Bangladesh combats threat of selective abortions by banning disclosure of babies’ sex in the womb

On May 11, the High Court in Dhaka published a ruling banning the identification and disclosure of the sex of unborn children in Bangladesh, arguing that the practice promotes discrimination against girls, contributes to female infanticide, and violates constitutional guarantees of dignity, equality and the right to life.

“The issuance of guidelines alone is not sufficient,” the judges stated in the ruling, adding that implementation measures, digital monitoring and strict supervision are necessary to stop what the court described as an “immoral activity.”

The decision was issued by a judicial bench composed of Justices Naima Haider and Qazi Zeenat Haque, who also instructed the authorities to strengthen enforcement mechanisms, monitoring systems and oversight procedures to prevent the continuation of the practice.

According to the judgment, determining and revealing the sex of a fetus conflicts with Articles 18, 27, 28, 31 and 32 of the Bangladeshi Constitution. The court also referred to international human rights obligations intended to protect women and uphold equality.

The judges argued that the practice encourages discrimination against female children and damages social balance by facilitating sex-selective abortion.

The ruling also noted that Bangladesh has lacked effective systems of accountability and enforcement for years. The court cited the example of neighboring India, where stricter controls on pre-natal sex disclosure have been introduced since 1994, and called on Bangladeshi authorities to adopt comparable measures. The order was issued as a “continuing writ of execution,” allowing the court to supervise its implementation over time.

Catholic medical professionals in the country welcomed the decision. Edward Pallab Rozario, president of the Association of Catholic Doctors of Bangladesh, described the judgment as “historic” in comments to AsiaNews.

“By banning the determination and disclosure of the sex of the fetus, the lives of many children can be saved,” Rozario said. He also stressed the importance of public awareness in rural and remote regions, saying that citizens throughout the country should understand and comply with the ruling.

Rozario further stated that every child possesses a right to life and condemned abortion carried out because of family pressure or preference for male children.

“They come into the world by God’s will and should not be killed under any circumstances,” he said. He added that some pregnancies are terminated because parents are “pressured” by relatives, and argued that such practices must end.

The court’s decision comes amid continuing debate in Bangladesh over reproductive health and abortion practices. Although Bangladeshi law formally permits abortion only when necessary to save the mother’s life, government policies introduced in 1979 authorized forms of voluntary pregnancy termination under regulated conditions.

Current rules allow qualified paramedics to carry out procedures within 10 weeks after a missed menstrual period, while physicians may perform them within 12 weeks. The Ministry of Health has also issued official guidance concerning abortion procedures and post-abortion care.

Despite these regulations, unsafe abortion practices remain widespread. Data published by the Guttmacher Institute for the years 2015 to 2019 estimated that Bangladesh experienced an average of 5.33 million pregnancies annually, including approximately 2.63 million unwanted pregnancies. During the same period, the country reportedly recorded around 1.58 million abortions each year.

Health officials have repeatedly warned that many procedures take place outside authorised medical structures. Fahmida Sultana of the Department of Family Planning stated that abortions performed in unregulated facilities by unqualified practitioners contribute significantly to maternal mortality in the country.

One case highlighted by the AsiaNews report involved Julekha Begum, a mother of three from Kalapara in Patuakhali district. After becoming pregnant again, she and her husband sought medical assistance. According to the report, a middleman directed her to a private clinic, where she later died from severe hemorrhaging during an abortion procedure. Her husband subsequently filed a negligence lawsuit against those involved.

The High Court’s ruling against prenatal sex disclosure is therefore situated within a broader effort to address discrimination against girls, unsafe abortion practices and weaknesses in the country’s reproductive health system. The judges maintained that stronger enforcement and supervision are necessary to ensure that the ban is effectively applied throughout Bangladesh.