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Sex of unborn child cannot be disclosed: HC
The court observed that such practices go against the dignity, equality and right to life guaranteed to women
Daily Sun Report, Dhaka
Published: 11 May 2026, 01:12 PM
Photo: Collected
The High Court has prohibited the practice of determining and disclosing the sex of an unborn child, describing it as discriminatory and detrimental to women and girl children.
The verdict was delivered on 25 February 2024 by a High Court bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque, while the full judgment was released on Monday.
According to the verdict, the determination and disclosure of fetal sex promotes discrimination against women, increases the risk of female foeticide, creates social imbalance, and infringes constitutional rights.
The bench observed that such practices violate the dignity, equality, and right to life guaranteed to women under the Constitution, as well as Bangladesh’s international human rights obligations.
It also noted that the country has long lacked effective monitoring, accountability, and enforcement mechanisms to prevent such practices.
“Formulating guidelines alone is not sufficient. Without proper implementation, digital surveillance and effective control mechanisms, it is not possible to stop this unethical practice,” the court observed.
The High Court directed the Directorate General of Health Services (DGHS) to establish a central digital database within six months to store and monitor diagnostic reports related to unborn children from registered hospitals, clinics, and diagnostic centres.
The judgment further stated that the disclosure of fetal sex is inconsistent with Articles 18, 27, 28, 31, and 32 of the Constitution, which guarantee equality before the law, protection of law, and the right to life.
It also noted that several countries, including India, have enacted strict laws regulating such practices.
The court declared the directive a “continuing mandamus,” allowing for ongoing judicial supervision of its implementation.
The writ petition was filed on 26 January 2020 by Supreme Court lawyer Ishrat Hasan, seeking measures to prevent the disclosure of fetal sex.
During the hearing, the petitioner was represented by Ishrat Hasan, assisted by lawyer Tanzila Rahman, while Deputy Attorney General Amit Das Gupta appeared for the state.