Reformers have applauded the High Court's decision from on Sunday, which questioned why the government's failure to allow Hindu women the rights to guardianship, inheritance, and marriage registration could not be deemed unlawful.
The bench comprising Justice Farah Mahbub and Justice Mohammad Mahabub ul Islam gave the order after hearing the writ filed by nine organizations.
The law secretary and those concerned have been asked to respond to this rule within the next four weeks.
Earlier, human rights organization Ain o Salish Kendra (ASK), BLAST, among nine organizations, filed a writ in the High Court seeking directions to formulate a policy to ensure the legal rights of Hindu women and remove the inconsistencies in the Hindu Marriage Act.
The Law Commission developed a draft bill several years ago to change the current Hindu laws, but the process stagnated owing to objections from fundamentalist Hindus. In addition to allowing both men and women to divorce and remarry, the commission's plans call for jail time and fines for failing to register weddings within 15 days.
Also Read
- High Court rules on marriage registration, divorce of Hindu women
- Hindu leaders at loggerheads over reforms
Reformists have long been demanding an amendment to the colonial-era Hindu laws to end gender discrimination about marriage and the inheritance of property among other issues, but have drawn the ire of the orthodox Hindus.
Bangladesh Hindu Law Reform Council General Secretary Pulack Ghatack demanded early disposal of the writ petition.
“There is no scope to deny the rightful demands of women and the LGBTQ population among Hindus, Buddhists and all other small ethnic groups,” he told Dhaka Tribune yesterday.
“It is inhumane and unconstitutional to deny the right to inherit parental property to half the population simply because they are female. It is also cruel to prevent men from divorcing their ex-wives while enabling them to marry as many times as they choose,” he continued.
When circumstances require it, divorce is a necessity for both men and women, according to Pulack.
"Women will give birth to and raise children, but they will not be recognized as the children's guardians. Additionally, it is cruel. All other rights within a married system must be ensured, hence marriage registration is important. The state is prohibited by the Constitution from depriving someone based on their gender identity. For the nation's Hindu women, however, brutal and anti-constitutional rightlessness is the norm,” he added.
On the other hand, orthodox Hindus – led by Bangladesh Jatiya Hindu Mohajote – are of the view that the traditional Hindu Law should be maintained. Labelling the reformists as apostates, another small group, styled “Hindu Paribarik Ain Shongshodhon Protirodh Ainjibi Shomonnoy Parishad”, is opposing the amendment.
It insists that the move by the Law Commission will destroy harmony among the Hindus and also lead to chaos in many families.