EVALUATION OF PUMSAVANA VIDHI IN THE CONTEXT OF PRE-CONCEPTION AND PRE NATAL DIAGNOSTIC TECHNIQUE ACT (1994)

Abstract

Pumsavana vidhi is the procedure applied for the procreation of ideal and healthy progeny which contains pre-and post conception gender selection method (described in Ayurvedic sciences for the parents who want to have desired gender of child). There is a tendency among Indians and Asian parents to have male child. Because of this tendency, the male female ratio in India has lowered which is 1000:940 in 2011which is very bad. Pumsavana fulfils the desire of expected gender. There is a question among most of the Ayurvedic practitioners that in the light of Pre Conception and Pre Natal Diagnostic Technique Act 1994 the practice of Pumsavana process is legal or not? There are two main objects/parts of this act prohibition of sex selection by any means before or after conception, regulation of pre-natal diagnostic techniques to prevent their misuse for sex determination leading to female foeticide; and, for matters connected therewith or incidental thereto.

Headnote

ABSTRACT

Pumsavana vidhi is the procedure applied for the procreation of ideal and healthy progeny which contains pre-and post conception gender selection method (described in Ayurvedic sciences for the parents who want to have desired gender of child). There is a tendency among Indians and Asian parents to have male child. Because of this tendency the male female ratio in India has lowered which is 1000:940 in 2011which is very bad. Pumsavana fulfils the desire of expected gender. There is a question among most of the Ayurvedic practitioners that in the light of Pre Conception and Pre Natal Diagnostic Technique Act 1994 the practice of Pumsavana process is legal or not? There are two main objects/parts of this act 1) prohibition of sex selection by any means before or after conception, 2) regulation of pre-natal diagnostic techniques to prevent their misuse for sex determination leading to female foeticide; and, for matters connected therewith or incidental thereto. Gender selection means any sort of Procedure, Technique, Test, Administration, Prescription and Provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex. The Pumsavana vidhi (meant for desired sex i.e. sex selection) and the first object of PCPNDT Act are in line with each other and needs detailed analysis to cross check with the legal aspects there as to encourage or discourage the practice. This review article discusses the act & the procedure to.

KEYWORDS: conception, diagnostic techniques, Pumsavana vidhi, progeny, PCPNDT Act

INTRODUCTION

A specific procedure performed by couple to get the desired progeny is termed as Pumsavanavidhi / karma (measure which helps procreating male progeny) (P V Tivari, 2006). The intrinsic desire to have son (putraisana) is reflected in the literature from the very beginning as the son is supposed to make one immortal (P. V. Tivari, 2006). A very scientific description is given in Vedas that male seed is responsible for the birth of the son. Besides, coitus on even or odd days to get son or daughter is also mentioned (P. V. Tivari, 2006). In Ayurvedic classics, in addition to influence of days it is also mentioned that deposition of sukra over chandramukhi / candramasi and gauri nadi of vaginal canal is responsible for the birth of son and daughter respectively (Brahmashankar Mishra, 1933). The Pumsavana vidhi / karma done at appropriate time is so powerful that it can alter even destiny. It is to be done on pushya nakshtra immediately after conception or missed period and before clear manifestation of body parts of the foetus (which is visible in third month of pregnancy (P.V. Sharma, 2005 & 2011; Atrideo Gupta, 1993). As per Ayurvedic classics this procedure is done in two stages (1) before conception (2) after conception. Desired gender of fertilized ovum is thus achieved by administering Pumsavana before the foetus is manifested (P.V. Sharma, 2011).

The Pre- Conception & Pre- Natal Diagnostic Techniques Act, (1994) was enacted and brought in to operation from 1st January 1996 in order to check female foeticide and to control the declining sex ratio.The declining sex ratio of girls and women would lead to serious socio-cultural problems like violence and population imbalance. The issue of survival of girl child is critical one, deep rooted in society which needs systematic efforts in mobilizing the community. The main purpose of the act is to ban and prevent the use of sex selection techniques before and after conception as well as to prevent the misuse of such diagnostic techniques and to regulate them. Therefore it is necessary to eliminate the discrepancy and ambiguity of its use and to evaluate and study the legal aspects of Pumsavana Vidhi in the context of first part of PCPNDT act.1994 and to decide how it can be used in present social condition in the light of The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act and to create awareness among Ayurvedic practitioner before using it.

REVIEW OF LITERATURE

Gender selection

Gender selection means choosing the sex of a future child either before or after conception. In India it has been used to promote the birth of a male child, which exacerbates discrimination against female and thus contributes to decline in sex ratio. The efforts to affect the gender of a child prior to conception are of two types "biologic" and "symbolic." Biologic methods are concerned with the behaviour during copulation, the timing of copulation, and the diet of the female. Symbolic methods, in contrast, are mystical.

Pre -Conception Sex Selection

Biologic methods

Aristotle, Greek philosopher Anaxagoras and Hindu Tantrik texts have different views on Gender selection (Own D Jones, 1992). Aristotle states that strong vigour of male child increases the possibility of male child during copulation while the Greek philosopher Anaxagoras suggests copulation by sleeping on left side (as sperm from right side) is responsible for male child. According to Hindu Tantric texts at the moment of orgasm, if the "solar breath," (inhaling through right nostril) is taken, a male child could be expected and if "lunar breath," (inhaling through left nostril) is taken, a female child could be expected). Hindus consider sun to be masculine, while the moon to be feminine, fiery and cooling in energy. In the middle ages, when a woman desires to have a male child, it was advised to drink a concoction of wine and lion's blood (in proper proportions) and then copulate under a full moon while an abbot prayed for a boy (presumably from a safe distance)? The role of nutrition is important in influencing gender. Dietetic theories suggested eating various combinations of fish, seeds, sugars, peas, lettuce, cheese, salt, sweets, and even the testes of certain animals will give birth to male child (Own D Jones, 1992). Gender of child depends on the emission of semen during coitus by couple. Rabbi Isaac (Fred Rosner, 1979) in the Babylonian Talmud states that if a woman "emits her semen" first she bears a male child and if the man emits first she bears a female.

Shettles (online document) explains that male-desiring couples should have sex closest to the time when a woman's egg is released (ovulation). This way, the speedy male sperm could get to the egg sooner than the female one. The Y chromosome apparently also enjoys an advantage over its counterpart when the sperm is discharged as close as possible to the opening of the cervix. This is achieved through rear entry intercourse (man enters woman from behind). Parents desiring a girl, on the other hand, are encouraged to have sex in the missionary position (face to face, man on top) about two to four days before ovulation so that by the time the ova comes, only the heartier, more resilient X sperm will remain in the woman's reproductive tract.

Symbolic Methods

Symbolic methods (Own D Jones, 1992) for male child involves, hanging of one's trousers on the appropriate bedpost (Pennsylvania) and keeping poppies or sugar on the windowsill for female (Czechoslovakia and Hungary). or to conceive a male: women should dress like a man before intercourse (Palau Islands); a man should take an axe to bed with a woman while singing a prescribed song (Spessart Mountains of Germany); a young boy should be present in bed during intercourse (Yugoslavia); and the man should bite the woman's right ear before his orgasm (Italian Province of Modena) (Own D Jones, 1992).

Modern Methods

The gender of embryo is determined by X or Y chromosome. The sperm bears XY chromosome and is of two types. The sperm which contains X chromosome is termed as gynogenic sperm and those which contain Y chromosomes are termed as androgenic sperm. The X or Y chromosome fertilizes the ovum which bears X chromosome. The fertilization by Y chromosome results in male and those by X chromosome results in female. The Sex chromosome was discovered in 1924 (Theophilus S. Painter, 1924). MicroSort (MicroSort Technology, 1996) a method that involves separation of male sperm from the female - is the current gold standard. The technique involves separation of X- and Y- bearing sperm using laser light, dye, and a machine called a flow cytometer. Once the sperms are divided, the specimens are inserted back into the woman through artificial means, such as in vitro fertilization.

Other methods or techniques

Other methods practised are (1) timing of intercourse during the woman's menstrual cycle (Loras) (intercourse on odd or even days during ovulations period ) (2) the time of artificial insemination, (3) the provision of acidic (or alkaline) environments for sperm, (4) the degree of penetration, (5) a woman's diet. Intercourse on odd or even days, artificial insemination done during ovulation period will give expected gender. The androgenic sperm survive more in alkaline environment of female genital tract. The manipulation of sodium, potassium, and magnesium ions in a woman's body is important to obtain the expected gender (Stolkowski J, Choukroun, 1986). The intervention of ions in ovarian metabolism is obtained by controlling the diet of the woman, the decisive factor being the ratio of K++ Na+ to Ca2+ Mg2+ in the daily diet. High values of this ratio lead to male, and low values to female. Using this method since 1970 in 47 births, only 7 of them failed to produce the expected sex. (6) low or high sperm count within the female tract, (7) Another method of trying to conceive a child of a particular sex is to inject the woman with antibodies against androgenic (i.e., male-determining, Y-bearing) sperm or gynogenic (i.e., female-determining, X- bearing) sperm. (8) There has also been speculation "about the eventual development of a sex-selection pill which might, for instance, alter the ratio of androgenic and gynogenic sperm produced by the man, or induce the woman's immune system to selectively attack and destroy sperm of one or the other sort." (9) Development of a diaphragm which would allow only one type of sperm to pass through has also been suggested. (10) Currently the most promising methods of sex pre-selection are those involving the separation of androgenic and gynogenic spermatozoa followed by artificial insemination of a woman or in vitro fertilization with sperm of predominantly one type. Such methods increase the probability of conceiving a child of a particular sex.

Post conception Sex Selection

Post fertilization procedures (Loras) involve determining the sex of the child conceived through some form of prenatal diagnosis, such as amniocentesis or ultrasound, and then aborting a child of an unwanted sex. (1) Yet other methods which may be used for determining sex include removing chorionic placental tissue via the cervix and identifying Y-specific DNA, measuring the level of testosterone (a hormone produced more in male than in female foetuses) in maternal blood or saliva, determining fetal hormone levels in amniotic fluid, and assessing fetal blood cells in maternal blood. (2) In vitro fertilization (IVF) with pre implantation diagnosis also offers an opportunity for sex selection: the developing cells can be tested for sex, and only those embryos implanted which are of the desired sex. (3) It is likewise speculated that the experimental procedures of parthenogenesis and the fusion of ova could be used as sex selection technologies. (Loras college health ethics online document).

Ayurvedic methods -

Pre Conception Sex Selection

According to Charaka the women (who expect a son according to her desire) should perform the rites along with her husband and should ask the priest to sit to the south side of fire. She and her husband must sit to the west side of fire following the instructions of priest. In order to fulfil the son desire of women, the Priest pointing towards the 'Prajapati' should perform the desire fulfilling rites in the genital parts of expectant women with the recitation of mantras as "Vishnur Yonim'. Then he should cook the bolus in an earthen vessel, process it with ghee and offer as oblation to the fire for three times according to prescribed method. The priest should process and purify the water with sacred mantras according to own tradition and religion and give it to women saying any work associated with water should be done using this water only. On completion of rite the women should walk around the fire with her husband with right leg first, keeping in mind that the fire should be on right side. Then after the Brahmanas have invocated blessings and holy reading, the man should take the processed ghee first and then women without leaving any portion. Then the couple should join together to have sexual intercourse for eight successive nights with a desire of son that they want. The women who expects (a) son of sky complexioned with red eyes, broad chest and long arms or (b) black complexioned with black, soft and long hairs, white eyes-teeth, vigorous and self restraint sons then they should observe the same procedure to procreate the son they want. The women belonging to sudra clan should offer only salutation to Gods, fire, Brahmans, preceptor, ascetics, and accomplished persons. The women expecting son of particular country, state, nation etc should be advised to travel around these localities mentally and use diet, behaviour, regimens and apparels customary to the people living in those locality (P.V.Sharma, 2011).

As per Sushrut Samhita, the women after getting free from menstruation (on fourth day) and desiring a birth of a son should clean herself by bath, wear nice garment and ornament and appear before her husband after auspicious hymns have been chanted. It is very probable that the child born is like the man whom a woman shall see first just after she cleans herself (on fourth day). Therefore she should first glance at her husband. The husband should observe celibacy for a month and take milk, ghee and rice. The wife should also observe celibacy for a month and should take diet consisting of profuse oil, black gram. The couple should be anointed with ghee and oil. At night with words of love and encouragement the husband should win the affection of wife and have intercourse with her. For the want of son, the intercourse should be done on fourth, sixth, eighth, tenth, or twelfth night. Those who are willing the birth of daughter should have intercourse on odd nights beginning with fifth, seventh, ninth and eleventh night only. The intercourse on thirteenth and rest of nights are always to be deprecated (R.V. Patwardhan, 1943).

Post Conception Sex Selection

Embryo (one month) formed after intercourse is genderless mass. It is neither male nor female. Desirable gender can be established in such embryo by vedic rites properly performed and expected result can be certainly obtained on performing the action with favourable and excellent time and place otherwise not. Hence the pregnant women should undergo Pumsavana before the gender of embryo is established and before the signs and symptoms of gender in pregnant women appear. As the women becomes pregnant, immediately any one of the four herbal drugs (viz. Lakshmana, young buds of banyan, Sahadeva or Vishvadeva) is crushed in milk and three to four drops is administered through the right nostril of conceived women if she desires male child and if she desires female same drops is administered through left nostrils. Various formulations are used in pushya nakshatra to ensure the gender of embryo for e.g. 1) paste or solution of two young healthy undamaged clean leaf buds of banyan tree collected from north - east branch, two excellent black gram and powder of two white mustard seeds are crushed and mixed in curd. The paste or solution thus prepared is to be taken on Pushya nakshatra. 2) Drinking of processed milk made using the paste of Jivaka, rsabhaka, apamarga and saireyaka. 3) Kudyakitak (a type of insect) or Matsayka (a small fish) is given to drink in a handful of water in pushya star. 4) Drinking of milk, curd or solution made by heating the metallic (silver, gold or iron) image of beloved man and dissolving it in milk, curd or water, on Pushya star will give male gender to conceived women. 5) In Pushya star she should inhale the steam coming from Sali Rice while being cooked. 6) liquid solution prepared by mixing flour in water and pour a drop of liquid using cotton swab in the right nostril of pregnant women (P.V. Sharma, 2011)

Conception and Pre Natal Diagnostic Technique Act (1994)

Prior to the elimination of female foetus, the sex of the foetus is to be determined by amniocentesis, chorion villus biopsy and now by the most popular technique, ultrasonography. Once the sex of the foetus is determined, if it is a female foetus, it is often aborted under the supervision of medical practitioner. The continuous demand and easy money has lead to medical practitioners colluding with parents and relatives in doing sex determination tests. As a consequence sex determination centres have mushroomed in all parts of the country including small districts and villages. The increase in female foeticide has seen the proportionate decrease in female sex ratio and if this decline is not checked the very delicate equilibrium of nature can be permanently destroyed. The issue of female foeticide is one that needs to be addressed urgently. While it is a social problem requiring changing the mindset of people, yet all possible efforts need to be made at every level. Here the law can be used as an effective tool to create fear in the minds of those who resort to sex- determination tests or those who carry out such techniques (GOI, 2006).

Legal Initiatives

With the rise of pre-natal diagnostic techniques especially amniocentesis, the government in 1978 issued a directive banning the misuse of amniocentesis in government hospitals/laboratories. Thereafter due to the relentless efforts of activists, a law to prevent sex determination tests was passed in Maharashtra known as the Maharashtra Regulation of Pre-natal Diagnostic Techniques Act, 1988. Finally after intensive public debate all over India the Parliament enacted the Pre- Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act on 20th September 1994 (hereinafter referred to as the PNDT Act) to provide for the regulation of: the use of pre- natal diagnostic techniques for the purpose of detecting genetic or metabolic disorders or chromosomal abnormalities or certain congenital mal-formations or sex-linked disorders; for the prevention of the misuse of such techniques for the purpose of pre-natal sex determination leading to female foeticide; and for matters connected there with or incidental thereto. This Act came into force in 1996.

Amendments to the Act of 1994

During the course of the implementation of the said Act, certain inadequacies and practical difficulties in the administration of the Act came to the notice of the Government. At the same time techniques have been developed to select the sex of the child before conception which may further declines sex-ratio. After detailed deliberations, the PNDT Act has been amended and the Act has come into force with effect from January 2003. The main purpose is to ban the use of sex-selection techniques before or after conception as well as the misuse of pre-natal diagnostic techniques for sex selective abortions and to regulate such techniques. To make this clear, the long title of the Act has been suitably amended to read: "The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act.". The amended Rules have come into effect from 14th Feb, 2003 Sex selection "refers to means whereby the sex of an offspring can be chosen." This includes the use of reproductive technologies which attempt to achieve the conception of a child of a particular sex ( sex preselection ) and the abortion of a child of an unwanted sex. Sex selection includes: Procedure, Technique, Test, Administration, Prescription and Provision Of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular sex (GOI, 2006).

DISCUSSION

The methods described in Ayurveda and other medical science for selection of gender (particularly male child) includes pre conception and post conception methods.

The act prohibits the method or techniques adopted for the selection of gender before or after conception. As mentioned above the act possesses two parts, (1) pre conception methods for expected gender (2) post conception technique for desired male child. Gender selection includes any Procedure, Technique, Test, Administration, Prescription and Provision of anything for the purpose of ensuring or increasing the probability that an embryo will be of a particular gender.

Admission to life should not be conditional upon a child being of a particular gender. The PCPNDT Act prohibits all possible activities done by Ayurvedic methods to ensure and to increase the probability that the embryo or 'Garbh' is of a particular gender (especially that the embryo or 'Garbh' is male) the Pumsavana Vidhi is also prohibited as it ensures and increases probability that the embryo is of a desired gender. No one can - select gender nor follow the pre conception procedures like, performing ritual rite for the want of son, diet that promotes and ensures the birth and development of son or selecting odd or even days for coitus to ensure the gender of embryo. Post conception procedures are also banned as they are done under the supervision of a trained Vaidya which is illegal and is liable for legal action or penalties against both the Vaidya and the couple by appropriate legal government authority. Though female foeticide or abortion is not done in Pumsavana vidhi but its misuse promotes the birth of male child more than female, which declines the gender ratio and creates social problems like violence and population imbalance and it intervenes with the natural process of child birth. Hence it is banned by PCPNDT Act.

These procedures are done especially for the child with desired sex and therefore they are prohibited. The procedure mentioned in Ayurvedic sciences does not encourage female foeticide but it promotes the birth of a son in a family which in turn will lead to population imbalance.

CONCLUSION

It is clear that the pumsavana vidhi is done after conception for the want of expected gender. The tendency of most Indian couple is towards having a male child which brought this practice of Pumsavana vidhi into the society. Though in ancient times, the practice was authorized, and enough references are available in Ayurveda which explains the antiquity & obviousness of the practice, now in this era, there are laws to monitor misuse of such practices based on the prevailing conditions in the society. Hence, it is better that practicing physicians of Indian medicine become aware of the details of the PCPNDT act (1994) and refrain from such practices so as to have a safer and ethical practice career.

Sidebar

Cite this article:

Vaikos C D (2014), EVALUATION OF PUMSAVANA VIDHI IN THE CONTEXT OF PRE- CONCEPTION AND PRE NATAL DIAGNOSTIC TECHNIQUE ACT (1994), Global J Res. Med. Plants & Indigen. Med., Volume 3(8): 323-330

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Conflict of Interest: None Declared