Prohibit marriage to rapists legally

The practice of marrying rape victims to their rapists has become a tragic cultural distortion in Bangladesh. In many cases, to avoid legal consequences, the rapist and his family propose marriage as a settlement. The victim’s family also agrees, in an attempt to protect the woman’s honour. But far from being a happy union, such marriages often lead to continued abuse, separation, and even murder. Numerous accounts and evidence show that in most cases, after marriage, the husband neither maintains contact with the woman nor accepts their child, and whenever the chance arises, his first move is to drive the woman out of the house. At that point, the woman is left with no way out.

According to information reported in the media yesterday (June 22), women who married their accused rapists have not only failed to build a family life, but have also faced complications in securing recognition for the children born as a result of the rape. One such victim has even been murdered. Legal experts and human rights activists have pointed out that rape is a criminal offence. Forcing a woman to marry the person who violated her is degrading. Letting the rapist off in this way amounts to a legal loophole.

Recently, singer Mainul Ahsan Noble married the plaintiff of a rape case filed against him. The court permitted the marriage of Mainul Ahsan Noble, who had been arrested in the rape case. The marriage ceremony was conducted under the supervision of prison authorities at the main gate of Keraniganj Central Jail. This incident received widespread attention across the country. Several similar incidents have been reported where the rapist was released after marrying the victim in court or in jail. These cases are undoubtedly poor precedents. Firstly, marriage to a rapist is not a solution; secondly, this legally allows a criminal offender to be set free.

According to the current Women and Children Repression Prevention (Amendment) Act, 2003, if a man rapes a woman or child, he will be punished with the death penalty or life imprisonment with rigorous labour, along with an additional fine. DNA tests have been made mandatory in rape cases.

As per the law, any child born as a result of rape can be placed under the care of the mother or her relatives. The child may be identified by either or both parents. The state will bear the cost of the child's maintenance until the age of 21. In the case of a daughter, support will continue until her marriage, and for a disabled child, support will continue until they are able to sustain themselves. The Women and Children Repression Prevention Act also states that the government can recover child maintenance expenses from the rapist. If this cannot be done from his current assets, it will be collected from any assets he acquires in the future.

The interim government issued the Women and Children Repression Prevention (Amendment) Ordinance, 2025 on March 25 last. It introduced Section 9(b), titled ‘Punishment for Sexual Acts Under the Promise of Marriage’, separating it from Section 9 (Punishment for Rape, Death from Rape, etc.), the main section on rape. The government's reasoning is that this will reduce the backlog of serious rape cases under Section 9 and allow for faster trials.

It must be remembered that cases filed under the law for preventing violence against women and children, including rape, are not subject to compromise. Yet, through marriage, rapists are often freed from criminal charges—and with legal approval. But extensive evidence shows that this approach backfires, with victims facing further abuse and, at times, death. It is now time to legally put an end to the practice of marrying rapists.