Section 32 of The Assisted Reproductive Technology (Regulation) Act, 2021 in hindi
- (1)The clinic, or bank or agent thereof, shall not issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner including internet, regarding facilities of sex selective assisted reproductive technology.
- (2)Whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which shall not be less than five years but may extend to ten years or with fine which shall not be less than ten lakh rupees but may extend to twenty-five lakh rupees or with both.
Summary
- Clinics, banks, and their agents are strictly forbidden from issuing, publishing, distributing, or communicating any advertisement regarding sex selective technology.
- This advertising ban applies to all formats, specifically including the internet.
- Breaking this rule carries a heavy prison sentence of between five and ten years.
- Offenders can also be forced to pay a fine ranging from ten lakh rupees to twenty-five lakh rupees, or face both the fine and imprisonment.
Practical examples
FAQ
1. Can a clinic advertise sex selection services if they only do it on social media?
No, the law specifically prohibits these advertisements in any manner, including on the internet.
2. What is the maximum prison sentence for advertising sex selective technology?
An offender can be punished with imprisonment for up to ten years.
3. Can a judge choose to only fine an offender instead of sending them to jail?
Yes, the law allows the punishment to be imprisonment, a fine, or both, meaning a fine alone is possible.
Test yourself
Q1.Under Section 32 of The Assisted Reproductive Technology (Regulation) Act, 2021, what is the consequence if an agent posts an online advertisement offering to help families have a baby boy?
Q2.Under Section 32 of The Assisted Reproductive Technology (Regulation) Act, 2021, does the ban on advertising sex selection apply to independent marketing agents or only to medical clinics?
Q3.Under Section 32 of The Assisted Reproductive Technology (Regulation) Act, 2021, what is the lowest possible fine a court can issue for publishing an advertisement for sex selection?
Q4.Under Section 32 of The Assisted Reproductive Technology (Regulation) Act, 2021, if a clinic puts up a billboard promoting guaranteed sex selection, can the judge choose to apply only a fine without any jail time?