HC releases full text of verdict banning disclosure of unborn child's gender
The verdict was originally delivered on 25 February 2024
The full text of a landmark High Court verdict banning the disclosure of an unborn child's gender by hospitals, diagnostic centres, laboratories or any other medium was published today (11 May).
The verdict was originally delivered on 25 February 2024 by a High Court bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque.
Advocate Ishrat Hasan represented the petitioner, while Deputy Attorney General Amit Das Gupta appeared for the state. Lawyer Tirtha Salil Roy represented the Directorate General of Health Services (DGHS).
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Following the ruling, Ishrat Hasan said the court clearly stated that no hospital, diagnostic centre, laboratory or any other platform would be allowed to reveal whether a foetus is male or female.
"In other words, from now on, there should be no scope to know whether the unborn child is a boy or a girl before birth," she said, adding that the writ remains pending and action could be taken in case of violations.
The writ petition was filed on 26 January 2020.
On 3 February the same year, a High Court bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued a rule asking why the authorities' failure to formulate guidelines preventing disclosure of foetal sex should not be declared illegal and beyond lawful authority.
The court also sought explanations on why authorities should not be directed to formulate policies to prevent prenatal sex determination.
Seven respondents, including the health secretary, women and children affairs secretary, social welfare secretary and DGHS director general, were asked to respond within six weeks.
At the time, Ishrat argued that India had already outlawed prenatal sex determination.
She said disclosure of a foetus's sex often creates mental pressure on pregnant women and, in many cases, leads to forced abortions due to family pressure.
Subsequently, the Health Services Division of the health ministry prepared a guideline titled National Guideline for Prevention of Son Preference and the Risk of Gender Biased Sex Selection after consultations with the United Nations Population Fund (UNFPA) and other government and non-government stakeholders.
The guideline will be implemented by the Directorate General of Health Services, Directorate General of Family Planning, and Directorate General of Nursing and Midwifery.
Partner ministries include the ministries of women and children affairs, information and broadcasting, local government, law, and home affairs.
The guideline was later submitted to the High Court through an affidavit.
Ishrat said the government accepted the restriction on disclosing foetal sex without objection, arguing that no one has the right to know the unborn child's sex because it may expose mothers to psychological stress and endanger both mother and child.
