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Law Without Impact? Examining The Disconnect Between Legal Prohibitions And Persisting Gender Imbalance In India




Abdul Bahav, Law College Dehradun, Uttaranchal University

Ashutosh Mishra, Law College Dehradun, Uttaranchal University


ABSTRACT


The phenomenon of “missing girls” in India represents a persistent demographic and human rights crisis, despite a robust statutory framework aimed at prohibiting gender-biased sex selection. This paper critically examines the disconnect between legal prohibitions particularly under the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 and the continuing imbalance in the sex ratio. It argues that while the legislative architecture is comprehensive, its effectiveness is undermined by systemic implementation failures, socio-cultural biases, weak enforcement mechanisms, and administrative inefficiencies. The study adopts a socio- legal approach to analyze the interplay between law and entrenched patriarchal norms, highlighting the limitations of criminal law as a tool for social transformation. By evaluating judicial responses, policy interventions, and statistical trends, the paper proposes reforms aimed at bridging the gap between law and lived realities, ensuring substantive gender justice.


Keywords: Missing girls, PCPNDT Act, gender imbalance, sex ratio, implementation deficit, female foeticide, socio-legal analysis.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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