Md. Shawkat Alam Faisal

The recent pronouncement from the High Court, resonating with the comprehensive report submitted by the Department of Health's committee, marks a watershed moment in Bangladesh's legal landscape. This significant development addresses the intricate matter of disclosing an unborn child's gender within the maternal womb, firmly establishing a prohibition that echoes international sentiments in safeguarding the confidentiality of such sensitive information.

The meticulously crafted policy framework, aptly titled the 'National Guideline regarding Prenatal Gender Selection in Bangladesh,' transcends mere regulatory mandates; it represents a holistic strategy aimed at mitigating societal consequences associated with gender disclosure.

The policy's foundational principles are unambiguous, unequivocally stating that no individual, medical institution, diagnostic centre, or laboratory is authorised to disclose the gender of an unborn child through any means. This stringent regulation aligns with a global trend wherein countries, recognising the ethical imperative, are increasingly adopting measures to protect the privacy and rights of unborn children and expectant mothers.

Notably, nations such as India, where sex determination of unborn children is already prohibited by law, share a common legal stance with Bangladesh. This convergence emphasises the global acknowledgment of the ethical imperative to safeguard information related to prenatal gender identification.

Delving into the proactive measures outlined within the policy, it becomes evident that the Bangladesh government is committed to a multifaceted strategy. Government ministries are tasked with organising comprehensive training programmes for healthcare professionals, encompassing doctors, nurses, family planning workers, and technicians.

This educational initiative extends beyond technical aspects of gender determination, addressing potential negative outcomes, ethical considerations, and the promotion of professional conduct. Such emphasis on education mirrors global efforts to empower healthcare professionals worldwide with the knowledge and ethical guidelines necessary to navigate the complexities of prenatal care.

The policy's emphasis on transparency and accountability is underscored by the directive for medical centres, including hospitals and diagnostic facilities, to maintain meticulous records of all tests related to prenatal gender determination. This archival practice not only facilitates internal auditing but also contributes to the compilation of valuable data for research purposes. Globally, the emphasis on data-driven healthcare practices is gaining prominence, with countries like Canada and Australia leveraging comprehensive data repositories to enhance healthcare outcomes and inform evidence-based policy formulation.

Recognising the influential role of media in shaping societal attitudes, the policy mandates that medical centres actively engage in promoting messages that highlight the paramount importance of gender equality and the well-being of the girl child. This echoes international efforts to leverage media platforms for social advocacy, with countries like Sweden implementing successful campaigns to challenge gender stereotypes and foster inclusive societal norms.

Advocate Ishrat Hasan's steadfast advocacy in court aligns with a broader trend of legal activism worldwide aimed at addressing societal issues through judicial channels. Instances akin to this legal undertaking can be found globally, such as the legal battles in the United States and European countries to protect reproductive rights and privacy.

Deputy Attorney General Amit Dasgupta's representation of the state during court proceedings underscores the collaborative efforts between legal representatives and state authorities, mirroring similar collaborations seen in countries like Germany, where the judiciary and the state work in tandem to address pressing social issues.

The dedication of a specific hearing date by the court, presided over by Justice Naima Haider and Justice Kazi Zeenat Haque, reflects a judicial commitment to thoroughly scrutinise and deliberate on the policy's implications. This commitment is echoed internationally, with courts in countries like South Africa playing a pivotal role in upholding constitutional rights and addressing societal challenges through legal scrutiny.

The effects of the proper implementation of this policy are profound. Firstly, it protects the privacy and rights of expectant mothers and unborn children, fostering an environment of trust in the healthcare system. By prohibiting the disclosure of gender-related information, it mitigates societal pressures that may lead to the undue stress of expectant mothers and, in extreme cases, result in abortions.
Transparency and accountability, as mandated by the policy, lead to more reliable healthcare data. This, in turn, facilitates evidence-based decision-making, enhances the quality of healthcare services, and contributes to ongoing medical research. The media outreach component of the policy not only combats gender stereotypes but also fosters a societal mindset that values gender equality, ultimately contributing to a more inclusive and equitable society.

In conclusion, the 'National Guideline regarding Prenatal Gender Selection in Bangladesh' is not merely a legal directive but a holistic approach to navigating the delicate intersection of medical advancements, ethical considerations, and societal well-being. Its proper implementation promises profound effects, safeguarding individual rights, enhancing healthcare practices, and fostering a societal ethos that prioritizes gender equality and ethical medical care. The upcoming court hearing signifies the ongoing commitment to refining and scrutinising these policies, ensuring their enduring impact on Bangladesh's societal fabric.
_____________________________________
The writer is an Apprentice Lawyer, Bangladesh Bar Council