An inexplicable delay by law ministry
It is inconceivable why—even five years after the High Court ruled to remove the derogatory term "kumari" from Kabinnama (Muslim marriage deed)—no action has been taken yet by the concerned authorities. The term, meaning "virgin" in Bangla, reduces a woman's status to society's perception of her so-called sexual purity, which is in direct contradiction to her right to privacy and dignity. Its use in legal documents is especially troubling as it leaves room for potential abuse.
In the Muslim marriage deed, a woman is required to declare her marital status and the options in the current form are: virgin, widow or divorced. In 2019, the High Court directed the government to replace "kumari" with "unmarried" within six months of the judgement copy's receipt date, according to a report by this daily. However, that order is yet to be executed. As a result, not only do brides continue to be referred in derogatory terms, but there are instances of husbands and their families taking advantage of the term to file cases of fraudulence and breach of trust against formerly divorced women or widows.
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Women in Bangladesh already face a myriad of obstacles in exercising their rights. When it comes to marriages, divorces and alimony, traditional beliefs and practices often put them at social and financial disadvantages. In such circumstances, when the country's legal system stands by women and the HC issues ruling to rectify traditional wrongs, there is no excuse for the executive branch to not follow through.
So why would the law ministry refuse or hesitate to remove "kumari" from Kabinnama? Is its inaction not in contempt of the court? How can it allow the use of an archaic word in this modern age and put women at a disadvantage? The ministry should come up with a reasonable explanation as to why the HC ruling was ignored for so long. It has a responsibility to play a leading role in removing such legal discrepancies and meeting the needs of a progressive society.
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