An Exploration of the Laws on Hindu Women’s Property Rights in Bangladesh with special reference to the recent verdict of the High Court Division

Abstract

Hindu women's property rights in Bangladesh are governed by colonialera laws, such as the Hindu Women's Right to Property Act, 1937. Hindu Women have suffered due to discriminatory property rights that limit their inheritance entitlement and ownership historically under shastric law, as well as century-old, codified laws in Bangladesh. Because no reforms have been brought in this field during the postindependence 54 years of Bangladesh, this study aims to examine and understand the disparities of the legal system governing women's property rights subjugated by the theological and customary practices of the Hindu community. It tries to explore the intricate situation and the room for Hindu women in the existing property laws in Bangladesh. This article makes an esoteric discussion between the Hindu Women's Right to Property Act, 1937 and the verdict delivered by the High Court Division in Bangladesh in September 2020 to identify the obstacles Hindu women have faced in penetrating and owning their property rights obtained by inheritance. By searching this framework, this study's goal is to highlight the positive and historic steps of the High Court Division for ensuring Hindu women's right to agricultural land in Bangladesh under the abovementioned Act of 1937. The mere decision of the High Court Division cannot indemnify the absolute and equitable property rights of Hindu women. The study put some pathways for ascertaining Hindu women's absolute and justified property rights in Bangladesh.

Rajshahi Uni. Law Rev.Vol. XIII, 2024; p143-164