High Court questions why only men face punishment for physical relation over marriage promise

The High Court has questioned why consensual relationships between adults based on an alleged “false promise of marriage” should be treated as a criminal offence, and why only men should face punishment.

It also issued a rule asking why Section 9(b), inserted into the Women and Children Repression Prevention (Amendment) Act, 2026, should not be declared unconstitutional and void.

The provision says a person who has sex with a woman aged over 16 by inducing her with a promise of marriage, without using physical force, while having a relationship of trust with her, can face up to seven years’ rigorous imprisonment and a fine.

A bench led by Justice Md Habibul Gani issued the rule on Tuesday. 

Two secretaries of the law ministry and the secretary of the Ministry of Women and Children Affairs have been made respondents.

Saiful Islam Nadim, secretary of the men’s rights organisation Aid for Men Foundation, filed the public-interest writ petition in 2025.

Lawyer Ishrat Hasan, representing the petitioner, said the provision was first introduced through a 2025 ordinance, repealed later, and then reinstated unchanged through the 2026 amendment.

“Since the previous law no longer exists, we filed a supplementary affidavit challenging the new 2026 amendment,” she told bdnews24.com.

“The court, after hearing the case on Tuesday, issued a rule asking why the law should not be declared unconstitutional and void.”