PUBLIC INTEREST LITIGATION (PIL)

1. Arpita Das
2. Bangladesh Human Rights Foundation

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 Choudhury

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.

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. 

Mr. Justice Md. Rezaul Haque
Mr. Justice Md. Khurshid Alam Sarkar

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.

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

The High Court issued Rule upon the respondents to show cause as to why a direction should not be given allowing the Pettioner No. 1 to exercise her right to divorce her husband, respondent no. 7 and to exercise her fundamenental rights conferred upon her under part III of the Constitution of the People’s Republic of Bangladesh and/or pass such other or further order or orders as to this court may seem fit and proper.

Ms. Justice Naima Haider
Mr. Justice Mustafa Zaman Islam