[dropcap]B[/dropcap]ANGLADESHI women will no longer be legally bound to declare on their marriage registration form if they were virgins, a top court of the country ruled, ending the “humiliating and discriminatory” practice that was challenged in the court in 2014.
Under country’s existing Muslim marriage laws, a bride has to select one of three options on the certificate: whether she is a Kumari (virgin), a widow or divorced. The other two options in the form – “widow” and “divorced” however remain unchanged.
A top court in Bangladesh has directed the government to remove the word “Kumari” (virgin) from the Nikahnama (Muslim marriage registration form) before the name of the bride.
The landmark verdict has come after years of sustained campaign by rights groups against the “humiliating and discriminatory” term. In a brief verdict on Sunday, the court ordered the government to remove the term and replace it with “unmarried”.
A High Court bench of Justice Naima Haider and Justice Khizir Ahmed Choudhury, Dhaka Tribune reported, gave the direction following a writ petition filed jointly by Bangladesh Legal Aid and Services Trust (Blast), Naripokkho, and Bangladesh Mohila Parishad.
“In the marriage registration form under the Muslim Marriages and Divorces (Registration) Act 1974, Clause 5 requires the bride to make a statement regarding her marital status and sexual history, specifically stating whether she is a virgin or widowed or divorced,” the report read, adding that the court also asked the government to include Clause 4 (A) in the form, which will stipulate the marital status of a groom, stating “married, widower or divorcee.”
The petition was filed in 2014 in the public interest challenging Clause 5 of the prescribed marriage registration form. On September 14, 2014, the court had asked the government to explain why the provision of Clause 5 in the marriage registration form would not be declared illegal.
Arguing that the provision of Clause 5 perpetuated discrimination between women and men, the petition had underscored that the legal provision resulted in violation of the Constitution.
“It is a landmark verdict,” Aynun Nahar Siddiqua, a lawyer involved in the case, was quoted as saying.
She said she hoped the ruling would help advance women’s rights in Bangladesh.
Meanwhile, a local marriage registrar said he and his colleagues were now waiting for the authorities to officially inform them about the changes in the form.
“I have conducted many marriages in Dhaka and I have often been asked why men have the liberty to not disclose their status but women don’t. I always told them this wasn’t in my hands,” registrar Mohammad Ali Akbar Sarker told Reuters.
“I guess I won’t be asked that question anymore,” he added.
