Banning gender detection of fetus: HC seeks govt explanation

The High Court today issued a rule asking the government to explain within six weeks, why they should not be directed to prohibit the gender detection of unborn babies, in order to ensure protection of the unborn and pregnant mothers.

In the rule, the court also asked respondents to show cause why their failure to frame a guideline to prevent gender detection of unborn babies should not be declared illegal.

Secretaries to the ministries of health, women and children affairs and social welfare affairs, directorate generals of health services, family planning, department of women affairs and national institute of population research and training have been made respondents to the rule.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman issued the rule following a writ petition filed by Supreme Court lawyer Advocate Ishrat Hasan seeking necessary order.

Advocate Ishrat Hasan submitted the petition to the section concerned of the HC on January 26, requesting it to order the authorities to stop selling, transferring or handling any machine used for gender detection of unborn babies and to submit lists of hospitals, diagnostic centres and other entities having registration to do so before the court.   

In the rule, the lawyer also sought explanation from respondents on why they should not be ordered to maintain a database of diagnosis report of unborn babies conducted by registered hospitals, diagnosis centres and other entities.

Soon after submitting the petition, Ishrat told The Daly Star that most people desire baby boys.

If the unborn baby’s gender is not to the liking of the parents in the detection test, pregnant mothers become frustrated, which has a mental and physical impact and affects the baby’s flourishment.

Thus, gender detection of the unborn babies is a violation of gender equality, right to life and right to protection of law guaranteed by the constitution, Ishrat said in the petition.