The High Court has ruled against the practice of determining and disclosing the sex of an unborn child, describing it as discriminatory and harmful to women and girl children.
The verdict was delivered on February 25, 2024, by a High Court bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque. The full text of the judgment was published on Monday.
According to the verdict, determining and revealing the sex of a fetus encourages discrimination against women, increases the risk of female foeticide, creates social imbalance and violates constitutional rights.
The court observed that such practices go against the dignity, equality and right to life guaranteed to women under the Constitution and also violate international human rights obligations.
The judgment noted that Bangladesh had long lacked effective monitoring, accountability and enforcement mechanisms to prevent such practices.
“Formulating guidelines alone is not enough. Without implementation, digital surveillance and effective control systems, it is not possible to stop this immoral activity,” the court observed.
The High Court directed the Directorate General of Health Services (DGHS) to establish a central digital database within six months to preserve and monitor diagnostic reports related to unborn children from registered hospitals, clinics and diagnostic centres.
The court also said disclosure of fetal sex conflicts with Articles 18, 27, 28, 31 and 32 of the Constitution, which guarantee equality, protection of law and the right to life.
The judgment further noted that several countries, including India, have strict laws regulating such activities.
The court declared the directive a “continuing mandamus,” allowing judicial monitoring of its implementation in the future.
The writ petition was filed on January 26, 2020, by Supreme Court lawyer Ishrat Hasan seeking steps to stop disclosure of fetal sex.
Ishrat Hasan represented the petitioner during the hearing, assisted by lawyer Tanzila Rahman. Deputy Attorney General Amit Das Gupta represented the state.
