PCPNDT Act: Supreme Court Says Mandatory Record-Keeping Is Key to Preventing Female Foeticide

Holding that mandatory record maintenance under the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) is central to preventing female foeticide, the Supreme Court recently refused to interfere with criminal proceedings against a Maharashtra doctor accused of violating the law.

Court said deficiencies in mandatory records cannot be brushed aside as mere technical or clerical errors and must be viewed in light of the Act's larger objective of curbing sex-selective practices.

A Bench of Justices Sanjay Karol and Prashant Kumar Mishra dismissed the appeal filed by Dr. Ramesh, who had challenged the Bombay High Court's refusal to quash criminal proceedings initiated against him under the PCPNDT Act over alleged deficiencies in Form F records maintained by his sonography centre.

Court held that the Magistrate had rightly taken cognizance of the complaint and found no infirmity in the high court's decision refusing to interfere at the threshold.

PCPNDT Act: Record-keeping is the backbone of enforcement

Emphasising the importance of maintaining complete records under the PCPNDT Act, the Bench said the statutory provisions and earlier judicial precedents leave "no room for doubt" that proper documentation is indispensable to achieving the law's objective.

Court observed that although India's sex ratio has shown signs of improvement in recent years, this cannot become a reason to dilute statutory safeguards. It noted that letting violations of the law "slide" would defeat the very purpose for which the legislation was enacted.

Referring to its earlier judgment in Federation of Obstetrics & Gynaecological Societies of India v. Union of India, the bench reiterated that non-maintenance of records is not a clerical lapse but a "springboard" for the commission of the offence of female foeticide. Since records are often the only means of verifying whether an ultrasound clinic is engaging in unlawful sex determination, complete compliance with Form F requirements is mandatory, it said.

Patriarchal mindset still persists despite improving sex ratio

The judgment also contains strong observations on the continuing need for strict enforcement of the PCPNDT Act.

The Bench noted that while official data points to an improvement in India's overall sex ratio and sex ratio at birth over the years, several states continue to report figures below the national average. According to the Court, this reflects the continuing prevalence of "deep-seated patriarchal preferences towards a male child" and the "behind the curtains" practice of sex selection.

The judges observed that more than 75 years after Independence, campaigns promoting the education, welfare and financial security of the girl child remain commonplace, underscoring that the social problem the PCPNDT Act seeks to address has not disappeared. Court also referred to various government initiatives, including Beti Bachao Beti Padhao and other welfare schemes, aimed at improving the status of the girl child.

Doctor argued Form F errors were technical

The case arose after authorities inspected the appellant's sonography centre in Maharashtra and initiated action alleging violations of Sections 4(3), 5, 6 and 29 of the PCPNDT Act and the relevant Rules. Proceedings were subsequently launched before the Judicial Magistrate First Class, Ardhapur.

Before the Supreme Court, the doctor contended that the District Civil Surgeon was not the competent authority to initiate the proceedings and argued that the deficiencies in Form F were merely technical and inadvertent, without any intention to violate the law. He also claimed that maintaining records was the responsibility of the hospital staff rather than the treating doctor.

The Bench rejected these submissions. It noted that the State Government had validly notified the District Civil Surgeon as the Appropriate Authority under the Act and agreed with the High Court that deficiencies in mandatory records cannot be treated as trivial. Whether the alleged violations were actually committed would be a matter for trial, it added.

Dismissing the appeal, the Supreme Court affirmed that the criminal prosecution would continue, reiterating that courts must resist any attempt to weaken the statutory framework enacted to combat sex-selective practices and protect the right to life and dignity of the girl child.

Case Title: Dr Ramesh Vs State of Maharashtra

Bench: Sanjay Karol and Prashant Kumar Mishra

Date of Judgment: June 11, 2026