The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, passed by the Parliament of India, was developed to combat female foeticides and address the decreasing sex ratio in India. This act specifically prohibited prenatal sex determination.
Objectives of the Act
The act’s primary aim was to outlaw the use of sex selection techniques before or after conception and to deter the misuse of prenatal diagnostic techniques for sex-selective abortion.
Provisions under the Act
This Act regulates the use of pre-natal diagnostic techniques, like ultrasound machines, restricting their use only to detect genetic abnormalities, metabolic disorders, chromosomal abnormalities, congenital malformations, haemoglobinopathies, and sex-linked disorders. The law explicitly prohibits any clinic, laboratory, or centre from performing any test, including ultrasonography, intending to identify the sex of the fetus.
Preventing Sex-Selective Abortions: Government Initiatives
In 2015, the Government of India launched the Beti Bachao Beti Padhao initiative. The program’s goal is to tackle the issue of declining child sex ratios and empower girls through awareness generation, education, and protection. Similarly, The National Plan of Action for Children, 2016, identifies eliminating gender-biased sex selection as a primary area of concern for children’s rights and wellbeing.
Concerns Raised by the Delhi High Court: Practicality, Power, and Convictions
The Delhi High Court has raised serious concerns about executing the PC & PNDT Act. The Court pointed out the practical difficulties involved with police raids and seizures at clinical facilities. They also questioned the power of arrest vested in the Appropriate Authorities, given that the offences under this Act have been made ‘cognizable’. This implies that the police can make an arrest, although the Appropriate Authority does not have this power.
The Court also identified the low rate of conviction as a challenge in preventing sex-selective abortions. Despite numerous cases being reported, the number of successful convictions remains worryingly low, indicating a systemic failure to effectively prosecute offenders.
Implications of the Delhi High Court’s Remarks
The concerns raised by the Court demand greater clarity on the role of the police in implementing the Act. They also necessitate a review of the powers of investigation and arrest vested in the Appropriate Authorities. It is hoped that addressing these shortcomings will lead to an increase in the conviction rate for cases involving violations of the PC & PNDT Act.
Ethical Issues with Prenatal Diagnosis and Sex-Selective Abortion
Sex-selective abortion is a severe form of gender discrimination and violence against women. It violates the fundamental rights of individuals, including the right to life, dignity, and equality. This practice adds to social problems – from skewed sex ratios and increased trafficking and violence against women to lowered marriage prospects for men. It also raises moral questions about the use of prenatal diagnosis for non-medical purposes and the responsibility of parents and healthcare providers towards the unborn child.
There are also concerns about the access to healthcare, as prenatal diagnosis and sex-selective abortion can exacerbate existing health disparities and inequalities, particularly for marginalized communities who may have limited access to healthcare and information.
Understanding Sex Ratios in Tribal Communities versus Scheduled Castes
In a previous UPSC Civil Services Examination, aspirants were asked to explain why the sex ratio in India’s tribal communities was more favourable to women than among Scheduled Castes. The goal was to assess understanding of cultural and societal norms impacting gender ratios and, by extension, the implementation of acts like PC & PNDT.
