The High Court today issued a rule questioning the legality of a legal provision that criminalises consensual sexual relationships based on a "false promise of marriage."
A bench comprising Justice Md Habibul Gani and Justice Syed Mohammed Tazrul Hossain passed the order in response to a writ petition, asking authorities to explain why this provision should not be declared unlawful and repealed.
The petition was filed as a public interest litigation on April 7 by rights organisation AID for MEN and Supreme Court lawyer Md Rashidul Hasan, represented by Advocate Ishrat Hasan.
The challenge targets Section Kha of the Nari O Shishu Nirjatan Daman (Amendment) Ordinance, 2025, which states that a person may be sentenced to up to seven years` rigorous imprisonment and fined if they have sexual relations with a woman over 16 by deceit, specifically through a false promise of marriage, and if a relationship of trust exists at the time.
Petitioners argue that the provision unjustly criminalises consensual relationships between adults, while failing to clearly define what constitutes a "false promise," leaving it open to arbitrary interpretation and misuse.
They further contend that the law assumes adult women are incapable of making independent decisions about sexual relationships, describing it as discriminatory, patriarchal, and a potential violation of constitutional rights to dignity and equality.
