Sex-Selective Abortion

The fight against sex-selective abortion in India has increasingly shifted to the digital sphere, where social media influencers, self-styled doctors, and religious figures promote unscientific gender-prediction myths. These practices circumvent the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PC&PNDT Act) and reinforce deep-rooted son preference, raising concerns related to gender justice, digital regulation, and reproductive rights.

Key Concerns at a Glance

• India’s skewed sex ratio is rooted in persistent son preference, sustained by cultural, economic, and social norms despite legal prohibitions.

• Enforcement of the PC&PNDT Act remains weak, marked by institutional gaps, low conviction rates, and the migration of illegal promotion to online platforms.

• Addressing the issue requires a holistic strategy, combining technology-enabled monitoring, swift justice, regulation of digital platforms, and sustained societal campaigns to value the girl child.

The PC&PNDT Act, 1994: An Overview

The PC&PNDT Act was enacted in 1994 to curb female foeticide and arrest the declining child sex ratio caused by the misuse of diagnostic technologies.
At the time of enactment, India’s sex ratio stood at 929 females per 1,000 males (Census 1991).

Recognising emerging challenges, the Act was significantly amended in 2003 to strengthen enforcement and explicitly prohibit pre-conception sex selection techniques.

Key Provisions of the PC&PNDT Act

Prohibition of Sex Selection

• The Act bans all procedures and techniques, including ultrasound, used for sex determination or sex selection of the foetus (Section 3A).

Regulation of Medical Facilities

• Genetic counselling centres, laboratories, and clinics must be mandatorily registered under the Act.

• Unregistered facilities are strictly prohibited from conducting any diagnostic procedures (Section 18).

Ban on Advertisements

• The Act prohibits advertisements—direct or indirect—related to pre-conception or pre-natal sex determination (Section 22).

Supervisory and Enforcement Mechanism

• Establishes the Central Supervisory Board, State Supervisory Boards, and Appropriate Authorities to oversee implementation and monitoring.

2003 Amendment: Key Enhancements

• Extended the Act’s scope to include pre-conception techniques.

• Explicitly brought ultrasound and imaging technologies under regulation.

• Strengthened enforcement powers, including search, seizure, and sealing of equipment.

Offences and Penalties

• All offences under the Act are cognizable, non-bailable, and non-compoundable.

• Punishments include 3–5 years of imprisonment and fines ranging from ₹10,000 to ₹1,00,000 or more, with enhanced penalties for repeat offences.

Son Meta Preference and Skewed Sex Ratios

Son Meta Preference

Son meta preference refers to a subtle form of son bias where families continue childbearing until the desired number of sons is achieved.
This fertility-stopping behaviour results in a skewed sex ratio of the last child and leads to neglect of daughters.

• It has contributed to an estimated 21 million “unwanted” girls, who often face nutritional, educational, and healthcare deprivation.

The Scale of “Missing Women”

Using economist Amartya Sen’s methodology, India’s stock of missing women reached nearly 63 million by 2014.
Over 2 million women go missing annually due to sex-selective abortion, infanticide, disease, and neglect.

“Missing females” refers to the shortfall of women and girls in a population compared to expected numbers, caused by discrimination and sex-selective practices.

Skewed Sex Ratios Despite Development

• India’s Sex Ratio at Birth (SRB) worsened from 1,060 to 1,108 males per 1,000 females between 1970 and 2014, defying global trends where development improves gender balance.

• This reversal highlights strong human intervention through sex-selective abortion, rather than natural demographic patterns.

Primary Reasons for Son Preference

Economic Factors

• Sons are viewed as future earners and old-age caregivers, particularly in the absence of strong social security systems.

• Patrilineal inheritance and illegal dowry practices reinforce the perception of daughters as an economic burden.

Cultural and Social Factors

• Patrilocality, where daughters move to the husband’s household after marriage, fuels the belief that investing in daughters benefits another family.

• Sons are seen as carriers of family lineage, name, and social status.

Religious Factors

• In certain traditions, especially among Hindus, sons are expected to perform last rites and ancestor worship, believed to ensure spiritual salvation of parents.

India’s Sex Ratio: Current Status

• Census 2011: 943 females per 1,000 males (up from 933 in 2001).

• Sample Registration System (SRS) 2023: Sex ratio at birth improved from 904 (2019) to 917 (2023).

• NFHS-5 (2019–21): 1,020 women per 1,000 men.

• UNFPA (2020): India accounts for 45.8 million of the world’s 142.6 million missing females.

Reasons for Lax Implementation of the PC&PNDT Act

Collusion and No-Complainant Nature

Sex selection thrives due to mutual incentives—families demand it and providers supply it—making complaints rare and enforcement difficult.

Institutional Weaknesses

• Inadequate staffing, funding, and training of Appropriate Authorities at district and state levels.

• Poor follow-up, inspections, and evidence collection.

Low Conviction Rates

• Only 617 convictions in 25 years, as noted by a Parliamentary Committee, reflecting weak deterrence.

Digital and Online Challenges

• The Act, conceived in a pre-digital era, struggles to regulate online promotion of gender prediction, rituals, and myths spread by influencers to mass audiences.

Deep-Rooted Social Demand

Persistent patriarchy and cultural norms continue to sustain demand for sex selection, encouraging circumvention of the law.

Professional Misconduct

Illegal sex determination remains highly lucrative, with the use of coded language, portable machines, and clandestine practices.

Strengthening Implementation of the PC&PNDT Act

Strengthening Institutional Framework

• Appoint dedicated and accountable Appropriate Authorities at all levels.

• Ensure timely registrations, inspections, and appellate mechanisms.

Leveraging Technology

• Mandate online submission of Form F for real-time tracking.

• Establish anonymous helplines and digital portals for reporting violations.

Regulating the Online Ecosystem

• Legally require digital platforms to proactively remove sex-selection content.

• Support credible health professionals and influencers to counter myths and promote gender equality online.

Legal and Procedural Reforms

• Set up fast-track courts for PC&PNDT cases.

• Expand the definition of “advertisement” to cover indirect and digital promotions.

Awareness and Behavioural Change

• Official reviews stress that law enforcement alone is insufficient.

• Sustained community engagement, education, and value-based campaigns are essential to challenge son preference.

Conclusion

The central challenge to the PC&PNDT Act lies not merely in enforcement gaps but in deep-rooted son preference, now amplified by digital platforms. Effective action requires modernising the law for the online era, ensuring swift legal deterrence, and fostering a societal shift that values the girl child. India must move from narrow clinic-based policing to a comprehensive ecosystem approach integrating law, technology, and social transformation.