| Relevance: General Studies Paper I — Indian Society: Role of Women and Social Empowerment, Population and Associated Issues; with linkages to General Studies Paper II — Social Justice and Welfare Legislation | Source: Supreme Court judgment, June 2026 |
| The Supreme Court has once again reminded India that the preference for a son over a daughter has not vanished — it has only gone “behind the curtains.”
While dismissing a Maharashtra doctor’s appeal in a sex-selection case (Dr Ramesh v. State of Maharashtra), a bench of Justices Sanjay Karol and Prashant Kumar Mishra called for the strict enforcement of the law against female foeticide. The Court warned that recent gains in the sex ratio are real but fragile — a “partial course correction,” not yet true equality. |
1 · What the Court said
- The case in brief: A doctor running an ultrasound (sonography) centre was found with serious gaps in his mandatory Form F records — the form that logs every ultrasound to prevent illegal sex determination. He argued these were “minor technical errors.” The Court firmly disagreed: keeping these records correctly is essential, not a formality, because they are often the only proof that a clinic is not secretly revealing the sex of the foetus.
- A message wrapped in poetry: To remind society of a daughter’s worth, the bench quoted Subhadra Kumari Chauhan’s poem ‘Balika ka Parichay’, which captures a mother’s joy at her daughter’s birth — the very joy, the Court said, that the law exists to protect.
- A line from the scriptures: The bench also recalled the Manusmriti shloka “Yatra naryastu pujyante ramante tatra devata” — “where women are honoured, divinity blossoms” — calling it a once-cherished but now forgotten value.
2 · The numbers: a steep fall, a fragile recovery
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Child Sex Ratio — girls per 1,000 boys, age 0–6 (Census). The natural level is about 950; bars start at 900 to make the change clear. The sex ratio at birth has since partly recovered to about 929 (NFHS-5).
- Two different measures: The Child Sex Ratio (CSR) counts girls per 1,000 boys aged 0–6 (from the Census). The Sex Ratio at Birth (SRB) counts girls per 1,000 boys among newborns. Both tell the same worrying story.
- The decline that forced action: The Census CSR fell from 945 (1991) to 927 (2001) to 919 (2011) — well below the natural level of about 950. This steep slide pushed the government to enforce the PCPNDT Act seriously.
- An uneven recovery: The SRB has since improved to about 929 (NFHS-5). States like Haryana and Punjab, once among the worst (below 900), have improved through strict enforcement. But several states still record figures below the national average — proof that the bias survives.
3 · Why does this happen?
- The patriarchal preference: In many families, a son is still seen as the one who carries the family name, earns, and performs the last rites, while a daughter is wrongly viewed as a “burden.” This mindset, not biology, drives the imbalance.
- “Son meta-preference”: The Economic Survey described how some families keep having children until they get the desired number of sons. The result is millions of “unwanted” girls, who then receive less food, care and schooling.
- Amartya Sen’s “missing women”: The economist used this phrase for the huge number of women “missing” from the population — lost to sex-selective abortion, female infanticide, and neglect in health and nutrition.
4 · The shield: the PCPNDT Act and welfare schemes
| The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 — the PCPNDT Act — bans sex selection before or after conception and the misuse of ultrasound to reveal a foetus’s sex. Its sole aim is to stop female foeticide. |
- Strict registration and records: Every ultrasound clinic, genetic lab and counselling centre must register and keep detailed records — like Form F — for each scan.
- A total ban on revealing sex: No doctor may disclose the sex of the foetus by words, signs or any other means. Advertisements for sex determination are also banned.
- Tough penalties: Offences are cognizable, non-bailable and non-compoundable, with jail terms and cancellation of the doctor’s medical licence. The Appropriate Authority under the Act enforces these rules.
- Support through schemes: Alongside the law, schemes like Beti Bachao Beti Padhao (BBBP), Janani Suraksha Yojana and Ladli Lakshmi Yojana work to value, protect and educate the girl child.
5 · Way forward
| Enforce the law, do not dilute it. As the Court stressed, lapses in records must not be brushed aside as “minor.” Honest registers and active Appropriate Authorities are the front line against sex selection. |
| Track the technology. Portable, hard-to-trace ultrasound machines need closer monitoring, so that the ban cannot be quietly broken in small towns and villages. |
| Change the mindset, not just the rules. Awareness in schools and communities — showing daughters as equal, not a burden — is the only lasting cure. Educating and empowering women, including equal property rights, weakens the root of the preference. |
| Value the girl beyond birth. Ending neglect in food, health and schooling matters as much as stopping foeticide. A daughter must be not only born, but truly wanted and cared for. |
| The Supreme Court’s message is gentle but firm: the numbers are better than they were, but they are not good enough — and not yet even across India. A law can stop a scan from revealing a child’s sex, but only society can stop a daughter from being seen as less. Real success will come on the day when no one, in any home or any state, pauses to ask whether a girl child “deserves to be born.” |
| UPSC Value Box | ||||||||||||||||
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| Mains Practice Question |
| Despite a comprehensive law and welfare schemes, the preference for a male child persists in India. Examine the social roots of this bias and the role of the PCPNDT Act, 1994 in addressing it. (15 marks · 250 words) |
Introduction — anchor with the Court’s recent observation (Dr Ramesh v. State of Maharashtra) and the “partial course correction” in the sex ratio.
Body Part 1 — the reality: the CSR decline (945→919) and uneven recovery; states still below the average.
Body Part 2 — the roots: patriarchal preference, son meta-preference, and Amartya Sen’s “missing women.”
Body Part 3 — the response: the PCPNDT Act (registration, Form F, ban on disclosure, penalties) and schemes like BBBP and Janani Suraksha Yojana.
Way Forward — strict enforcement, tracking of ultrasound technology, and education and women’s empowerment to change mindsets.
PCPNDT Act 1994 ·
Child Sex Ratio ·
Son Meta-Preference ·
“Missing Women” (Amartya Sen) ·
Beti Bachao Beti Padhao
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