Logo
×

Follow Us

Back Page

Adultery as Rape

HC questions ‘controversial’ definition in new law

Daily Sun Report, Dhaka

Published: 04 May 2025, 11:48 PM

A A

The High Court has issued a rule questioning the legality of a 'controversial' provision in the Women and Children Repression Prevention (Amendment) Ordinance, 2025, which redefines adultery as rape.
The HC bench of Justice Md Habibul Gani and Justice Syed Mohammed Tazrul Hossain issued the rule on Sunday following a writ petition, asking the authorities concerned to explain why the provision should not be declared unconstitutional.

Advocate Ishrat Hasan appeared for the petitioner during the hearing, while Khan Ziaur Rahman represented the state.
In the gazette issued on 25 March, a new Section 9 (b) has been inserted after Section 9 (a) in the law where adultery has been redefined as rape.

The section stipulates: "If any person commits sexual intercourse with a woman above the age of 16 years under the false promise 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."
The inclusion of 'rape under the promise of marriage' has been criticised by various quarters. Before the amendment, the law did not consider such cases as rape.
Challenging the provision, a writ petition was filed with the High Court on 7 April on behalf of the human rights organisation 'Aid for Men Foundation'.
The petition argues that if consensual sexual relations between two adults are considered a criminal offence, it infringes on individual liberty and a woman's right to consent. Such allegations portray women as either "naïve" or "greedy", which undermines their decision-making ability and dignity.

 

Read More