Supreme Court Upholds Criminal Proceedings Against Doctor Under PCPNDT Act
The Supreme Court has dismissed a Maharashtra doctor's appeal challenging criminal proceedings against him under the Pre-Conception and Pre-Natal Diagnostic Techniques Act. This development highlights the ongoing struggle against sex selection practices and female foeticide in India, despite various schemes introduced by State governments to curb these issues. The Court's decision comes as India's ranking in the Global Gender Gap Report 2025 has dropped to 131 out of 148 countries in terms of overall gender parity score.
- •The recent case of a 26-year-old man and his family members being booked under the Prohibition of Child Marriage Act (PCMA), 2006, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, for allegedly marrying a 15-year-old girl and subjecting her to torture, highlights the persistent issue of child marriage in India.
- •The Supreme Court's observation that the country's child sex ratio has shown "clear signs of improvement" but still reflects "deep-seated patriarchal preferences" for a male child, underscores the need to address the systemic discrimination faced by the girl child.
The recent case of a 26-year-old man and his family members being booked under the Prohibition of Child Marriage Act (PCMA), 2006, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, for allegedly marrying a 15-year-old girl and subjecting her to torture, highlights the persistent issue of child marriage in India. The Supreme Court's observation that the country's child sex ratio has shown "clear signs of improvement" but still reflects "deep-seated patriarchal preferences" for a male child, underscores the need to address the systemic discrimination faced by the girl child.
Key Provisions and Legal Framework
The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) aims to prevent the misuse of prenatal diagnostic techniques for sex selection. The Act prohibits the use of techniques such as ultrasound and amniocentesis for determining the sex of the fetus, except in cases where it is medically necessary. The National Mission for Empowerment of Women (NMEW) and the Beti Bachao Beti Padhao (BBBP) scheme are initiatives introduced by the government to address the issue of female foeticide and improve the condition of women.
- ▸The PCPNDT Act has been amended to include more stringent penalties for violators.
- ▸The BBBP scheme aims to improve the sex ratio at birth and promote education and empowerment of girls.
- ▸The NMEW focuses on promoting women's empowerment and addressing issues such as female foeticide and child marriage.
Challenges and Way Forward
Despite the efforts made by the government, the issue of child marriage and sex selection persists. The District Child Protection Unit (DCPU) and the Child Welfare Committee (CWC) play a crucial role in identifying and rescuing victims of child marriage and providing them with support and protection.
Did You Know? The World Economic Forum's Global Gender Gap Report 2025 records a drop in India's ranking in terms of overall gender parity score, highlighting the need for sustained efforts to address the systemic discrimination faced by women and girls.
The government needs to strengthen the implementation of laws such as the PCMA and the PCPNDT Act, and ensure that those who solemnize child marriages and engage in sex selection are held accountable. The National Commission for Protection of Child Rights (NCPCR) and the National Human Rights Commission (NHRC) must also play a proactive role in monitoring and addressing the issue of child marriage and sex selection.
Conclusion
The issue of child marriage and sex selection is a complex one, requiring a multi-faceted approach to address. The government, civil society, and individuals must work together to create awareness about the issue and ensure that laws such as the PCMA and the PCPNDT Act are implemented effectively. The Maneka Gandhi Judgment and other landmark judgements have highlighted the importance of protecting the rights of women and children, and it is essential that these principles are upheld in practice.
Concepts Mentioned
NMEW
NMEW refers to National Mission for Empowerment of Women, a government initiative. It aims to empower women socially and economically. Launched in 2010, it focuses on gender equality.
BBBP
BBBP stands for Beti Bachao Beti Padhao, a social campaign promoting girls' education and empowerment. It signifies a crucial initiative for gender equality. Launched in 2015, it aims to address the declining child sex ratio.
PCPNDT Act
The PCPNDT Act is a law regulating prenatal diagnostic techniques. It prohibits sex determination and misuse of technology. Implemented in 1994, it aims to prevent female foeticide.
Beti Bachao Beti Padhao Scheme
Beti Bachao Beti Padhao Scheme is a government initiative to promote girls' education and combat female foeticide. It aims to empower girls through education, significantly improving their socio-economic status. Launched in 2015, it has been implemented in over 100 districts.
National Mission for Empowerment of Women (NMEW)
The National Mission for Empowerment of Women is an initiative to empower women. It aims to promote social and economic development. Launched in 2010, it integrates various schemes for women's welfare.
Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act)
The PCPNDT Act prohibits sex selection and regulates prenatal diagnostic techniques. It aims to prevent female foeticide. The Act bans disclosure of a foetus's sex.
Protection of Children from Sexual Offences (POCSO) Act, 2012
The Protection of Children from Sexual Offences (POCSO) Act, 2012, is a comprehensive legislation aimed at preventing and protecting children from sexual abuse and exploitation. It signifies a significant step towards ensuring the safety and well-being of children in India. The Act prescribes stringent punishment for offenders, including a minimum imprisonment of three years for aggravated penetrative sexual assault.
Prohibition of Child Marriage Act (PCMA), 2006
The Prohibition of Child Marriage Act is a law that prohibits marriage of girls below 18 and boys below 21. It aims to prevent child marriages, promoting education and well-being. The Act renders child marriages voidable at the option of the contracting party.
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