High Court issues order banning disclosure of unborn child’s gender

The High Court Division of the Supreme Court of Bangladesh has ruled that determining and disclosing the gender of an unborn child is unconstitutional and discriminatory, warning that the practice fuels gender bias, female foeticide and social imbalance.

The full text of the landmark verdict, delivered on February 25, 2024, by a High Court bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque, was published on Monday (May 11).

In its observations, the court said revealing the sex of a fetus violates women’s dignity, equality and right to life, and contradicts both constitutional guarantees and international human rights obligations.

The bench noted that Bangladesh has long lacked an effective regulatory, monitoring and accountability framework to prevent unethical fetal sex disclosure practices. It said merely issuing guidelines is insufficient without proper enforcement, digital surveillance and institutional oversight.

To strengthen monitoring, the court directed the Directorate General of Health Services to establish and regularly update a central digital database within six months to preserve and supervise diagnostic reports conducted at registered hospitals, clinics and diagnostic centres.

The judgment further stated that sex determination of fetuses increases the risk of discrimination against girl children and potential female foeticide, which conflicts with Articles 18, 27, 28, 31 and 32 of the Constitution.

The court also observed that several countries, including India, have imposed strict legal controls on such practices.

In a significant move, the High Court declared the ruling a “continuous mandamus,” allowing the court to monitor future implementation of its directives.

The writ petition was filed on January 26, 2020, by Supreme Court lawyer Ishrat Hasan seeking a ban on the disclosure of fetal gender.

Lawyer Tanzila Rahman assisted the petitioner during the hearing, while Deputy Attorney General Amit Das Gupta represented the state.