Female foeticide is the most immoral, anti-social and sinister act. The SC observed that giving preference to a male child over a female child is violative of Article 39A of the constitution which speaks of equal justice and Article 51A which elaborates on the fundamental duty of every citizen to give up every practice which is derogatory to the dignity of women.
The division bench comprising of Justice Arun Mishra and Justice Vineet Saran upheld the constitutional validity of Section 23 of Pre-natal Diagnostic Techniques (Prohibition of sex selection) Act, 1994.
The court was of the view that PCPNDT Act is a social welfare legislation, which was conceived in the light of the skewed sex-ratio of India and to avoid the consequences of the act, wherein the bench observed that the mischief sought to be remedied is grave and the effect is being made to meet the challenge to prevent the birth of a girl child. Whether a society should give preference to the male child is a matter of grave concern. Moreover, the same is violative of Article 39A and ignores the mandate of Article 51A(e) which cast a duty on citizens to renounce practices derogatory to the dignity and integrity of the woman.