Writ filed challenging law that makes physical relation promising marriage a punishable offence

A writ has been filed with the High Court challenging the legality of considering physical relation under the pretext of marriage as a punishable crime.

In this writ, a direction has been sought to issue a rule asking why the provision making sexual intercourse under the pretext of marriage a punishable crime should not be declared illegal, unlawful and unconstitutional.

Supreme Court lawyer Md Rashidul Hasan and lawyer Ishrat Hasan on behalf of the human rights organisation ‘Aid for Men Foundation’ filed the writ on Monday (April 7).

The secretary of the Law and Justice Division of the Law Ministry, the secretary of the Legislative and Parliamentary Affairs Division, and the secretary of the Women and Children Ministry have been named as the respondents in the writ petition.

The High Court bench of Justice Raziq Al Jalil and Justice Tamanna Rahman Khaledi will hear the writ, said lawyer Ishrat Hasan.

The writ states, "If consensual physical rewlation between two adult men and women is considered a crime solely because of the non-fulfillment of the marriage promise, it violates the right to personal liberty and women's right to consent. Such allegations portray women as foolish or greedy, which is against the decision-making power and dignity of women."

Lawyer Ishrat Hasan said filing a criminal case against only men for not keeping a promise is against the constitution. It is a law that is against civil rights and against justice. Therefore, the writ has been filed to quash this law.