No bar to marriage between higher, lower caste people: HC

The High Court has observed that there is no bar in the law of the land to the marriage between a bridegroom and a bride of higher caste and lower caste.

However, the difference between the castes in the society is a reality, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman said.

The bench came up with the observation yesterday while hearing a bail petition filed by one Tushar Das, a man of Horijon caste of Hindu religion in Shariatpur, who has been convicted and sentenced to 14 years’ imprisonment by a lower court in a case filed on charge of kidnaping his wife Shusmita Debnath Aditi, a daughter of a Brahman family.

“There is an apprehension of making the families isolated from the society if they allow the marriage of members from higher class and lower class. But, the law of the land is different,” the court said.

Justice Enayetur Rahim said: “There is a problem of higher caste and lower caste in our society and it cannot be ignored. It needs to be considered that if the father of a daughter accepts her marriage with a man of other caste, his family might be made isolated from the society”.

After hearing the bail petition, the HC bench granted bail to Tushar Das in the case and stayed the lower court order that fined him Tk 20,000.

The HC also issued a rule asking the authorities concerned of the government to explain why the lower court judgement that sentenced Tushar should not be scrapped.

Advocate Shishir Manir, lawyer for Tushar, told The Daily Star today that Tushar Das of Horijon community and Shusmita Debnath of Brahman community got married at Dhakeshwari Temple in Dhaka on October 15, 2017 after their nine months’ love affairs. They have a three-month old daughter. 

Shusmita’s family did not accept the marriage. Her mother Parul Debnath filed an abduction and rape case against Tushar Das, his father and mother with Palang Police Station in Shariatpur on October 24.

On July 23 this year, Nari O Shishu Nirjaton Daman Tribunal of Shariatpur concluded cross-examination of all seven prosecution witnesses and arguments and delivered the verdict in the case in a very unusual manner, the lawyer said.

The tribunal the same day convicted Tushar and sentenced him to 14 years’ imprisonment and fined him Tk 20,000 and sent him to Shariatpur jail in connection with the case.

Then, Tushar filed an appeal with the HC seeking bail in the case.