HC issues rule on repeal of marriage promise provision

The High Court on Sunday issued a rule asking the authorities concerned to explain why the provision related to inducement by promise of marriage, incorporated in the Women and Children Repression Prevention (Amendment) Ordinance, should not be declared unconstitutional and repealed.

A High Court division bench comprising Justice Md. Habibul Gani and Justice Syed Mohammed Tazrul Hossain passed the order after hearing the writ petition on it.

The relevant division of the Ministry of Law has been directed to respond to the rule.

Lawyer Ishrat Hasan moved the writ petition before the court.

In the gazette issued on March 25, a new Section 9 (b) has been inserted after Section 9 (a) in the Women and Children Repression Prevention (Amendment) Ordinance-2025.

The section reads, “If any person commits sexual intercourse with a woman above the age of sixteen years by tempting of marriage without the use of physical force and if at the time of the incident the woman had a relationship of trust with the said person, then the said person shall be punishable with rigorous imprisonment for a term not exceeding seven years and shall be punishable with an additional fine.”

Challenging the provision of the ordinance, a writ was filed with the High Court on April 7 by a Supreme Court lawyer Md. Rashidul Hasan and human rights organization “Aid for Men Foundation”.

Ishrat Hasan told reporters that the provision of filing criminal cases only against men for not keeping promises is inconsistent with the Constitution and is against civil rights and justice.

Therefore, the writ has been filed with the High Court to quash the provision, Ishrat Hasan said, adding, it also sought a rule on the validity of the provision as well as a direction to quash the provision.