Nari O Shishu Nirjaton Daman Act: HC releases full text of its judgement

The High Court today released the full text of a judgement directing the government to amend the Nari O Shishu Nirjaton Daman Act-2000 in six months for making the offences under its Section 11 (Ga) compoundable.

Section 11 (Ga) of the Nari O Shishu Nirjaton Daman Act (Women and Children Repression Prevention Act)-2000 deals with the offences relating to torture for dowry.

Tap here to add The Daily Star as a trusted source

Secretary to the ministry of women and children affairs ministry has been ordered to take necessary steps to amend the law and secretary to the legislative and parliamentary division of the law ministry has been asked to provide necessary assistance to this effect.

The HC said in the full text of the verdict that the parties concerned can settle their cases filed under Section 11 (Ga) of the Nari O Shishu Nirjaton Daman Act-2000 through compromise until the Section is amended.

The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman also directed the officials concerned of the court to send the full text of this verdict to the law ministry and all the Nari O Shishu Nirjaton Daman Tribunals across the country. 

The bench had delivered the short verdict on April 10 this year after hearing a petition filed by one Md Safiqul Islam challenging a Chattogram tribunal verdict on him.

The Nari O Shishu Nirjaton Daman Tribunal-1 of Chattogram on July 7, 2014, had convicted Safiqul and sentenced him to three years’ imprisonment and fined him Tk 50,000 in a case filed for torturing his wife Lovely Aktar for dowry.

The HC also scrapped the Chattogram tribunal verdict and exonerated Safiqul from the charges and the fine.

Safiqul and Lovely are now running their family and want to settle the dowry case filed by Lovely against Safiqul through compromise. But, there is no provision in Section 11 (Ga) of the Nari O Shishu Nirjaton Daman Act-2000 to settle the case through compromise.

In the full text of the verdict, the HC observed that the enforcement of the law and its explanation cannot be mechanical.

“Misunderstanding and conflict between the husband and wife in the family and conjugal life is not an unusual incident. Torturing the wife by a husband demanding dowry is undoubtedly condemnable and punishable offences. Nevertheless, if the husband and wife determine to continue running their conjugal life after settling the misunderstandings, the provisions of the law cannot bigger than protecting the family,” the HC judges said in the full text of verdict.