Date of filing: 30/01/22
Petitioners:
- BLAST
- ASK
- Awaj Foundation
- Bangladesh Mohila Parishad
- Foundation for Law and Developement
- Naripokkho
Respondents
1. Bangladesh represented by The Secretary, Ministry of Law and Justice and Parliamentary Affairs
2. The Secretary, Ministry of Public Administration.
Facts:
30.01.2026
The writ petition challenges Rule 6(6Ka) of the Muslim Marriages and Divorces (Registration) Rules, 2009 (as amended in 2013), which provides that where a vacancy arises due to the retirement or death of a Nikah Registrar, preference shall be given to the son of the retired or deceased Nikah Registrar, provided he possesses the requisite qualifications. It was argued that the impugned provision creates a hereditary and gender-based preference in the appointment of Nikah Registrars. It was further argued that until the introduction of a similar preferential provision in 1999, neither the Muslim Marriages and Divorces (Registration) Act, 1974 nor the Rules governing the appointment of Nikah Registrars contained any provision granting preference to one gender over another. Subsequently, in 2009, the qualification requirements for appointment were expanded to include candidates with secular and mainstream educational qualifications alongside madrasa qualifications, thereby widening the pool of eligible candidates. The petition contends that despite the expansion of qualifications, the impugned rule continues to give preference to sons of deceased or retired Nikah Registrars over equally qualified daughters and other candidates. It was argued that otherwise qualified women are effectively denied equal consideration for appointment as Nikah Registrars, as the rule arbitrarily prioritizes male descendants without any rational basis. The provision was therefore challenged as discriminatory, violative of the constitutional guarantees of equality and non-discrimination, and contrary to women’s equal opportunity in public employment.
Rule: Rule Nisi and direction
On 15th February 2022 after a preliminary hearing of the Public Interest Litigation (Writ Petition No. 1641 of 2022) a division bench of the High Court Division comprising Ms. Justice Farah Mahbub and Mr. Justice S.M. Maniruzzaman issued a rule nisi calling upon the Respondents to show cause as to why the impugned Rule 6(6KA) of the Muslim Marriage and Divorce (Registration) Rules, 2009 (as incorporated vide S.R.O. No. 330-Law/2013 dated 20.10.2013), to the extent of the provision requiring that “preference shall be given to the son of the concerned Nikah Registrar” for appointment to a vacant post of Nikah Registrar arising due to the death or retirement of the incumbent, provided he is otherwise qualified under Rule 8 of the said Rules, shall not be declared to have been made without lawful authority and to be of no legal effect, being ultra vires the Muslim Marriages and Divorces (Registration) Act, 1974, and also being violative of Articles 27, 28, 31 and 32 of the Constitution of the People’s Republic of Bangladesh, and/or why such other or further order or orders should not be passed as to this Hon’ble Court may deem fit and proper.
Details
Justices
Mrs. Justice Farah Mahbub and Mr. Justice S.M. Maniruzzaman
Area of law:
Rule 6 (6Ka) of Muslim Marriage and Divorce Registration Rules 2009, (as amended in 2013)
Keywords
Equality before Law, Gender Discrimination , Women Rights.
Relevant statute
1. Bangladesh Constitution
2. Muslim Marriage and Divorce Registration Rules 2009, (as ameded in 2013)
Details