'Patriarchal Preference For Male Child Continues' — Supreme Court Calls For Strict Enforcement Of Sex-Selection Prohibition
India's Supreme Court has once again turned a searching spotlight on one of the nation's most stubborn social evils — the lethal preference for sons that quietly bends the nation's sex ratio out of shape. In a landmark observation, the apex court remarked that the patriarchal preference for male child continues to thrive, and directed authorities to ensure strict enforcement of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, the primary legislation prohibiting sex-selective abortions in India.
The ruling is not merely a legal milestone — it is a moral alarm. Despite decades of legislation, awareness campaigns, and judicial scrutiny, the skewed child sex ratio persists. The court's latest intervention signals that half-hearted implementation is no longer acceptable when combatting the deeply rooted patriarchal preference for male child, a core issue in broader gender justice advocacy.
Background: A Law Born From Crisis
The PCPNDT Act was enacted after alarming evidence that ultrasound technology was being systematically misused for sex determination — leading to selective female foeticide. The law prohibits the use of any technique to determine the sex of a foetus and punishes offenders with imprisonment of up to three years and a fine. Its 2003 amendment extended the scope to cover pre-conception techniques as well. Yet enforcement has remained patchy, and illegal sex-determination clinics continue to operate with near impunity in several states.
The Supreme Court of India has previously intervened in cases such as Centre for Enquiry into Health and Allied Themes (CEHAT) v. Union of India, directing the government to operationalise the PCPNDT Act properly. The latest observation follows in that tradition — with considerably sharper urgency.
Supreme Court on the Patriarchal Preference For Male Child
The bench underscored that despite the PCPNDT Act having been on the books for over three decades, the mindset driving sex-selection has not been adequately dismantled. The court called on state governments to activate their Appropriate Authorities under the Act, conduct regular audits of ultrasound clinics, and prosecute violators without delay. It also flagged the failure of many states to maintain up-to-date records of registered diagnostic centres — a basic prerequisite for effective monitoring.
Importantly, the court acknowledged that the problem is not merely one of law-breaking — it is one of deeply entrenched patriarchy. Sons are seen as carriers of family lineage, old-age support, and religious duty. Until society actively unlearns this patriarchal preference for male child, legal prohibition alone will remain inadequate to protect vulnerable girls.
The Legal Framework: Key Provisions at a Glance
Under the PCPNDT Act, it is a punishable offence to conduct, assist, or advertise any technique for sex determination before or after conception. Medical practitioners who conduct such tests face suspension of registration in addition to criminal penalties. The Act mandates that every ultrasound machine be registered, every test be recorded, and every machine be sealed if found to be misused. The Ministry of Health and Family Welfare is the central supervisory authority, while states are required to appoint Appropriate Authorities at district level.
However, ground reality tells a different story. A 2022 NITI Aayog review found that prosecution rates under the Act remain extremely low relative to the number of violations detected, pointing to systemic lapses in investigation, documentation, and judicial follow-through.
Why Strict Enforcement Matters Now
India's National Family Health Survey (NFHS-5, 2019–21) recorded a sex ratio at birth of 929 girls per 1,000 boys — an improvement from earlier decades, but still well below the natural ratio of approximately 950–952. Several high-income states — Punjab, Haryana, and Rajasthan — continue to show alarming distortions. Urban, educated, and relatively affluent families are not immune; in fact, research suggests that greater access to technology can actually worsen sex-selection rates, driven largely by the persistent patriarchal preference for male child.
The human cost is staggering. Demographers estimate that India's "missing women" — those absent due to sex-selective practices — number in the tens of millions. This demographic deficit has downstream consequences: trafficking, child marriage, violence against women, and social instability in regions with severely skewed ratios.
The Road Ahead: What Needs to Change
Strict enforcement requires more than judicial orders. It demands political will, administrative accountability, and social transformation. States must ensure that Appropriate Authorities are genuinely empowered rather than ceremonially appointed. Whistleblower protections for those who report illegal sex-determination clinics need to be strengthened. Simultaneously, programmes like Beti Bachao, Beti Padhao must be evaluated rigorously — not just for optics, but for measurable shifts in attitude to combat the patriarchal preference for male child at the grassroots level.
Legal literacy campaigns, especially in rural areas, must inform communities about the rights of the girl child under Articles 14, 15, 21, and 39(d) of the Constitution. You can explore more on this in our comprehensive guide to women's constitutional rights in India.
For the legal fraternity, the Supreme Court's observations are a call to proactive engagement — filing public interest litigations where state authorities default, monitoring compliance, and representing victims of gender-biased violence that flows from this demographic imbalance.
