Case Note & Summary
The Supreme Court addressed the ongoing issue of female foeticide in India, highlighting the societal discrimination against female children rooted in deep-seated prejudices and the dowry system. The Court noted the alarming decline in the female child sex ratio, attributing it to the misuse of pre-natal diagnostic techniques for sex selection, which contravenes the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994. The Court observed that despite the establishment of supervisory boards and authorities, the implementation of the Act remained inadequate, with many medical professionals continuing to perform sex-selective abortions. The Court referred to previous judgments that had recognized the misuse of the Act and directed personal appearances of Health Secretaries from various states to assess compliance with the Act's provisions. The Court found that the lack of effective supervision and accountability led to a culture of impunity among violators, with few convictions resulting from the numerous cases filed under the Act. The Court issued a series of directives aimed at enhancing the enforcement of the Act, including regular meetings of supervisory boards, mandatory reporting of violations, and the establishment of awareness campaigns to educate the public on the importance of gender equality and the legal prohibitions against female foeticide. The Court emphasized that societal attitudes towards women must change to prevent the ongoing discrimination and violence against them. The judgment concluded with a call for urgent action from the State Governments and relevant authorities to ensure the effective implementation of the Act and to file status reports on their progress.
Headnote
A) Constitutional Law - Implementation of Welfare Legislation - Effective Enforcement of Prohibition on Sex-Selection - Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 - The Court emphasized the need for stringent implementation of the Act to combat the declining female child ratio and prevent female foeticide, directing authorities to enhance monitoring and compliance measures (Paras 1-10). B) Medical Law - Violation of Medical Termination Provisions - Misuse of Medical Termination of Pregnancy Act, 1971 - The Court noted the conscious violation of the Medical Termination of Pregnancy Act by medical professionals performing sex-selective abortions, necessitating stricter oversight and accountability (Paras 2-5). C) Social Justice - Awareness Campaigns - Necessity for Public Education on Female Foeticide - Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 - The Court highlighted the importance of conducting effective awareness campaigns to educate the public on the legal and social implications of female foeticide, urging State Governments to take proactive measures (Paras 11-28).
Issue of Consideration
Whether the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994 are being effectively implemented to prevent female foeticide.
Final Decision
The Court directed the Central and State Governments to enhance the implementation of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition on Sex-Selection) Act, 1994, by conducting regular meetings of supervisory boards, ensuring compliance with record-keeping, and launching effective public awareness campaigns. The Court mandated that all pending cases under the Act be disposed of within six months and required status reports from the State Governments.
Law Points
- Prohibition of sex selection
- implementation of welfare legislation
- violation of medical termination provisions
- awareness campaigns
- monitoring of genetic clinics
