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`Hindu Personal Law of Bangladesh: it’s Impact on Equal Rights for Women 1.Introduction: Family Laws can be defined as the legal act, which deal with the relations of women and men in the family, such as marriage, divorce, dowry, child maintenance, guardianship, custody, inheritance, restitution of conjugal life. Family Law usually based on religious or secular values of different communities that regulates the rights and responsibilities of individuals within their families in these communities. In Bangladesh family laws consists of personal laws of the respective religious communities like Hindus, Muslims, Christians, Buddhist or Tribal. Hindu community is the second largest religious community in Bangladesh. According to population census report 2001 national report 9.2% of the population of our country belong to the Hindu Community. Hindu Law is a body of rules, customs, and usages guiding the beliefs and ways of life of the Hindus. Their social and family affairs all are very intensely controlled and influenced by their religious doctrine. As a customary law, Hindu Law deprived women much rather than other religious law. When it comes to safeguarding the patriarchal system using religion, Page 1 of 25

Presentation on hindu law

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`Hindu Personal Law of Bangladesh: it’s Impact on Equal Rights for Women

1. Introduction:

Family Laws can be defined as the legal act, which deal with the relations of women and

men in the family, such as marriage, divorce, dowry, child maintenance, guardianship,

custody, inheritance, restitution of conjugal life. Family Law usually based on religious

or secular values of different communities that regulates the rights and responsibilities of

individuals within their families in these communities. In Bangladesh family laws

consists of personal laws of the respective religious communities like Hindus, Muslims,

Christians, Buddhist or Tribal.

Hindu community is the second largest religious community in Bangladesh. According to

population census report 2001 national report 9.2% of the population of our country

belong to the Hindu Community. Hindu Law is a body of rules, customs, and usages

guiding the beliefs and ways of life of the Hindus. Their social and family affairs all are

very intensely controlled and influenced by their religious doctrine. As a customary law,

Hindu Law deprived women much rather than other religious law. When it comes to

safeguarding the patriarchal system using religion, depriving women becomes the

common going ground for most religion.

There are two schools of thought about Hindu law, namely Dayabhaga and Mitaksara.

The Dayabhaga, a treatise on the inheritance and succession based mainly on the

Yajnavalkya-smrti, is believed to have been written sometime after the eleventh or

thirteenth century by Jimutavahana. On the other hand, the Mitaksara, written by

Vajnanesvara (c 11th century), seems to be an elaborate commentary on the Yajnavalkya-

smrti. In Bangladesh, mostly Dayabhaga School is followed in Hindu Family Law.

On matters relating to inheritance and succession, the Dayabhaga was used extensively

as an authority in Bengal. Dayabhaga's authority was paramount. However, in matters

relating to adoption, the Dattaka-chandrika, attributed to Kubera (c 16th century), was

considered an important authority. The major differences between the two schools are as

regards principles of inheritance and joint family.

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2. Personal laws: sources and nature

Like life, law is static. Law exists to sub serve the social needs. Therefore, it is always

desirable that law should confirm to the changing needs of society and life. Hindu law has

been the most ancestry of the known system of law, around 6000 years old. In this span of 6000

years, it has passed through various phases. At times, it has developed and grown remarkably. In

the Hindu, law, despite the fact that before the advent of modern era, there was not direct law

making machinery, has shown remarkable adaptability.

Sources:

At present day, Hindu law is the result of many ingredients. Practically it would be convenient to

classify the various sources under the following two heads:

1. Ancient Sources: In ancient sources the following four sources could be defined:

i) Sruti / Vedas:

The Sruti literary means “what was hard”. The Sruti stands for Vedas; viz. the Rig, the Yajur, the

Sama, the Atharva. The approximate period of the Vedas is accepted to be 4000-1000 B.C. The

Vedas depicts the way of our life of early and ancestors way of life, thinking, customs, thoughts,

etc. However, they do not deal with rule of law in any systematic manner. Whatever rules of law

exist, these have to deduce from the vast material contained in the four Vedas.

ii) Smrity:

“Smrity” means “what has been remembered”. In theories of Smrity are based on the memory of

the sages who were the repositories of the sacred Revelation. Vedas were to be understood in the

light of the new needs of the society, which had made further progress from agro pastoral society

in the cluster of Smrities. The Sutras consists of the trilogy of sacrifice (Sharauta), ceremonies

relating to domestic fire (Grihya) and Samachandrica, i.e. aphorisms on law and custom dealing

with temporal duties of men in their various relations.

iii) Digests and Commentaries:

This period covered about 1000 year from A.D. 700 to A.D 1700. The Privy Council said “the

commentaries, professing to interpret the law as laid down in the Smrities, introduced changes in

order to bring it into harmony with the usages followed by the people governed by the law; and

that it is the opinion of the commentaries which prevails in the provinces where their authority is

recognized …In the event of a conflict between the ancient text writers and the commentators, the

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opinion of the latter must be accepted.” The Manusmrity and the Yajnavalkyasmrity have found

the greatest number of commentaries.

iv) Customs:

Custom is one of the main sources of ancient period. Hindu custom is always recognized by the

locality, by the schools/clusters or by the family as well as the courts. It is a legal development of

Hindu Law. A custom is rule, which is in a particular family or in a particular district, from long

usage obtained the force of law. It must be ancient, certain, reasonable and being a derogation of

the general rule of law, must be construed strictly. Custom cannot be extended by analogy. It

must be established inductively and not be a priori methods. There are man case law proved that

the custom has legal value. Such as, in the case of Seligram vs. Munshi Ram (v1) the Indian

Supreme Court was considering a case of custom under section 5 of the Panjab Laws Act. The

Kurni Mahtons of Chota Nagpur, though aboriginals in the origin, have accepted the Hindu

religion and Hindu Social usages. However, no custom is valid if it is opposed to morality or

public policy or to any express enactment of the Legislature.

2. Modern Sources: In modern sources, the following three sources could be underlined:

i) Equity, justice and good consideration:

The ancient Hindu Law has its own version of the doctrine of equity, justice, and good

consideration. According to Goutama, “In cases for which no rule is given, that course must be

followed of which at least ten persons who are well instructed, skilled in reasoning, and free from

covetousness approve.” Yajnavltkya said that when on a matter there were conflicting rules of

law, the matter should be decided based on Nyaya, (natural equity and justice). In modern

version, the equity, justice and good conscience as source of law owes its origin to the beginning

of the British administration of justice of India. Justice, equity, and good conscience have been

generally interpreted to mean rules of English law on the analogous matter as modified to suit the

Indian conditions and circumstances. However, we find that there is an area of Hindu law where

rules of Hindu law and English law have been blended together or where the rules of English Law

have been grafted on rules of Hindu Law.

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ii) Precedent:

The British ruled the sub-continent over the decades. The difficulties of English Judges

administering Hindu law were great and many. They do not know the languages of the

Dharmashasras and could not comprehend the spirit of Hindu Law. From that time, the doctrine

of stare decisis and precedent (case law) are essentially a gift of the British administration of

justice in India. Precedent is called to be sources of Hindu law in two senses. First, practically all

the important principals and rules of Hindu law have now been embodied in case law and

secondly, precedent is a source of law in the sense that by the process of judicial interpretation,

doctrines, principals and rules of law stand modified or altogether new principals, doctrines and

rules have been introduced in the body of Hindu law. During the British rule, though legislative

machinery existed, for several seasons. President uses to modify Hindu Law sparingly.

iii) Legislation

Legislation is the modern source of Hindu law. The English Judges first administered the Hindu

law with the assistance of Hindu Pandits. The institution of Pandits, as official references of the

Court was abolished in the year 1868. The Government during British rule was slow and cautious

to change Hindu law by legislative intervention. However, the legislature modifications until

August 15, 1947, are insignificant. Some of the statutes, which have effected modification in

Hindu law, either by reforming Hindu law or by superseding rules of Hindus, may be noted here.

The earliest statute was passed in 1850, the Caste Disabilities Removal Act. It was followed by

Hindu Widows Remarriage Act – 1856, Hindu Wills Act – 1870, Hindu Transfer of Bequest Act

– 1914, Child Marriage Restraint Act – 1929, Hindu Gains of Learning Act – 1930, Hindu

Inheritance (Removal of Disabilities) Act – 1928, Hindu law of Inheritance (Amendment) Act –

1929, Hindu Women’s Right to Property Act – 1937, Arya Marriage Validation Act – 1937,

Hindu Women’s Rights to Separate Maintenance and Residence Act – 1946, Hindu Marriage

(Removal of Disablities) Act – 1946, Hindu Marriage Validity Act – 1949. Thus Hindu law was

reformed and modified to some extent.

3. Common scenarios of discriminations:

Discrimination means any distinction, exclusion or any restriction made on the basis of

sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment

or exercise by women, irrespective of their marital status, on the basis of equality of men

and women. In our socio economical structure, we find that there are much

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discrimination between man and woman in the Hindu Law of Bangladesh. Some points

are discussed in bellow:

3.1 Marriage:

The institution of marriage is regarded as extremely important. In Hindu Law, marriage is

a Holy union for the performance of religious duties. It is not a contact. It is sacrament

and certain ceremonies are essential to the legality of the marriage. From the ancient

period, two schools of thought about Hindu law, Dayabhaga and Mitaksara, according to

these two schools, marriage was eight kinds. They were Brahma, Daiva, Arsha,

Prajapatya, Asura, Rakshasa, Gandharva, Paisacha, of which the first four were approved

and the last four unapproved. There are two essentials for a valid marriage under Hindu

law in Bangladesh:

Invocation before the sacred fire and

Seven steps before the sacred fire by the bride and bridegroom

All Bangladeshi Hindus are complying with According to Dayabhaga law there is hardly

any restriction on marriage of a Hindu male. However, there are many distinctions

between male and female in Dayabhaga Law in Bangladesh. Divorce is not in law except

on a very limited ground of chastity of wife. Wife and children are however entitled to

get maintenance from husband if left uncared. A widow is also entitled to get

maintenance from father-in-law's estate if her husband has not left enough for her

maintenance. A Hindu widow can at will remarry. The law of remarriage was enacted in

1856 mostly at the pursuance of Iswar Chandra Vidyasagar.

Impact on equal rights:

Women are subordinate to men

Women are bound to follow the all restrictions of Hindu religion

Case Study:1

Sadhan Shikder and Latika Halder, both have completed tertiary education from reputed

university. They have no children during their 10 years married life. Gynecologist does

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not find any difficulties of Latika Halder for her pregnancy. However, her parents of law

do not understand her condition. They, including Sadhan, started mentally torture to

Latika in many ways. They insist Sadhan to remarry for their succession. Sadhan also

agrees to marry again.

3.2 Registration of marriage

According to Hindu social customs, Hindu marriages are solemnized through religious

rituals. There is no marriage registration system for Hindus in Bangladesh, except

Bangladesh Special Marriage Act – 1872. There is also no Hindu marriage law or Hindu

marriage registrar in the country except the said act. Therefore, if any Hindu woman

suffers in the hands of her in-laws, she does not get legal help.

No provisions at all for the registration of Hindu marriages

It causes difficulty to women who seek to validate their rights. (the Indian)

Worth mention that in Bangladesh, if any bride and bridegroom are different religions

attempt to marriage without changing their religion, this marriage will be held on the

Special Marriage Act – 1872. The Special Marriage Act – 1972 (Amended in 1923)

recognized the multi caste/different religion marriage of Hindu, Buddhist, Shikh or Jain.

Court Marriage in Bangladesh.

Impact of Equal Rights:

Women can not produce any evidence

Case Study: 2

Supta Roy (23) married Pankaj Shaha while they were students of Dhaka University

without the consent of their parents. After some months of their conjugal life in a rental

house at shivbari near Dhaka University Pankaj left Supta forever and remarry according

to his father’s choice. Supta tried to prove her as a first wife. However, she failed to

prove their marriage. Supta does no get any justice.

3.3 Dissolution of marriage

The concept of divorce is not recognized under the orthodox Hindu Law in Bangladesh.

Manu believed that the duty of a wife continues even after death. She can never have a

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second husband. The reason is that a marriage from the Hindu point of view creates an

indissoluble tie between husband and wife. Unless divorce is allowed by, the custom

neither party to a marriage can divorce the other party. However, through the passing of

Hindu Marriage Act 1955 in India some revolutionary changes have been introduced

regarding marriage and divorce. It is a permanent and indissoluble union (Shasric Hindu

law does not allow dissolution of the marital tie). Practically, there are increasing rate of

desertions. Deserted women live in double trouble.

Impact of equal rights:

Women can not dissolve marriage

Women do not get any compensation

Case Study: 3

Kakoli’s father vowed to Sajal to give dowry 3 lac taka at the time of marriage. However,

after some years later Kakoli’s father can not paid it. Therefore, Kakoli was torturing

daily physically and mentally. She has two children. As a result, she cannot dissolve her

marriage.

3.4 Widow re-marriage

In 1856, we get a law on widow remarriage for that Iswar Chandra Vidyasagar started a

movement in favor of widow re-marriage.

Legally sanctioned but socially no well accepted

Most of the families send their young widows to India for re-marriage. As

a result minority migration of India and other country keep continuing.

Widow’s girl child and disable child (Both male female) are deprived her

fathers property.

Especially widows of Bangladesh are most vulnerable in condition. They have no family

as well as social recognition of property, guardianship or any other legal facility.

Impact on equal rights:

Widows treated as a neglected person of the society

Widows remarriage do not accept in Bangladesh

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Case Study: 4

Malati Rani, 25 years old woman, married Ranjeet Saha. After two years of their

marriage Ranjeet suddenly died by accident. They have no child. Malati Rani called

“Apoya’ means mishap” by her parents in law and their society. As a result, she backs her

parents’ house from her matrimonial house. Her parents also feel irritate to get back her.

Everywhere she insulted and neglected. After one and half year, her father arranged

another marriage with an old man who had another three wives and six children.

However, after remarriage Malati treated as a “Dojobor” as well as “Rakkhusi Magi –

Borer Matha Khagi”. Society does not accept her as a normal woman.

3.5 Adoption:

The two renowned works on adoption, viz the Dattaka-mimamsa of Nanda Pandit and

Dattaka-chandrika, attributed to Kuvera, were accepted all over India. Nevertheless, in

case of difference between the two, the latter was followed in Bengal.

The main points, according to the Dattaka-chandrika, are as follows. There are two

motives in adopting a son; viz. (i) to perform obsequies rites is honour of the adoptive

father and his ancestors, (ii) to be the successor of the adoptive father. Any sonless man

may adopt a son; 'sonless' implies the absence of son, grandson, and great-grandson.

Except for a Sudra, one cannot adopt a daughter's son or a sister's son. A person's single

son cannot be given in adoption. A woman cannot give away a son without the

permission of her living husband. If the husband is dead, she can do so in the absence of

prohibition by the husband. An adopted son is placed on equal footing with a natural son.

Adoption is recognized under Hindu law. The aim of Adoption under Hindu law is two

fold.

To secure spiritual benefit to the ancestors and to the adopter by having a

son for the purpose of offering funeral cakes and libations of water to the

means of the adopter and his ancestors.

To secure an heir and perpetuate the adopters name.

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In Bangladesh, the Shatric unmodified law relating to adoption continues exist. Under

this law have some condition:

Only a male can be adopted.

To the same caste as his adoptive parents.

Mother is not within the prohibited degrees to his adoptive father could not have

married.

Only a man can adopt unilaterally.

A wife or a widow in most places may adopt only with the husbands express

consent.

Impact on equal rights:

Women can not adopt any children

Case Study:5

Swarashwati is a Hindu woman working in an NGO long time. When she was 23 her

father arranged he marriage with her bride Niru who she loved many years. Nitu is only

one son of his parents. Niru and Swarashwati both are good to each other’s feelings. One

day Swarashati brings an infant baby (girl child) from an orphanage without Niru’s

permission. The mother of Niru became angry and stared to address her as “Kulata”.

Swarashati expects Niru will support her, but Niru was silent and a misunderstanding

grows in between them early. Swarashati called her parents, but they also did not support

her. As a result Swarashati went back to the orphanage and get back the baby there.

Later, Swarashati and Niru start staying separately. Within a year, Niru got married with

other lady and started to stay with her. After two years, Niru becomes father of a girl

child and his parents start psychological torture on Niru’s second wife. One day Niru and

his second wife come out from their ancestral house.

3.6 Property rights:

The main points of difference between Dayabhaga and Mitaksara are: (i) Dayabhaga does

not recognize birthright to property, Mitaksara does so; (ii) Drayabhaga holds, right to

inherit and order of succession are determined by principle of spiritual benefit; in

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Mitaksara blood relationship is the determinant. Spiritual benefit consists in performing

obsequies rites and offering pindas (rice-balls). Plainly stated, the right of a person to a

deceased person's property is determined by his capability of offering pinda for the

benefit of the latter; (iii) In Dayabhaga, members of a joint family hold shares in quasi-

severalty; they can dispose of them even before partition; (iv) In Dayabhaga, even in an

undivided family, the window takes the share of her husband dying childless; in

Mitaksara, she cannot do so.

In case of inheritance from father, according to Dayabhaga law, sons exclude others

except in case of non-agricultural property. In case of non-agricultural property, a wife

gets a share equal to that of a son. Sons or son of a predeceased son inherit from their

grandfather the share, which their father would have inherited if, had been alive at the

time of their grandfather's death. If neither sons nor wife, nor sons of a predeceased son

are alive, the daughter or daughters inherit with the priority to the maiden daughters.

Barren widowed daughter or daughters having no son or probability to have no son are

excluded from inheritance to their father. Loss of chastity is also a ground, which can

exclude a wife or daughter from inheritance. Only five classes of women inherit

according to Dayabhaga School of Hindu law. They are according to preference: wife,

daughter, mother, father's mother, father's father's mother. Nevertheless, these women

inherit only in life interest that is they are owners with limited rights and on their death;

the property would pass to the nearest male heir of the deceased male owner and not to

the heirs of the female heirs. The woman or women inheriting in life interest can sell the

property only for limited legal necessity.

Stridhana Property acquired by women or received as gifts are own property of women

and are called stridhana property. They can sell or give away this property as per their

desire. Woman divides Stridhana into four classes according to the origin of acquisition.

Succession to Stridhana is also different giving the daughters a better right of inheritance.

The order of succession to trichina, depending on its different kinds, is as follows:

(i) Sulka (bride's price): full brother, mother, father, husband;

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(ii) Yautuka (gifts made at the time of marriage): un-betrothed daughters,

betrothed daughters, married daughters having or are likely to have

sons, barren married daughters and childless widowed daughters

sharing equally; sons, daughter's sons, son's sons, sons' sons' sons,

step-sons, step-sons' sons, step-sons' sons' sons. In the absence of any

of the above, the yautuka of a woman would devolve in the order: her

husband, brothers, mother, father;

(iii) Anvadheya (gifts or bequests made by the father subsequent to

marriage): order of succession is the same as in Yautuka with the

difference that (a) sons are preferable to married daughters;

(iv) In case of a woman, dying childless, the order of succession is brother,

mother, father, husband;

(v) Ayautuka (gifts or bequests from relations made before or after

marriage; gifts and bequests from father before marriage): Sons and

maiden daughters sharing equally; married daughters having or are

likely to have sons; son's sons; daughter's sons; barren married

daughters and childless widowed daughters. In the absence of all the

above, Ayautuka devolves in the following order: brother, mother,

father, husband, husband's younger brother, husband's brother's son,

sister's son, husband's sister's son, brother's son, daughter's husband,

husband's sapindas, sakulyas and samanodakas, father's kinsmen.

Persons deprived of inheritance The following are some of those who are not entitled to

share in properties: impotent, born blind, born deaf, lunatic, idiot, dumb, having

deformed limbs, apostate, son of an apostate, incurably diseased, leper, renouncer of

worldly life, renegade. A Hindu converted to other religion cannot inherit if the

succession opens after conversion. If a Hindu widow remarry she has to give up the

property or right she had received from the previous husband.

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Disowning or to disinherit an heir is permitted in Hindu law. Religious endowments are

common in Hindu law and person appointed for its management is called shahayet. In the

absence of the heirs the property of the deceased male will vest in his preceptor, pupil

and fellow-student in this order.

No one can trace the exact time or year of the birth of Hindu law. However, it is believed

that Hindu law was not created or promulgated in a day like other laws. It was probably

grown through a process of evolution and custom until the writers made it a law. [Sures

Chandra Banerji and Tapan Kumar Chakraborty]

In Bangladesh the kinds of property that a Hindu women may possess continues to be

divided in to:

i) Stridhan and

ii) Property inherited by her and to which she has limited rights. The daughter is fifth in

line to her father’s property. However, Hindu law is permitted for five kinds of women

for giving property rights.

Widow

Mother

Daughter

All of the women are used her property in lifetime but unlimited right.

Effect of equal rights

Women are deprive form succession

Case Study:6

A Hindu widow woman, Government officer, has only one minor daughter. Her parents

in law died and she has two sisters in law and one brother in law. Her brother in law has

two children, one is son, and another one is daughter. He sent his son and daughter to

Kolkata for their better future. The widow woman claims property for her daughter’s

education. However, the family members of matrimonial house do not response her.

3.7 Maintenance:

The term maintenance has been used in a wide sense. Hindu Adoption and Maintenance

Act – 1956 defines maintenance as provision for food, clothing, residence, education and

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medical attendance and treatment. In the case of an unmarried daughter, it includes

reasonable expenses of her marriage. Hindu law recognized that a wife, children and aged

parents and that the one who takes another’s property, has an obligation to maintain the

latter is dependents. Maintenance may be studied under the following three heads:

i) Personal obligation to maintain certain relations

ii) Obligation of a person to maintain the dependents of another whose property

has devolved on him and

iii) Obligation of the joint family to maintain its members

The rights to claim maintenance of persons under the heads (ii) and (iii) is co-extensive

with the property. It is not personal obligation. The rights maintenance under head (i) and

(ii) has now been codified by the Hindu Adoptions and Maintenance Act – 1956.

However, according to Hindu law, the husband has the duty to maintain his wife and

minor children. A father is bound to maintain his daughter until marriage. The

responsibility to maintain his wife is a personal obligation arising out of the fact that she

is his wife and independent of the possession of any property by him.

3.8. Social Attitude:

Hindu women are treated as movable property of a family, which is handed over through

marriage. Unmarried, widow and separated women are socially neglected. They are

valueless person of the family. They are treated as outsider of her family. Unmarried,

Widows and Separated women depend upon her families all the time. Widows are not

well accepted in any religious occasion of society. Family status of Married women

depends on dowry. Widow marriage is not well accepted. Female of Lower cast

neglected everywhere. Women are responsible for female and disable baby produce.

Hindu women are ignorance about Hindu law and universal law.

4. Comparative analysis:

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Right to marriage registration: Bangladesh Muslim Law accepts marriage registration,

nonetheless Bangladeshi Hindu marriage is sacrament, and it is a custom solemnized

through religious rituals.

Right to Divorce: In Bangladesh Hindu women has no right to divorce at all. If any

woman wants to stay separately, she can file a suit for maintenance. On the other hand, in

Muslim Law of Bangladesh permit the power of right to divorce of women and claim

compensation from the other party.

Right to Property: According to Bangladesh Hindu Law, women get a limited share.

They inherit life interest in the property. There are five female Sapindas according to the

Dayabagha law, namely the widow, the daughter, the mother, the father’s mother, and the

mother of father’s father. No other female relation is recognized as heir by the said

school. Moreover, a daughter cannot receive any property; even she cannot get life

interest in the presence of son, grandson, and great grandson. Although in neighboring

India, laws in this regard have been updated since independence in 1947, in Bangladesh

the pre-1947 laws are still prevailing. In India, laws have been framed and amended, that

have established women’s rights on the property of father and husband.

A wife’s right to her husband’s property is elaborately mentioned in Article 8 of Indian

Succession Act. It is stated that if a Hindu man fails to distribute his property through a

deed or testament, the inheritance will be determined based on Article 8 of the Hindu

Inheritance Law and according to the list described in that law. In this way, a Hindu

widow can demand the property of her husband under this law. Article 25 of Hindu

Marriage Law states that a Hindu divorcee woman will receive subsistence allowance

from her former husband. It is also stated that if the divorcee woman does not marry

again, does not engage herself in adultery, and does not earn enough, she is entitled to

receive subsistence allowance for the rest of her life from her former husband. Woman’s

limited estate has been abolished and whatever property has been or shall be inherited by

a Hindu female will be or shall be her absolute property.

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On the other hand, in Muslim Law of Bangladesh women get one fourth from father’s

property as well as one sixth from matrimonial property.

5. Concluding remarks

In conclusion, we can say that the demand of age to demand the personal family law.

Bangladesh Hindu law is most ancient law of all personal laws. Therefore, to modernize

the Hindu law, Government should select an expert group for making a committee for

changing, addition, or amendment of necessary parts of this law. The lives of women in

Bangladesh, both Muslim and Hindu continue to be symbolized by unequal treatment and

unequal laws. Only ‘The Child marriage Restraint Act, 1929, The Dowry Prohibition Act

1980, The Family Courts Ordinance 1985, laws apply to all communities. As whole

world has taken initiatives to protect women rights, it is the perfect time to take step for

ensuring the Bangladeshi Hindu women’s right.

We can recommend the following suggestions for establishing equal opportunity to

Hindu women in Bangladesh:

i) Ensure right to marriage registration, divorce/separation and property right of

women

ii) Provide right to restitution of conjugal rights of women

iii) Enact some clause with property right to stop conversion to other religion

iv) Raise massive awareness against discrimination

v) Demolish different caste and creed systems from Hindu religion

vi) Polygamy should be prohibited through law.

vii) Marriage registration should be made compulsory along with the traditional

ritual of marriage ceremony.

viii) Right to divorce of both man and woman should be ensured under equal

condition.

ix) Maintenance should be given to the wife and children as per Guardianship and

Ward Act,1898. Guardianship right should be entitled to both the parents.

x) Adoption right should also be given to women.

xi) Women should get equal share from the property of both father and husband.

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Prepared by:

Jhuma Halder

Lawyer

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