The High Court has ruled that the sex of an unborn child cannot be disclosed

The High Court has banned the determination and disclosure of the sex of an unborn child, describing the practice as discriminatory and harmful to women and girl children.

The verdict was delivered on ফেব্রুয়ারি 25, 2024, by a High Court bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque, while the full judgment was released on Monday.

According to the ruling, determining and revealing fetal sex encourages discrimination against women, heightens the risk of female foeticide, creates social imbalance, and violates constitutional rights.

The bench observed that such practices infringe upon the dignity, equality, and right to life guaranteed to women under the Constitution, as well as Bangladesh’s international human rights commitments.

The court also noted the longstanding absence of effective monitoring, accountability, and enforcement mechanisms to curb the practice.

“Formulating guidelines alone is not sufficient. Without proper implementation, digital surveillance and effective control mechanisms, it is not possible to stop this unethical practice,” the court observed.

The High Court directed the Directorate General of Health Services (DGHS) to create a central digital database within six months to store and monitor diagnostic reports related to unborn children from registered hospitals, clinics, and diagnostic centres.

The judgment further stated that disclosing fetal sex contradicts Articles 18, 27, 28, 31, and 32 of the Constitution, which guarantee equality before the law, legal protection, and the right to life. The court also noted that several countries, including India, have enacted strict laws regulating such practices.

The court declared the directive a “continuing mandamus,” allowing ongoing judicial oversight of its implementation.

The writ petition was filed on January 26, 2020, by Supreme Court lawyer Ishrat Hasan, seeking measures to prevent the disclosure of fetal sex.

During the hearing, the petitioner was represented by Ishrat Hasan, assisted by lawyer Tanzila Rahman, while Deputy Attorney General Amit Das Gupta appeared for the state.