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HC seeks experts’ opinions on Hindu inheritance law

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by Daily Star

The High Court today decided to take expert opinions from some jurists and researchers as amice curiae (friends of court) on the rules of a customary law that deprives Hindu women of inheriting their deceased fathers’ properties.

Supreme Court lawyers AM Amin Uddin, Prabir Neogi, Subrata Chowdhury and Tapan Chakrabarty; General Secretary of Bangladesh Hindu Law Reform Council Pulack Ghatack; and few others have been asked to place their opinions on the issue before the HC as amice curiae.

During hearing on a writ petition, the HC bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman also allowed five rights organisations to become additional party to this case so that they can place their opinions to this court also.

The rights organisations are Bangladesh Legal Aid and Services Trust (BLAST), Ain O Salish Kendra (ASK), Manusher Jonno Foundation (MJF), Bangladesh Mahila Parishad (BMP) and Nari Pakkho.

The HC bench also sent the case to the chief justice for constituting a larger bench for hearing and disposing of the matter, saying that the questions of constitutional points are related with the case.

Writ petitioner’s lawyer Khairul Alam Chowdhury told The Daily Star that a larger bench of the HC, which will be constituted by Chief Justice Hasan Foez Siddique, will fix a date for hearing the matter.

The larger bench will hear expert opinions from the amice curiae on the issue, he said, adding that details of today’s HC order will be known after its written text will be released.

Lawyer Sharmin Akhter appeared for the rights organisations during virtual hearing of the petition today.

The HC bench led by Justice Mamnoon Rahman on February 14 this year questioned the rules of a customary law that deprives Hindu women of inheriting their deceased fathers’ properties.

The HC bench issued the rule following a writ petition filed by one Anannya Das Gupta challenging the constitutionality of customary law — the usage of Dayabhaga school of thought of Hindu religion — that has deprived her of her father’s property.

Courtesy: The Daily Star, Bangladesh

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