A writ petition has been filed in the High Court challenging the legality of the existing law that criminalizes consensual sexual relations based on a false promise of marriage. The petition questions why such a provision should not be declared illegal, unconstitutional, and contrary to fundamental rights.
The petition was filed on Monday (April 7) by Supreme Court lawyer Md. Rashidul Hasan and human rights organization ‘Aid for Men Foundation’, represented by lawyer Ishrat Hasan. The respondents named in the petition include the Secretaries of the Law and Justice Division, the Legislative and Parliamentary Affairs Division, and the Ministry of Women and Children Affairs.
According to lawyer Ishrat Hasan, the petition is scheduled to be heard by a High Court bench comprising Justice Rajik Al Jalil and Justice Tamanna Rahman Khaledi.
The petition argues that if a consensual sexual relationship between two adults is treated as a criminal offense solely due to an unfulfilled promise of marriage, it infringes upon personal liberty and a woman’s right to give consent.
It further states that such laws portray women as either gullible or opportunistic, undermining their capacity to make decisions and diminishing their dignity.
Additionally, Ishrat Hasan noted that prosecuting only men under such allegations is discriminatory and contradicts the principles of the Constitution. The petition asserts that this legal provision is unjust and violates citizens' rights, which is why its repeal has been sought through the writ.
