Law can’t take precedence over protecting families

The High Court (HC) has observed that enforcement of rules cannot take precedence over protecting families.

Interpretation of law also has to be humane, the court further noted. 

The bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman made the observation on May 12, in the full text of a verdict of a petition filed by one Md Safiqul Islam, against his conviction in a dowry case.

The full text noted that misunderstandings and conflicts between a husband and a wife is not unusual. Torturing the wife and demanding dowry is undoubtedly a condemnable and punishable offence.

Nevertheless, if the couple agrees to continue their conjugal life after settling their differences, the provisions of law --- no matter how stringent -- cannot take precedence over protecting a family, the text further observed.

On July 7, 2014, Nari O Shishu Nirjaton Daman Tribunal-1 of Chattogram sentenced Safiqul to three years’ imprisonment and fined him Tk 50,000 in a case filed over torturing his wife Lovely Aktar for dowry.

The couple had decided to remain together. They have a two-and-a-half year old son and want to settle the dowry case, through compromise, filed by Lovely.

However, there is no provision in Section 11 (Ga) of Women and Children Repression Prevention Act 2000 to settle such cases through compromise.

On April 10 this year, the HC scrapped the Chattogram tribunal verdict and exonerated Safiqul from the charges and the fine.

The bench directed the government to amend the law in six months for making the offences under Section 11 (Ga) compoundable.

Section 11 (Ga) of Nari O Shishu Nirjaton Daman Act deals with offences related to torture for dowry.

In the verdict, HC also said parties can settle their cases filed under Section 11(Ga) through compromise until the section of the law is amended.

The HC said if the offences under this section are settled through compromise, the number of cases will reduce substantially.

In addition, the secretary to women and children affairs ministry has been ordered to take necessary steps to amend the law.

Secretary to the legislative and parliamentary division of the law ministry has been asked to provide necessary assistance in this regard.

The court also directed officials concerned to send the full text of the verdict to the law ministry as well as all the Nari O Shishu Nirjaton Daman tribunals across the country.