follows the Hindu personal family laws, Hindu laws have a major impact on the lives of a substantial portion of the population of Bangladesh.
The Shastric Hindu Laws as applies in our country
is discriminatory towards women and no major step has been taken to reform these laws.
Summary of the Presentation
Womens Right to property
Womens right in marriage Womens right to adoption
Right to property
Hindu law as applies in Bangladesh excludes a large number
of women from inheritance.
Hinduism makes this in the interest of joint Hindu family
system or in order to prevent the breakdown of the joint Hindu family system.
According to Hindu law as followed in Bangladesh daughters
are completely excluded from inheritance in presence of sons
Additionally traditional Hindu
ownership of female heirs.
law
refuses
absolute
Inheritance contd.
In Bangladesh Dayabhaga school of Hindu law
prevails in which rules of inheritance are guided by the doctrine of spiritual benefit.
The doctrine implies the right of male heirs to
offer oblations to purify for conferring spiritual benefit to his father and ancestors.
On the basis of this guiding principle there exists
a chronological list of heirs which also shows their (heirs) priority in terms of succeeding an estate.
Inheritance contd.
Females succeeding as heirs whether to a
male or a female takes a limited estate inherited by them.
They can only use and enjoy the income of
the property, but cant alienate such property generally.
Male succeeding as heirs whether to a male
or female takes absolutely.
Inheritance contd.
Moreover, The female can neither be a full
owner nor can she be a fresh stock of descent.
That means after the death of the female
heir, the property goes back to the original owner from whom she inherited.
The succession then will take place among
the next kin of the original last full owner.
Inheritance contd.
In default of widow, daughter succeeds as an heir.
Daughter cant succeed unless all widows are dead.
The daughters right is based on the fact that
although she cannot offer oblation, her son can do.
So a daughter who has no son or likely to have no
son, she is excluded.
Under the Dayabhaga School, the
daughter is first entitled to succeed.
unmarried
Inheritance contd.
If there are no maiden daughter, then the daughter
who has and the daughter who likely to have son succeed together.
In no circumstances, can the daughters who are
either barren or widow without male issue, or mother of a daughter can inherit property.
However a barren married daughter can stop
inheritance of his fathers property to reversionary by creating son by adoption with the consent of her husband.
Womens right in marriage
Hindu marriage is perceived to be everlasting,
continuing even after the death of the parties
The primary and sacramental object of it is to give
birth to a male issue, thus leading to discrimination from the very beginning against the girl child.
A son is necessary to continue the family lineage
and participate in the Shraddha or funeral ceremony in order to confer spiritual benefit on the father and other ancestors.
right in marriage (contd.)
As Hindu marriage is considered an eternal, unbreakable
and indissoluble union, dissolution of marriage is not legally permissible in Bangladesh whatever may be the cause.
Even though unlimited polygamy is allowed polyandry is
prohibited under Hindu law.
A Hindu woman, as a mother, is also discriminated during
her daughters marriage since mother is very low on the list of approved guardians for marriage
and for a valid marriage a proper guardian must give in
marriage
right in marriage (contd.)
Enactment of laws to protect Hindu womens rights in Bangladesh is
being thwarted by conservatives.
Although Articles 19(1) and 19(2) and 28 of the Constitution provide
clear provisions that the state will ensure equal rights to all citizens and remove social and economic disparities
no government came up with steps to reform Hindu laws for
protecting Hindu women's rights.
There was no provision for marriage registration in traditional Hindu
law but recently a new law titled the Hindu Marriage Registration Act, 2012 has been enacted. However the Act has been passed keeping the provision of registration optional.
Womens right to adoption
The aim of adoption under the Shastric Hindu law
that applies in Bangladesh is two-fold.
The first is religious, that is, to obtain a son able to take
part in the funeral ceremonies of the father the second is secular, that is, to carry on the family name.
Under the Shastric Hindu law as applied in
Bangladesh, only a male can be adopted.
A Hindu male, single or married, enjoys
unrestricted rights in case of adoption,.
Adoption contd.
On the other hand, a Hindu woman can't adopt by
herself but only with the consent of her husband. A wife cant adopt without the consent of her husband if he is alive and able to give such consent. A widow under the Dayabagha School may adopt if her husband gives implied or express consent before his death. She has no right herself, she is deemed to act merely as an agent, or representative of her husband. A wife can but no other female can adopt.