Supreme Court Upholds Strict Enforcement of PCPNDT Act
The Supreme Court of India has stressed the critical importance of rigorously enforcing the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act). The judgment came as the Court dismissed a petition from a doctor challenging criminal proceedings under the PCPNDT Act. Justices Sanjay Karol and Prashant Kumar Mishra presided over the case, [Dr Ramesh vs State of Maharashtra].
Persistent Societal Preferences for Male Children
The bench highlighted the persistent patriarchal preference for male children that continues to fuel sex-selection practices, emphasizing that complacency cannot be an option in combating female foeticide. The Court underscored the necessity of the PCPNDT Act until societal attitudes towards women evolve fundamentally. Justice Sanjay Karol’s judgment opened with lines from poet Subhadra Kumari Chauhan’s poem “Balika Ka Parichay,” which celebrates the joy of a mother upon the birth of a daughter, drawing attention to the Act’s objective of enabling every woman to experience such joy.
Government Initiatives and Uneven Progress
While examining government data and initiatives to improve the plight of the girl child, the Court acknowledged progress since the mid-1990s but warned of its unevenness. “Although there has been progress, it remains incomplete and inconsistent. Thus, the PCPNDT Act’s robust enforcement is essential until a widespread change in mentality occurs,” the judgment stated. The Court expressed hope that one day, societal norms would evolve to the point where such laws might become unnecessary, although protections under broader laws like the Indian Penal Code would still be required.
Current Sex Ratio Statistics
The Bench noted improvements in India’s overall sex ratio, from 991 females per 1,000 males in the 2015-16 National Family Health Survey (NFHS-4) to 1,020 in NFHS-5 (2019-21). However, the sex ratio at birth remains lower at 929 girls per 1,000 boys. The Court pointed out that on a global scale, India’s gender parity ranking had declined, as shown by the World Economic Forum’s Global Gender Gap Report 2025, placing India at 131 out of 148 countries, down from 129 the previous year.
Challenges in Enforcement
The Court also traced the historical decline in the child sex ratio from 945 in 1991 to 919 in 2011, noting that recent improvements reflect only a partial correction, not true equality. While states like Haryana and Punjab have shown progress due to stricter enforcement and awareness campaigns, others still report birth sex ratios below the national average, highlighting ongoing patriarchal preferences.
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Efforts to Combat Gender Bias
Initiatives such as Beti Bachao Beti Padhao and Janani Suraksha Yojana reflect ongoing efforts to dismantle systemic biases against the girl child. The Court reiterated the importance of these programs in addressing inherent patriarchal systems.
The Case of Dr. Ramesh
The appeal involved Dr. Ramesh, who contested a Bombay High Court decision upholding a lower court order that took cognizance of violations under the PCPNDT Act following an inspection of his sonography center. Deficiencies in mandatory Form F records and other violations were noted. Dr. Ramesh argued that the District Civil Surgeon was not a competent authority and that the Form F errors were technical and inadvertent. However, the Supreme Court, referencing its earlier decision in Federation of Obstetrics & Gynaecological Societies of India v. Union of India, underscored the vital role of Form F records in the Act’s implementation and dismissed the appeal.
Advocate Rajiv Shankar Dwivedi represented the petitioner, while Advocate Aniruddha Pande represented the respondents. For more details, [Read Judgment].
