HC questions gender-biased appointment provision of marriage registrars

The High Court has questioned a gender-biased provision regarding the appointment of Muslim marriage registrars.

The court issued a rule asking the government bodies concerned to explain in two weeks as to why the provision allowing sons only of the deceased or retired marriage registrars in getting appointments in the newly vacated post on a priority basis should not be declared unconstitutional.

It also wanted to know in the rule as to why the provision should not be scrapped for discriminating the daughters of registrars.

The Law secretary and public administration secretary have been asked to comply with the rule within two weeks.

The HC bench of Justice Farah Mahbub and Justice SM Maniruzaaman issued the rule on Tuesday after hearing a writ petition filed by six rights organisations including Bangladesh Legal Aid and Services Trust (BLAST), and Ain O Salish Kendra (ASK).

The petitioners are aggrieved by section 6(ka) of the Muslim Marriages and Divorces (Registration) Rules 2009 (as amended in 2013), in as much as it is arbitrary and discriminates on the basis of sex, giving priority in appointment to the sons of deceased or retired marriage registrars without any rational basis.

Lawyers ZI Khan Panna, Sara Hossain, Sharmin Akhter, and Shahinuzzaman appeared for the petitioners, while Deputy Attorney General Samarendranath Biswas represented the state during the virtual hearing of the petition.

[email protected]