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Monday, March 8, 1999

Not yet her day, in Bangla

INTER PRESS SERVICE  
DHAKA, MARCH 7: Deprived of the right to divorce and inheritance, Hindu women suffer gender discrimination far more than their Muslim sisters in Bangladesh.

Women in Bangladesh, irrespective of faith, are from childhood taught the virtues of sacrifice and tolerance and to submit to decisions imposed on them by their elders.

But minority Hindu women also have no legal right to divorce or property because of personal laws dating back to medieval times. Consequently, they end up being treated in many degrading ways.

Take the case of Sheela Dey (not her real name). She was abandoned by her husband eight years ago after two years of marriage. Dey considers herself lucky that she can still earn a living for herself.

But many other Hindu girls have become destitute as a result of being abandoned by their spouses, often for bringing in inadequate dowry and sometimes for trivial reasons.

Once married, a Hindu girl becomes a prisoner in the house of her in-laws and may have to put up with repression, mentaland and even physical torture simply because she has no escape route through divorce or independent means.

Marriage under Hindu law calls for no formal registration but establishes an indissoluble tie between husband and wife through the performance of religious rites. There is nothing to stop abandonment.

Worse, Hindu women have virtually no right to inherit property or pass on property to their heirs. They can only enjoy lifetime maintenance from property.

Social leaders and women's rights activists insist that it is the fundamental right of every human being irrespective of gender and religion, to divorce her or his spouse if their conjugal life has soured beyond repair.According to Dr Shahnaj Huda, associate professor of law at Dhaka University, though marriage under Hindu law builds an inseparable relationship between husband and wife there should be provision of divorce.Dr Huda said under Muslim law a women can divorce her husband under compelling circumstances. ``There should be choice for aHindu couple should a marriage run into difficulty,'' she said.

Advocate Sigma Huda, a prominent human rights activist, strongly pleads for reforms in Hindu marriage and personal law or Hindu women in this country will continue to be deprived of their fundamental and human rights.Women activists say there is a need for first creating awareness among members of the Hindu community on dissolution of marriage and the right of women to property. But they are wary of transgressing into a ticklish area.``We feel that a demand for change must come from the Hindu community itself,'' said Fauzia Karim, president of the Bangladesh Women Lawyers Association (BNWLA).

Bangladesh law minister Amir Khasru favours changes in Hindu law but also thinks the demand must come from the Hindu community.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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