Dr. Ramesh vs The State Of Maharashtra
- Court
- Supreme Court
2026 INSC 635
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO OF 2026
(Arising out of Special Leave Petition (Criminal) No.9574 of 2018)
DR. RAMESH …APPELLANT(S)
[
VERSUS
STATE OF MAHARASHTRA & ANR. …RESPONDENT(S)
J U D G M E N T
SANJAY KAROL J.
Leave granted.
2. In the larger context of this appeal, we are reminded of the words of
Subhadra Kumari Chauhan in the poem ‘ Balika ka parichay ’. It powerfully
describes the beautiful joy of a mother upon the birth of her daughter:
“ यह मेरी गोदी की शोभा , सुख सोहाग की है लाली
शाही शान भभखारन की है , मनोकामना मतवाली
दीप - भशखा है अँधेरे की , घनी घटा की उभियाली
उषा है यह काल - भ ृंग की , है पतझर की हररयाली
Signature Not Verified
Digitally signed by
MINI
Date: 2026.06.11
13:48:27 IST
Reason:
सुधाधार यह नीरस भदल की , मस्ती मगन तपस्वी की .
िीभवत ज्योभत नष्ट नयनोृं की , सच्ची लगन मनस्वी की .
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बीते हुए बालपन की यह , क्रीडापूर्ण वाभटका है .
वही मचलना , वही भकलकना , हँसती हुई नाभटका है .
मेरा मृंभदर , मेरी मसभिद , काबा काशी यह मेरी .
पूिा पाठ , ध्यान , िप , तप , है घट - घट वासी यह मेरी .
क ष्णचन्द्र की क्रीडाओृं को अपने आृंगन में देखो .
कौशल्या के मात - मोद को , अपने ही मन में देखो .
प्रभु ईसा की क्षमाशीलता , नबी मुहम्मद का भवश्वास .
िीव - दया भिनवर गौतम की , आओ देखो इसके पास .
पररचय पूछ रहे हो मुझसे , कैसे पररचय दूँ इसका .
वही िान सकता है इसको , माता का भदल है भिसका ”
Well, to our mind the objective of the Pre-Natal Diagnostic Techniques
1
(Prohibition of Sex Selection) Act, 1994 is to enable a woman to feel the joy that
has been described above.
From our own scriptures, the once much cherished, but now largely
forgotten value is also worth reminding ourselves of:
2
3. This appeal challenges the judgment and order of the High Court of Judicature
at Bombay, Aurangabad Bench in CrWP No. 1363 of 2017, whereby the challenge
th
to the order taking cognizance dated 9 June 2016 in RCC No.16 of 2016 passed by
3
the Judicial Magistrate First Class, Ardhapur was rejected.
4. The Trial Court has directed the issuance of process under Section 204 of the
4
Code of Criminal Procedure for the offences punishable under Section 23 of the
1
PCPNDT
2
[‘Yatra naryastu pujyante ramante tatra dewatah’] (where woman is worshipped, there is abode of God).
3
Trial Court
4
CrPC
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Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
5
Act, 1994 for violation of Sections 4(3), 5, 6 and 29 of the Act and Rules 9, 8(5)
and 18(9).
st
Also under challenge was the order dated 21 August 2017 which dismissed
the Criminal Revision No. 82 of 2016 preferred by the appellant against the issuance
of process.
5. In short, an Authority (delegation of power to whom is in fact, a point of
challenge raised before us) conducted a search and seized the equipment belonging
to the appellant and issued notice to him under Section 20(1) of the PCPNDT, calling
th
upon him to offer an explanation. Pursuant to letter dated 18 March 2016 issued by
such Authority, he also appeared before the Advisory Committee, constituted under
nd
the Act on 22 March 2016. Having heard him, it was concluded that prima facie
material existed in so far as the violations under PCPNDT were concerned. The
suspension of the sonography center and seizure of the sonography machine was
rd
ordered by communication dated 23 March 2016. Here itself, it may be noted that
this seizure of machine was challenged as per law, and as on date it stands released
in favour of the appellant as also registration thereof restored. The same is, therefore,
a non- issue before us. Proceedings before the Trial Court, as already noted, were
th th
initiated on 28 April 2016. The order under challenge was issued on 9 June 2016.
6. A Revision Petition was preferred against this Order which was disposed of
st
by judgment dated 21 August 2017. Both grounds raised, i.e., the competence of
the Civil Surgeon, as the appropriate Authority and, the maintenance and updating
of records being the responsibility of the hospital staff and not the responsibility of
5
PCPNDT
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the appellant herein were rejected.
7. In the judgment impugned before us, the grounds of challenge raised by the
appellant were two –fold. One, that Civil Surgeon was not the appropriate Authority
under the Act and as such, the cognizance taken by the Magistrate was without basis;
Two, it was urged that the errors or blanks in Form ‘F’ were technical errors and
inadvertent. They were not errors backed by intention.
th
Regarding the first contention, notification dated 15 May 2015 was taken
note of which made the District Civil Surgeon, the appropriate Authority under the
Act, and as such, the instant proceedings were in accordance with law.
About the second contention, it was concluded by the Court that the errors in
maintaining the records were not a trivial matter and compromises in maintaining
the record apart from being a substantive offence under the proviso to Section 4(3),
would also be offensive to the scope of the Act. The extent and manner of violations
in maintaining the record is a question of trial and had to be determined in such
proceedings. The order of the Magistrate suffered from no error.
8. The appellant, therefore, has carried the matter in appeal before this Court.
We have heard the learned counsel for the parties and perused the record. The short
question to be considered is whether the Magistrate was correct in taking
cognizance.
9. At the outset, we may profitably refer to the observations in Voluntary Health
6
Assn. of Punjab v. Union of India , wherein this court observed:
“14. Female foeticide has its roots in the social thinking which is fundamentally
based on certain erroneous notions, egocentric traditions, perverted perception of
societal norms and obsession with ideas which are totally individualistic sans the
6
(2013) 4 SCC 1
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collective good. All involved in female foeticide deliberately forget to realise that
when the foetus of a girl child is destroyed, a woman of the future is crucified. To
put it differently, the present generation invites the sufferings on its own and also
sows the seeds of suffering for the future generation, as in the ultimate eventuate,
the sex ratio gets affected and leads to manifold social problems. I may hasten to
add that no awareness campaign can ever be complete unless there is real focus on
the prowess of women and the need for women empowerment.”
Even after more than a decade our sentiment is similar.
10. The relevant provisions of the PCPNDT Act are as follows:
2. Definitions.- In this Act, unless the context otherwise requires,— (a)
“Appropriate Authority” means the Appropriate Authority appointed under section
17
“pre-natal diagnostic procedures” means all gynaecological or obstetrical or
medical procedures such as ultrasonography, foetoscopy, taking or removing
samples of amniotic fluid, chorionic villi, blood or any other tissue or fluid of a
man, or of a woman for being sent to a Genetic Laboratory or Genetic Clinic for
conducting any type of analysis or pre-natal diagnostic tests for selection of sex
before or after conception; (j) “pre-natal diagnostic techniques” includes all pre-
natal diagnostic procedures and pre-natal diagnostic tests;
“ CHAPTER III
REGULATION OF PRE-NATAL DIAGNOSTIC TECHNIQUES
4. Regulation of pre-natal diagnostic techniques .- On and from the
commencement of this Act,—
1. no place including a registered Genetic Counselling Centre or Genetic
Laboratory or Genetic Clinic shall be used or caused to be used by any person for
conducting pre-natal diagnostic techniques except for the purposes specified in
clause (2) and after satisfying any of the conditions specified in clause (3);
2. no pre-natal diagnostic techniques shall be conducted except for the purposes of
detection of any of the following abnormalities, namely:—
…
3. no pre-natal diagnostic techniques shall be used or conducted unless the person
qualified to do so is satisfied for reasons to be recorded in writing that any of the
following conditions are fulfilled, namely:—
(i) age of the pregnant woman is above thirty-five years;
…
Provided that the person conducting ultrasonography on a pregnant woman shall
keep complete record thereof in the clinic in such manner, as may be prescribed,
and any deficiency or inaccuracy found therein shall amount to contravention of
provisions of section 5 or section 6 unless contrary is proved
by the person conducting such ultrasonography;
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4. …
5. … “
“5. Written consent of pregnant woman and prohibition of communicating the
sex of foetus.
1. No person referred to in clause (2) of section 3 shall conduct the pre-natal
diagnostic procedures unless—
(a) he has explained all known side and after effects of such procedures to the
pregnant woman concerned;
(b) he has obtained in the prescribed form her written consent to undergo such
procedures in the language which she understands; and
(c) a copy of her written consent obtained under clause (b) is given to the pregnant
woman.
2. No person including the person conducting pre-natal diagnostic procedures
shall communicate to the pregnant woman concerned or her relatives or any other
person the sex of the foetus by words, signs or in any other manner. 6.
Determination of sex prohibited.- On and from the commencement of this Act,—
(a) no Genetic Counselling Centre or Genetic Laboratory or Genetic Clinic shall
conduct or cause to be conducted in its Centre, Laboratory or Clinic, pre-natal
diagnostic techniques including ultrasonography, for the purpose of determining
the sex of a foetus;
(b) no person shall conduct or cause to be conducted any pre-natal diagnostic
techniques including ultrasonography for the purpose of determining the sex of a
foetus;
(c) no person shall, by whatever means, cause or allow to be caused selection of
sex before or after conception.”
(emphasis supplied)
… … … …
23. Offences and penalties .- (1) Any medical geneticist, gynaecologist, registered
medical practitioner or any person who owns a Genetic Counselling Centre, a
Genetic Laboratory or a Genetic Clinic or is employed in such a Centre,
Laboratory or Clinic and renders his professional or technical services to or at
such a Centre, Laboratory or Clinic, whether on an honorary basis or otherwise,
and who contravenes any of the provisions of this Act or rules made thereunder
shall be punishable with imprisonment for a term which may extend to three years
and with fine which may extend to ten thousand rupees and on any subsequent
conviction, with imprisonment which may extend to five years and with fine which
may extend to fifty thousand rupees.
2. The name of the registered medical practitioner shall be reported by the
Appropriate Authority to the State Medical Council concerned for taking necessary
action including suspension of the registration if the charges are framed by the
court and till the case is disposed of and on conviction for removal of his name
from the register of the Council for a period of five years for the first offence and
permanently for the subsequent offence.
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3. Any person who seeks the aid of a Genetic Counselling Centre, Genetic
Laboratory, Genetic Clinic or ultrasound clinic or imaging clinic or of a medical
geneticist, gynaecologist, sonologist or imaging specialist or registered medical
practitioner or any other person for sex selection or for conducting pre- natal
diagnostic techniques on any pregnant women for the purposes other than those
specified in sub-section (2) of section 4, he shall, be punishable with imprisonment
for a term which may extend to three years and with fine which may extend to fifty
thousand rupees for the first offence and for any subsequent offence with
imprisonment which may extend to five years and with fine which may extend to
one lakh rupees.
4. For the removal of doubts, it is hereby provided, that the provisions of sub-
section (3) shall not apply to the woman who was compelled to undergo such
diagnostic techniques or such selection.
(emphasis supplied)
… … … …
28. Cognizance of offences .
1. No court shall take cognizance of an offence under this Act except on a complaint
made by—
(a) the Appropriate Authority concerned, or any officer authorised in this behalf by
the Central Government or State Government, as the case may be, or the
Appropriate Authority; or
(b) a person who has given notice of not less than fifteen days in the manner
prescribed, to the Appropriate Authority, of the alleged offence and of his intention
to make a complaint to the court.
Explanation.—For the purpose of this clause, “person” includes a social
organisation.
2. No court other than that of a Metropolitan Magistrate or a Judicial Magistrate
of the first class shall try any offence punishable under this Act.
3. Where a complaint has been made under clause (b) of subsection (1), the court
may, on demand by such person, direct the Appropriate Authority to make available
copies of the relevant records in its possession to such person.”
(emphasis supplied)
11. Section 32 of the Act, although not reproduced supra , provides the rule-
making power. Under this Authority, the Central Government has framed the Pre-
Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Rules, 1996. The Scheme thereof was discussed in a recent judgment of this Court
7
speaking through Bhuyan J., in Naresh Kumar Garg (Dr.) v. State of Haryana .
7
2026 SCC OnLine SC 295
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12. For our purposes, since the errors or blanks in Form ‘F’ is at ‘ front and centre ’
it would be apposite to reproduce the same as prescribed under the Rules:
“ Form F
[See Proviso to Section 4(3), Rule 9(4) and Rule 10(1-A)]
FORM FOR MAINTENANCE OF RECORD IN CASE OF PRE-NATAL
DIAGNOSTIC TEST/PROCEDURE BY GENETIC CLINIC/ULTRASOUND
CLINIC/IMAGING CENTRE
Section A: To be filled in for all Diagnostic Procedures/Tests
1. Name and complete address of Genetic Clinic/Ultrasound Clinic/Imaging
centre:………………………
2. Registration No. (Under PC & PNDT Act, 1994)
……………………………………………..
3. Patient's name……………………….Age…………
4. Total Number of living children: ……………………..
(a) Number of living sons with age of each living son (in years or
months):………………………………………
(b) Number of living daughters with age of each living daughter(in years or
months):…………………………………
5. Husband's/Wife's/Father's/Mother's Name:
…………………………………………..
6. Full postal address of the patient with Contact Number, if
any…………………………
7.(a) Referred by (Full name and address of Doctor(s)/Genetic Counseling
Centre):………………
(Referral slips to be preserved carefully with Form F)
(b) Self-Referral by Gynaecologist/Radiologist/Registered Medical Practitioner
conducting the diagnostic procedures:………………………………
(Referral note with indications and case papers of the patient to be preserved with
Form F)
Self-referral does not mean a client coming to a clinic and requesting for the test
or the relative/s requesting for the test of a pregnant woman
………………………………………..
8. Last menstrual period or weeks of pregnancy:
………………………………………….
Section B : To be filled in for performing non-invasive diagnostic
Procedures/Tests only
9. Name of the doctor performing the procedure/s:
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………………………………………….
10. Indication/s for diagnosis procedure ………………
(specify with reference to the request made in the referral slip or in a self-referral
note)
(Ultrasonography prenatal diagnosis during pregnancy should only be performed
when indicated. The following is the representative list of indications for ultrasound
during pregnancy. (Put a “Tick” against the appropriate indication/s for
ultrasound)
i. To diagnose intra-uterine and/or ectopic pregnancy and confirm viability.
ii. Estimation of gestational age (dating).
iii. Detection of number of fetuses and their chorionicity.
iv. Suspected pregnancy with IUCD in-situ or suspected pregnancy following
contraceptive failure/MTP failure.
v. Vaginal bleeding/leaking.
vi. Follow-up of cases of abortion.
vii. Assessment of cervical canal and diameter of internal os.
viii. Discrepancy between uterine size and period of amenorrhea.
ix. Any suspected adenexal or uterine pathology/abnormality. x. Detection of
chromosomal abnormalities, fetal structural defects and other abnormalities and
their follow-up.
xi. To evaluate fetal presentation and position.
xii. Assessment of liquor amnii.
xiii. Preterm labor/preterm premature rupture of membranes.
xiv. Evaluation of placental position, thickness, grading and abnormalities
(placenta praevia, retro-placental hemorrhage, abnormal adherence, etc.).
xv. Evaluation of umbilical cord-presentation, insertion, nuchal encirclement,
number of vessels and presence of true knot.
xvi. Evaluation of previous Caesarean Section scars. xvii. Evaluation of fetal
growth parameters, fetal weight and fetal well being.
xviii. Color flow mapping and duplex Doppler studies.
xix. Ultrasound guided procedures such as medical termination of pregnancy,
external cephalic version, etc. and their follow-up.
xx. Adjunct to diagnostic and therapeutic invasive interventions such as chorionic
villus sampling (CVS), amniocenteses, fetal blood sampling, fetal skin biopsy,
amnio-infusion, intrauterine infusion, placement of shunts, etc.
xxi. Observation of intra-partum events.
xxii. Medical/surgical conditions complicating pregnancy.
xxiii. Research/scientific studies in recognised institutions.
11. Procedures carried out (Non-Invasive) (Put a “Tick” on the appropriate
procedure)
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i. Ultrasound
( Important Note : Ultrasound is not indicated/advised/performed to determine the
sex of fetus except for diagnosis of sex-linked diseases such as Duchene Muscular
Dystrophy, Hemophilia A & B etc.)
ii. Any other (specify) ………
12. Date on which declaration of pregnant woman/person was
obtained:……………………
13. Date on which procedures carried out: …………
14. Result of the non-invasive procedure carried out (report in brief of the test
including ultrasound carried
out)…………………………………………………………..
15. The result of pre-natal diagnostic procedures was conveyed
to…………on…………
16. Any indication for MTP as per the abnormality detected in the diagnostic
procedures/tests…………
Date:(………………………………………….)
Place:Name, Signature and Registration Number with Seal of the
Gynaecologist/Radiologist/Registered Medical Practitioner performing
Diagnostic Procedure/s
Section C: To be filled for performing invasive Procedures/Tests only
17. Name of the doctor/s performing the procedure/s:
………………………………………
18. History of genetic/medical disease in the family (specify):………………………
Basis of diagnosis (“Tick” on appropriate basis of diagnosis):
(a) Clinical (b) Bio-chemical
(c) Cytogenetic (d) other (e.g. radiological, ultrasonography, etc. specify)
19. Indication/s for the diagnosis procedure (“Tick” on appropriate indication/s):
A. Previous child/children with:
(i) Chromosomal disorders (ii) Metabolic disorders
(iii) Congenital anomaly (iv) Mental Disability
(v) Haemoglobinopathy (vi) Sex-linked disorders
(vii) Single gene disorder (viii) Any other (specify)
B. Advanced maternal age (35 years)
C. Mother/father/sibling has genetic disease (specify)
D. Other (specify) …………………………………………
20. Date on which consent of pregnant woman/person was obtained in Form G
prescribed in PC & PNDT Act, 1994:…………………………………………………
21. Invasive procedures carried out (“Tick” on appropriate indication/s)
i. Amniocentesis ii. Chorionic Villi aspiration
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iii. Fetal biopsy iv. Cordocentesis
v. Any other (specify)
22. Any complication/s of invasive procedure (specify)…
23. Additional tests recommended (Please mention if applicable)
(i) Chromosomal studies (ii) Biochemical studies
(iii) Molecular studies (iv) Pre-implantation gender diagnosis
(v) Any other (specify)
24. Result of the Procedures/Tests carried out (report in brief of the invasive
tests/procedures carried out)…………………..
25. Date on which procedures carried out:…………………
26. The result of pre-natal diagnostic procedures was conveyed to
…………on…………
27. Any indication for MTP as per the abnormality detected in the diagnostic
procedures/tests…………………………………………
(………………………………………….)
Date: Name, Signature and Registration
Place: Number with Seal of the
Gynaecologist/Radiologist/Registered Medical Practitioner
performing Diagnostic Procedure/s
Section D: Declaration
DECLARATION OF THE PERSON UNDERGOING PRE-NATAL
DIAGNOSTIC TEST/PROCEDURE
I, Mrs./Mr…………………………. declare that by undergoing ………………………
Prenatal Diagnostic Test/Procedure. I do not want to know the sex of my foetus.
(…………………………………………….)
Date: Signature/Thump impression of the person undergoing the Prenatal
Diagnostic Test/Procedure
In Case of thumb Impression:
Identified by (Name) ……………………Age:……Sex:……
Relation (if any):……….Address & Contact No.:…………..
Signature of a person attesting thumb impression:……… Date:…………
DECLARATION OF DOCTOR/PERSON CONDUCTING PRE-NATAL
DIAGNOSTIC PROCEDURE/TEST
I, ……………… (name of the person conducting ultrasonography/image scanning)
declare that while conducting ultrasonography/image scanning on Ms./Mr.
……………… (name of the pregnant woman or the person undergoing pre-natal
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diagnostic procedure/test), I have neither detected nor disclosed the sex of her fetus
to anybody in any manner.
Signature:………………………
Date:………… (…………………………………….)
Name in Capitals, Registration
Number with Seal of the
Gynaecologist/Radiologist/Registered Medical
Practitioner Conducting Diagnostic procedure
13. The importance and essentiality of the form to the proper functioning of the
Act is no longer up for debate. The position stands settled in Federation of
8
Obstetrics & Gynaecological Societies of India v. Union of India . It was held as
follows:
“ 97. In light of the nature of offences which necessitated the enactment of the Act
and the grave consequences that would ensue otherwise, suspension of registration
under Section 23(2) of the Act serves as a deterrent. …
98. Non-maintenance of record is springboard for commission of offence of
foeticide, not just a clerical error. In order to effectively implement the various
provisions of the Act, the detailed forms in which records have to be maintained
have been provided for by the Rules. These Rules are necessary for the
implementation of the Act and improper maintenance of such record amounts to
violation of provisions of Sections 5 and 6 of the Act, by virtue of proviso to Section
4(3) of the Act. In addition, any breach of the provisions of the Act or its Rules
would attract cancellation or suspension of registration of Genetic Counselling
Centre, Genetic Laboratory or Genetic Clinic, by the appropriate authority as
provided under Section 20 of the Act.
99. There is no substance in the submission that provision of Section 4(3) be
read down. By virtue of the proviso to Section 4(3), a person conducting
ultrasonography on a pregnant woman, is required to keep complete record of the
same in the prescribed manner and any deficiency or inaccuracy in the same
amounts to contravention of Section 5 or Section 6 of the Act, unless the contrary
is proved by the person conducting the said ultrasonography. The aforementioned
proviso to Section 4(3) reflects the importance of records in such cases, as they are
often the only source to ensure that an establishment is not engaged in sex
determination.
100. Section 23 of the Act, which provides for penalties of offences, acts in aid
of the other sections of the Act is quite reasonable. It provides for punishment for
8
(2019) 6 SCC 283
Crl.A…/2026 @ SLP (CRL) No. 9574 of 2018 Page 12 of 20
any medical geneticist, gynaecologist, registered medical practitioner or a person
who owns a Genetic Counselling Centre, a Genetic Clinic or a Genetic Laboratory,
and renders his professional or technical services to or at the said place, whether
on honorarium basis or otherwise and contravenes any provisions of the Act, or the
Rules under it.
101. Therefore, dilution of the provisions of the Act or the Rules would only
defeat the purpose of the Act to prevent female foeticide, and relegate the right to
life of the girl child under Article 21 of the Constitution, to a mere formality.
102. In view of the above, no case is made out for striking down the proviso to
Section 4(3), provisions of Sections 23(1), 23(2) or to read down Section 20 or 30
of the Act. Complete contents of Form F are held to be mandatory. Thus, the writ
petition is dismissed. No costs.”
(Emphasis supplied)
We notice that prior to the position having been authoritatively stated as above, High
Courts also echoed similar positions, inter alia , the Gujarat High Court in Suo Motu
9 10
v. State of Gujarat , and the Bombay High Court in Sai v. State of Maharashtra .
14. The provisions reproduced above and also the judicial interpretation thereof
leave no room for doubt. The keeping of records is essential to the Act and its
avowed purpose. It is true that in general terms, the declining sex ratio issue is better
and has shown considerable improvement but, 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
11
National Family Health Survey-5 (2019–21) , conducted under the Ministry of
Health and Family Welfare, records the sex ratio to be 1,020 females per 1,000
12
males, compared to 991 in NFHS-4 (2015–16). . At the same time, the sex ratio at
9
2008 SCC OnLine Guj 294
10
2016 SCC OnLine Bom 8812
11
https://dhsprogram.com/pubs/pdf/FR375/FR375.pdf
12
https://sansad.in/getFile/loksabhaquestions/annex/1714/AU926.pdf?source=pqals
Crl.A…/2026 @ SLP (CRL) No. 9574 of 2018 Page 13 of 20
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. As per Census
13
Commissioner’s report , the position is as follows:
CATEGORY 2015-17 2016-18 2017-19 2018-20 2019-21 2022-24
RURAL 898 900 904 907 912
914
URBAN 890 897 906 910 918
928
TOTAL 896 899 904 907 913
918
Although this represents some improvement compared to previous reports, it
14
remains below the biologically expected level of around 950 or higher. On a global
level though, unfortunately, the data does not present a positive outlook. The World
15
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.
15. Turning back the page of history confirms this assessment. Census data shows
that the national child sex ratio declined from 945 in 1991 to 927 in 2001 and further
to 919 in 2011, reflecting the severity of the imbalance that prompted stringent
implementation of the PCPNDT Act. The recovery to 929 at birth signals a partial
course correction, but yet, not a path of true equality and acceptability. Differences
across State drive whom this point. For example, Haryana and Punjab, which
13
Sample Registration System Statistical Report 2021 and Sample Registration System Statistical Report 2024
released by Office Of The Registrar General & Census Commissioner, India Ministry Of Home Affairs, Government
Of India;
14
Chakravarty N, Dabla V, Sagar M, Neogi S, Markan M, Segan M, Agnani S, Kapahi P, Neogi S. Cultural and Social
Bias Leading to Prenatal Sex Selection: India Perspective. Front Glob Womens Health. 2022 Accessssible at:
https://pmc.ncbi.nlm.nih.gov/articles/PMC9234277/
15
https://www.weforum.org/publications/global-gender-gap-report-2025/
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recorded child sex ratios below 900 in the years immediately after the turn of the
century have demonstrated improvement in subsequent surveys showing the success
of the regulations as enforced and the awareness measures being implemented.
Nonetheless, several states still do 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
16
practices . The following extract is from Statistics of India based on the Civil
Registration System 2023:
16
Vital Statistics of India Based on the Civil Registration System 2023 as on 10.10.2025
https://dc.crsorgi.gov.in/assets/download/Annual-Reports/crs/2023.pdf
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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. We may only
observe 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.
The various schemes brought in over the years are inter-alia as follows:
NAME OF THE
IMPLEMENTED BY AIMS OF THE SCHEME
SCHEME
SCHEME WITH EMPHASIS TO CURB FEMALE FOETICIDE
Beti Bachao Beti
17
Padhao
Central Government This scheme was launched on 22nd
January, 2015 (addresses the declining
child sex ratio and promotes the
survival, protection, and education of
the girl child.
Janani Suraksha
18
Yojana
Central Government It is a safe motherhood intervention
under the National Health Mission. It
is being implemented with the
objective of reducing maternal and
neonatal mortality by promoting
institutional delivery among poor
pregnant women. The scheme,
launched on 12 April 2005 by the
Hon’ble Prime Minister, is under
implementation in all states and Union
Territories (UTs), with a special focus
on Low Performing States (LPS).
Aapki Beti Hamari
19
Beti
Haryana Government scheme by the Haryana government
provides financial support to empower
girls, offering ₹2,500 per year for five
years to registered beneficiaries,
regardless of caste or income. The
17
https://www.pmindia.gov.in/en/government_tr_rec/beti-bachao-beti-padhao-caring-for-the-girl-child/
18
https://nhm.gov.in/index1.php%3Flang%3D1%26level%3D3%26lid%3D309%26sublinkid%3D841
19
https://wcdhry.gov.in/schemes-for-children/abhb/
Crl.A…/2026 @ SLP (CRL) No. 9574 of 2018 Page 16 of 20
scheme aims to improve the child sex
ratio, promoting the birth and
education of girls. It applies to first-
born girls in SC/BPL families and all
second-born girls.
Cradle Baby
20
Scheme
Tamil Nadu Government Programme that allows mothers to
safely surrender unwanted girl
children.
Chief Minister’s Girl
Child Protection
21
Scheme-I
Tamil Nadu Government Social Welfare and Women
Empowerment Department,
Government of Tamil Nadu. The
scheme aims to provide financial
assistance to girl children of poor
families as well as to promote girl
child education, small family norms,
increase the child sex ratio, discourage
the preference for male child &
eradicate female infanticide.
Chief Minister Kanya
22
Utthan Yojana
Bihar Government This is a scheme to stop female
feticide, encourage girl birth,
encourage birth registration, complete
vaccination of 02-year-old girls,
increase the gender ratio, reduce girl
child mortality rate, promote girl
education, Curb child marriage, reduce
the total fertility rate and bring girls
into the mainstream of society by
making them self-reliant, as a result of
which girls will contribute
significantly to the development of
family and society.
Nirbhaya Kadhi,
Mo Gelha Jiya,
Kalpana Avijan,
Odisha Government Schemes launched for adolescent girls
to prevent child marriages, to combat
20
https://www.google.com/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.tnsocialwelfare.tn.gov.in/
en/specilisationschild-welfare/cradle-baby-
scheme&ved=2ahUKEwj5z8vd9OqUAxXSTWcHHRXuPIoQFnoECBwQAQ&usg=AOvVaw3RyZQHt28CJ3Ssieg
1lNwD
21
https://www.tnsocialwelfare.tn.gov.in/en/specilisationschild-welfare/chief-ministers-girl-child-protection-scheme
22
https://www.myscheme.gov.in/schemes/cmkuy
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Swarna Kalika and
Veerangana Yojana
under BBBP
23
Scheme
sex selection and female foeticide, and
to boost Self-Esteem and Confidence
SCHEMES WITH EMPHASIS TO IMPROVE CONDITION OF WOMEN IN
SOCIETY
Vigyan Jyoti
24
Scheme
Central Government Implemented by the Department of
Science & Technology to encourage
meritorious girls to pursue careers in
STEM (Science, Technology,
Engineering, and Math) fields.
Bal Vivah Mukt
25
Bharat
Central Government Campaign aimed at eradicating child
marriage through strict enforcement of
the Prohibition of Child Marriage Act,
2006.
Pradhan Mantri
Matru Vandana
26
Yojana
Central Government Under Mission Shakti, this maternity
benefit scheme provides financial
assistance for the first living child. It
was revamped to offer ₹6,000 for the
second child if it is a girl, encouraging
families to embrace a second daughter.
The Sukanya
27
Samriddhi Account
Central Government Small savings scheme under the 'Beti
Bachao, Beti Padhao' campaign
designed for the girl child, offering a
high-interest rate (currently 8.2%) and
tax benefits. Parents can open this
account for a girl under 10, with a
minimum yearly deposit of ₹250 and a
maximum of ₹1.5 lakh until 15 years,
maturing in 21 years.
Balika Samriddhi
28
Yojana
Central Government Initiative supporting girl children born
on or after August 15, 1997, to below-
poverty-line (BPL) families. It
23
https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2100589®=3&lang=2
24
https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2220196®=3&lang=2
25
https://www.pib.gov.in/PressReleasePage.aspx?PRID=2212352®=3&lang=2
26
https://wcd.delhi.gov.in/wcd/pradhan-mantri-matru-vandana-yojana-pmmvy
27
https://www.nsiindia.gov.in/(S(vfuo55454y3hkhuyhkb3pry0))/InternalPage.aspx?Id_Pk=89
28
https://socialwelfare.mn.gov.in/en/rules-regulations/balika-samridhi-yojna-bys/
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provides a ₹500 post-birth grant and
annual education scholarships (₹300-
₹1,000) through a dedicated interest-
bearing account, aimed at promoting
education and delaying marriage.
Ladli Lakshmi
29
Yojana
Madhya Pradesh/
Delhi/Goa Government
Scheme provides financial deposits
that mature into a lump sum of ₹1 lakh
when the girl turns 21.
Mukhyamantri Kanya
30
Sumangala Yojana
Uttar Pradesh
Scheme provides financial assistance
up to ₹25,000 in six instalments.
Kanyashree Prakalpa
Government
West Bengal
Scheme provides annual scholarships
and a one-time grant for unmarried
girls between 13-18 years.
Informer reward
scheme under PC &
32
PNDT Act, 1994
31
Government
Delhi Government The government provides cash
rewards to expose illegal sex-
determination centres and practices.
Informers who provide actionable tips
receive up to ₹50,000, while pregnant
women who act as decoy patients
during stings are eligible for up to
₹1,50,000.
Delhi Lakhpati Bitiya
33
Yojana
Delhi Government A revamped version of the former
Ladli scheme. It provides a phased
financial support, to girl child of
families having annual income not
more than Rs.1,20,000 (One Lakh
Twenty Thousand).
16. 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. The
29
https://betul.nic.in/en/scheme/ladli-laxmi-yojna/
30
https://www.myscheme.gov.in/schemes/ksy
31
https://wbkanyashree.gov.in/kp_scheme.php
32
https://health.delhi.gov.in/sites/default/files/Health/covid-19/PC_PNDT_Act/IS+DFW.pdf
33
https://wcd.delhi.gov.in/wcd/delhi-ladli-scheme-2008
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statistics referred to above show that the progress made is incomplete and uneven.
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.
17. The appeal, in view of the cumulative assessment above, is bereft of merit and
is accordingly dismissed. Pending applications (if any) shall be disposed of.
…………………………………………..J.
(SANJAY KAROL)
……….…………………………………..J.
(PRASHANT KUMAR MISHRA )
New Delhi
June 11, 2026
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