Complaint filed against doctor, publisher for sex determination article

Rita Dutta - Mumbai

Continuing with its crusade against sex selection, CEHAT, a city-based NGO has lodged a complaint with the executive health department of Brihanmumbai Municipal Corporation (BMC) and Maharashtra Medical Council (MMC) against a Marathi magazine ‘Pranay Sparsh’ for having a cover story in its January 2005 issue suggesting home remedies which will help in conceiving a male child. The article namely “hamkhas mulga honyasathi-gharguti upchar’ by dermatologist and sex therapist Dr Devendra Jain states that following the tips will ensure a male child by 75 to 80 per cent. The complaint filed under Sec 22 of the Pre-conception and Pre-natal Diagnostic Techniques (PCPNDT) Act 1994 asks for arrest of Dr Jain, who runs a clinic in the outskirts of the city, along with the publisher Anil Dubey and deregistration of Dr Jain by the MMC.

According to Kamayani Bali Mahabal, advocate, CEHAT, “Contravening the PCPNDT Act, 1994, the article suggests for having a male child, one shall have sexual intercourse a week before the ovulation as large quantities of sperms and semen will be stored. The article states that by using method of doushing, one can maintain alkaline nature of vagina that helps in having a male child.” To achieve that, the article states, take two spoons of baking soda dissolved in a quarter litre of water and then inject it into the vagina.

“The article also makes this ridiculous assumption that if one wants a male child, then it is necessary for a woman to achieve orgasm before ejaculation, and hence one needs to practice achieving orgasm for birth of a baby boy. Regarding the dietary intake, the article states that women should have more salt, potassium, tea and coffee in her diet and refrain from having eggs and milk for having a male child,” points out Kamayani

It further informs that specialist doctors can increase chances of having a baby boy. “It states that if the intake of potassium and sodium are four times higher than calcium and magnesium, then the chances of having baby boy is increased,” adds Kamayani.

As the per the PCPNDT ACT, section 22, no person, organisation, genetic counseling centre, genetic laboratory or genetic clinic including clinic, laboratory or center having ultrasound machine or imaging machine or scanner or any other technology capable of undertaking determination of sex of the 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.

When contacted by this reporter, Dr Jain said, “Yes, those are mere postulations and not scientific facts. It was not necessary to give scientific facts as I was writing for the layman and not for a medical journal.” When asked whether he is aware that he has violated PCPNDT Act, he replied,” I have not violated it, as I did not suggest ways to detect the sex of the child.” However, according to Kamayani, the Act clearly states that even publishing an article on sex selection is prohibited.

The article has evoked varied reactions from the medical community. Opines Dr Sanjay Nagral, former assistant editor, Indian Journal of Medical Ethics, “It is dangerous to publish such an article, but I am not shocked. Who says doctors always preach scientific facts?”

According to Dr Duru Shah, president-elect, FOGSI, “There is no scientific evidence that proves that certain techniques/dietary habits help one to have a male child. These are unscrupulous doctors who misguide people.” She narrated an incidence where a doctor had adviced a pregnant woman’s husband to have spinach soup daily to ensure male child. “How can the sex of the child change, when the woman had already conceived?”

Dr Arun Bal, founder member, ACASH, is more harsh in criticism. “It is irrelevant whether a doctor or layman has written the article. What’s more important is that PCPNDT Act has been violated and the person needs to be punished.” In another case, CEHAT has filed a complaint at the Satara district court for arrest of Dr Ramesh Kadam and Dr Ambadas Kadam, who were caught red handed for conducting ultrasound for SDT.

“Both the doctors have violated Sec 23 of PCPNDT Act and are punishable with imprisonment for a life term extending three years and a fine extending Rs 10,000,” added Kamayani.

rita@expresshealthcaremgmt.com