Legislation of Hindu law in Bangladesh; problems and prospects

Introduction:

Family Laws can be defined as the legal act, which deal with the relations of women and men in
the family, such as marriage, divorce, dowry, child maintenance, guardianship, custody,
inheritance, restitution of conjugal life. Family Law usually based on religious or secular values
of different communities that regulates the rights and responsibilities of individuals within their
families in these communities. In Bangladesh family laws consists of personal laws of the
respective religious communities like Hindus, Muslims, Christians, Buddhist or Tribal.

Hindu community is the second largest religious community in Bangladesh. According to

population census report 2001 national report 9.2% of the population of our country belong to
the Hindu Community.Hindu Law isa body of rules, customs, and usages guiding the beliefs and
ways of life of the Hindus. Their social and family affairs all are very intensely controlled and
influenced by their religious doctrine. As a customary law, Hindu Law deprived women much
rather than other religious law. When it comes to safeguarding the patriarchal system using
religion, depriving women becomes the common going ground for most religion.

Divorce in hindu law:

Divorce, also known as dissolution of marriage, is the termination of a marital union between a
married couple under the rule of law of the particular country or state. In Bangladesh, there are
different laws for different religion.

Dissolution of Muslim Marriage Act, 1939 for Muslims, The Divorce Act, 1869 for Christians. But, there
is no codified law of divorce in Hindu personal law, unlike Muslim law or Christian law. Because, Hindus
are not permitted to divorce their spouses, as Hindu marriage is considered a sacred relationship, a
divine covenant and a sacrament. According to Hinduism, Marriage is meant for procreation and
continuation of family lineage, not for sexual pleasure. Provided that, Hindu married woman shall not be
entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a
Hindu by changing to another religion, or fails without sufficient cause to comply with a decree of a
competent Court for the restitution of conjugal rights.

Problems and prospects:

There are lots of problems those are face hindu people in Bangladesh. Hindu law has lots of customs
and casts but in Bangladesh here is little number of customs and rules codified. So that they can’t take
the benefits from their religion. Prospects of hindu law in Bangladesh is here is severel court for family
cases so that those case can solve rapidly.

Minhazul abedin

Batch: 42nd

ID:192-113-009
Legislation of Hindu law in Bangladesh; problems and prospects