THE High Court (HC) ruled on Wednesday that Hindu widows will have the rights to both agricultural and non-agricultural lands that belong to their husbands. They will also get the right to sell the lands for legal necessities during their lifetime, the HC observed. Interpreting the Hindu Women’s Right to Properties Act, a judgement of Indian Federal Court in 1941, and Adaption Law of 1972, the court said no separation has been made between the agricultural and non-agricultural lands in Bangladesh, and so Hindu widows have rights to the lands of their husbands.
Bangladesh is one of the 160 countries that ratified the Convention on the Elimination of all kinds of Discrimination Against Women (CEDAW) which aims to eradicate all sorts of discrimination against women all over the world. The Constitution has also enshrined principles of non-discrimination on the ground of religion, sex, race, caste etc among the citizens of Bangladesh under Articles 27, 28 and 29. Nonetheless, in Bangladesh no significant change has occurred under Hindu law for women.
That is until the recent verdict. The HC verdict has judgement ambiguity of the laws regarding the rights of Hindu widows to their husbands’ lands. Previously a Hindu woman, even if she inherited her husband’s property, had limited rights to her property in the form of life interest (i.e. on her death, the property reverted back to the next heir of the person she had inherited the property from). Widows inheriting properties from their husband also inherit on limited rights (i.e. life interest). Now they would be able to even sell the property and remarry which is a leap forward for their legal rights.
Bangladesh is one of the 160 countries that ratified the Convention on the Elimination of all kinds of Discrimination Against Women (CEDAW) which aims to eradicate all sorts of discrimination against women all over the world. The Constitution has also enshrined principles of non-discrimination on the ground of religion, sex, race, caste etc among the citizens of Bangladesh under Articles 27, 28 and 29. Nonetheless, in Bangladesh no significant change has occurred under Hindu law for women.
That is until the recent verdict. The HC verdict has judgement ambiguity of the laws regarding the rights of Hindu widows to their husbands’ lands. Previously a Hindu woman, even if she inherited her husband’s property, had limited rights to her property in the form of life interest (i.e. on her death, the property reverted back to the next heir of the person she had inherited the property from). Widows inheriting properties from their husband also inherit on limited rights (i.e. life interest). Now they would be able to even sell the property and remarry which is a leap forward for their legal rights.
