The High Court has declared the disclosure of a fetus’s sex as unconstitutional and a severe form of discrimination against women. The full judgment by Justice Naima Haider and Justice Kazi Zinat Hoque was published on Monday (May 11).
The court observed that determining and disclosing the sex of an unborn child is not only unethical but also increases the risk of female foeticide, thereby disrupting social balance. It further stated that such practices violate multiple provisions of the Constitution.
The court also noted that these actions undermine women’s dignity, equality, and right to life, and are inconsistent with international human rights obligations. It emphasized that guidelines alone are insufficient, and strict enforcement and monitoring are essential to prevent such practices.
The Health Directorate has been directed to establish a central digital database within six months to store and monitor diagnostic reports related to unborn children across all registered hospitals, clinics, and diagnostic centers. The court described this directive as a “continuous mandamus,” allowing ongoing judicial supervision of its implementation.
The ruling follows a public interest litigation filed in 2020 by Supreme Court lawyer Ishrat Hasan, who also argued the case. She was assisted by Advocate Tanzila Rahman, while Deputy Attorney General Amit Das Gupta represented the state.