Hindu inheritance law: HC questions ‘discriminatory’ rules

The High Court yesterday questioned the rules of a customary law that deprives Hindu females or daughters of inheriting their deceased father's properties.

The court issued a rule asking the government to explain why the relevant rules of the Usage of Dayabhaga School of Thought of Hindu Religion should not be declared unconstitutional.

In the rule, the court asked the authorities concerned with the government to show causes why they should not be directed to measures to remove inequality and discrimination between the Hindu male and female to inherit properties.

The HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman issued the rule following a writ petition filed by one Anannya Das Gupta challenging the constitutionality of customary law -- the Usage of Dayabhaga School of Thought of Hindu Religion -- that has deprived her of her father's properties.

Secretaries at the ministries of law; cabinet division and religious affairs; Hindu religious welfare trust, third joint district judge's court of Dhaka, Anirban Das Gupta, brother of petitioner Anannya Das Gupta and her mother Rakhi Das Gupta have been made respondents to the rule, Deputy Attorney General Bepul Bagmar told The Daily Star.

Writ petitioner's lawyer Khairul Alam Chowdhury told The Daily Star that his client Anannya Das Gupta has been deprived of her father's shares by her brother Anirban Das Gupta due to the rules of Usage of Dayabhaga School of Thought of Hindu Religion.

The rules of Usage of the Dayabhaga School of Thought of Hindu Religion have been followed in distributing properties of the Hindu community for hundreds of years in Bangladesh and parts of India including West Bengal.

The provisions of this customary law are contradictory to articles 27, 28, 31 and 42 of the constitution of Bangladesh, he said.

The HC may appoint amice curiae (friends of the court) on Sunday for placing expert opinions on the issue, Chowdhury said.