Hindu Women: HC issues rule over marriage, inheritance rights

The High Court yesterday questioned the government's inaction and failure to ensure Hindu women's right to divorce, marriage registration, maintenance, guardianship, adoption, and equal inheritance.

The court ordered the respondents to explain why their inaction and failure to formulate a guideline or policy or take appropriate steps to address these issues of Hindu women and thereby protect their fundamental rights to life and liberty and repeal the Hindu Marriage Registration Act, 2012 should not be declared illegal and why they should not be directed to take such measures.

The cabinet division, ministries of law, justice, and parliamentary affairs; children and women affairs, religious affairs, parliament secretariat, and the Supreme Court registrar general are respondents to the four-week returnable rule.

The HC bench of Justice Farah Mahbub and Justice Muhammad Mahbub Ul Islam issued the rule following a petition filed seeking necessary orders on the issue.

Rights organisations -- Ain O Salish Kendra; Bangladesh Legal Aid and Services Trust; Naripokkho; Bangladesh Mahila Parishad; and Manusher Jonno Foundation; Supreme Court lawyer Ujjal Paul; Poli Benarjee, a resident from Dhaka's Keraniganj area, Bithisha Bagchi, a resident from Natore Sadar; and AVIJAN, an NGO at Shekhertek in Dhaka, collectively submitted the petition as a public interest litigation to the HC on May 2.

In the petition, they said the Hindu Marriage Women's Right to Separation and Maintenance Act, 1946 was enacted under the British regime and is still in force in Bangladesh. But this act does not allow divorce, maintenance in a proper way, and right or entitlement to marital property during the subsistence of the marriage or after being separated, or after death. Therefore, the act is not comprehensive at all.

Though our constitution guarantees rights for everybody, Hindu women are one of the most vulnerable and deprived groups in the country, they noted in the petition.

Hindu Law of Inheritance in Bangladesh, predominantly Dayabhaga, excludes daughters, wives, and mothers from such rights, which is inconsistent with articles 27, 28, 31, 42, and 19(2) of the constitution and is without lawful authority.

According to the appeal, Bangladesh's customary Hindu Law discriminates between son and daughter, men and women, husband and wife, father and mother in inheriting property, which violates the constitution.

Pulack Ghatack, general secretary of Bangladesh Hindu Law Reform Council, said depriving half of a population to inherit parental property, just because they are women, is inhuman and anti-constitutional. At the same time, allowing men to marry as many as they wish without allowing their former wives to get divorced is inhumane.

"Divorce right is a necessity both for men and women when situations demand it. Women will bear and rear children, but they will not have guardianship recognition for their kids is cruel. Marriage registration is pertinent to insure all other rights under a marital system," he added

Lawyers ZI Khan Panna, Syeda Nasrin, SM Rezaul Karim and Md Shahinuzzaman appeared for the petitioners during hearing yesterday.