Deputy Leader of the National Parliament, Begum Matia Chowdhury, MP, has assured leaders of the Bangladesh Hindu Law Reform Council that she will discuss with Prime Minister Sheikh Hasina the issue of ensuring equal property rights for Hindu and Buddhist women.
The assurance came on Monday, July 15, 2024, when a delegation from the Council met the Deputy Leader at her residence in Ramna, Dhaka, and handed over an 11-point memorandum calling for comprehensive reform of discriminatory Hindu personal laws.
During the meeting, Council leaders highlighted the need to secure equal rights for women, gender-diverse individuals, persons with disabilities, and those suffering from chronic illnesses within the framework of Hindu law. In response, Begum Matia Chowdhury acknowledged the justice of their demands and said, “I will speak with the Prime Minister about this matter.”
Recognizing the moral and legal validity of the proposals, she further urged the delegation, “You must continue your efforts—educate society, raise awareness, and build public support.”
The memorandum handover marked the launch of the Council’s nationwide campaign to submit its reform proposals to all 350 Members of Parliament.
The delegation included Professor Dr. Moyna Talukder (President), Pulak Ghatak (General Secretary), journalist Subhash Saha (Vice President), Bhanu Lal Das (retired DIG of Police), Gokul Krishna Poddar (biochemist), Supriya Bhattacharya (President, Mahila Oikya Parishad, the women’s wing of the Bangladesh Hindu Buddhist Christian Unity Council), Advocate Prokash Ranjan Biswas (Joint General Secretary), Mukta Rani Sherpa (Office Secretary), Dr. Sushanta Barua (Pediatrician), Shubha Chandra Das (Assistant Professor, Noakhali Science and Technology University), and Advocate Debashish Dev (Central Member).
The full-text letter
To
Begum Matia Chowdhury, MP
Honorable Deputy Leader of the Parliament
National Parliament Secretariat, Dhaka
Subject: Demand for Reform of Hindu Personal Laws
Dear Madam,
On behalf of the Bangladesh Hindu Law Reform Council, we extend our deepest respect and warm greetings to you. You are affectionately known to us as “Matia Apa,” the Fire Daughter of Bengal—a pioneer in the movement for human liberation and a constant source of inspiration. Because of your lifelong commitment to justice and equality, we place our highest hopes in you.
We earnestly appeal for your leadership in addressing the plight of women and gender-diverse individuals across religious and ethnic communities who remain deprived of basic rights under Bangladesh’s existing Hindu family laws. The Honorable Prime Minister Sheikh Hasina has declared that no citizen of Bangladesh shall remain landless. To fulfill that noble vision, it is essential to amend the discriminatory Hindu laws that have, in practice, left Hindu and Buddhist women without rightful ownership of land and property.
With that objective, we respectfully submit the following proposals for your consideration toward enacting a gender-equal and progressive Hindu personal law through the National Parliament.
1. Reform of Hindu Inheritance Law
The current Hindu inheritance law must be amended to eliminate all forms of gender discrimination. We propose that all children—regardless of gender identity—be granted equal rights in their parents’ property. Likewise, a wife shall inherit an equal share of her husband’s property, and a husband shall inherit an equal share of his wife’s property. In the absence of a child, husband, or wife, the same principle of gender equality should apply when determining subsequent heirs. No one should be deprived of inheritance rights on the basis of gender or gender identity.
2. Protection of Homestead Property
In the sale of inherited homestead land, houses, or apartments, the buyers identified within the Sapinda, Sakulya, and Samanodaka categories (as defined in Hindu law, irrespective of gender) shall have priority according to order of relation. Without the consent of co-sharers with equal rights, inherited homestead land or houses shall not be sold to anyone outside the jurisdiction of Hindu law.
3. Inheritance Rights of Religious Converts
Under Hindu law, a person who renounces their faith or caste loses the right to ancestral property. Likewise, anyone who abandons the Sanatan, Buddhist, Jain, or other traditional faiths to adopt a religion beyond the scope of Hindu law forfeits inheritance rights. Such a person is deemed to have relinquished ancestral property along with ancestral religion, culture, and family. Therefore, they shall not be entitled to inherit the property of any person governed by Hindu law.
Although no statutory law explicitly defines this matter, separate family laws already exist for different religious communities, which, in practice, exclude converts from inheritance. To ensure the protection of minority communities—their religion, culture, family, and property—it is imperative that Parliament enact a clear statutory law barring inheritance in cases of religious conversion.
4. Mandatory Marriage Registration
To establish a firm legal foundation for marital relationships, safeguard the future of children (born or unborn), and reduce legal complications, registration of marriages should be made compulsory for all citizens under Hindu law.
5. Regulation of Polygamy
Under current Hindu law in Bangladesh, men may legally marry multiple women even while already married. Such unrestricted polygamy is incompatible with modern civilization and the principles of equality in family life. Except in rare and exceptional circumstances permitted by a court, polygamy should be explicitly prohibited by law.
6. Legal Recognition of Divorce
Although Hindu religious texts provide clear guidance on divorce and remarriage, the existing Hindu law in Bangladesh denies women the right to divorce or remarry under any circumstances once married. This archaic provision renders the lives of many women miserable and insecure. Divorce must also be legally recognized for men in cases of broken relationships. The absence of a legal mechanism drives many to unlawful alternatives, often resulting in “illegitimate” children under existing legal definitions.
To prevent such injustices, divorce should be legally validated through court proceedings, and Parliament should enact a clear statutory law governing this process.
7. Elimination of Caste-Based Discrimination
Inter-caste marriages among Brahmins, Kshatriyas, Vaishyas, Shudras, and other sub-castes have become increasingly common in contemporary Hindu society. However, these marriages lack legal recognition, and the children born from them are considered “illegitimate” under existing laws, jeopardizing their inheritance rights. This represents an inhuman and unjust legal relic.
Therefore, the Hindu Marriage Disabilities Removal Act of 1946—enacted during British rule—should be amended to provide full legal recognition to inter-caste marriages.
8. Reform of Adoption Laws
While adoption is permitted under Hindu law, women and gender-diverse individuals cannot adopt without the consent of a husband. Only male children may be adopted; female children may not. Furthermore, adoption of children with disabilities or of different castes or clans is not permitted. Such discriminatory restrictions must be abolished, and a modern, inclusive, and humane adoption law must be enacted.
9. Equal Guardianship Rights
Fathers and mothers must enjoy equal rights and status as legal guardians of their children. In cases of marital separation, the best interests and needs of the child should be given absolute priority.
10. Rights of Persons with Disabilities
Under the current Hindu inheritance law, individuals with physical, sensory, sexual, or mental disabilities—as well as those suffering from diseases such as tuberculosis or leprosy—are denied inheritance rights. This must end. Equal property rights should be guaranteed for all persons with disabilities, along with provisions for their protection and priority access to social and economic opportunities.
11. Implementation of Electoral Commitments
We urge the immediate implementation of the Awami League’s previous election manifesto commitments, including:
– Enactment of a Minority Protection Act
– Establishment of a National Minority Commission
– Restitution of vested properties
– Formulation of laws to safeguard Debottar (religious endowment) property
– Full implementation of the Chittagong Hill Tracts Peace Accord and Hill Land Commission
– Passage of an Anti-Discrimination Act
– Formation of a separate Land Commission for plains-dwelling indigenous communities.
Honorable Member of Parliament,
As you know, the Constitution of the People’s Republic of Bangladesh prohibits discrimination by the State on the basis of gender identity. Yet, remnants of discriminatory Hindu laws introduced during the British colonial era remain in force, resulting in inequality sanctioned by the State itself. When Hindu women seek justice in court, they are still deprived in matters of property and inheritance—an outcome that is clearly unconstitutional.
To uphold constitutional dignity and ensure justice, Parliament must amend these discriminatory laws. Ending injustice against children, women, and gender-diverse people is not merely a legal necessity—it is a demand of civilization. We trust that you, as an enlightened lawmaker, will play a decisive and compassionate role in this historic reform.
We wish you good health, long life, and continued happiness.
With sincere thanks and respect,
Professor Dr. Moyna Talukder
President
Pulak Ghatak
General Secretary
Bangladesh Hindu Law Reform Council