Supreme Court Flags Patriarchal Preference for Male Child; Calls for Strict Enforcement of Law Prohibiting Sex Selection

The Supreme Court has called for strict enforcement of welfare-oriented legislation such as the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) till the time there is a widespread change in mentality.

Noting that several states in India still do report sex ratios at birth below the national average, a bench of Justices Sanjay Karol and Prashant Kumar Mishra has observed that this shows the continuing presence of deep-seated patriarchal preferences towards a male child and the ‘behind the curtains’ prevalence of sex selection practices. 

"Consequently, 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 realization that efforts such as these are no longer required. This is not to say that the laws protecting women within legislation such as IPC/BNS 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 court has observed.

These observations came to be made by the bench while dismissing a appeal filed by one Dr. Ramesh against the suspension of his sonography center and seizure of the sonography machine therein. A search was conducted the equipment belonging to the appellant was seized. The authority has then issued notice to him under Section 20(1) of the PCPNDT, calling upon him to offer an explanation. 

Supreme Court has noted that while the declining sex ratio issue is better and has shown considerable improvemen, however, diluting the provisions of law, or letting infractions thereof slide cannot be countenanced.

"According to official Government of India data, the country’s sex ratio has shown clear signs of improvement in recent years, though the story is not entirely straightforward. The National Family Health Survey-5 (2019–21)11, conducted under the Ministry of Health and Family Welfare, records the sex ratio to be 1,020 females per 1,000 males, compared to 991 in NFHS-4 (2015–16).12. At the same time, the sex ratio at birth, which reflects the number of girls born relative to boys in the five years preceding the survey, stood at 929 females per 1,000 males. Although this represents some improvement compared to previous reports, it remains below the biologically expected level of around 950 or higher.14 On a global level though, unfortunately, the data does not present a positive outlook. The World Economic Forum’s Global Gender Gap Report 202515 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 judgment notes.

The judgment highlights that the current scenario, good, or not so good, with scope of improvement, as it may be, is a result of continued efforts by Central and State Governments. It has also observed that more than seventy-five years after we have set out to chart our own path, even today seeing posters for education and upliftment, including financial security, of a girl child is not a sight out of the ordinary, in any town or city, including Delhi, where it is most often visible on the buses of the Delhi Transport Corporation.

Citing over 17 government schemes, the bench has noted these schemes are indicative of continued efforts to eradicate the systemic bias suffered by the girl child in an inherently patriarchal system. "Much progress has been made, and yet, much is left to be desired. In sum, while the situation is markedly better than it was in the mid-1990s, the data does not support complacency," court has observed.

Case Title: DR. RAMESH vs. STATE OF MAHARASHTRA & ANR.

Bench: Justices Sanjay Karol and PK Mishra

Judgment Date: June 11, 2026