Is India ready to legalise prenatal sex determination?

Guwahati, Nov 9: “No, India is not ready for legalisation of prenatal sex determination as it is still a country where stereotype and discrimination against women runs like generational wealth,” says Srestha Ghosh, an expectant mother from Guwahati, asserting her stand on the recent debate on an amendment to the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PC-PNDT), 1994.

Indian Medical Association (IMA) president Dr RV Asokan recently stirred the hornet's nest after he called for an amendment to the PC-PNDT Act to legalise sex determination tests stating that banning them “has not significantly impacted India’s skewed sex ratio”.

While doctors are demanding for amendments in the Act, pregnant couples in Guwahati have expressed their opposition to the remark, stating that sex determination would result in sharp increase in female infanticide and perpetuate gender-based discrimination. They argue that India's societal attitudes towards women remain entrenched in patriarchy and sexism, making it unprepared for such legalisation.

“For a country where Goddesses are worshipped, indiscriminate abuses and atrocities against women are an everyday thing. The fact that a whole person gets created inside a woman is really beautiful, and it doesn't really matter if it's a boy or a girl. And determining the sex of a to-be-born doesn't give one the power to change it into a sex of his or her preference. It will be what he/she already is,” Srestha adds.

Soon-to-be father, Kuldip Saikia, an engineer by profession, avers, “In my opinion, sex determination is not as essential as the amount of care that an ought-to-be mother needs. I mean, it’s your own offspring regardless of the gender. Moreover, the element of surprise is lost, and parents may develop preconceived notions about the child, which can be unhealthy.”

On being asked about why such tests are legal in other countries and not yet in India, Saikia adds, “Those countries have higher literacy rates, and people are more informed about these matters. In contrast, in India, even sex education remains taboo in many areas. Allowing sex determination could be the final nail in the coffin, further damaging the nation's sex ratio.”

Echoing Saikia’s views, Srestha opines that India remains “orthodox” on this issue, with many still viewing “having a son as an asset and a daughter as a liability.” Despite sex determination being illegal in the country, it is still widely practiced in secret, often leading to abortions and female infanticide. “Legalising it would only worsen the situation. In developed countries, where it’s permitted, women are not seen the way they often are in India,” she adds.

Indian-origin couples residing in the United States have also weighed in, noting that while sex determination helps parents prepare, India's socio-cultural context makes it unprepared for legalisation.

“Sex determination is something that prepares the parents to plan ahead. Moreover, it helps the parents to plan according to the gender of the baby,” Ritishruti Das, an engineer based in California tells The Assam Tribune.

Another expectant mother, Tara Bhuyan, shared her perspective: “As a girl raised in an Assamese family, I’ve never felt treated differently because of my gender. I’ve never seen anyone around me treat their children differently based on gender either. I only heard about sex determination later in life, so it feels like a very normal process to me. I was excited to know my child’s gender but would be equally happy if it were the opposite.”

On legalisation of prenatal sex determination in India, Tara adds, “I have never experienced or witnessed the horrors of a child being treated differently simply because they're not the gender parents or society desire here in Assam. Such practices exist in some parts of India due to deep-rooted gender inequality—a real issue that needs addressing. Until India ensures equal opportunities for all, people’s mindset won’t change. Indian mind-set has improved but still way behind than other developed countries.”

Ritishruti expressed that every day, there are reports of infanticides and domestic violence related to this issue. She stated that people in India remain orthodox and patriarchal, as evidenced by the daily stories of atrocities they encounter. “People in India are still largely conservative, holding fast to ancestral beliefs. Legalising sex determination in a country like India could disrupt the balance significantly,” she adds.

A Guwahati-based gynaecologist, speaking on the condition of anonymity, explains, “In certain complicated cases, it is necessary to determine the sex of the foetus in order to begin treatment. While there are provisions that allow us to conduct these tests, it is still a long and enduring process. I believe some amendments could be made to the Act, but legalising it entirely could lead to higher abortion rates, as people still prefer sons.”

According to the 2011 Census, India’s sex ratio has improved, with 943 females for every 1,000 males, up from 927 females per 1,000 males in 1991. While advocating for the legalisation of sex determination, the IMA chief suggests that it could help protect unborn girls by allowing for better tracking of pregnancies and ensuring that foetuses are carried to full term.

“We are advocating for sex detection and the protection of unborn children... tracking the child and ensuring they are carried to delivery. If anything untoward happens, those responsible should be held accountable. This is possible, as the technology is available,” Dr. Asokan was quoted as saying.

As the debate over the complex issue continues, one thing is clear - the conversations have only just begun.