The High Court has directed the government to remove the word (kumari) before the name of the bride from the Nikahnama (Muslim marriage registration form).
As per the existing Muslim marriage laws in Bangladesh, a bride has to select one of three options on the Nikahnama -- whether she is a ‘Kumari’ (virgin), a widow or divorced.
The option as well as the word ‘Kumari’ is humiliating and discriminatory. However, according to a verdict of the High Court, the Bangladeshi brides will no longer be questioned about their virginity in their marriage registration form.
In the full text of the verdict the High Court asked the government to take necessary measures to remove the word ‘Kumari’ within the next six months.
On August 25 in 2019, a High Court bench in the verdict ordered the government to replace the word ‘kumari’ (virgin) with obibahito (unmarried) on marriage certificates. The verdict had come after a five-year-long legal battle, and had been hailed as a landmark victory.
The HC bench of Justice Naima Haider and Justice Khizir Ahmed Choudhury delivered the verdict in response to a writ petition jointly filed by the Bangladesh Legal Aid and Services Trust (BLAST), Naripakkha, and Bangladesh Mahila Parishad.
According to the verdict, in the case of Muslim marriages, the word ‘Kumari’ in Column No. 5 of the Nikahnama or Kabinnama is unconstitutional. The 32-page verdict says, “The word Kumari in the Kabinnama is insulting, discriminatory, prejudicial to women and contrary to the Constitution and the CEDAW charter.”
The HC bench’s senior judge Justice Naima Haider in the observation said, “The Column No. 21 and 22 of the Nikahnama only asked for information about whether the groom currently has a valid marriage or not. But information about whether the bridegroom is divorced or a bachelor or a widower is not sought. On the other hand, the Column No. 5 seeks the information whether the daughter is divorced or widowed or not, as well as whether the daughter has had any physical relationship before. Seeking such information is insulting, discriminatory, prejudicial and contrary to the Constitution and the Code of Civil Procedure. The provision of seeking such information is contradictory to Articles 27, 28 and 31 of the Constitution. Such interference in the protection of individual’s privacy undermines the rights of women to personality and self-dignity protected under Articles 31 and 32 of the Constitution. The use of the word virgin instead of the word unmarried is disrespectful and insulting to women which is in violation of Article 32 of the Constitution and the CEDAW charter.”
The High Court in the full text of the verdict opined that in such circumstances it would be justified to issue directions under Article 102 of the Constitution. Accordingly, Column No. 5 of Form No. 1601 was declared illegal as it contradicts the Constitution. The respondents, including the law secretary, must amend the Column No. 5 of the Nikahnama to delete the word ‘Kumari’ within six months of the verdict. It should be written whether the daughter is unmarried, widowed or divorced. Column No. 21 of the Nikahnama should be amended and written accordingly, whether the groom is married/unmarried/divorced/widower or not.
The solemnization of Muslim couples in a ceremony of Nikah (Muslim marriages) are performed by government-assigned Marriage Registrars keeping in accordance with the Muslim Marriages and Divorces (Registration) Act, 1974. Apart from a few amendments made to the law, the rituals have been carried out in a similar manner over the years.
Against this backdrop, three rights organizations filed writ petition in 2014 as public interest litigation, challenging the Column No. 5 of marriage registration form. The petitioners said the provision of the column is contradictory to the right to privacy and is also discriminatory between women and men.
After a brief hearing, HC bench of Justice Naima Haider and Justice Md Jahangir Hossain on September 14 in 2014 had issued a rule asking the government to explain why the provision of the Column No. 5 in the marriage registration form would not be declared illegal.
The Nikahnama is a written document that is signed by two Muslim partners. In the marriage registration form, Colum No. 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.
In the old Bangla language, ‘Kumari’ signifies the state of being unmarried. However, it also connotes the alternate meaning of being a virgin. The commonly used ‘obibahito’ is a very specific term meaning unmarried.
