Import of Sex determination/ gender testing kits - violation of PC & PNDT Act, 1994 - reg. - Customs - F.No.528/1/2008-Cus(TU)

F.No.528/1/2008-Cus(TU) Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs 159A, North Block, New Delhi-1. 24th May, 2008 . Subject: Import of Sex determination/ gender testing kits - violation of PC PNDT Act, 1994 - reg. Sir / Madam, Kindly refer to the Board's letter of even number dated 18 th January, 2008 on the above subject, wherein the details about a new development of sex determination/ gender testing kits being freely available in upmarkets of certain cities and towns which has the potential to upset the efforts made by Government to contain declining girl child sex ratio, as given by Ministry of Health Family Welfare was brought to your attention. 2. In this regard, the Drug Controller General (I), Directorate General of Health Services had vide F.No. 6-2/Diag/1/08-DC dated 15.5.2008 had issued instructions to all Port Health/ Drug Controller offices (copy enclosed) informing that gender testing/ sex determination kits are being imported into the country for the purpose of determining the sex of the foetus through DNA analysis at home; the use of sex-selection techniques before or after conception as well as misuse of pre-natal diagnostic techniques for sex selective abortions are interalia prohibited under Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994. In view of this, the Drug Controller General had instructed that import of gender testing/ sex determination kits may not be permitted in the country and the customs authorities be advised accordingly. 3. In view of the above, Board directs that you may instruct all concerned officers of Customs under your jurisdiction to refer the imported consignments of gender testing/ sex determination kits to the Port Health Officer / Drug Controller, in order to obtain their clearance, before giving the Customs clearance for the imported goods/ consignment. The seriousness of the issue and the pernicious consequence of declining girl child sex ratio by use of such kits for illegal purposes of sex/gender determination may be brought to the knowledge of the field officers so that such imports are properly checked as above. Yours faithfully, (M.M. Parthiban) Director (Customs) Tel. 2309 3908 Fax: 23092173