Women’s Rights at Hindu Personal Law: A Comparative Study between Bangladesh and India
Kanak Kanti Karmakar *
Department of Law, under the Faculty of Security & Strategic Studies (FSSS), Bangladesh University of Professionals (BUP), Center for the Study of Genocide & Justice at Liberation War Museum, Dhaka, Bangladesh.
*Author to whom correspondence should be addressed.
Abstract
Inequality for women in Bangladesh is more of a social issue than a legal one. With the exception of personal matters, inequalities in the implementation of the law are hardly ever noticed. Personal issues, however, are governed by religious laws or customs. Hindu law, which is the oldest law in existence, greatly varies, adapts, or changes. With the exception of fundamental instruments, various schools have varied ways of explaining it. Through the remarks and conventions, it changes. Though these norms or traditions are classified separately under the category of "Personal Law" in Bangladesh's legal system, these standards or conventions are not entirely derived from religious laws or practices. Laws and ordinances changed how they were to be applied. However, they have not been enough to bring about equality between men and women. Regulations and gender stereotypes make it difficult to follow current legislation. The relevant authority shall codify new laws and regulations with expedient reference from Shastra Law and keep in mind with international obligations as well for simple comprehension of the common people. This paper addresses the significant legislative barriers to effective women's rights implementation and offers some suggestions for ensuring justice for all Hindu women in Bangladesh.
Keywords: Hindu law, shastra law, women’s rights, inequality, ensuring justice, international obligation, national obligation, challenges, reformation