Recent developments in 2024 have reignited discussions around the Pre-Conception and Pre-Natal Diagnostic Techniques (PC-PNDT) Act. The Indian Medical Association (IMA) has called for the amendment of this law, arguing that its current provisions have not effectively curbed the declining sex ratio in India. This debate marks the tension between medical ethics, social issues, and legislative effectiveness.
Background of the PC-PNDT Act
The PC-PNDT Act was enacted in 1994 to prohibit sex-selective abortions and regulate prenatal diagnostic techniques. It mandates the registration of all diagnostic facilities and prohibits the disclosure of the sex of the foetus. The Act was introduced in response to alarming declines in the female-to-male sex ratio, particularly in states like Punjab and Haryana, where cultural preferences for male children have led to widespread female foeticide.
Current Issues with the Act
The IMA argues that the Act’s stringent provisions have resulted in unintended consequences, such as unnecessary harassment of medical professionals for administrative lapses. For instance, failure to correctly fill out Form F, which records the medical history of a pregnant woman, can lead to severe penalties, equating clerical errors with the act of female foeticide. This has raised concerns about the practicality and fairness of the law.
Impact on Sex Ratio
Despite the Act’s intentions, the sex ratio in India remains a pressing issue. The 2011 Census revealed that Haryana had a sex ratio at birth (SRB) of only 834 girls per 1,000 boys. However, initiatives like the ‘Beti Bachao, Beti Padhao’ campaign have shown some promise, with Haryana reporting improvements in its SRB to 917 by 2022. Nonetheless, a Lancet study estimated that approximately 13.5 million girls were lost to sex-selective abortions between 1987 and 2016, indicating a persistent problem.
Legal and Ethical Considerations
Legalising foetal sex detection tests, as proposed by the IMA, raises ethical questions. Who would monitor compliance with the law to ensure that female foetuses are carried to term? The existing infrastructure, particularly in rural areas, may not be equipped to handle the oversight required. Moreover, there is a risk that legalising such tests could lead to an increase in illegal abortions, further complicating the public health landscape.
International Perspectives
Globally, countries have approached the issue of sex-selective abortions differently. For example, countries like South Korea and China have faced similar challenges and have implemented various strategies to combat gender-based discrimination. These include public awareness campaigns and legal restrictions on prenatal sex determination. Learning from international experiences may provide vital information about more effective solutions tailored to India’s unique socio-cultural context.
Questions for UPSC:
- Discuss the implications of the PC-PNDT Act on gender equality in India.
- Evaluate the effectiveness of the ‘Beti Bachao, Beti Padhao’ campaign in improving the sex ratio.
- What are the potential consequences of legalising foetal sex detection tests in India?
- Analyse the role of medical professionals in addressing the issue of female foeticide.
- Compare India’s approach to sex-selective abortions with that of another country facing similar challenges.
