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.
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
|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
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
cc- 1) Director, PNDT Division, New Delhi
2) Cybercrime cell, Mumbai
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