In this landmark case, Supreme Court of India addressed the issue of prenatal sex determination and sex-selective abortions. The case was filed for seeking strict regulation and enforcement of laws to restrict prenatal sex determination, which was being misused for selective abortions, particularly of female foetus. The Supreme Court, in its judgment, recognized the serious consequences of prenatal sex determination and sex-selective abortions on the skewed sex ratio and gender equality in India. The court emphasized the importance of protecting the rights of the girl child and preventing discrimination based on gender.
The court directed the Union of India and state governments to strictly enforce the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994, which aimed to regulate and prevent the misuse of technologies for sex determination. The court also issued guidelines to evaluate the implementation of the Act and curb the practice of sex-selective abortions. Furthermore, the Supreme Court stressed the need for public awareness campaigns and educational initiatives to change societal attitudes towards gender and promote the value of the girl child. The court’s judgment highlighted the judiciary’s commitment to safeguarding the rights of women and promoting gender equality in India. The case of Centre for Enquiry into Health and Allied Themes v. Union of India remains a landmark decision in Indian jurisprudence, setting important precedents for the regulation of prenatal sex determination and addressing gender-based discrimination in the country.
| Citation | AIR 2003 SUPREME COURT 3309, 2003 (8) SCC 398 |
| Name of the Court which decided the case | Supreme Court |
| Bench | M.B.Shah, Ashok Bhan |
| Legislations | Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act |