In a recent ruling, the High Court has unequivocally stated that the gender identity of unborn children cannot be disclosed, issuing strict directives to hospitals and diagnostic centers to adhere to this policy. The verdict was announced by the High Court bench comprising Justice Naima Haider and Justice Kazi Zinat Hoque on Sunday, settling the ruling issued on the related writ.
The Directorate General of Health Services (DGHS) had submitted a report to the High Court on January 29, affirming that revealing the gender of an unborn child while in the mother’s womb is not permissible. In response, the High Court endorsed the policy and ordered compliance from all parties involved.
The policy outlined by the DGHS emphasizes that no entity, including individuals, hospitals, diagnostic centers, or laboratories, shall disclose the gender of the child through any means. Additionally, it prohibits advertisements in this regard. The government ministries are tasked with training healthcare professionals on ethics and professional conduct, with a focus on negative outcomes. Furthermore, data related to gender identity tests must be securely stored, and medical centers are encouraged to promote gender equality and girl child importance through digital and print media.
Advocate Ishrat Hasan initiated the legal action on January 26, 2020, by filing a public interest writ seeking a halt to the testing and disclosure of the gender identity of unborn children. The writ highlighted that sex determination of unborn children is prohibited by law in India, and such determinations can lead to stress on expectant mothers and, in some cases, even result in abortions due to family pressure.
In response to the writ, the High Court issued a rule on February 3, 2020, urging the formulation of policies to prevent the disclosure of gender identity while still in the womb. The High Court questioned the legality of the failure to formulate such policies, leading to the subsequent formation of a committee by the DGHS to address the issue. This recent ruling reinforces the commitment to safeguard the confidentiality of unborn children’s gender identities.
