in relation to a firm, means a partner in the firm.

The Indian Parliament enacted a special law because the medical community was not self-regulating these serious violations of medical ethics. The practice of sex selection is prohibited while foetal sex determination is regulated.

The PCPNDT Act applies to advertisements and content that advertises sex selection or foetal sex determination  methods/procedures/techniques.  Any form of advertising in India that promotes techniques, products or procedures of sex selection, sex determination is a violation of the law.

In 2008, theSupreme Court of India had served notices to you,  yet  violations of the law continue with impunity and  in response Google had issued a statement saying  “The Google advertising program is managed by a set of policies which we develop based on several factors, including legal requirements and user experience. In India, we do not allow ads for the promotion of prenatal gender determination or preconception sex selection. We take local laws extremely seriously and will review the petition carefully.”

But once again sex selection ads are mushrooming in your search engine in India  and the   continued violation in the Indian Internet space by  your company is  shocking.

Although the google policy when you click here http://support.google.com/adwordspolicy/bin/answer.py?hl=en&answer=176072

India

Product Allowed? Details
Dowry requests  Not allowed Google doesn’t allow ads or landing pages that promote dowry requests or the offering or sale of dowry. “Dowry” means any property or valuable security given by the bride to the groom for marriage.
Doctor, lawyer, or accountant services  Not allowed Google doesn’t allow ads for services offered by doctors, lawyers, or accountants.
Gender or sex selection  Not allowed Google doesn’t allow ads or landing pages that promote the pre-natal determination of the gender of a child, or pre-conception selection of sex.
Infant food, milk substitutes, feeding bottles  Not allowed Google doesn’t allow ads or landing pages that promote or encourage the use of infant food, milk substitutes, or feeding bottles.

When  you  search of gender selection or sex selection on your search engine  you  get a sponsored ad

and when you  click the link you get
and further page says
There are more sites on google search as well violating the law like genselect.com
wherein you can also order the gender selection kit online

I demand you immediately remove gender /sex selection ads from  google search engine in India

Adv Kamayani Bali Mahabal, for Forum against Sex Selection (FASS) Mumbai

Mumbai

cc-  1) Director, PNDT Division, New Delhi

2) Cybercrime cell,  Mumbai

 

Petition to Union Health Minister- ” Abortion is not murder” #vaw #womenrights #reproductiverights


 

Respected Sir,

We strongly protest against the letter sent by the Maharashtra government to the Centre to amend the PCPNDT Act, 1994 so that sex selection can be treated as murder, punishable under section 302 of the IPC.First of all abortion should not be referred to as foeticide, which had anti-abortion implications. Women had the right to decide when and whether or not they should bear and give birth to children. Making sex-selective abortions (wrongly referred to as “female foeticide”) a murder charge, would only increase illegal abortions and also make access to safe abortion difficult.

All these years, women’s groups were fighting against sex selection not abortion. Now after Census 2011 and a huge dip in child sex ratio, the government has gone on the other extreme by trying to equate abortion with homicide.Womens movement has always demanded the continuous and strict monitoring of sonography centers, hospitals and nursing homes and strict action against all unlicensed centers. Instead of concentrating on this issue and doctors who misuse medical technology, the discussion in the letter focuses on abortions.

According to the PCPNDT Act, sex selection (the correct legal term) itself is a crime and the doctors involved should be punished as per the provisions under the act. The pregnant woman on whom sex selection is performed or undertaken is not an offender according to the act. This should be upheld in Maharashtra.

Safe and legal abortion is a woman’s right and abortion is legal in India. Medical Termination of Pregnancy (MTP Act) spells out the conditions under which it can be carried out. Sex-selective abortion, however, amounts to discrimination against a particular sex, in most cases, female sex. Sex-selection in favour of the male child is a symptom of devaluation of female lives. It is important to remember that those who want to use abortion for elimination of the female foetus have to first determine the sex of the child. Rightly, it is this process of pre-natal selection which is a crime, and it is being regulated and monitored through the Preconception and Pre Natal Diagnostic Techniques (Prohibition of Sex selection) (PCPNDT) Act.

Unless we are able to deal with all those social and economic factors that are going into the culture of son-preference and daughter-aversion, the child sex ratio will go on plummeting. But the solution is not to curb the legal right to abortion. Rather the PCPNDT Act should be enforced, and clinics that offer prenatal sex testing should be weeded out.

We condemn the demand to make abortion a crime and urged the government to stop using anti-abortion stand for curbing the plummeting child sex ratio. Checking pre-natal sex selection required the proper implementation of the PCPNDT Act and monitoring of sex-selective procedures by the government. It could not be achieved by introducing such draconian measures that curb women’s right to safe and legal abortion.

We demand that the law deals strictly with those who perform the crime of sex selection. The political protection to erring doctors is a serious problem in Maharashtra and the state government should take steps to put an end to political interference in implementation of PCPNDT Act, rather than focusing on abortion.

We do not endorse the view that abortion is homicide ,even as we fully agree that sex selective abortion is a crime that must be punished as per the PCPNDT Act. We demand the Centre to rejects Maharashtra Goverment’s recommendation to treat sex selection as homicide under Sec 302-IPC

Forum against Sex Selection ( Akshara Committed Communities Development Trust, Kamayani Bali Mahabal, Population Population first,Stree Mukti Sanghthana, Savitribai Phule Gender Resource Centre , Women Networking )

I support FASS ,in their demand and urge you to reject Maharshtra Governments recommendation to amend the PCPNDT Act, 1994 so that sex selection can be treated as murder, punishable under section 302 of the IPC

Sincerely,