Critical Analysis Of Pre-Conception And Pre- Natal Diagnostic Techniques (PCPNDT) Act, 1994: The Way Forward

Neha Uppin, LLM, Christ Deemed to Be University, Bengaluru

ABSTRACT

In the context of Indian society, the practice of sex selection for fetuses, particularly favoring male offspring, represents a multifaceted issue deeply entrenched in cultural, social, and economic dynamics. India, like numerous other societies, has a long history of patriarchal traditions where males are traditionally regarded as the primary providers and the bearers of family lineage. This preference for male heirs is deeply rooted in historical legacies and has become an integral part of the societal fabric over centuries. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act of 1994 in India stands as a pivotal response to the alarming trend of declining sex ratios and rampant female foeticide, fueled by the misuse of prenatal diagnostic methods. The 1980s and early 1990s witnessed a heightened concern over this issue, driven by cultural, social, and economic factors that favored male offspring. Technological advancements, particularly in ultrasound imaging, facilitated early sex determination during pregnancy, leading to the selective abortion of female foetuses. The Indian government's legislative response began with the Medical Termination of Pregnancy (MTP) Act of 1971,

which permitted abortion under specific circumstances but did not directly tackle sex-selective abortion. Subsequently, the PCPNDT Act was enacted in 1994, specifically targeting the misuse of prenatal diagnostic techniques for sex determination. The historical context surrounding the PCPNDT Act underscores a complex interplay of societal norms, technological innovations, and legal frameworks. It reflects the concerted efforts of Indian society and the government to combat gender discrimination and uphold the rights of the girl child. However, challenges persist in effectively implementing and enforcing such legislation. The passage of the PCPNDT Act represents a crucial step in addressing gender-based disparities and promoting gender equality in India, yet ongoing vigilance and proactive measures are necessary to ensure its continued efficacy in safeguarding the well-being of female infants and combating sex-selective practices.