HINDU women in Bangladesh still live in a kind of invisible prison, the walls of which are made of centuries-old religious family law. Their limited rights in matters related to marriage, divorce and inheritance are not only in conflict with the constitution but also with human rights.
There has been no legal reform in Hindu family law in the last 50 years. Marriage and inheritance are still determined based on the interpretation of religious scriptures. Although there is talk of establishing equality between men and women, in reality Hindu women are deprived of basic rights, especially in the area of 鈥嬧�媎ivorce and equal rights to property.
No divorce, but separation
Hindu marriage is considered a 鈥榬elationship of soul with soul鈥�.听 As a result, divorce is considered completely reprehensible and irreligious. But the question is, has this theory been able to solve the real problem? The reality is that many Hindu women are forced to break up their families due to various forms of abuse, drug-addicted husbands, or incompatibility and other real-life concerns. They are choosing a separate life without seeking legal protection. As a result, the relationship does break up, but the lack of legal recognition creates social and legal harassment.
Discrimination on the issue of property too
Hindu women still do not get full rights to their father鈥檚 property. In the name of inheritance, a complex and male-dominated structure persists, where women鈥檚 financial independence is an unrealistic dream. If a woman does not marry, or the family does not survive, there is no legal guarantee of her building her own economic foundation. As a result, many are forced to choose religious conversion or a life of social oppression.
How acceptable is the argument against law reform?
Many say that if property rights are given, Hindu women will convert.听 Some say that if women are given the opportunity to divorce, they will leave their husbands. But the question is, are such decisions determined only by law? Are men and women arbitrarily divorcing or changing their religion because they have the right to divorce and property in Muslim society? The reality is otherwise.
Rather, the right to divorce and property ensures legal protection, and it helps reduce violence, torture, and women鈥檚 economic dependency on the family. Rather, many Hindu women are forced to spend their days in a state of insecurity and helplessness due to the lack of law.
India and Pakistan have changed; why is Bangladesh lagging behind?
In India, the Hindu Code Bill of 1955-56 provided women with equal rights to divorce and property. In Pakistan and Bangladesh, the Muslim Family Law was amended in 1961 to bring reforms related to divorce and inheritance. However, in Bangladesh, Hindu family law has remained almost unchanged to this day.
Sometimes, interference in the religious laws of minority communities is considered a sensitive issue. But the argument for blocking the fundamental rights of a citizen in the name of religion is in no way acceptable.
听It鈥檚 time for change.
Law is not a religious sentiment; it is a reflection of human reality and social justice. If the law does not change with the changing times, society will lag behind, and it will become extremely discriminatory on the issue of women鈥檚 rights.
Bangladesh should quickly reform the Hindu family law: create legal opportunities for divorce; ensure full rights to property for women. This is not just a question of human rights; it is a prerequisite for building an egalitarian, dignified and just society. Those who still turn their backs should understand silence means accepting this injustice. Change is the demand of the hour, a moral responsibility and the path to justice.
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Joyita Debnath is a student of law at Bangladesh University of Professionals.
