Hindu women's divorce rights

Divorce is a procedure whereby the married couple decides to separate and break all the vows that were taken during the sacred ceremony of a marriage. In Bangladesh the Hindu women are suffering greatly to seek divorce or to demand compensation from husbands. Most of the Hindu communities in Bangladesh follow the centuries-old Dayabhaga law. According to that law, a Hindu woman does not have the right to divorce her husband. For a long time different NGOs, civil society, women's rights groups are creating pressure upon the Government to enact the law of divorce for Hindu women. Recently on 20 January, 2015 the High court has issued a rule on the Government asking it to explain the reason why a Hindu women would not be allowed to divorce her husband as there exists no right to do so in the Hindu personal laws. Following a writ petition filed by Bangladesh Human Rights Foundation's chief executive Alena Khan and aggrieved Aapita Das for enforcement of her fundamental rights. The petitioner mentioned that the Hindu laws on marriage and divorce are inconsistent with the provision of the citizen's fundamental rights which are guaranteed in the articles 26(1), 27, 28, 31 and 32 of the constitution of Bangladesh as well articles 3, 5, 7 and 16(1) of the Universal Declaration of Human Rights.

According to the Convention on the Elimination of All Forms of Discrimination against Women, the State Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women where the State Parties can take necessary steps depending on Article 11 of the Convention. On the other hand, article 16(1) of the Convention has focused on the same rights and responsibilities during marriage and at its dissolution for both men and women. So the Government should enact a complete law with necessary divorce provisions to establish the Bangladeshi Hindu women's divorce rights.                     

Ashabur Turan 
Research Officer
Chancery Law Chronicles