Judiciary – Supreme Court Stresses Strong Enforcement Against Sex Selection Bias
Judiciary – The Supreme Court has underscored the need for strict implementation of laws aimed at preventing sex-selective practices, stating that legal safeguards must remain firmly in place until deep-rooted social preferences for male children are eliminated. The court observed that despite years of awareness campaigns and policy measures, discrimination linked to gender continues to affect many parts of society.
Court Highlights Persistent Social Challenge
A bench comprising Justices Sanjay Karol and Prashant Kumar Mishra expressed concern over the continued preference for sons, describing it as a longstanding social issue that cannot be addressed through legislation alone. However, the judges emphasized that the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act remains an essential mechanism for curbing unlawful sex determination and protecting the rights of unborn girls.
The observations came during proceedings related to the effective enforcement of the PCPNDT Act, a law enacted in 1994 to prevent the misuse of diagnostic technologies for determining the sex of a fetus.
Government Initiatives Acknowledged
While examining the matter, the court referred to several government welfare programmes designed to improve the status of girls and encourage gender equality. Initiatives such as Beti Bachao, Beti Padhao, Janani Suraksha Yojana, and Ladli Lakshmi Yojana were cited as examples of sustained efforts to challenge discriminatory attitudes and provide support for women and girl children.
According to the bench, these schemes reflect ongoing attempts to address societal imbalances that have historically disadvantaged girls. The judges noted that although positive changes have emerged over time, the broader objective of eliminating gender bias has not yet been achieved.
Illegal Practices Continue Despite Ban
The court also pointed out that unlawful sex determination practices continue to operate in certain areas despite existing restrictions. It observed that some offenders allegedly use unregistered diagnostic equipment and unauthorized medical facilities to bypass legal requirements.
Such activities, the bench said, undermine the purpose of the legislation and contribute to the continuation of gender-based discrimination. The judges stressed that authorities must remain vigilant in identifying and shutting down illegal operations that violate the provisions of the law.
Directions for Stronger Monitoring
To strengthen enforcement, the Supreme Court directed relevant authorities to conduct regular inspections and take firm action against individuals or establishments found violating the PCPNDT Act. It also emphasized the importance of public awareness campaigns aimed at addressing social attitudes that encourage a preference for male children.
The bench stated that enforcement should not be viewed solely as a punitive measure but as a preventive tool intended to discourage unlawful practices before they occur. Officials were urged to ensure that the law is implemented effectively and consistently across all regions.
Focus on Long-Term Social Change
The court concluded that meaningful progress will depend on a shift in public mindset alongside legal action. Until such change becomes widespread, it said, strict compliance with the PCPNDT Act remains necessary. The judges reiterated that protecting gender equality requires both societal responsibility and continued enforcement of the law to prevent discriminatory practices from persisting.