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The High Court (HC) has questioned the legality of the declaration of Section 18 of "The Child Marriage Restraint Act, 2017" that limits a two-year timeframe for taking cognisance of crimes committed against any child.
The High Court on Sunday issued a rule asking the respondents to explain as to why Section 18 of the "The Child Marriage Restraint Act, 2017" should not be declared unconstitutional.
Secretaries of Law and Justice Division, Legislative and Parliamentary Affairs Division, Women and Children Affairs and Ministry of Home have been asked to comply with the rule within four weeks.
The High Court bench of Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua passed the order after hearing a writ petition filed by a Supreme Court lawyer, Ishrat Hasan.
Section 18 of the act says: "Mode of taking cognizance of offences: No court shall take cognizance of an offence under this Act after expiry of 2 (two) years from the date on which the offence is alleged to have been committed."
According to the petition, "Child marriage constitutes a continuing offence, as its consequences loss of education, maternal health risks, physical and psychological trauma, and deprivation of liberty, and persists for many years.
Victims of child marriage are minors and vulnerable persons who often lack the capacity, awareness, or opportunity to lodge a complaint within the prescribed limitation period.
Imposing a time bar on such victims effectively penalises them for their incapacity and undermines the protective purpose of the law.
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