Model Answer
0 min readIntroduction
The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, enacted in 1994, is a landmark legislation in India aimed at preventing sex-selective abortion and ensuring a more equitable sex ratio. Historically, India has exhibited a preference for sons, deeply rooted in patriarchal societal norms related to inheritance, lineage, and social security. This preference, coupled with the increasing availability of prenatal diagnostic technologies, led to a sharp decline in the child sex ratio, raising serious demographic and social concerns. The Act was thus enacted to address this alarming trend and safeguard the rights of the female child.
The Problem: Declining Sex Ratio in India
The sex ratio, defined as the number of females per 1000 males, has been declining in India for decades. While natural variations exist, a consistently skewed sex ratio indicates human intervention, primarily through sex-selective abortion. According to the Sample Registration System (SRS) data (2018-19), the sex ratio at birth in India is 917 females per 1000 males. This decline is particularly pronounced in certain states like Punjab, Haryana, and Rajasthan.
Root Causes of Sex Selection
Socio-Cultural Factors
- Patriarchal Norms: Deep-seated societal preference for sons due to their perceived role in carrying forward the family name, performing last rites, and providing economic support.
- Dowry System: The practice of dowry, prevalent in many parts of India, makes daughters an economic burden for families, further reinforcing the preference for sons.
- Son Preference for Inheritance: Traditional inheritance laws often favor sons, contributing to the desire for male offspring.
Technological Advancements
The advent of ultrasound and other prenatal diagnostic techniques made it possible to determine the sex of the fetus, enabling sex-selective abortions. This technology, initially intended for detecting genetic disorders, was misused for determining the sex of the fetus for non-medical purposes.
The PCPNDT Act: A Legal Response
Key Provisions of the Act (1994)
- Regulation of Diagnostic Centres: The Act mandates registration of all diagnostic centres conducting prenatal diagnostic techniques.
- Prohibition of Sex Selection: It prohibits the advertisement, solicitation, or performance of sex selection procedures.
- Penalties: The Act prescribes stringent penalties for violations, including imprisonment and fines.
- Authority and Appellate Authority: Establishment of appropriate authorities at the state and central levels to oversee implementation and adjudicate cases.
Amendments to the Act (2003)
The Act was amended in 2003 to include genetic counselling centres and to broaden the scope of the law. The amendment also made the offense cognizable and non-bailable, strengthening enforcement measures.
National Implementation Framework
| Component | Details |
|---|---|
| Monitoring & Enforcement | State-level Supervisory Boards, District-level Appropriate Authorities, and regular inspections of diagnostic centres. |
| Awareness Campaigns | The ‘Beti Bachao, Beti Padhao’ scheme (2015) integrates awareness campaigns to promote the value of the girl child. |
| Data Collection & Analysis | SRS data and Civil Registration System (CRS) data are used to monitor sex ratio trends. |
Challenges in Implementation
- Weak Enforcement: Despite the legal framework, enforcement remains a significant challenge due to corruption, lack of political will, and inadequate monitoring.
- Social Attitudes: Deep-rooted societal preferences for sons continue to drive demand for sex selection.
- Illegal Clinics: The proliferation of unregistered and illegal clinics offering sex determination services.
- Lack of Awareness: Limited awareness among the public about the provisions of the Act and the consequences of sex selection.
- Technological Advancements: Newer, less detectable methods of sex selection are emerging, posing challenges to enforcement.
Conclusion
The PCPNDT Act represents a crucial step towards addressing the issue of declining sex ratio in India. However, its effectiveness hinges on robust enforcement, sustained awareness campaigns, and a fundamental shift in societal attitudes towards gender equality. Strengthening monitoring mechanisms, empowering local authorities, and promoting education about the value of the girl child are essential for achieving the Act’s objectives and ensuring a more balanced and equitable demographic future for India. Continued vigilance and a multi-pronged approach are necessary to combat this deeply entrenched social evil.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.