Supreme Court Calls for Strict Enforcement of PCPNDT Act

Context:

Recently, The Supreme Court has emphasized the need for strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, to prevent sex-selective practices and safeguard the rights of the girl child. The Court observed that welfare-oriented legislation remains necessary until society achieves genuine gender equality.

Key observation of the court:

• • • The Court observed that several states continue to report low sex ratios at birth, reflecting the persistence of deep-rooted patriarchal attitudes and a preference for male children. It stressed that legal safeguards remain necessary until society embraces true gender equality.
    • Referring to NFHS-5 (2019–21) data, the Court noted that India's overall sex ratio improved to 1,020 females per 1,000 males. However, the sex ratio at birth remains 929 girls per 1,000 boys, indicating that sex-selection practices have not been fully eliminated.

What is the PCPNDT Act?

The PCPNDT Act (Pre-Conception and Pre-Natal Diagnostic Techniques Act), enacted in 1994, was designed to combat female foeticide and address India's declining child sex ratio.

Key Provisions:

• • • Prohibits sex selection before and after conception.
    • Bans disclosure of the foetus's sex by doctors or diagnostic centres.
    • Mandates registration of all genetic counselling centres, laboratories, and ultrasound clinics.
    • Requires maintenance of detailed records, including Form F.
    • Allows diagnostic techniques only for detecting genetic abnormalities, chromosomal disorders, and metabolic diseases.

Penalties

Violations such as conducting sex-determination tests, operating unregistered clinics, advertising sex-selection services, or revealing the sex of the foetus can attract imprisonment of 3–5 years along with substantial fines.

What are the challenges in implementing the PCPNDT Act?

• • • Weak monitoring and enforcement.
    • Under-reporting of violations.
    • Misuse of portable ultrasound machines.
    • Deep-rooted patriarchal norms and son preference.
    • Lack of awareness regarding gender equality.

Measures are needed to achieve gender equality:

• • • Changing societal attitudes toward daughters.
    • Promoting female education and economic empowerment.
    • Strengthening awareness campaigns such as Beti Bachao Beti Padhao.
    • Improving implementation and monitoring mechanisms.
    • Encouraging equal opportunities for women in all spheres.

Conclusion:

The Supreme Court's ruling highlights that while the PCPNDT Act remains crucial in preventing sex-selective practices, lasting gender equality can only be achieved through sustained social change, awareness, and empowerment of women and girls.

FAQ

What is the PCPNDT Act?
It is a 1994 law that prohibits sex selection and regulates prenatal diagnostic techniques to prevent female foeticide.

What does NFHS-5 reveal about India's sex ratio at birth?
NFHS-5 (2019–21) reported a sex ratio at birth of 929 girls per 1,000 boys.

What are the major challenges in implementing the PCPNDT Act?
Weak enforcement, under-reporting of violations, misuse of ultrasound technology, and persistent son preference.

What is the long-term solution to gender imbalance?
Promoting gender equality through education, women's empowerment, social awareness, and effective implementation of laws.