DHAKA, April 10, 2017 (BSS) – The High Court (HC) today issued a rule, asking as to why it shall not declare illegal the special provision of child marriage act allowing underage people to get married in special circumstances.
A High Court division bench comprising Justice Moyeenul Islam Chowdhury and Justice JBM Hassan issued the rule after holding primary hearing on a writ petition filed in this regard.
The rule also asked the officials concerned to explain in four weeks as to why that provision of section 19 of “Child Marriage Restraint Act-2017” shall not be declared contrary and discriminatory to the constitution.
The act was passed in parliament on February 27, describing girl below 18 and boy below 21 as underage.
According to the said provision of the act, marriages involving underage brides or grooms will not be considered an offence if they take place with the consent of the court and the guardians in “special circumstances” serving the “best interest” of the underage female.
Bangladesh National Women Lawyers Association and Nari Pokkho later filed the writ, challenging that provision.