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BJP moots surrogacy laws to curb skewed sex ratio

BJP is keen on pushing the new surrogacy laws to curb the menace of illegal abortions, especially of female foetus, after sex determination tests.

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The Bharatiya Janata Party (BJP) is keen on pushing the new surrogacy laws to curb the menace of illegal abortions, especially of female foetus, after sex determination tests.

The private member bill moved by Devendra Fadvanis in the state assembly and Vinod Tawde in the state council to enact the Maharashtra Assisted Reproductive Technology (Regulation) Act, 2011, tried to bring in stricter laws and make it mandatory for clinics to not conduct sex determination tests in surrogacy cases.

“Advanced technology provides relief to childless couples who turn to surrogacy. But, it is likely to be misused by a few who want a male child. If we incorporate strict laws against sex determination tests, it could be adopted to fight the evil [female foeticide] which poses a bigger challenge to the society,” said Tawde. 

The Assisted Reproductive Technology (ART) bill, which the state government has promised to consider after studying the details, has dwelt on the challenges before the administration to curb the menace of skewed sex ratio in Maharashtra. In Mumbai alone, there are just 832 girls to 1,000 boys.

The provisions outlined in the proposed bill stated: “No clinic shall offer to provide a couple with a child of a pre-determined sex. It will be considered a criminal offence. It is prohibited to determine the sex of the foetus through the process of assisted reproductive technology.”

To plug the loopholes in the abortion laws, the bill also stated that no one will “knowingly provide, prescribe or administer anything that would ensure or increase the probability that an embryo shall be of an particular sex or that would identity the sex of an in vitro embryo, except to diagnose, prevent or treat a sex-linked disorder or disease”.

No ART clinic will carry out any assisted reproductive technology procedure to separate or yield fractions enriched in sperm of X or Y variations, the bill added.

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