The full verdict of a High Court Division of the Supreme Court of Bangladesh ruling prohibiting the disclosure of the sex of unborn children has been published, declaring the practice illegal, discriminatory, and unconstitutional. The judgment was issued by a bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque following a writ petition filed in 2020.
The case was initiated by lawyer and child rights activist Ishrat Hasan, who argued that disclosure of fetal sex contributes to gender-based discrimination and violence against pregnant women, particularly in cases where families react negatively to the prospect of daughters being born. The petition also raised concerns regarding psychological abuse, pressure, and discrimination experienced by pregnant women.
According to the verdict, the misuse of ultrasonography and related diagnostic technologies to determine fetal sex contributes to female feticide, gender imbalance, and systemic discrimination against women and girls. The court stated that creating opportunities to terminate pregnancies based solely on gender violates constitutional protections of life and dignity.
Following the High Court’s earlier directives, the Directorate General of Health Services formulated a policy prohibiting hospitals, diagnostic centers, laboratories, nursing homes, and medical professionals from disclosing the sex of unborn children through written, verbal, or symbolic means, except where medically necessary. The ruling also states that disclosure for non-medical purposes constitutes professional misconduct under ethical obligations governing medical practitioners.
The verdict further emphasized Bangladesh’s obligations under international agreements, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention on the Rights of the Child (CRC). The court has kept the matter under continuous judicial monitoring, allowing future violations or deviations from the ruling to be brought before the court.
Source: Desh Rupantor