Journal Citation:
6(1) KATHMANDU SCHOOL OF LAW REVIEW, 103-116 (2018)
This article analyzes the property rights of Hindu women in Bangladesh. Bangladesh is a signatory of the UN Charter, of CEDAW* and of ICESCR**. Formal equality is also constitutionally enshrined. However, in practice, inheritance is governed by the customary laws. The prevailing principle of inheritance law under the prevalent Dayabagha system is the doctrine of religious efficacy. This system excludes women because the majority of people who are eligible to inherit are male. Moreover, female heirs can only take a limited interest in inherited property, meaning that upon her death, her property passes on to the heirs of the last male owner. Women can only hold absolute ownership in Stridhan, or female estate, which is earned through labour and gifts. The author argues that these customary inheritance laws are discriminatory and infringe Hindu women’s rights. She concludes that legal reform is needed to ensure Bangladesh meets its commitments under constitutional and international law.
*Note: with reservations to articles 2 and 16(1)(c)
**Note: with reservations to articles 2 and 3