HC bans disclosure of unborn child’s sex

The High Court has released the full text of its verdict declaring the determination and disclosure of an unborn child’s gender through medical tests “illegal, discriminatory, and unconstitutional”.

The verdict, delivered by the High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque, was recently published after the court issued its short order on Feb 25, 2024.

The writ petition was filed on Jan 26, 2020 by Supreme Court lawyer Ishrat Hasan, seeking directives to stop disclosure of foetal sex before birth.
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The court ordered the Directorate General of Health Services (DGHS) to create a central database within six months to preserve and monitor records related to such diagnostic reports from all hospitals and diagnostic centres across the country.

She argued the petition herself, assisted by Advocate Tanzila Rahman, while Deputy Attorney General Amit Das Gupta represented the state.

In its detailed observations, the High Court said misuse of ultrasonography and other diagnostic technologies to identify foetal sex is increasing, leading to female foeticide, gender imbalance and discrimination against women.

The court said such practices directly violate the rights to life and dignity of both unborn children and mothers.