On Thursday, the Supreme Court emphasised the continued need for strict enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, observing that gender-based discrimination against girls remains a reality despite decades of legal and social reform. The case brought into focus the continuing challenge of gender bias and the role of the PCPNDT Act in preventing practices that threaten the survival of the girl child.
The observations came while the Apex Court was considering an appeal filed by a doctor challenging an order taking cognisance of offences under Section 23 of the PCPNDT Act. During its examination of the matter, the Court reflected on the broader social concerns that led to the enactment of the legislation. Referring to government initiatives aimed at promoting the welfare of girls, including schemes focused on education, health, and financial security, the Court noted that such programmes continue to be necessary because gender bias remains embedded in many parts of society. It also took note of census data reflecting a decline in the child sex ratio over the years and observed that several states continue to report figures below the national average.
The Division Bench of Justice Sanjay Karol and Justice Prashant Kumar Mishra observed that the persistence of skewed sex ratios reflects a continuing preference for male children and the concealed existence of sex-selection practices. Stressing the importance of the statutory framework, the Court stated, “The integrity and strict enforcement of welfare-oriented legislation such as the PCPNDT Act remain essential along with efforts continued and earnest, till the time there is a widespread change in mentality.” The Bench further observed that meaningful equality would be achieved only when there is no longer any question about whether a girl child deserves to be born.
Highlighting both social realities and constitutional values, the Court ultimately dismissed the doctor’s appeal and upheld the continuation of proceedings arising from the alleged violation of the PCPNDT Act.
Source PTI
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