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Picture Courtesy:  THE HINDU

Context

The issue of "unwanted daughters" due to sex selection is evolving, with the illegal practice increasingly moving to online platforms, complicating enforcement efforts for Indian agencies.

What is Unwanted Daughter?

"Unwanted daughter" is a term used to describe a female child who is born into a family that either did not desire a child at that time or preferred a son due to socio-cultural biases.

Preference for sons, once practiced in clinics, has moved online, creating a new, anonymous threat to the nation's demographics as demand for sex selection grows on the internet.

Evolving Challenges

Digital Disguise: Encrypted messaging apps, social media groups, and online forums are used to offer illegal sex determination services, making it difficult for law enforcement to track offenders.

Widespread Misinformation: Unscientific content, such as videos on predicting a baby's gender based on myths, receives millions of views. The content normalizes the criminal mindset of son preference.

Evasion of Law: Content creators and tech platforms frequently avoid responsibility. The removal of one illegal link or video is quickly followed by the emergence of many others, complicating enforcement efforts.

Son preference causes a demographic imbalance

"Missing Females": An estimated 45.8 million females were 'missing' in India over the past 50 years due to pre- and post-natal sex selection. (Source: UNFPA)

National Sex Ratio at Birth (SRB): According to the National Family Health Survey (NFHS) conducted in 2019-20, the sex ratio at birth has improved from 919 females per 1,000 males in 2015-16 to 929 females per 1,000 males in 2019-20.

• According to the UN Population Fund, India has one of the lowest sex ratios in the world, with only 933 females per 1000 males.

Legal and Institutional Framework against Sex Selection

The Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, aims to combat female foeticide. Its key provisions are:

• Strictly prohibits prenatal diagnostic techniques, like ultrasound and amniocentesis, for determining fetal sex.
• Bans advertisements in any form (including internet, print, or electronic) related to pre-natal sex determination.  
• The Act covers all forms of technology and makes offences cognizable, non-bailable, and non-compoundable.
• First-time offenders face up to 3 years imprisonment and a fine of up to ₹10,000. Subsequent convictions can lead to 5 years imprisonment and a fine of up to ₹50,000.

Judicial Intervention

The Supreme Court in the Dr. Sabu Mathew George vs Union of India (2017) case, issued directives to curb online advertisements for sex determination.

• Nodal Agency: Mandated the creation of a nodal agency to monitor online content, which was established in 2017.
• Auto-Block Mechanism: Directed search engines to develop a technique to "auto-block" keywords and content related to sex selection.
• Warning Messages: Ordered the display of warnings that sex determination is illegal in India on relevant search result pages.

Why Does the Problem Persist?

Deep-Rooted Socio-Cultural Factors: Laws alone have not been enough to overcome deeply ingrained patriarchal norms that fuel son preference. Key reasons include:

• Economic Factors: Sons are traditionally seen as inheritors of property and providers for parents in their old age.
• Financial Burden: Daughters are often seen as a financial liability, primarily due to the illegal but prevalent practice of dowry.
• Cultural & Religious Norms: Beliefs prioritizing sons to perform last rites and continue the family line lead to a higher value placed on male children.

Implementation and Technological Challenges

• Digital Lag: The PC&PNDT Act, designed before the internet boom, struggles to effectively regulate the vast and transient nature of online content.
• Anonymity: The internet's anonymity hinders the identification and prosecution of those offering illegal services.
• Enforcement Gaps: Better coordination is needed among health authorities, cybercrime cells, and digital platforms for swift action against illegal content.

Government Initiatives to Counter the Trend

The government has adopted a multi-faceted approach focusing on both enforcement and behavioural change.

• Beti Bachao, Beti Padhao (BBBP) Scheme: Launched in 2015, focuses on preventing sex-selective elimination, ensuring the girl child's survival and protection, and promoting her education. 
• Sukanya Samriddhi Yojana: A small savings scheme that encourages parents to build a fund for the education and marriage expenses of their female child, promoting her financial security.

Way Forward 

Tackling online sex selection requires a comprehensive strategy that combines legal, technological, and social interventions.

• Strengthen the Legal Framework: The PC&PNDT Act needs to be amended to include "sex prediction through digital platforms" and broaden the definition of 'advertisement' to cover all online services and content.
• Enhance Digital Accountability: Technology companies must use AI-powered tools to identify and block illegal content and enforce the Supreme Court's "doctrine of auto-block" more effectively.
• Focus on Behavioural Change: Intensify awareness campaigns like BBBP, involving community leaders, men, and boys to challenge patriarchal mindsets and promote gender equality.
• Empower Women: Prioritizing girls' education and economic independence is the most sustainable solution; a mother's education is the single most significant factor in reducing son preference.

Conclusion

To eradicate the discriminatory practice of illegal sex selection from both the real and virtual worlds, India needs a comprehensive strategy that includes legislative updates, technological vigilance, sustained social campaigns, and a deep commitment to women's empowerment.

Source: THEHINDU