‘Deep-seated’ bias for male child persists despite improving sex ratio, says Supreme Court

The Supreme Court has observed that although the country’s child sex ratio has shown “clear signs of improvement”, the continued prevalence of sex selection practices reflects “deep-seated patriarchal preferences” for a male child.

A Bench of Justices Sanjay Karol and P.K. Mishra made the observation while dismissing a Maharashtra doctor’s appeal challenging criminal proceedings against him under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act).

Referring to various schemes introduced by State governments to curb female foeticide and improve the condition of women, the court said these reflected sustained efforts to address the systemic discrimination faced by “the girl child in an inherently patriarchal” society. However, it pointed out that several States continue to record sex ratios at birth below the national average.

“According to official Government of India data, the country’s sex ratio has shown clear signs of improvement in recent years… Nonetheless, several States still report sex ratios at birth below the national average. This shows the continuing presence of deep-seated patriarchal preferences towards a male child and the ‘behind the curtains’ prevalence of sex selection practices,” the Bench said.

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Accordingly, the top court stressed that strict enforcement of the PCPNDT Act would remain essential until entrenched social attitudes towards the girl child undergo meaningful change.

“..the integrity and strict enforcement of welfare-oriented legislation such as the PCPNDT Act remain essential along with efforts continued and earnest, till the time there is a widespread change in mentality and what till now is perceived as the ‘inherent weakness’ of the woman, is replaced by true equality, when there will dawn a realisation that efforts such as these are no longer required. This is not to say that the laws protecting women will no longer be required, but at least, there will no longer be a question on whether a girl child deserves to be born”, the ruling authored by Justice Karol stated.

The Bench observed that concerns over the declining child sex ratio had prompted stricter implementation of the PCPNDT Act. It referred to Census data showing that the national child sex ratio fell from 945 in 1991 to 927 in 2001 and further to 919 in 2011.

The judges also noted the country continues to face significant challenges in achieving gender parity when assessed against global indicators.

“On a global level though, unfortunately, the data does not present a positive outlook. The World Economic Forum’s Global Gender Gap Report 2025 records a drop in our ranking in terms of overall gender parity score from the previous year to 131 out of 148, from 129 the previous year”, the Bench said.

Justice Karol, also referred to noted poet Subhadra Kumari Chauhan’s poem Balika ka Parichay, which he said “powerfully describes the beautiful joy of a mother upon the birth of her daughter”. The Bench added that “to our mind the objective of the…Act…is to enable a woman to feel the same “joy”.

Accordingly, the Bench refused to quash the criminal proceedings against the doctor, underlining that “letting infractions slide” would defeat the purpose of the PCPNDT Act.