No hospitals, diagnostic centres, and laboratories will be allowed to disclose the gender of unborn babies, according to a High Court verdict on Sunday.
An HC bench of Justice Naima Haider and Justice Kazi Zinat Haque handed down the verdict.
In the court, lawyer Ishrat Hasan represented the petitioner while Deputy Attorney General Amit Das Gupta moved for the state and lawyer Tirath Salil Ray stood for the Health Department.
Prior to this, on February 19, after the final hearing, the High Court set February 25 for the ruling on the issue of prohibiting the determination of the gender of the fetus.
Lawyer Ishrat Hasan said according to this ruling, no hospital, diagnostic center, laboratory, or any other means can disclose the gender of an unborn child.
This means there will be no opportunity to know whether the child in the womb is a boy or a girl from today onwards. This rule will remain in effect. If violated, action will be taken later, she added.
She filed this petition on January 26, 2020. On February 3 of the same year, Judges M. Enayetur Rahim and Md. Mostafizur Rahman of the High Court bench issued the ruling.
According to the ruling, it will not be declared illegal and beyond legal authority to create guidelines or directions to prevent failure of disputants to create policies and guidelines for determining the gender of unborn children, nor will disputants be directed to create policies for determining the gender of unborn children. The High Court wants to know the reason behind this failure.
The Health Secretary, Secretary of Women and Children Affairs, Secretary of Social Welfare, Director General of the Health Department, along with seven defendants, have been asked to respond within six weeks.
At that time, petitioner lawyer Ishrat Hasan stated that determining the gender of a child is prohibited by law in India. Determining the gender of an unborn child creates mental pressure on the expectant mother. In many cases, family pressure leads to abortion.
Later, the Ministry of Health formulated this policy by discussing with stakeholders, both governmental and non-governmental, and submitted it to the Health Service Division of the Ministry of Health. It is named the 'National Guideline for Prevention of Son Preference and the Risk of Gender-Based Sex Selection'.
This policy will be implemented by the Health Service Department, Family Planning Department, Nursing and Midwifery Department. And for implementation, the Ministry of Women and Children Affairs, Ministry of Information and Broadcasting, Ministry of Local Government, Ministry of Law and Parliament Affairs, and Ministry of Home Affairs will be considered as stakeholders.
Recently, this policy has been submitted to the High Court as an affidavit.
Ishrat Hasan said the government has accepted the issue of not disclosing the identity of the unborn child without any objection. No one has the right to know this. Because it can put the mother under mental pressure. Both the mother and the unborn child can be harmed.
"If this is implemented, just as in neighboring countries, we won't be able to know whether the child in the mother's womb is a boy or a girl, which will lead to a healthy child. Often, when it is known that the unborn child is a girl, mothers become victims of various forms of discrimination. Protecting them from these will ensure the safety of both the mother and the child. Additionally, if the child is a girl, there is a risk of abortion in some cases, and protecting them from this will provide relief to the mothers," she added.
BDST: 1320 HRS, FEB 25, 2024
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