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The High Court has issued a rule asking why sexual relations of a husband with his wife without permission should not be included in the law, since it is considered marital rape.
At the same time, the Superior Court has issued a rule that allows spousal rape of women and adolescents over 13 years of age. The rule also asks why section 37 of the corresponding penal code will not be modified.
The law secretary, the secretary of the Ministry of Women’s and Children’s Affairs, the secretary of the Ministry of the Interior and others have been asked to respond to the rule in the next four weeks.
The preliminary hearing of a petition presented by four organizations on Tuesday (November 3), the Superior Court of Justice. A bench made up of Judge Mojibur Rahman Mia and Judge Mohiuddin Shamim approved the rule.
Attorneys ZI Khan Panna, attorney Sara Hossain, Jeniffa Jabbar and Sharmin Akter appeared for the brief request. Assistant Attorney General Nowroz was on behalf of the state. Russell Chowdhury.
Earlier, on November 1, Barrister Sharmin Akhter filed a court petition on behalf of Bangladesh Legal Aid and Services Trust (BLAST), BRAC, Women’s Party and Foundation for People.
Subsequently, a press release indicated that the law that allows spousal rape of women and adolescents over 13 years of age that discriminates and violates the fundamental rights of married women and adolescents to equality, non-discrimination, and protection of the law, the protection of life and individual liberty. Ask why the defendants will not be instructed to take the necessary steps to repeal the laws.
Exceptions to article 375 of the Penal Code regarding marital rape and to article 37 of the corresponding Penal Code, article 9 (1) of the Law on Prevention of Violence against Women and Children of 2000, which deprives married women and adolescents of the right to a trial for rape through their husbands. The order was presented challenging these sections.
A 14-year-old girl from Tangail died on October 25 after being admitted to Dhaka Medical College Hospital due to excessive bleeding, according to the statement. Upon returning to the United Arab Emirates, she married a 34/35 year old man on 20 September. According to the report, the girl had been bleeding profusely from the first night of their marriage.
In this context, the National Survey on Violence Against Women (2015) conducted by the Bangladesh Bureau of Statistics (BBS) has revealed that the 10-point demand of the Coalition for Rape Law Reform for the reform of the rape law has been raised in several stages. , 26.3% of married women suffer constant sexual abuse by their husbands, including forced sex.
In such a situation, in order to establish the fundamental constitutional human rights of married women and adolescents (over 13 years of age), four human rights organizations have modified the law on rape and have sought guidelines to criminalize marital rape .
FH / AH / MKH
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