Bangladesh
Marital Rape High Court asks why marital rape shouldn't be declared illegal
Dhaka, November 4: The High Court has issued a rule asking why a husband's sexual intercourse with his wife without her permission should not be included in the law as it is considered marital rape. At the same time, the High Court has issued a rule questioning the government why the legality of marital rape of women and teenage girls in the country’s rape legislation should not be declared unconstitutional. The rule also asks why section 376 of the relevant penal code will not be amended.
The law secretary, secretary of the ministry of women and children affairs, secretary of the home ministry and others have been asked to respond to the rule within the next four weeks.
The preliminary hearing of a writ petition filed by four organizations on Tuesday (November 3). A bench comprising Justice Mojibur Rahman Mia and Justice Mohiuddin Shamim passed the rule.
Lawyers Z I Khan Panna, Barrister Sara Hossain, Jeniffa Jabbar and Sharmin Akter appeared for the writ petition. Deputy Attorney General Nowroz Mohammad Russell Chowdhury represented the state.
Earlier, on November 1, Barrister Sharmin Akhter filed a writ petition on behalf of Bangladesh Legal Aid and Services Trust (BLAST), BRAC, Women's Party and Foundation for People.
A press release later said that the law allowing marital rape of women and adolescents over the age of 13 that discriminates and violates the fundamental rights of married women and adolescents to equality, non-discrimination, protection of law, protection of life and individual liberty should not be repealed. The rule seeks to know why defendants will not be instructed to take the necessary steps to repeal the laws.
Exceptions to Section 375 of the Penal Code relating to marital rape and Section 376 of the relevant Penal Code, Section 9 (1) of the Prevention of Violence against Women and Children Act 2000, which deprive married women and adolescents (above 13 years of age) of the right to a rape trial. The writ was filed challenging these sections.
A 14-year-old girl from Tangail died on October 25 after being admitted to Dhaka Medical College Hospital due to excessive bleeding, the statement said.
She got married on September 20 to a 34 year old man. According to the report, the girl was bleeding profusely from the first night of the marriage.
