Dhaka High Court bans the disclosure of foetal sex. Catholic doctor: ‘historic’ ruling

The judges have ruled that disclosing the sex of the unborn child is a discriminatory and harmful practice, as well as being unconstitutional. The ruling comes at a time when the scourge of selective abortion, leading to the elimination of female foetuses, remains widespread. In the country, although abortions are formally permitted only to save the mother’s life, 1.58 million are performed annually, putting the health of many mothers at risk as well.

Dhaka (AsiaNews) - In a landmark ruling, the High Court of Bangladesh has banned the determination and disclosure of the sex of an unborn child, describing the practice as discriminatory, harmful to women and a violation of constitutional rights. The full verdict, delivered by a bench comprising Justices Naima Haider and Qazi Zeenat Haque, was published yesterday, 11 May. It states that identifying and revealing the sex of a foetus encourages discrimination against girls, contributes to female infanticide and undermines social balance.

According to the court, this practice contradicts the constitutional guarantees of dignity, equality and the right to life. Furthermore, it violates Bangladesh’s international human rights commitments aimed at protecting women and promoting gender equality. The judges noted that for years the country has lacked effective mechanisms for control, monitoring and accountability to curb such practices.

“The issuance of guidelines alone is not sufficient,” the ruling states, emphasising that implementation, digital surveillance and rigorous oversight are essential to stop what it termed an “immoral activity”. Referring to Articles 18, 27, 28, 31 and 32 of the Constitution, the judges stated that foetal sex determination promotes discrimination against girls and is contrary to the fundamental principles of the state. At the same time, they cited international human rights frameworks, which oblige governments to safeguard women’s rights.

The Court noted that several countries, including neighbouring India, have imposed strict controls on the disclosure of foetal sex. Hence the call for the authorities in Dhaka to adopt equally effective measures. The directive was issued in the form of a “continuing writ of execution”, which allows the Court to monitor its implementation.

Catholic doctors welcomed the decision, describing it as an important step towards protecting the life of the unborn child and upholding human dignity. Edward Pallab Rozario, a doctor and president of the Association of Catholic Doctors of Bangladesh, described the verdict as “historic”. “By banning,” he told AsiaNews, “the determination and disclosure of the sex of the foetus, the lives of many children can be saved.” “It is important,” he continued, “that people across the country, including those in remote areas, understand and respect this decision.” Finally, the doctor emphasised that every child has a right to life: “They come into the world by God’s will and should not,” he concluded, “be killed under any circumstances. Unfortunately, some parents, often under pressure from their families, terminate the pregnancy. This must change.”

The ruling forms part of a broader context of challenges relating to reproductive health in Bangladesh. The government legalised voluntary termination of pregnancy (VTP) in 1979. Under current policies, procedures may be performed by qualified paramedics within 10 weeks of a missed period and by doctors within 12 weeks. The Ministry of Health has also issued guidelines on abortion and post-abortion care. Despite these provisions, unsafe abortions remain a serious concern.

According to data from the US-based Guttmacher Institute for the period 2015–2019, Bangladesh recorded an average of 5.33 million pregnancies per year, of which approximately 2.63 million were unwanted. This resulted in approximately 1.58 million abortions each year. The human cost of unsafe abortion practices is illustrated by the death of Julekha Begum from Kalapara, in Patuakhali district. A mother of three, she had become pregnant again and, accompanied by her husband, had sought medical advice. Deceived by a middleman, she was taken to a private clinic where she died from haemorrhaging during the abortion. Her husband subsequently filed a lawsuit for negligence, in a tragedy that reflects the dangers faced by women who turn to unregulated facilities.

Although reliable national data is lacking, officials say that abortions in substandard facilities contribute significantly to maternal mortality. Fahmida Sultana of the Department of Family Planning noted that many procedures take place outside the formal health services, often performed by unqualified practitioners. Under Bangladeshi law, abortion is permitted only to save the mother’s life, yet gaps in family planning and social pressures continue to encourage unsafe practices.