The High Court has issued a rule questioning the legality of a provision in the Women and Children Repression Prevention (Amendment) Ordinance, 2025 that criminalises sexual relations under the promise of marriage.
The High Court bench comprising Justice Habibul Gani and Justice Syed Mohammad Tajrul Hossain issued the rule on Sunday, following a preliminary hearing of the relevant writ petition.
It asked why the provision should not be declared unlawful and unconstitutional, directing the respondents to reply.
Lawyer Ishrat Hasan appeared for the petitioner during the hearing, accompanied by Advocate Tanzila Rahman. Khan Ziaur Rahman represented the state.
Earlier, on April 7, a writ petition was filed challenging the constitutionality of the prevailing legal provision that criminalizes sexual relations under the promise of marriage.
The petition was jointly submitted by Supreme Court lawyer Md Rashidul Hasan and Barrister Ishrat Hasan on behalf of the human rights organization “Aid for Men Foundation”.
The writ names as respondents the secretaries of the Law and Justice Division, the Legislative and Parliamentary Affairs Division, and the Ministry of Women and Children Affairs.
The petition sought a rule asking why the provision criminalizing sexual relations based on a false promise of marriage should not be declared illegal, unlawful, and unconstitutional.
According to the writ, if consensual sexual relations between two adults are considered a criminal offence solely due to the failure to fulfil a promise of marriage, it infringes on individual liberty and a woman’s right to consent.
On behalf of the petitioners, it was argued that such allegations portray women as either “naïve” or “greedy”, which undermines their decision-making ability and dignity.
Following the submission of the writ, Ishrat Hasan said that filing criminal charges solely against men for not fulfilling a promise of marriage contradicts the constitution.
She described the provision as a violation of civil rights and principles of justice, which is why the petition seeks to repeal the law.