Supreme Court pulls up Microsoft, Google and Yahoo over sex determination ads

Source:- dnaindia.com

The Supreme Court on Thursday pulled up search engine giants Google, Yahoo, and Microsoft for allowing online advertisements on sex determination tests, prohibited in India. The apex court was hearing a Public Interest Litigation (PIL), which was filed in 2008 by Sabu Mathew George, seeking a ban on foreign websites which are soliciting couples to undergo sex determination tests.

SC ordered the three companies to set up an in-house mechanism to identify and block keywords indicative of sex determination in contravention to Section 22 of the Pre-Conception & Pre-Natal Diagnostic Techniques (PPDT) Act, 1994, under which sex determination tests are banned in this country.

It also expressed its deep concern for the dwindling sex ratio in India. The bench headed by Justice Dipak Misra commented how manipulation of sex ratio could result in a “disaster for mankind”.

This order was passed despite vehement objections by Google’s lawyer Ruby Ahuja and Senior Advocate KV Viswanathan. The arguments put forth by them included difficulties in setting up an in-house mechanism to monitor the entire internet. The order, they said, could also lead to a slew of complaints against them that had potential to convert into litigations.

The court also pulled up the tech companies for failing to implement auto block mechanisms. Ahuja argued that this was not possible since completely blocking certain search words would also restrict one’s access to scholarly articles on the topic.

The Supreme Court had earlier directed the Ministry of Health and Family Welfare to set up a nodal agency to enforce the ban on commercial advertisements and all forms of information on internet relating to pre-natal sex determination tests to find out whether a fetus is a boy or girl. Additional Solicitor General Ranjit Kumar representing the Centre submitted that as per previous court orders, the Nodal Agency has been set up, and is ready to assist in this matter. The matter will be next heard on April 11.

Back story

Prenatal sex determination was outlawed by the Parliament in 1994 to prevent sex-selective abortions. However, strict implementation of the law continues to be a problem. In 2015, SC had also expressed its dissatisfaction with the number of people booked for violating this law in certain states. Online, if you search “gender determination test” in a search engine, various links selling you kits online will pop up. Among those, there are a few DIY (do it yourself) tests to try at home. While these may be old wives’ tales, yet they are popular.

Despite sex determination during pregnancy being against the law, most sites do not reflect this information, except eBay (which categorically states that such kits are not available for sale in India). Google.in also carries an advisory on such links, which cites: “Warning, Be advised — Pre-conception and pre-natal gender screening or testing is illegal in India.”

Why sex determination is banned in india

Prenatal sex determination was banned in India in 1994, under the Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act.The aim of the Act is to prevent sex-selective abortion, which is prevalent even to this day, due to the preference of a male child in most families. This is also the main reason behind the skewed child sex ratio in the country.