·The Hindu·15 marks·250–350 wordsSociety

Despite over three decades of the PC&PNDT Act, sex selection practices continue in India. Critically examine the implementation gaps and suggest reforms for more effective enforcement.

In this answer
  1. Achievements of the legal regime
  2. Persisting implementation gaps
  3. Way forward

Enacted in 1994 and renamed in 2003 to cover pre-conception techniques, the PC&PNDT Act criminalises sex determination and sex selection [1]. Yet the Supreme Court, in June 2026 while dismissing a Maharashtra doctor's appeal, held that "deep-seated patriarchal preferences" sustain sex selection "behind the curtains" [2] — indicating that the law's letter has outpaced its enforcement.

Achievements of the legal regime

  • Statutory deterrence: prohibition on conducting and advertising sex determination, backed by imprisonment and fine, with a Central Supervisory Board for oversight [1].
  • Measurable demographic gain: Sex Ratio at Birth rose 18 points, from 819 (2016–18) to 917 (2021–23) per SRS Report 2023 [3].
  • Complementary promotion: Beti Bachao Beti Padhao (2015, Panipat), extended to all 640 districts, shifted policy from mere prohibition to affirmatively valuing the girl child [4].

Persisting implementation gaps

  • Weak enforcement machinery: Appropriate Authorities are understaffed and reluctant to prosecute fellow professionals; the Centre still funds basic PNDT Cell operationalisation and capacity building through NHM [5].
  • Technological escape routes: portable diagnostic devices and online advertisements for sex determination outstrip regulatory capacity — flagged as "emerging digital-era challenges" [5].
  • Conflict of interest: clinics' revenue from ultrasound conflicts with their legal duty, producing regulatory capture.
  • Social roots untouched: dowry, patrilineal inheritance and old-age dependence make daughters an economic liability, so demand survives supply-side bans.

Way forward

  • Fully staff and insulate Appropriate Authorities; make real-time online tracking of ultrasound machines (F-form digitisation) mandatory.
  • Extend regulation to portable devices and mandate takedown of online sex-selection advertisements [5].
  • Sustain state-level sensitisation workshops and decoy operations with time-bound trials [5].
  • Attack demand through enforcement of daughters' coparcenary rights and conditional cash transfers.

Sex selection is ultimately a social problem with a legal remedy; the law can only hold the line while attitudes change. Pairing rigorous enforcement with economic empowerment of women advances both Article 15's promise of non-discrimination and SDG-5, converting an improving ratio into genuine equality of worth.

Sources

  1. 1Pre-Conception & Pre-Natal Diagnostics Techniques Act — PIB1994 enactment, 2003 amendment/renaming, prohibitions and Central Supervisory Board
  2. 2'Deep-seated' bias for male child persists in society: SC — *The Hindu*, 13 June 2026 (Supreme Court observation; no official judgment link verified) — SC remarks on patriarchal preference and "behind the curtains" sex selection
  3. 3National-Level Sensitization Meeting on Strengthening PC&PNDT Act Implementation — PIBSRB rise from 819 (2016–18) to 917 (2021–23), SRS Report 2023
  4. 4Beti Bachao Beti Padhao (BBBP) Scheme — PIB2015 launch at Panipat; expansion to all 640 districts
  5. 5National-Level Sensitization Meeting / National Sensitization Workshop, MoHFW — PIBNHM support for PNDT Cells and capacity building; portable devices and online advertisements as digital-era challenges; state-level workshops
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