A/55/280/Add.2 inheritance, and restitution of conjugal life. These religious personal laws thus regulate specific questions, and are unique to each community, while civil and criminal law applies to everybody, regardless of religious affiliation. Asked by the Special Rapporteur whether such religious personal laws (for example, the discrimination against women in certain areas of Muslim and Hindu Family Laws, see sect. V) were compatible with the constitutional principle of equality and with international human rights instruments, the Ministry for Women and Children and the Chief Justice replied that no difficulty arose in this regard. It appears, on the basis of the consultations held with these authorities, that religious personal laws conform to the constitutional principle of equality, on the grounds that religions do not discriminate on the basis of gender, and that positive-law legislation guarantees the principles of the Constitution, especially equality based on gender. The Secretary for Women and Children said that polygamy was not contrary to human rights, firstly, because of it conformed to Islam, and secondly, because under the positive-law provisions regulating polygamy, husbands were obliged to request permission from the first wife before taking another wife. The Ministry for Foreign Affairs explained that religious personal laws applied in specific areas, such as marriage and divorce, and that it was also possible to appeal to positive law and, in accordance with the Constitution, to appeal to the courts whenever a dispute arose. The Secretary for Women and Children and her colleagues explained that, for example, divorce could, under Muslim Law, occur through repudiation of a wife by the husband, but that in order to protect the woman from all forms of arbitrary divorce, there was a law stipulating that such divorces should be granted by a court (the aim being to ensure that women were able to enjoy certain rights, such as a pension). It was emphasized that religious personal laws may not be infringed. 28. According to Law Professors at the University of Dhaka, the country’s Jurisprudence has made considerable progress, with judges increasingly disposed to give precedence to constitutional provisions regarding non-discrimination (Articles 2729) and to the right to the protection of the law over all incompatible provisions of religious personal laws (Article 31: To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be ... and in particular no 6 action detrimental to the life, liberty, body, reputation or property of any person shall be taken, except in accordance with law). The Professors also noted that precedents had been obtained in the area of childcare (the High Court judgement on child custody in the case of Abdul Jalil and others v. Mrs Sharon Laily Begum (civil) established equal rights for Muslim women in this respect; Bangladesh Legal Decision, BLD. vol. 18, AD 1998:21). However, the consultations revealed that greater progress was needed, both with respect to all communities (including minorities) and with respect to all problematical areas, such as inheritance (see sect. V). 2. Penal code 29. The penal code provides measures specifically related to freedom of religion and its manifestations. Article 295 provides for imprisonment of a maximum of two years, and/or a fine, in the case of any attack on places of worship and sacred objects (for example, by acts of destruction or other damage). Article 295.A provides for the same penalties in the case of any insult — whether actual or intended — directed against religious beliefs or feelings. Article 296 protects religious worship and religious ceremonies against any attack, and punishes such attacks with a prison sentence of a maximum of two years and/or a fine. Article 297 sanctions in particular any act of desecration — for example of a tomb or a place of worship — with penalties identical to those provided for under Article 296. Lastly, Article 298 provides for imprisonment of a maximum of one year, and/or a fine, in the case of any intention to offend against a person’s religious feelings — notably by means of a sound, a word, a gesture or an object. 3. Vested Property Act 30. According to information provided by nongovernmental sources, the Vested Properties Act derives from the Enemy Property (Custody and Registration) Order II of 1965, promulgated in Pakistan following a brief war between India and Pakistan in September 1965. According to the information received, this order was directed against the Hindu minority (perceived as an enemy), and was used as an instrument for appropriating land belonging to Hindus accused of supporting India. 31. After Bangladesh won independence from Pakistan, the President of Bangladesh, in his Order