Despite three decades of the PC&PNDT Act, sex selection persists, only moving into the digital space. Critically examine the adequacy of the legal–administrative framework.
In this answer
The PC&PNDT Act, 1994 prohibits sex selection before and after conception and regulates diagnostic techniques [2]. The Sex Ratio at Birth (SRB, girls born per 1,000 boys) improved from 898 to 918 between 2014–16 and 2022–24 [1]. Yet MoHFW's 2026 workshop flagged misuse through portable devices and online platforms [1]. The framework is sound on paper but weak in enforcement.
Strengths of the framework
- Wide legal coverage: the 2003 amendment brought pre-conception selection and ultrasound machines within the Act [2].
- Stringent penalties: 3 years and/or ₹10,000 for a first offence, and 5 years and/or ₹50,000 for later offences. A convicted doctor is struck off the register for five years [2].
- Institutional architecture: a Central Supervisory Board, State Supervisory Boards, and Appropriate Authorities with civil-court powers of search and seizure [2].
- Adapting to digital misuse: the Section 22 ban on advertisements is now enforced online through the Sahyog Portal with I4C (MHA). Standardised State portals are also planned [1].
- Complementary scheme: Beti Bachao Beti Padhao works on attitudes. HMIS data show SRB rising from 918 to 929 (2014–15 to 2024–25) [3].
Inadequacies
- Weak deterrence: only 617 convictions from 3,158 cases, with 145 medical licences suspended or cancelled [4]. Penalties deter little when convictions are this rare.
- Gaps in the basic records: a Lok Sabha committee urged States to build online registration and record systems and to inspect more strictly and often [4]. Without a registry, an online advertiser cannot be checked against legal centres.
- Uneven State enforcement: health is a State subject. The CAG linked Telangana's low female birth rate to ineffective enforcement of the PC&PNDT and MTP Acts [5].
- Technology moves faster than regulation: portable devices and social media are hard to inspect. The rules must also balance ease of business for legitimate centres against oversight [1].
- Demand left largely untouched: the Act targets suppliers, while son preference continues.
In sum, the law is well designed, but slow trials, poor records and uneven State capacity blunt it. The way forward:
- complete digital registries;
- fast-track pending cases;
- use decoy operations, as the parliamentary committee recommended [4];
- keep up IEC campaigns.
Together these can turn Article 15's promise of non-discrimination into reality and advance SDG 5 on gender equality.
Sources
- 1MoHFW Organises National Workshop to Strengthen Implementation of PC&PNDT Act, PIB, 1 Oct 2026SRB 898→918 (SRS); misuse via portable devices and online platforms; Section 22, Sahyog Portal and I4C; standardised portals; ease of business versus oversight
- 2Amending of PNDT Act, PIBAct's scope; 2003 amendment; penalties; State Medical Council action; supervisory boards and Appropriate Authority powers
- 3Beti Bachao Beti Padhao has undertaken cohesive convergent efforts for protection and empowerment of the girl child, PIBHMIS SRB 918→929
- 4Lok Sabha Committee on Empowerment of Women (2021–22), 6th Report3,158 cases, 617 convictions, 145 licences; online registration, stricter inspections and decoy operations recommended
- 5CAG Report No. 4 of 2018, General & Social Sector, Government of Telangana, Chapter IIlow female births point to ineffective PC&PNDT/MTP enforcement
Practice
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