The High Court issued a Rule Nisi today, calling upon the government to show cause as to why laws that allow for marital rape of women and girls aged above 13 should not be declared void and discriminatory.

It also served show cause asking the government why laws that allow for marital rape of women and girls aged above 13 should not be declared violation of the fundamental rights of married women and girls to equality, non-discrimination, protection of law, protection of right to life and personal liberty and why the respondents should not be directed to take necessary action to repeal these provisions.

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 on November 1, according to a press release.

The division bench of the High Court division of the Supreme Court issued the rule today.

The respondents include the Ministry of Law Justice and Parliamentary Affairs, the Ministry of Women and Children Affairs, and the Ministry of Home Affairs.

All the petitioner organisations provide support and services to victims and survivors of gender-based violence including rape.

They challenged the marital rape exception clause in section 375 of the Penal Code 1860 as depriving married women and girls (aged above 13) from the right to seek justice for rape by their husbands, and also related provisions, Section 376 of the Code and the explanation to Section 9(1) of the Nari o Shishu Nirjaton Domon Ain 2000 (Suppression of Violence against Women and Children Act) to the extent that these sanction the exception.

Senior Advocate ZI Khan and Barrister Sara Hossain with Barrister Jenefa Jabbar and Barrister Sharmin Akhter appeared for the petitioners. Deputy Attorney General, Advocate Nawroz Md. Rasel Chowdhury appeared for the respondents.

Barrister Jenefa Jabbar, Director of Brac Human Rights and Legal Aid Services (HRLS) programme mentioned that this is another milestone towards achieving equality for women in private life.

Shaheen Anam, Executive Director, Manusher Jonno Foundation, stated, "Child marriage rate is very high in Bangladesh. Child marriage pushed lives of young girls at risk. We filed the writ petition centring the incident of Tangail. We are very pleased and hopeful that the necessary changes will be implemented soon."

Shireen P Huq, member of Naripokkho said, "Very pleased that the Court has recognised the Exception Clause to Section 375 as fundamentally discriminatory, and has responded to the pain that countless women and young girls suffer as a result of forced sexual intercourse by their husbands."

"Criminalisation of marital rape will not necessarily result in those countless women thronging courtrooms with complaints against their husbands. However, it will reaffirm for women their right to say 'no' to their husbands, and signal husbands their obligation to respect that 'no'," she added.

On October 25, 2020, a 14-year-old girl from Tangail died reportedly due to excessive genital bleeding on admission to Dhaka Medical College Hospital (DMCH), just over one month after being married to a man aged 34/35.

Read more: Marital Rape Law : Exception clause in law challenged