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A preliminary hearing of an order petition filed by four human rights organizations regarding marital rape, said Justice. A virtual high court of Mujibur Rahman Mia and Judge Mohi Uddin Shamim approved the rule on Tuesday.
The secretary of justice, the secretary of the Ministry of Women’s and Children’s Affairs and the secretary of the Interior were asked to respond to the rule.
The Bangladesh Legal Aid and Services Trust (BLAST), BRAC, Foundation for Women and People, filed the writ petition on Sunday.
The brief challenged articles 375, 37 of the Penal Code and article 9 (1) of the Prevention of Abuse of Women and Children Act of 2000.
ZI Khan Panna, Sara Hossain, Jeniffa Jabbar, and Sharmin Akter appeared for the petitioner’s brief. Assistant Attorney General Nowroz said on behalf of the state. Russell Chowdhury.
Sharmin Akhter told bdnews24.com that according to the Bangladesh Bureau of Statistics, 28 percent of women were raped in their married life.
According to article 375 of the Penal Code, if a married girl is not less than 13 years old and her husband has had forced sexual relations, it will not be considered rape.
According to article 37 of the Penal Code, rape is not punishable if the married woman or girl is not less than 12 years old. Once again, in the interpretation of Section 9 (1) of the Law for the Suppression of Abuse of Women and Children, marital rape has been avoided.
“These exceptions to marital rape are completely contrary to articles 26, 27 and 31 of our constitution,” said Sharmin. This is because these sections discriminate between married women and single women. The right to justice has been violated for rape of the husband. Therefore, it is necessary to modify these sections. The court has issued a rule to that effect ”.
The writ was filed in connection with the death of a married girl in Tangail.
On October 25, the 14-year-old girl was admitted to the Dhaka Medical College Hospital (DMCH) in Tangail and died due to excessive genital bleeding.
The girl was married to a man aged 34 to 35 in the United Arab Emirates on September 20.
According to reports published in various media, the girl bled profusely from the first night of the marriage.
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