Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act): Features, Causes, Consequences and Major Initiatives

• Expressing concern over the declining child sex ratio and the practice of female foeticide in India, the Supreme Court recently emphasized the need for strict implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). 
• The Court observed that deep-rooted son preference and patriarchal mindsets continue to encourage sex-selection practices, adversely affecting the country’s gender balance. 
• A Bench comprising Justice Sanjay Karol and Justice Prashant Kumar Mishra made these observations while dismissing an appeal filed by a medical practitioner challenging an order taking cognizance of alleged offences under Section 23 of the PCPNDT Act. 

Challenge of Sex Ratio and the Supreme Court’s Concern

• The Supreme Court noted that despite several government schemes and awareness campaigns aimed at eliminating female foeticide and gender discrimination, the sex ratio at birth in many states remains below the national average. 
• Referring to Census data, the Court highlighted the continuous decline in India’s Child Sex Ratio (0–6 years age group): 

• These figures indicate that female foeticide and sex-selective practices have created a serious demographic imbalance in society. Therefore, strict enforcement of the PCPNDT Act is essential. 

What is the PCPNDT Act, 1994?

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 was enacted to prevent the misuse of diagnostic techniques for sex determination and to address the declining sex ratio in India.

Key Features

• The Act was passed in 1994 and came into force in 1996. 
• Determining or disclosing the sex of a foetus is illegal. 
• It prohibits sex selection and female foeticide. 
• Mandatory registration of ultrasound clinics, genetic counselling centres, genetic laboratories, and imaging centres. 
• Medical practitioners violating the provisions may face suspension or cancellation of their licences. 
• The Act provides for imprisonment and monetary penalties for offenders. 

Major Causes of Sex Ratio Imbalance in India

1. Patriarchal Society and Son Preference

• In many parts of India, sons are considered heirs, economic support providers, and carriers of the family lineage. Daughters are often perceived as an economic burden.

2. Dowry System and Marriage-related Practices

• Social evils such as dowry promote negative attitudes towards girls. Patrilocal traditions, where daughters move to their husband’s household after marriage, further reinforce son preference.

3. Gender Inequality

• Limited participation of women in education, employment, property ownership, and decision-making processes perpetuates gender discrimination.

4. Misuse of Modern Technology

• Ultrasound and other prenatal diagnostic technologies have often been misused for determining the sex of the foetus, leading to sex-selective abortions.

5. Weak Enforcement of Laws

• Although the PCPNDT Act and relevant provisions under the Bharatiya Nyaya Sanhita (BNS) contain stringent penalties, inadequate monitoring and enforcement in some regions have reduced their effectiveness.

6. Global Gender Inequality Indicators

• India’s ranking in the Global Gender Gap Report 2025 fell to 131st out of 148 countries, highlighting persistent challenges in achieving gender equality.

Consequences of Sex Ratio Imbalance

• Decline in the female population. 
• Increase in human trafficking and child marriages. 
• Shortage of marriageable women. 
• Rise in social instability and crime. 
• Increased violence and exploitation against women. 
• Adverse impact on demographic balance and sustainable development. 

Major Government Initiatives

1. Beti Bachao Beti Padhao (BBBP)

• Launched to prevent female foeticide, promote girls’ education, and create a positive social attitude towards daughters. The scheme is now integrated under Mission Shakti.

2. Sukanya Samriddhi Yojana (SSY)

• A small savings scheme designed to secure the financial future of girl children by supporting their education and marriage-related expenses.

3. Pradhan Mantri Matru Vandana Yojana (PMMVY)

• Provides financial assistance to pregnant and lactating women. Benefits have also been extended in cases where the second child is a girl.

4. Ladli Laxmi Yojana

• A significant state-level initiative aimed at encouraging the birth, education, and empowerment of girl children.

5. Janani Suraksha Yojana (JSY)

• Promotes institutional deliveries and improves maternal and child health outcomes.

Way Forward

The issue of declining sex ratio is not merely a legal challenge but also a social and psychological one. While strict implementation of the PCPNDT Act is crucial, it is equally important to foster a positive attitude towards daughters in society. Achieving gender equality requires sustained efforts in education, women’s economic empowerment, safety, equal opportunities, and social awareness. Only through a combination of legal enforcement and societal transformation can India address the challenge of gender imbalance effectively.