Protecting Hindu women’s right to inherit property

Recently, the High Court Division ruled that Hindu widows will be entitled to inherit both agricultural and non-agricultural lands belonging to the husbands if they die intestate.

The court further observed that they shall have the right to sell the lands for legal necessities. This decision has been lauded by many quarters for upholding Hindu women's property rights and has gained attention across different sections.

Section 3 of the Hindu Women's Right to Property Act 1937 says when a Hindu governed by the Dayabhag school of Hindu law dies intestate (not having made a will) and when a Hindu governed by any other school of Hindu law or by customary law dies intestate, his widow or widows shall be entitled in respect of the property left, to the same share as a son.

The law merely mentions 'property' and makes no difference between different kinds of property (such as agricultural and non-agricultural). Section 3(3) provides that the widow(s) shall have limited interest in the property.

The recent decision of the HC Division is an apt application of the clear provision of the governing law in this respect.

When asked about the implication of the decision, Dr Shahnaz Huda, a professor of law at University of Dhaka, observed, "This decision has interpreted quite correctly the law in favour of Hindu widows, thus reiterating and clarifying their rights to all types of property of their deceased husband in respect of which they die intestate. However, by and large it has done little to change the status quo -- including giving Hindu daughters greater rights."

"The Hindu Women's Right to Property Act, 1937 does have clear provisions recognising the right of widows to their husbands' property without differentiating between agricultural and non-agricultural property. The practice, however, varied across different areas in Bangladesh," she further noted.  

"From the point of bringing uniformity and clarifying the position [already envisaged in law], this decision must be lauded." 

However, she mentioned, "The Act of 1937 does not give women absolute right to the property inherited. The HC Division, in the same vein, has reiterated the limited nature of their rights by stating that widows can sell the property inherited during their lifetime only upon showing legal necessity. This reinforces the traditional approach and in effect does little to ease Hindu women's plight."

"In order for women to have equal rights, more proactive decisions are necessary. For instance, we look forward to seeing women, including daughters, being recognised as absolute owners of the property they inherit," Prof Shahnaz hoped.

It will not be out of place to note that Section 14 of the Hindu Succession Act 1956 of India recognises women as absolute owners of the property they inherit from their husbands. However, in Bangladesh, no reform has been brought to truly uphold Hindu women's equal rights in private matters, including inheritance.

The Constitution of Bangladesh provides for equality between men and women in all spheres of state and public life. This has been interpreted to give immunity to discriminatory personal laws that govern private spheres. Legal scholars however have also suggested that this provision can be creatively interpreted to imply that equality in public life can only be realised when there is equality in private life. Bangladesh is party to the Convention on Elimination of All Forms of Discrimination against Women, 1979, with certain reservations that further underpin the perpetuation of discrimination in private life, including in the sphere of inheritance.