OPINION: Ensure Hindu women’s rights to equality
Israt Jahan Sadia :
In Bangladesh, the ancient and shastric Hindu law is applicable. No development or amendment took place even after the independence of Bangladesh. Though many new disputes have arisen, we judged the situation with the same ancient rules.
As Hinduism is the second largest religion in Bangladesh, so it is a long demand of Hindu people, especially women, for enacting a new law or amending the law. The reason is Hindu women are discriminated in various sectors like marriage, divorce, maintenance, inheritance, adoption, guardianship etc. As per Article 19, 27 and 28 of the Constitution of Bangladesh, women shall have equal rights with men in all spheres of life; the state shall endeavour to ensure equality of opportunity to all citizens. As well as, all citizens are equal before law. On the other hand, India has modified their law and given women the scope of equality.
Divorce: In ancient Hindu law, there is no option of dissolution of marriage as it is considered to be a sacred indissoluble union. A Hindu woman has to tolerate all the situations, however critical that may be. There are some conditions where a Hindu woman can claim separate residence under Hindu Women’s Right to Separate Residence and Maintenance Act 1946. But is it the right example of personal liability according to Article 32 of the Constitution of Bangladesh?
Marriage: Where there is no mandatory marriage registration act in Bangladesh, then automatically it is giving a chance of polygamy. On this ground, women become helpless and they cannot prove the existence of marriage (Amulya Chandra vs. The State 35 DLR 1983 160). In Bangladeshi Hindu law, it allows polygamy whereas polyandry is prohibited.
Widow’s maintenance and re-marriage: In the case of Hindu widow, if her deceased husband left no property of his own, then her father-in-law has a moral obligation to maintain her. Here she has no legal right to enforce. Again, where a widow re-marriage under the Hindu Widow’s Remarriage Act 1856, it forfeits her rights on her deceased husband’s properties even if the marriage is allowed by the custom of her caste ( Soudamini vs. Narendra Chandra. 4 1952 DLR 492).
Adoption: In Bangladesh, under Hindu law, no unmarried woman can adopt a child. Even a wife cannot adopt without her husband’s consent. While in India, a husband has to take consent of his wife at the time of adoption. Also in Bangladesh, under shastric Hindu law, daughters cannot be adopted, which indicates a discriminatory position of women.
Guardianship: As per shastric law, a father is the natural guardian of his minor children. Mother comes next. In Bangladesh, fathers have the power to drop off the mother as a guardian by making a will; which is showing the plight of Hindu women in Bangladesh.
Also there are some arguments against equality but to protect women’s rights and secure neutralism, there should be an amendment or reformation of the Hindu law in Bangladesh.
(The writer is a student, Department of Law, East West University).
