Regulations Governing Sex Selection in Bangladesh: Implications of Islamic Law and Ethics
摘要
Sex selection for medical purposes is a widely accepted method primarily aimed at preventing the transmission of X-linked genetic disorders to future generations. However, sex selection for socio-cultural or nonmedical reasons—e.g., personal preference for a specific gender or family balancing issues—has been a debated issue in health law, public policy, and ethics in many countries, including Bangladesh. Recently, the Bangladesh High Court ordered the government to ban prenatal sex selection for nonmedical reasons. In response, the Directorate General of Health Services (DGHS) proposed national guidelines for healthcare providers, requiring hospitals, diagnostic centers, and clinics to strictly prevent the disclosure of fetal sex during pregnancy. This paper argues that the guidelines should be updated to include a ban on all forms of sex selection for nonmedical reasons. Islamic law prohibits all types of nonmedical sex selection because they are against the will of Almighty Allah. Muslims believe that Allah alone creates human life and that humans do not have the authority to determine the sex of the fetus. International documents and conventions also oppose sex selection for nonmedical reasons, viewing it as discriminatory, especially in societies with deep-rooted gender biases. Therefore, this paper asserts that a comprehensive legal framework—specifically enacted by the Bangladesh Parliament—is necessary to ban all forms of sex selection for nonmedical reasons. Additionally, legislation alone may not be sufficient, as it might unintentionally allow discriminatory practices to continue elsewhere in society. Instead, a holistic approach is needed—one that includes socio-cultural shifts through education and awareness campaigns promoting gender equality, the empowerment of women and girls, and their economic independence. These strategies are crucial for addressing the root causes of gender-based preferences and building a more equitable society.