Quick Overview
India’s struggle against sex-selective abortion has entered the digital domain, where online influencers and pseudo-medical claims undermine the PC&PNDT Act, 1994. Despite legal safeguards, son preference persists due to cultural, economic, and technological factors. Strengthening enforcement now requires regulatory, technological, and societal reforms.
Introduction
India’s demographic challenge of a skewed sex ratio is not merely a statistical anomaly but a reflection of deep-rooted patriarchal values. Despite the enactment of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, gender-biased practices continue to distort population outcomes. In the digital age, this challenge has intensified, as social media platforms and online spaces are increasingly used to promote unscientific gender-prediction methods, evading traditional regulatory mechanisms. This shift necessitates a re-examination of the Act’s implementation framework and a holistic strategy to address both legal loopholes and societal biases.
Why in News?
The proliferation of online content promoting gender-prediction myths has highlighted the limitations of the PC&PNDT Act in regulating digital platforms. Influencers and self-styled experts exploit regulatory gaps, reviving debates on gender justice, digital governance, and reproductive rights in India.
Understanding the PC&PNDT Act, 1994
Objectives and Evolution
The PC&PNDT Act was enacted to curb female foeticide and address the declining child sex ratio caused by the misuse of diagnostic technologies. Originally focused on pre-natal techniques, the Act was amended in 2003 to include pre-conception sex selection and to strengthen enforcement mechanisms.
Key Provisions
Prohibition of sex determination and selection procedures
Mandatory registration of genetic counselling centres, laboratories, and clinics
Complete ban on advertisements related to sex determination
Establishment of Central and State Supervisory Boards and Appropriate Authorities
Stringent penalties, including imprisonment and fines, for violations
Son Meta Preference and India’s Skewed Sex Ratio
Son meta preference refers to fertility behaviour where families continue childbearing until a desired number of sons is achieved. This practice leads to skewed sex ratios, particularly at birth and among last-born children. Studies estimate millions of “missing females” in India, a concept popularised by Amartya Sen, reflecting cumulative discrimination through abortion, neglect, and differential healthcare.
Drivers of Son Preference in India
Economic Factors
Sons are traditionally viewed as old-age security and inheritors of property, while daughters are perceived as financial liabilities due to dowry practices.
Cultural and Social Norms
Patrilocal residence systems and lineage continuity reinforce the preference for sons, marginalising daughters within family structures.
Religious Beliefs
In certain traditions, sons are expected to perform funeral rites, reinforcing the belief that male offspring are essential for spiritual fulfilment.
Status of India’s Sex Ratio
Census 2011: 943 females per 1,000 males
SRS 2023: Sex ratio at birth improved to 917
NFHS-5: Overall sex ratio of 1,020 women per 1,000 men
Despite improvements, persistent disparities indicate continued human intervention and social bias.
Why is Implementation of the PC&PNDT Act Weak?
Collusion and Lack of Complaints: Shared incentives between families and providers reduce reporting
Institutional Capacity Gaps: Inadequate staffing, funding, and training of enforcement authorities
Low Conviction Rates: Weak prosecution and prolonged judicial processes
Digital Circumvention: Online promotion of gender-selection myths beyond the Act’s original scope
Entrenched Social Demand: Patriarchal norms sustaining demand for sex selection
Strengthening the PC&PNDT Act in the Digital Era
Institutional Reforms
Dedicated authorities with clear accountability at district and state levels.
Technology-Enabled Monitoring
Mandatory online submission of records, real-time tracking, and anonymous reporting systems.
Regulating Digital Platforms
Legal obligations for social media and e-commerce platforms to remove indirect sex-selection content.
Judicial and Legal Measures
Fast-track courts and expanded definitions of advertisement to include digital and indirect promotion.
Behavioural and Social Change
Sustained awareness campaigns, community engagement, and promotion of gender equality narratives.
Conclusion
The PC&PNDT Act’s effectiveness is constrained not only by enforcement gaps but by deep-seated societal norms, now amplified by digital platforms. Addressing sex selection in contemporary India requires moving beyond clinic-centric policing towards an ecosystem approach that integrates legal reform, technological oversight, and sustained social transformation. Only through such a multi-pronged strategy can India uphold gender justice and achieve a balanced demographic future.
CLAT / Exam Relevance Summary
CLAT: Gender justice, statutory interpretation, digital regulation
Prelims Focus: PC&PNDT Act, sex ratio indicators, NFHS, SRS dat