The High Court has issued a rule asking why the legal bar on taking cognizance of child marriage offences after a two-year limitation period should not be declared unconstitutional.
The court also questioned why such a restriction should not be deemed contrary to justice.
The rule was issued to the secretaries of the Ministry of Law, Justice and Parliamentary Affairs, the Ministry of Women and Children Affairs, and the Ministry of Home Affairs, asking them to respond.
Following a primary hearing on the writ petition, the High Court bench of Justice Kazi Zinat Hoque and Justice Naima Haider issued the rule on Sunday.
Advocate Ishrat Hasan argued for the petitioner, assisted by Advocate Tanzila Rahman.
Earlier, Advocate Ishrat Hasan filed a writ petition challenging the legality of Section 18 of the Child Marriage Restraint Act, 2017.
Section 18 of the Act states that no complaint regarding a child marriage may be taken into cognizance by the court after two years of its occurrence.
Speaking on the matter, Advocate Ishrat Hasan said: “Victims of child marriage are often very young and mentally vulnerable, making it difficult for them to file complaints immediately. When they reach adulthood and seek justice, Section 18 prevents them from doing so. This goes against the state’s constitutional obligation to ensure justice. It is a legal barrier that, in practice, protects offenders and deprives victims. It violates Articles 27, 31, and 32 of the Constitution, which guarantee equality before law and the right to justice.”
