Flawed argument, weak alternative

IMA president R V Asokan’s call for legalising prenatal sex determination tests cites some wrong reasons in support of his argument, and his proposal for a new mechanism in its place might actually make the problem worse.

He has said that the 2003 law which criminalised prenatal sex determination has not significantly helped to improve the sex ratio at birth and has led to the unnecessary targeting and harassment of medical professionals. Asokan has proposed a mechanism of child protection and detection through a Mother and Child Tracking System.

The IMA’s demand is for a system that tags the unborn child and takes it to delivery – “If anything untoward occurs, then hold people accountable. It's possible as technology is available.” Asokan has said that the societal attitude against the female child is the real issue, and there cannot be a medical solution for a social evil.

It is wrong to claim that the law against prenatal sex determination has not had an impact on the sex ratio. The country’s sex ratio rose from 927 females per 1,000 males in 1991 to 943 females per 1,000 males in 2011. It is 1,020 females per 1,000 males, as per the National Family Health Survey (NFHS-5) for 2019-2021.

The sex ratio at birth rose from 918 for 1,000 boys in 2015 to 934 for 1,000 boys in 2022. These figures do not show the failure of the law, though the law may not have been the only factor that helped the ratio to improve. The improvement in social and economic conditions, better educational and awareness levels and the campaign against female foeticide also contributed to the improved outcomes.

 If there is a problem with the law, it is more about its implementation than about any defect in it or its intent. The IMA chief has said doctors have been jailed in various states. That is because they violated the law. The IMA’s case cannot be that these doctors were implicated in false cases and convicted.

Sex-selective abortions are still being clandestinely carried out because of the weak enforcement of the law. Improving social attitudes is, indeed, the best solution. But it will take time. If the law is scrapped now, the situation will only worsen because the social attitude in some parts of the country is against the girl child. The alternative suggested by the IMA chief is more problematic than the present law. It would be very unrealistic to believe that a system that monitors every child from her first month in the womb to her birth and later stages in life can be successfully implemented in India. It is much easier to implement the existing law.