Vinod Chandrashekhar Dixit:
Sex determination tests on pregnant women have been illegal in India for years. Yet, sex determination and the preference for sons continue to result in the selective termination of pregnancies. The widespread use of illegal tests to determine the sex of an unborn child is fueling a rise in female foeticide cases across the country.
India banned sex determination tests in 1994 as the gender balance became increasingly skewed. Indian law does not, under any circumstances, allow sex determination tests to be undertaken with the intent to terminate the life of a fetus developing in the mother’s womb, unless there are absolute medical indications for termination as specified in the Medical Termination of Pregnancy (MTP) Act, 1971.
The MTP Act was enacted with a view to controlling family size. However, in some cases, the desire for a small family has outweighed the desire for a child of a particular gender, leading to abortions when the sex of the fetus does not match family expectations. In India, where aborted female fetuses have contributed to a nationwide gender imbalance, it is illegal for doctors to reveal the sex of an unborn child. Yet, with boys still valued far more than girls, a lucrative underground business continues to thrive.
Though sex determination tests using techniques such as ultrasonography and amniocentesis are banned, female fetuses are still commonly killed in regions where son preference runs deep. Under the Indian Penal Code, causing an abortion—even if done by the pregnant woman herself—is a criminal offence unless it is performed to save the life of the woman. The offence is punishable by imprisonment of up to three years, a fine, or both.
The PNDT Act mandates that all ultrasound facilities must be registered and that medical practitioners maintain records of every scan conducted on a pregnant woman. It clearly states that prenatal diagnostic techniques may be used only to detect genetic abnormalities, metabolic disorders, chromosomal abnormalities, certain congenital malformations, or sex-linked disorders. The 1994 law specifically made it illegal for medical practitioners to reveal the sex of the fetus to prevent misuse of ultrasound technology for sex selection.
It is evident that sex determination and female foeticide persist due to insufficient monitoring of medical practitioners. In many families, the birth of a son is celebrated as a matter of pride, while the birth of a daughter is often met with disappointment or even mourning. This is especially true among poorer families who fear the heavy financial burden of dowries.
The issue of foeticide has been conveniently forgotten. Little is done to curb illegal practices, allowing those involved in sex determination and foeticide to move scot-free. Experts argue that the problem lies not with the law itself, but with its weak implementation. Monitoring of ultrasound clinics remains poor, and although clinics are required to maintain detailed records, violators are often let off with minimal fines.
There has been some progress. India’s sex ratio at birth improved to 917 females per 1,000 males in 2021–23, up from 899 in 2016–18. Twelve states have surpassed the national average. The Beti Bachao Beti Padhao scheme, launched in 2015, has contributed to this improvement, with the sex ratio at birth rising from 918 in 2014–15 to 930 in 2023–24.
However, to further minimize the possibility of foeticide and infanticide, it is necessary to bring about changes in the PNDT Act. One such measure could be making it compulsory for all pregnant women to undergo scans only at government hospitals, ensuring stricter monitoring and accountability.
(Note: Dr. Vinod Chandrashekhar Dixit is a freelance journalist, writer, and cartoonist, and a seven-time Limca Book of Records holder. He writes extensively on social issues, public health, and governance.)
