Petition filed challenging legality of marital rape

Four human rights organisations -- BLAST, BRAC HRLS, Manusher Jonno Foundation and Naripokkho -- have filed a writ petition challenging the legality of the marital rape exception clause in section 375 of the penal code.

The petition was filed yesterday before the High Court division of Justice Md Mojibur Rahman Miah and Justice Mohi Uddin, according to a press release issued in this regard.

The petition argued that the marital rape exception clause in Bangladesh's current rape legislation is discriminatory on the basis of gender, and in particular of 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 from Tangail who died due to excessive genital bleeding into one month of her wedding.