The Supreme Court stressed that deep-rooted patriarchal attitudes and the covert practice of sex selection continue to necessitate strict enforcement of the PCPNDT Act. Dismissing a doctor’s appeal, the Court observed that despite progress in gender equality, societal attitudes require significant transformation.
The Supreme Court observed that the continued existence of deep-rooted patriarchal attitudes and the covert prevalence of sex-selection practices make the strict enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) indispensable. The Court emphasised that while India has made notable progress in addressing gender discrimination, the country’s social mindset still requires substantial transformation before such protective legislation can become less critical.
A Bench comprising Justices Sanjay Karol and Prashant Kumar Mishra made these observations while dismissing an appeal filed by a medical practitioner challenging an order taking cognisance of offences punishable under Section 23 of the PCPNDT Act. The provision deals with violations relating to the misuse of prenatal diagnostic techniques for sex determination and sex selection.
The Case Before the Court and the PCPNDT Act
The observations were made while deciding an appeal filed by a doctor who challenged proceedings initiated against him under Section 23 of the PCPNDT Act. The provision prescribes penalties for contraventions of the Act and seeks to ensure accountability among medical professionals and institutions involved in prenatal diagnostic procedures. The doctor had questioned the legality of the order by which cognisance had been taken against him.
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Purpose and Importance of the PCPNDT Act: The PCPNDT Act was enacted to address the alarming decline in the child sex ratio caused by the widespread misuse of medical technology for prenatal sex determination. The legislation prohibits sex selection before or after conception and regulates the use of prenatal diagnostic techniques to prevent female foeticide.
The law emerged as a response to growing concerns that advancements in medical imaging and diagnostic technologies were being exploited to identify the sex of unborn children, leading to selective abortions of female foetuses. Over the years, courts have repeatedly stressed that the legislation serves not merely as a regulatory framework but as a social welfare measure aimed at protecting the dignity and existence of the girl child.
Against this backdrop, the Supreme Court was called upon to examine a challenge arising from proceedings initiated under the Act. While deciding the matter, the Court took the opportunity to reflect upon the broader social realities that continue to necessitate stringent implementation of the legislation.
Observations of the Supreme Court
Court Highlights Continuing Gender Bias: The Bench observed that despite constitutional guarantees of equality and numerous welfare initiatives designed to empower women and girls, discriminatory attitudes against the female child continue to persist across several parts of the country.
Referring to various government initiatives such as Beti Bachao Beti Padhao, Janani Suraksha Yojana, and Ladli Lakshmi Yojana, the Court noted that these programmes themselves reflect the continued necessity of addressing the disadvantages faced by girls in a deeply patriarchal society.
The Bench remarked that while these schemes demonstrate sustained efforts by governments at both the Central and State levels to improve the status of girls, their very existence underscores the persistence of systemic gender bias.
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Strict Enforcement Necessary Until Social Mindset Changes: Emphasising the continuing relevance of the PCPNDT Act, the Court stated:
“Consequently, the integrity and strict enforcement of welfare-oriented legislation such as the PCPNDT Act remain essential along with efforts continued and earnest, till the time there is a widespread change in mentality and what, till now, is perceived as the ‘inherent weakness’ of the woman, is replaced by true equality, when there will dawn a realisation that efforts such as these are no longer required. This is not to say that the laws protecting women within legislation such as IPC/BNS will no longer be required but at least, there will no longer be a question on whether a girl child deserves to be born.”
The Court stressed that genuine equality can only be achieved when society no longer questions the value or worth of a female child and when legal protections cease to be necessary because discriminatory attitudes have disappeared.
Disturbing Trends in Child Sex Ratio: To underline the seriousness of the issue, the Bench referred to census data revealing a steady decline in the child sex ratio over the years. According to the Court, the national child sex ratio dropped from 945 girls per 1,000 boys in 1991 to 927 in 2001 and further declined to 919 in 2011. These figures, the Court observed, illustrate the gravity of the demographic imbalance that prompted the rigorous implementation of the PCPNDT Act.
The Bench noted that although certain improvements have been recorded in recent years, several States continue to report sex ratios at birth below the national average, indicating that sex-selection practices have not been completely eradicated.
Highlighting this concern, the Court observed:
“Nonetheless, several states still do report sex ratios at birth below the national average. This shows the continuing presence of deep-seated patriarchal preferences towards a male child and the ‘behind-the-curtains’ prevalence of sex-selection practices.”
The Court’s observations reflect a concern that discriminatory practices may increasingly occur in concealed forms, making regulatory vigilance all the more necessary.
Progress Achieved, Yet Much Remains to Be Done: While acknowledging the substantial efforts undertaken by governments and civil society organisations, the Court emphasised that social transformation remains incomplete.
The Bench observed:
“The current scenario, good, or not so good, with scope of improvement, as it may be, is a result of continued efforts by central and state governments. We may only observe that more than seventy-five years after we have set out to chart our own path, even today seeing posters for education and upliftment, including financial security, of a girl child is not a sight out of the ordinary, in any town o city, including Delhi, where it is most often visible on the buses of the Delhi Transport Corporation.”
The Court noted that the continued need for awareness campaigns promoting the education, welfare and empowerment of girls demonstrates that societal prejudices have not been entirely overcome.
Literary and Cultural References by the Court: In an unusual but poignant aspect of the judgment, the Supreme Court drew upon literature and ancient Indian philosophical thought to reinforce the value of the girl child and the importance of gender equality.
The Bench referred to the celebrated poem “Balika ka Parichay” authored by Subhadra Kumari Chauhan. The poem beautifully captures the happiness and emotional fulfilment experienced by a mother upon the birth of her daughter, highlighting the unique bond shared between them.
The Court also invoked a well-known verse from the Manusmriti:
“Yatra naryastu pujyante ramante tatra devata”
The phrase translates to: “Where women are honoured, divinity blossoms.”
By referring to both literary and cultural traditions, the Court sought to emphasise that respect for women and girls is deeply embedded within India’s philosophical and moral heritage.
However, after examining the matter, the Supreme Court declined to interfere and dismissed the appeal. While doing so, the Court expanded the discussion beyond the individual facts of the case and reiterated the broader constitutional and social objectives underlying the PCPNDT Act.
The judgment serves as a strong reaffirmation of the judiciary’s commitment to protecting the rights and dignity of the girl child. It underscores that legal mechanisms such as the PCPNDT Act remain crucial in combating discriminatory practices that threaten gender equality and demographic balance.
The Court’s observations also send a clear message that the fight against female foeticide and sex-selection practices is not merely a legal issue but a societal challenge requiring sustained awareness, education and cultural change.
By emphasising both strict enforcement of the law and the need for a transformation in social attitudes, the Supreme Court highlighted that true gender justice will only be achieved when every child, regardless of gender, is welcomed and valued equally.
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