Strict enforcement of PCPNDT Act needed: SC

Decrying the deep-seated patriarchal preference for a male child and the “behind-the-curtains” prevalence of sex-selection practices, the Supreme Court on Thursday said strict enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act is needed till the time there is a change of mentality.

A bench of Justices Sanjay Karol and Prashant Kumar Mishra noted there were various schemes for the girl child, such as “Beti Bachao Beti Padhao, Janani Suraksha Yojana, Ladli Lakshmi Yojana”, that are indicative of continued efforts to eradicate the systemic bias suffered by girls in an inherently patriarchal system.

It said much progress has been made, and yet, much is left to be desired.

“Consequently, 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 and what, till now, is perceived as the ‘inherent weakness’ of the woman, is replaced by true equality, when there will dawn a realisation that efforts such as these are no longer required. This is not to say that the laws protecting women within legislation such as IPC/BNS will no longer be required, but at least, there will no longer be a question on whether a girl child deserves to be born,” the bench said, adding that several states still report sex ratios at birth below the national average.

Referring to census data, the top court said it shows that the national child sex ratio declined from 945 in 1991 to 927 in 2001 and further to 919 in 2011, reflecting the severity of the imbalance that prompted the stringent implementation of the PCPNDT Act.

“Nonetheless, several states still report sex ratios at birth below the national average. This shows the continuing presence of deep-seated patriarchal preferences towards a male child and the ‘behind-the-curtains’ prevalence of sex-selection practices.

“The current scenario, good or not so good, with scope for improvement, as it may be, is a result of continued efforts by Central and State Governments. We may only observe that more than seventy-five years after we have set out to chart our own path, even today seeing posters for education and upliftment, including financial security, of a girl child is not a sight out of the ordinary, in any town or city, including Delhi, where it is most often visible on the buses of the Delhi Transport Corporation,” the bench said.

In its judgment, the bench also referred to a poem by Subhadra Kumari Chauhan titled ‘Balika ka parichay’ which describes the beautiful joy of a mother upon the birth of her daughter.

The top court quoted from the Manusmriti, “Yatra naryastu pujyante ramante tatra devata”, meaning where women are honoured, divinity blossoms.

The observations came while dismissing an appeal filed by a doctor challenging an order of cognisance in a case related to the offences punishable under Section 23 of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act.