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 religion or loss
of caste or the adultery of either party or the fact of wife .deserting her husband and becoming a
prostitute does not operate as dissolution of marriage .
Polygamy: in Bangladesh a Hindu male may marry any number of wives though-he has a wife or
wives living. But only one husband at a time is allowed under, the Bangladeshi Hindu law for
Hindu women. So polygamy is permitted for Hindu men while polyandry is prohibited.
Proof of marriage: In Bangladesh Hindu marriages are solemnized merely through some
religious rituals. There is no marriage registration system for Hindu people in Bangladesh.