Is it illegal to host a gender reveal party in India?

Irfan, the famous food and lifestyle youtuber from Tamil Nadu uploaded two videos in his YouTube channel Irfan’s view – one shot in Dubai where himself and his expecting wife get to know the gender of the baby hitting 1.1 million views and the other one shot in Tamil Nadu, India where they had a gender reveal party with their close friends and family and hit 2 million views.

Irfan made statements in the first video that diagnosing the gender of the foetus is a crime in India to eradicate female foeticide. Further, he goes on to explain how he is looking forward to having a girl child in the second video. The Tamil Nadu Health Department Officer and Authorities issued a notice to Irfan for breaching the PCPNDT Act. Certain sources cite that although the diagnosis took place outside India, the announcing of the sex of the unborn child took place in India and is against the said Act.

To be more precise, the PCPNDT Act deals with the following three aspects – prohibition of sex selection, regulation of prenatal diagnostic techniques and to prevent any misuse of sex determination. The said Act criminalizes any person who seeks the aid of a Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or of a medical geneticist, gynaecologist, sonologist or imaging specialist or registered medical practitioner or any other person for sex selection or for conducting pre- natal diagnostic techniques. It is pertinent to note that the Act is silent about the place and area of operation of the said Clinics and Centres.

It is a well-known fact that few people certainly travel abroad, especially to countries where diagnosing the gender of the unborn baby is legal, during their pregnancy to get the gender of the baby determined before birthing. The extent of female foeticide correlating with such an activity has not been researched or discussed about. In such case, whether such extra-territorial jurisdiction can be invoked on the pregnant woman and her partner/ father of the child in determining the liability is still questionable.

In Irfan’s case, the gender of the child was diagnosed in Dubai. Although Section 4 of the Indian Penal Code (IPC) provides for extra-territorial jurisdiction for any offences committed by any citizen of India in any place without and beyond India, the said provision provides extra territorial jurisdiction for offences mentioned only in IPC. Further the Gender Reveal party was hosted in India where the PCPNDT Act is applicable.

Although we very well know that there was no misuse of the prenatal sex determination and Irfan did not seek the aid of a Genetic Counselling Centre/ Laboratory or Clinic in India, Irfan being a celebrity influencer, the question also arises about the said videos if he endorses pre-natal diagnosis. Personally, having seen both his videos, it appears to me that had Irfan endorsed anything, it is the joy and excitement of having a girl child and not the diagnosing of sex of the unborn child. His videos might also have had a positive impact on the society that celebrities like him are genuinely excited to have girl children.

Further, it makes us ponder upon a scenario where Irfan had hosted the gender reveal party in Dubai with the same friends and uploaded the video, will it still be illegal, provided his entire fan-base is from Tamil Nadu. And, if a Tamil influencer residing in another country on YouTube posts gender reveal party where it is legal, and most of the audience being Indians, will the influencer be held liable. Such territorial laws based on customary practices gets affected by the blurring of jurisdiction by social media.