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The Supreme Court of India has granted states four weeks to respond to concerns over the weak enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act—a key legal safeguard against sex-selective practices. This recent judicial directive aims to address persistent gaps in prosecuting and appealing acquittals related to illegal sex determination, an issue with broad public health and social ramifications.
Supreme Court Orders States to Account for Anti-Sex Determination Efforts
On September 9, 2025, a bench of Justices BV Nagarathna and R Mahadevan ordered that all Indian states submit affidavits detailing their enforcement of the PCPNDT Act within four weeks. This follows revelations that nearly five states are yet to file their compliance reports and that many failed to appeal acquittals in sex determination cases, despite existing legal mandates.
Key Findings from the Latest Proceedings
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Five states remain non-compliant with Supreme Court orders to furnish data on prosecutions and appeals related to PCPNDT violations since May 2015.
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Senior advocate Sanjay Parikh, appearing as amicus curiae, emphasized that widespread acquittals are not being challenged as required by law, undermining the Act’s deterrent objective.
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The Supreme Court bench warned states of possible future penalties for non-compliance, signaling a stricter judicial stance pending further delays.
Background: The PCPNDT Act and India’s Battle Against Sex Selection
The PCPNDT Act, originally enacted in 1994 and amended in 2003, was designed to curb gender-biased sex selection by prohibiting the use of prenatal diagnostic techniques for determining fetal sex except for legitimate medical reasons. The law also mandates registration of ultrasound clinics and maintenance of patient records to facilitate monitoring.
Despite these regulations, enforcement remains patchy, and India continues to struggle with an imbalanced sex ratio. According to the Census of India, the child sex ratio (number of girls per 1,000 boys aged 0-6) has historically hovered around 919—a reflection of entrenched social biases. Experts warn that such gaps in implementation can stall progress toward gender equity.
Expert Perspectives: Implementation Challenges and Public Health Implications
Legal and Medical Commentary
Legal experts argue that non-compliance with the PCPNDT Act is a significant barrier to justice. “There are umpteen number of acquittals but the appeals… this is the only way in which the Act can be enforced… this is the central provision,” stressed Sanjay Parikh in court.
Public health professionals echo concerns about the impact of weak enforcement. Dr. Leela Visaria, a demographer and former director at Gujarat Institute of Development Research, notes, “Failure to prosecute violators encourages clinics to act with impunity, which in turn perpetuates gender discrimination and jeopardizes women’s health by increasing the risk of unsafe abortions”.
Societal Context and Counterpoints
While some legal practitioners consider the provision for mandatory appeals against acquittals to be “directory” rather than “mandatory,” women’s rights groups argue that such interpretations dilute the intent of the law and risk condoning sex-selective practices. The Union government maintains that while it can provide oversight, the onus of effective implementation lies with state authorities.
Implications for Public Health and Policy
Why This Matters
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Legal Accountability: The Supreme Court’s action serves as a critical reminder that legal protections exist only when enforced. Persistent acquittals, if left unchallenged, undermine the law’s enforcement and deterrence value.
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Gender Equity Efforts: India’s skewed sex ratio, driven by sex-selective practices, has far-reaching consequences for women’s rights, health outcomes, and social stability.
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Systemic Barriers: The case underscores a need for capacity-building within investigative agencies, enhanced training for prosecutors, and improved data tracking to support timely appeals and case resolution.
Practical Takeaways for Readers
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Increased Oversight Needed: Citizens and advocacy groups should monitor local implementation of PCPNDT provisions, report suspicious activities, and support community outreach promoting the value of the girl child.
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Healthcare Provider Vigilance: Medical professionals must ensure that diagnostic facilities comply with the Act’s record-keeping and reporting requirements, as non-adherence can attract penalties and jeopardize professional licenses.
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Awareness and Education: Public health campaigns should focus on changing societal attitudes toward sex selection and promoting the importance of reproductive rights for all individuals.
Limitations and Counterarguments
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Legal Complexity: Some jurisdictions argue that the law’s procedural requirements for filing appeals are “directory” rather than strictly mandatory, creating legal ambiguities that can stymie prosecution.
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Data Gaps: The Supreme Court noted deficiencies in the quality and completeness of state data on PCPNDT law enforcement, complicating comprehensive review and action.
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Resource Constraints: State-level health authorities often face human resource and infrastructure limitations, affecting their ability to track cases and initiate timely appeals.
References
- https://health.economictimes.indiatimes.com/news/industry/anti-sex-determination-law-sc-grants-states-4-weeks-to-reply/123802101
Medical Disclaimer: This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.
