Sex determination: Punish those who seek MTP

Abstract

Sex ratio is perhaps one of the most important sociodemographic indices which reflect the socio-economic and cultural ethos of a country, more so with reference to the status of its women. Deep-rooted prejudice and discrimination against the girl child and preference of the male child have led to the misuse of technology for gender-biased sex selection, leading to demographic imbalance over three decades now. Despite the enactment of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PCPNDT Act) so many years ago – one which provides for the prohibition of sex selection, before or after conception – sex determination is still prevalent across the country, in both affluent and not-so-affluent sections of society.

Over the years, due to strict implementation of the Act, in letter but not in spirit, leading to severe punishment for even minor inadvertent clerical errors in maintaining the prescribed documentation, the PCPNDT Act has become a tool for harassing doctors. In fact, it does not appear to have fulfilled the purpose for which it was introduced. The National Family Health Survey-5 (NFHS) data for 2019-21 indicates that the sex ratio at birth (Number of females born per thousand male births) of 929 is still a cause for worry. It’s way below the WHO standard of 952, indicating clearly that even now there is continued sex selection at birth, notwithstanding a slight improvement from the previous survey.
The sex ratio data from successive national family health surveys has pegged these figures at a higher level than the corresponding census data. Being a sample survey, NFHS data is likely to be less accurate and only the next census would reveal whether the sex ratio has actually improved and to what extent.[Read More]