PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 511 of 2015
Date of filing: 2015/02/22
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Petitioners

1. Arpita Das

2. Bangladesh Human Rights Foundation

Respondents
  1. Cabinet Division
  2. Secretary, Cabinet Division
  3. Ministry of Law and parliamentary Affairs
  4. Secretary, Ministry of Law and parliamentary Affairs
  5. Chairman, Law Commission
  6. Secretary, Ministry of Religious Affairs
  7. Arnab Roy Chodhury
Facts

Arpita Das married Arnab Roy Choudhury. Before their marriage Arpita’s father gave 140,000 taka to Arnab for his higher Studies in the United Kingdom. After their engagement Arnab left Bangladesh for UK on 01.12.2011 and they were married on 01.12.2012. After their marriage Arnab and his family started torturing Arpita mentally and physically. In the meantime, Arpita left her in-laws’ house and later filed a complaint with the Bangladesh Human Rights Foundation for legal aid and they filed a case under Section 4 of the Dowry Prohibition Act 1980. Arpita filed the writ petition to challenge the lack of divorce rights under Hindu personal law which prevent her from exiting an abusive marriage.

 

Rule/Order/Judgment
Date: 26/01/2016


Details

The Court issued a Rule Nisi calling upon the respondents to show cause as to why a direction should not be given allowing the petitioner to exercise her right to divorce her husband.  

The Court also appointed Senior Advocates Mr Abdul Wadud Bhuiyan, Mr M.I. Faruqui, Mr A.F. Hasan Arif and Mr Probir Neogi to make submissions on the legal issues involved in the case, NGOs Bangladesh Legal Aid and Services Trust (BLAST) and Manusher Jonno Foundation (MJF), and two eminent clergymen of Hindu religion, Sree Moth Shami Shangitananda Maharaj and Shujitananda Abdhut as Amici Curiae. BLAST has been asked to appear before the Court to make submissions from the historical point of view of the prohibition of divorce by the Hindu wives and the present social condition of Hindu women around the world.
 

Justices

Mr. Justice Md. Rezaul Haque

Mr. Justice Md. Khurshid Alam Sarkar



Date: 20/03/2017


Details

The Rule was disposed of as the Court was not inclined to enter into the merits of the case in view of the submission that Petitioner No.1 had already been divorced by Respondent No.7 which had been admitted by the Respondent No.7 in his affidavit in opposition.

Justices

Ms. Justice Naima Haider

Mr. Justice Abu Taher Md. Saifur Rahman



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Discrimination (sex),
Women’s Rights,
Discrimination (religion),
Accountability and Institutional Reform
Keywords
Hindu Marriage
Relevant statute

Constitution, Articles 26 (1), 27, 28, 31 and 32;

Dowry Prohibition Act 1980





Case Number: Writ Petition No. 511 of 2015
Date of filing: 2015/02/22

Petitioners

1. Arpita Das

2. Bangladesh Human Rights Foundation

Respondents
  1. Cabinet Division
  2. Secretary, Cabinet Division
  3. Ministry of Law and parliamentary Affairs
  4. Secretary, Ministry of Law and parliamentary Affairs
  5. Chairman, Law Commission
  6. Secretary, Ministry of Religious Affairs
  7. Arnab Roy Chodhury
Facts

Arpita Das married Arnab Roy Choudhury. Before their marriage Arpita’s father gave 140,000 taka to Arnab for his higher Studies in the United Kingdom. After their engagement Arnab left Bangladesh for UK on 01.12.2011 and they were married on 01.12.2012. After their marriage Arnab and his family started torturing Arpita mentally and physically. In the meantime, Arpita left her in-laws’ house and later filed a complaint with the Bangladesh Human Rights Foundation for legal aid and they filed a case under Section 4 of the Dowry Prohibition Act 1980. Arpita filed the writ petition to challenge the lack of divorce rights under Hindu personal law which prevent her from exiting an abusive marriage.

 


Rule/Order/Judgment
Date: 26/01/2016:
Details

The Court issued a Rule Nisi calling upon the respondents to show cause as to why a direction should not be given allowing the petitioner to exercise her right to divorce her husband.  

The Court also appointed Senior Advocates Mr Abdul Wadud Bhuiyan, Mr M.I. Faruqui, Mr A.F. Hasan Arif and Mr Probir Neogi to make submissions on the legal issues involved in the case, NGOs Bangladesh Legal Aid and Services Trust (BLAST) and Manusher Jonno Foundation (MJF), and two eminent clergymen of Hindu religion, Sree Moth Shami Shangitananda Maharaj and Shujitananda Abdhut as Amici Curiae. BLAST has been asked to appear before the Court to make submissions from the historical point of view of the prohibition of divorce by the Hindu wives and the present social condition of Hindu women around the world.
 

Justices

Mr. Justice Md. Rezaul Haque,  

Mr. Justice Md. Khurshid Alam Sarkar


Date: 20/03/2017:
Details

The Rule was disposed of as the Court was not inclined to enter into the merits of the case in view of the submission that Petitioner No.1 had already been divorced by Respondent No.7 which had been admitted by the Respondent No.7 in his affidavit in opposition.

Justices

Ms. Justice Naima Haider,  
Mr. Justice Abu Taher Md. Saifur Rahman



Reference

Area of law
Equality,  Discrimination (sex),  Women’s Rights,  Discrimination (religion),  Accountability and Institutional Reform

Keywords
Hindu Marriage

Relevant statute

Constitution, Articles 26 (1), 27, 28, 31 and 32;

Dowry Prohibition Act 1980


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45