HC questions legality of criminalising sex on false promise of marriage
Respondents given 4 weeks to reply
The High Court has issued a rule questioning why the newly added provision in a law criminalising consensual physical relations based on a false promise of marriage should not be declared illegal and void.
The bench of Justices Md Habibul Gani and Syed Mohammed Tazrul Hossain passed the order today (4 May) following a hearing on a writ petition challenging the legality of the provision.
The court directed the law secretary, legislative and parliamentary affairs secretary, and the secretary of the women and children affairs ministry to respond to the rule within four weeks.
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The petition was filed on 7 April by lawyer Md Rashidul Hasan and the human rights organisation Aid for Men Foundation, with Supreme Court lawyer Ishrat Hasan representing them in court.
The writ argues that if a consensual sexual relationship between two consenting adults is criminalised solely due to a broken promise of marriage, it violates personal liberty and a woman's right to consent.
It further claims that such provisions portray women as naive or manipulative, undermining their autonomy and dignity.
Speaking to the media, Ishrat Hasan said, "Criminalising only the man for not fulfilling a promise to marry is discriminatory and unconstitutional. It violates the principles of justice and equality guaranteed under the Constitution."
The controversial amendment was issued as part of a revised ordinance on 25 March, in the wake of a nationwide outcry over the rape and killing of a child in Magura.
In response, the government shortened the investigation and trial periods for rape cases under the law – from 30 to 15 days for investigation, and from 180 to 90 days for trial.
