Name: Bangladesh Hindu Buddhist Christian Unity Council UK
Created On: 14/10/2015 16:26:02
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Discrimination of Hindu Women in Bangladesh within the Legal
Framework
United Nations General ASsembly
Human Rights Council
Forum on Minority _Issues
Forth Session Geneva, 29-30 November 2011
Dr. Chitta Ranjan .Das
This article presents a brief discussion on particular personal law relating to Hindu women in
Bangladesh. Comparative reference is made to the law applicable to Indian Hindu women.
The article shows that the laws enacted during the colonial period are still applicable to the
Hindus of Bangladesh and were never revised in the post independence. period while at the
same time comparing the reforms made in India. It also tells that in Bangladesh matiers such
as, divorce, marriage, maintenance, custody, adoption and so forth are governed by Muslim
law for Muslims and by Hindu law for Hindus. The same rule applies in the case of other
religions because there is no uniform family or personal law. Because of the lack of "uniform
family code" there is a chance of discrimination between Muslims and Hindus in Bangladesh
and in reality we observe this discrimination affects Hindu women in their socio-economic
life.
In fact. Hindu Women in BangladeSh suffer due to the presence of ancient shastric law and the
absence df "uniform family code".Practically there is a long time demand for the -introduction
of a "uniform family code" which may be applicable to all communities of Bangladesh
irrespective. of religion. The reasons behind the non-introduction of such a Code may be the
probable negative impact on Muslim religious sentiment, the possibility of loosing the vote
bank and strong opposition from the religion based political parties
and have restrained any Govt. to pursue the adoption of such a law. In this. regard it has to be
mentioned that the situation of Muslim.women in Bangladesh is widely discussed while at the
same time the circumstances of Hindu women in Bangladesh are not subjected to the same
amount of scrutiny. This article tries to critique the Hindu law as it is applied in Bangladesh
while at the same time comparing the reforms effected in India.
Ancient Hindu law does not-allow dissolution of marriage however painful cohabitation may
be. However, in some communities divorce is allowed. by custom and the courts enforced
such custom provided they fulfilled the requisites of a valid custom (Saukaralingam Vs
Subban I 894.1LRI7Mad..479). So practically divorce is unknown to Hindu laW. Change of