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Minati
Karmakar in her 20s suffers at her husband's house for inability
to bring dowry. Minati's husband tortures her, as she cannot
bring dowry money for him. Fed up, one day she leaves her
husband's house and returns to her parents. The husband is still
after her and insists to return to him with dowry money.
The
harassment is too much for her to bear. Minati wants to
terminate the marriage. She goes to court and finds to her
surprise that the Hindu law does not help her much.
In
Bangladesh, Hindu marriages differ from caste to caste. The
Hindu marriage rituals have often no lawful ground. So, when the
Hindu women want to come out of bad marriages they are in
trouble because there is no marriage registration system in the
Hindu society in Bangladesh.
Consider the
case of Kazali Rani Das, 23. She works as a day-labourer at her
village. Her neighbour, Sanjoy Madhu, lured Kazali with a
marriage proposal and convinced her. Then they got married and
began their conjugal life at the house of Kazali's parents.
Before long, Kazali becomes pregnant and Sanjoy is asked to take
Kazali to his own house.
Kazali's
trouble begins here. It does take long for Kazali to understand
that she has fallen into a trap. Sanjoy delays to take Kazali to
his house by making false excuses and later disclaims his
marriage with her. Kazali is now too helpless to express her
plight. Society does not want to believe what she says. She has
no official document, as her marriage was not registered.
This is no
exception. It happens to thousands of Hindu women in Bangladesh.
According to
Hindu social customs, Hindu marriages are solemnized merely
through some religious rituals. There is no marriage
registration system for Hindu people in Bangladesh. It is
surprising that there is also no Hindu marriage law or Hindu
marriage register in the country. So, if any Hindu woman suffers
in the hands of her in-laws, she does not get legal help.
As per a
1946 law, Hindu women can file cases with courts to only regain
the rights to conjugal life. Besides, the Hindu women can file
cases under Family Court Ordinance 1985, Dowry Act 1980 and
Women and Children Repression Act 2003. But these laws are too
inadequate to protect the Hindu women's rights.
A total of
926 marriage cases were received by Ain O Shalish Kendra during
July 2003 to February 2004 period. Of them, only 17 cases were
related to Hindu women.
Says lawyer
Nina Goswami, "Hindu women do not complain much fearing the
marriage will break. That fear grips them because divorced Hindu
women find it hard to get new husbands. There is no law allowing
Hindu widows to remarry."
But the
situation is very different in neighboring India. There are
laws in that country to protect the rights of Hindu women such
as Widow Marriage Act 1856, Racial Inability Remission Act 1850,
Child Marriage Prevention Act 1929 (Amendment 1938), Earned
Property Affairs Act 1930, Inheritance Act 1925 and Hindu
Women's Rights to Lands Act 1937.
Besides, new
laws have been made in India after independence in 1947. These
include Hindu Marriage Act 1955, Immature Children's Property
Act 1956, Hindu Adoption and Maintenance Act 1956, Hindu
Inheritance Act 1956 and Special Marriage Act 1960.
Efforts to
enact laws to protect Hindu women's rights in Bangladesh are
thwarted by conservatives. There are Hindu men who leave their
first wives and take second ones, but the same people resist
changes for the better.
Although the
clauses No 19 (1) and 19 (2) of the constitution carry clear
provisions that the state will ensure equal rights to all
citizens and remove social and economic disparities, no
government came up with steps to reform Hindu laws for
protecting Hindu women's rights.
Awami League
presidium member Surajit Sen Gupta says, "Hindu laws need to be
reformed in our country. But the free democratic environment
that is needed for the reforms has not properly developed yet."
Hindu
religionist and Professor of Culture and Pali Department of
Dhaka University Dr Niranjan Odhikari says, "Marriage
registration is as necessary as the babies' birth registration.
It will be helpful if Parliament makes laws in this regard."
President of
Metropolitan City Universal Puja Committee Swapan Shaha says:
"There should be laws to guide Hindu marriage, including rights
to divorce because Hindu women are sometimes forced to leave
their husbands' houses. In such a case, a woman should be able
to obtain legal divorce and take another husband."
Organising
Secretary of Bangladesh Mohila Parisad Rakhi Das Purkaistha
says, "Marriage registration is a legal right of women. Marriage
registration needs to be obligatory to all people irrespective
of religion, cast and creed because marriage registration does
not disregard religion."
But leaders
of Hindu, Buddhist, Christian Oikya Parishad have different
views. They think marriage registration is unnecessary for Hindu
people. They think Hindu boys believe in single marriage and the
number of those who go for polygamy is very few. The leaders say
Hindu women will be repressed more if marriage registration and
divorce laws are enacted.
A Hindu
woman social worker, preferring anonymity, regrets, "People in
our country only think of the society. They forget that marriage
registration is a right of women". Advocate Nina Goswami also
says, "In fact, the Hindu women have no right in our country.
But we have nothing to do."
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