The Hindu Marriage Registration Act has paved the way for registration of marriages solemnized under Hindu law – something that was not possible in Bangladesh until the act was enforced eight years ago.
Because of this law, Hindu women are now getting legal protection while travelling abroad, for asset transfer, preparing deed of gift, presenting evidence in court and even during divorce. The law is also playing a major role in stopping child marriage, BSS reports.
After the law was passed in parliament in 2012, the government published the gazette notification in this regard on September 24, 2012.
The Ministry of Law, Justice and Parliamentary Affairs has since appointed a Hindu marriage registrar in almost all the upazilas across the country.
Under this act, rules were formulated in January 2013, namely the Hindu Marriage Registration Rules, 2013. Amended in September 2013, Section 3 of the act says such registration is discretionary – a marriage will be considered valid even if it is not registered.
But due to the laxity in registering Hindu marriages and lack of awareness about the law, many marriages are still going unregistered. On an average, around 4,000 marriages are getting registered each year, providing around Tk50 lakh as revenue to the state exchequer.
According to sources, the registration fee against a marriage is Tk1,000, of which, 60% goes to the state exchequer and the rest to the concerned registrar’s pocket.
Why registration law was necessary
Earlier, there were no marriage certificates for Hindu marriages, making it difficult to prove the relationship under legal perspective.
Biplob Kumar Sarker*, who has been living abroad for long, said he had to go through a long and hectic legal process to collect visa for his wife so she could move to his country of residence.
“I had to collect a certificate from the priest and went to the notary public office with the witnesses to our marriage. After getting the notary public certificate, I had to submit that before the embassy for the visa,” he added.
Jayant Mony*, who loves to travel, experienced many raised eyebrows when he and his wife tried to check into a hotel, as they had no documents to prove they were married.
Sanchita Dev was designated as a nominee by her husband for his deposit pension scheme (DPS) in a bank. After his sudden death, the bank authorities refused to transfer the money to Sanchita as she was unable to provide proof of their marriage.
Subir Bardhan Moon, vice president of Bangladesh Central Hindu Marriage Registrar Welfare Society, said the act has given Hindu women a sense of protection in many aspects.
“From September 2014 to 2015, I registered only four marriages. But in 2018, I registered a total of 36 marriages. Members of the Hindu community are now getting more and more interested in registering marriages due to many facilities.
"With administrative activities and awareness raising campaign by people’s representatives, the number will further increase for sure,” said Subir, who is in charge of registering Hindu marriages in Natore and Naldanga.
‘Clarify divorce process’
Subir Bardhan, the marriage registrar, urged the government to amend the act to include the matter of divorce in the law to prevent the occurrence of illegal separation.
“This will give further protection to the Hindu women in the country and will also generate more revenue for the government,” he added.
Pradip Kumar Dhar, general secretary of Bangladesh Central Hindu Marriage Registrar Welfare Society, too, emphasized on ensuring registration of all marriages, saying it would also prevent child marriage.
Kallol Moitra, priest at the Natore Brindaban Bihari Jeo Akhra Temple, said marriage registration protects the interest of the bride, and it would become priceless if she wanted to file for divorce in future or get her dues in case she was given divorce.
Advocate Shushant Ghosh, a senior lawyer in Natore, said though interests of both bride and groom have been ensured in the act, the bride is getting more benefits out of the Hindu Marriage Registration Act, 2012 as they had none in the past.
“We want the act to be amended and the matter of marriage registration made compulsory,” he added.
* Not real names
