Marital Rape Law : Exception clause in law challenged

Four rights organisations filed a writ petition on Sunday challenging the legality of the marital rape exception clause in section 375 of the penal code.

Bangladesh Legal Aid And Services Trust (Blast), Brac Human Rights and Legal Aid Services, Manusher Jonno Foundation and Naripokkho filed the petition with the High Court division bench of Justice Md Mojibur Rahman Miah and Justice Mohi Uddin Shamim, said a press release.

The petition argued that the marital rape exception clause in the current rape legislation is discriminatory on the basis of gender and marital status, and violates the fundamental rights of married women and girls (aged above thirteen) as guaranteed under Articles 27, 28, 31, 32  and 35 (5) of the constitution.

Therefore, the petitioners sought rule and direction to repeal the marital rape exception clause in section 375 of the Penal Code 1860, while also seeking necessary amendment of the relevant portions of section 376 of Penal Code 1860 and section 9 (1) of Nari o Shishu Nirjatan Daman Ain 2000.

The writ comes following the death of a fourteen-year old girl in Tangail who died due to excessive genital bleeding within one month of her wedding.