The High Court today questioned the legality of a provision that allows marriage of underage girls and boys in “special circumstances”.
The court issued a rule asking the government to explain why the special provision of ‘Child Marriage Restraint Act-2017’ should not be declared discriminatory and contrary to the constitution.
Secretaries of law and women and child affairs have been made respondents to the rule.
The High Court bench of Justice Moyeenul Islam Chowdhury and JBM Hassan came up with the rule following a writ petition jointly filed by rights organisations Bangladesh National Women Lawyers Association and Nari Pokkho.
The organisation recently filed the petition saying that the special provision which has allowed a girl under 18 and a boy under 21 to get married on permission from their parents or court. This provision is against the constitution as it is discriminatory.
The constitution of the country does not allow discrimination.