"I rarely have any spare time to spend with colleagues and friends. I'm always worried about my seven-year-old boy thinking what he is doing back home," she said.

Sultana, once a witty girl, now remains gloomy and depressed. She has gradually withdrawn herself from everything.

Her neighbours and colleagues wonder what has happened to her.

Sultana was married off to Mozammel Haque, 34, an official of a private firm, after passing her HSC examination. Her family members did not bother to find out Mozammel's education and family backgrounds before arranging the marriage.

After the marriage, Sultana came to know that her husband was an addict. At one point she became frustrated and left her husband with her baby boy and ultimately got separated. She worked hard to bring up the boy and complete her Masters degree. Then she managed a job in a private firm.

When she had been a bit settled with the job her ex-husband asked his son back saying that he is the boy's legal guardian.

In 1890, during British rule, a law was enacted barring women from enjoying equal rights to the custody and property of their own children. Over the years, there have been extensive changes in the Guardianship and Custodian Act in Britain itself and now a British child is identified as per his or her mother's name.

Unfortunately, there has been no amendment to the law in Bangladesh since its enactment 117 years ago.

Custody is the right to look after an individual and his property, mostly a child.

According to section 6 of the Guardianship and Custodian Act, if there is a question regarding the custody of a minor it has to be considered as per one's family law. There are three types of custody in the Muslim family law -- custody of children, custody of children's property and custody of children's marriage.

In Muslim family law, the father is the natural legal guardian of children. The mother cannot be the guardian. But, a mother can keep her sons until they reach seven while she can have her daughters till their puberty, which is called 'hijana' (only responsibility). If the mother gets remarried, she will be deprived of the priority of her right, hijana.

As per this law, though the mother is not the real guardian, she can apply for the custody of the children if she feels that the real guardian cannot perform the responsibility. In that case it will be 'hijana'. She will have no right to their property whatsoever.

In case of the custody of children's property, the Muslim family law in Bangladesh recognises three types of custody--legal guardian, guardian determined by court and virtual guardian.

In case of a minor's property, people recognised as guardians are father, an Executor nominated by him through a will, grandfather and an executor nominated by him through a will.

A virtual guardian is that person who willingly takes the physical responsibility of the children and their property with no right to buy or sell the property both moveable and immovable ones. The mother, paternal uncle, brother and father in-law can be the virtual guardians.

The Guardianship and Custodian Act, enacted by the British rulers, has been applied for 115 years without any amendment. It is applied in determining custody, supervision and dependency of children of all religions.

But the Bangladesh constitution in its articles 26,27, 28 and 29, especially article 27, clearly says all the citizens are equal in the eyes of law and everyone is entitled to equal rights.

Section 5 of the convention of the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, states that the issue of recognition of identical responsibilities of both men and women in raising children and their development will have to be included in the family education properly considering motherhood as a social work keeping in mind 'the interests of children and the main things.'

Salma Jabin, an official of Ain O Salish Kendra, said, "Among all the laws that are discriminatory to women, the custody Act is the worst. How come a mother who carries the child in her womb for 10 months and bring him up, is not the guardian of the child."

Jabin says, "Today's women are miles ahead as the law was enacted in 1890. Nowadays, a woman can take her decisions."

Dr Taslima Mansur, chairman, Law Faculty, Dhaka University, said, "There has been no amendment to the law yet simply because of chauvinist attitude. When a father enjoys all the rights, a mother is allowed to rear the children. Amendments to the law have been essential."

Advocate Maksuda Akhter of Bangladesh Mahila Parishad said women hardly have any right to guardianship of their kids in Bangladesh. 'There is no harm in ensuring this right, this not a big deal."

Mosharraf Hossain, director, Bangladesh Chiddren's Rights Forum, said, "The provision of equal right for the women relating to children's custody should be in the law so that a mother can be the guardian of children's physique and property in the absence of their father."

Advocate Elina Khan, executive director, Human Rights Implementation Organisation, said, the country's policymakers will have to come forward to change the law, or else, the women will continue to suffer.

Iffat Jerin, NewsNetwork.