High Court takes a tough stance on gender identification, orders creation of central database within 6 months

The High Court has given an important verdict to stop the unethical practice of determining and revealing the sex of unborn children. The court said that gender identification of unborn children increases discrimination against women, creates the risk of female infanticide and is against the fundamental rights recognized by the Constitution.

A High Court bench comprising Justice Naima Haider and Qazi Zeenat Haque gave this verdict on February 25, 2024. The full copy of the verdict was published on Monday.

In the verdict, the court observed that gender identification and disclosure of unborn children encourages gender discrimination in society and goes against women's dignity, equality and right to life. At the same time, it is also mentioned as a violation of international human rights principles.

The court said that the responsibility does not end with just creating guidelines; this immoral activity must be controlled through effective implementation, digital monitoring and accountability mechanisms. For this, the judges also mentioned the need to create a central digital database for storing and monitoring the diagnostic reports of unborn babies of registered hospitals, clinics and diagnostic centers.

The High Court has directed the Department of Health to create a central digital database within the next 6 months and update it regularly. The court believes that determining the sex of the fetus creates discrimination against the girl child and the risk of possible female foeticide, which is in conflict with Articles 18, 27, 28, 31 and 32 of the Constitution.

The judgment also said that such activities are being regulated under strict laws in various countries of the world, including India. The court also emphasized the need to develop an effective control system in Bangladesh.

The court has declared this directive as a ‘continuous mandamus’. That is, the implementation of the directive will be under the supervision of the court in the future as well.

It is worth noting that on January 26, 2020, Supreme Court lawyer Ishrat Hasan filed a writ petition to stop the disclosure of the gender identity of the unborn baby. Tanjila Rahman assisted him in the court. Deputy Attorney General Amit Das Gupta was present at the hearing for the state.