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A prominent YouTuber, Irfan, known for his food vlogging on the channel "Irfan's View," has sparked a legal controversy in India by revealing the sex of his unborn child in a video. The uproar began when Irfan posted footage of his pregnant wife undergoing a prenatal sex determination test at a hospital in Dubai. In the video, Irfan noted that while such tests are legal in Dubai
A prominent YouTuber, Irfan, known for his food vlogging on the channel “Irfan’s View,” has sparked a legal controversy in India by revealing the sex of his unborn child in a video. The uproar began when Irfan posted footage of his pregnant wife undergoing a prenatal sex determination test at a hospital in Dubai. In the video, Irfan noted that while such tests are legal in Dubai and other countries, they are prohibited in India.
The Incident
Irfan shared a video showing his wife undergoing the prenatal test in Dubai, explaining that prenatal sex determination is permissible there. He remarked, “When I was born in 1993, my mother knew my gender. It was not a big issue then. It was stopped because many mad people were discriminating against the female gender.” This revelation led to significant backlash in India, where the practice is banned under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.
Legal Response
The Tamil Nadu Health Department issued a notice to Irfan, accusing him of violating the PCPNDT Act. The department demanded that Irfan remove the video from his channel, emphasizing the illegality of prenatal sex determination and disclosure in India. Although Irfan promptly deleted the video, the incident has ignited a broader debate about the stringent regulations governing prenatal diagnostic techniques in India.
The PCPNDT Act
The PCPNDT Act was enacted in 1994 to combat female foeticide and improve the declining sex ratio in India. Key provisions of the Act include:
Prohibition of Sex Selection: The Act bans sex selection before or after conception.
Regulation of Diagnostic Techniques: It regulates the use of ultrasound and other prenatal diagnostic techniques, restricting their use to detecting genetic abnormalities and other specified conditions.
Ban on Communicating Foetal Sex: It prohibits any communication of the foetus’s sex to the pregnant woman or her relatives.
Advertisement Ban: Advertising prenatal sex determination services is illegal, with penalties including up to three years imprisonment and fines up to Rs. 10,000.
Penalties for Violations: Offences include conducting sex determination tests in unregistered facilities, sex selection on any person, and illegal sale or distribution of sex determination equipment.
Sex Determination in Dubai
Unlike India, prenatal sex determination is legal in Dubai and many other countries. The UAE, in 2010, permitted pregnant women to learn the sex of their unborn child, a law that has been exploited by affluent couples from India and China. In contrast, countries like the UK only allow gender selection for medical reasons.
Consequences for Irfan
Despite the test being conducted legally in Dubai, Irfan’s public announcement of the gender in India led to legal repercussions. The Tamil Nadu Health Department’s statement reiterated that both ascertaining and announcing an unborn child’s gender in India are prohibited. A memo has been issued to Irfan, and a letter was sent to the Cyber Crime Division to remove the video from social media platforms.
Broader Implications
This incident underscores the strict enforcement of the PCPNDT Act in India and highlights the ongoing issues surrounding gender discrimination. It also brings attention to the international practices and how they intersect with local laws, raising questions about the ethical and legal implications of such actions.
By addressing this case, Indian authorities aim to reinforce the importance of the PCPNDT Act in protecting against gender-based discrimination and maintaining ethical standards in prenatal diagnostics.
