HINDU FAMILY LAW IN BANGLADESH AND INDIA: A COMPARATIVE LEGAL STUDY

Background and Purpose: Hindus constitute the largest religious minority in Bangladesh, yet their family  relations continue to be governed predominantly by uncodified and colonial-era Hindu personal laws, unlike  India where comprehensive reforms were introduced through the codification of Hindu family law in the  1950s. Despite constitutional guarantees of religious freedom and equality, and Bangladesh’s obligations  under international human rights treaties such as the ICESCR, ICCPR, and CEDAW, Hindu family law in  Bangladesh remains fragmented and largely unreformed, resulting in systemic discrimination, particularly  against Hindu women in matters of marriage, divorce, maintenance, guardianship, adoption, and succession.  Against this background, the purpose of this study is to undertake a comparative legal analysis of Hindu  family law in Bangladesh and India and to assess the necessity of reforming and codifying separate Hindu  family laws in Bangladesh considering India’s modern legal framework.

Methods: The study adopts a doctrinal and qualitative research methodology, relying on primary sources  such as constitutional provisions, statutes, judicial decisions, and international conventions, as well as  secondary sources including academic literature, law commission reports, and policy documents. Through  comparative analysis, the research evaluates key areas of Hindu family law in both jurisdictions, including  marriage, divorce, maintenance, adoption, guardianship, and inheritance.

Results: The findings reveal that Hindu family law in Bangladesh remains patriarchal and discriminatory,  permitting practices such as polygamy, denying divorce, restricting women’s inheritance and guardianship  rights, and limiting adoption rights, whereas India’s codified Hindu laws have introduced monogamy,  divorce, gender-equal inheritance, maintenance entitlements, and enhanced rights for women and children.  The absence of similar reforms in Bangladesh creates inconsistencies with constitutional principles and  international human rights standards, while judicial interventions have offered only limited relief.

Conclusion: The study concludes that urgent codification and reform of Hindu family law in Bangladesh are  essential to ensure gender equality, legal certainty, and social justice, and that lessons drawn from India’s  legislative experience can guide Bangladesh toward a more equitable and inclusive legal framework for its  Hindu community.