The full text of the High Court’s landmark ruling banning the gender identification and disclosure of unborn babies has been published.
The court said that determining and disclosing the gender of unborn babies encourages discrimination against women and increases the risk of female infanticide, which is against the constitution and human rights.
A High Court bench comprising Justice Naima Haider and Justice Qazi Zeenat Haque delivered the verdict on February 25, 2024. The full copy of the verdict was published on Monday (May 11).
In its ruling, the court noted that the trend of determining the sex of the fetus and revealing it can create gender discrimination, negative attitudes towards the girl child, and social imbalance in society. The court also commented that such activities go against the dignity, equal rights, and right to life of women.
The High Court said that there has been a lack of effective control, monitoring and accountability in this regard in Bangladesh for a long time. The responsibility does not end with just formulating policies; rather, strong supervision and digital surveillance systems are needed to ensure implementation.
The ruling also said that it is necessary to create a central digital database to store and monitor information related to various tests of unborn babies conducted in registered hospitals, clinics and diagnostic centers.
To this end, the court has ordered the Directorate General of Health Services to create a central database within six months and update it regularly.
The court observed that determining the sex of the fetus creates discrimination against the girl child and the risk of potential female foeticide, which is in conflict with Articles 18, 27, 28, 31 and 32 of the Constitution.
Citing examples from various countries, including India, the court said that in many countries, such activities are being regulated through strict legal frameworks.
The High Court has declared this directive as a ‘continuous mandamus’, meaning that the implementation of the directive will remain under the supervision of the court in the future as well.
It is worth noting that on January 26, 2020, Supreme Court lawyer Advocate Ishrat Hasan filed a public interest litigation (PIL) petition demanding a ban on the disclosure of the gender identity of unborn babies. She herself conducted the hearing on behalf of the writ. She was assisted by lawyer Tanjila Rahman. Deputy Attorney General Amit Das Gupta participated in the hearing on behalf of the state.