DHLR
On 13 February 2022 one Ananya Das Gupta, daughter of late Ashok Das Gupta by filing a WP challenged the legality of the provision on Sanatan Hindu women not receiving any share of inherited property from their father.
Upon a preliminary hearing on 14 February, the HCD asked the government to explain why the provision of a law barring Hindu women from inheriting their fathers’ property ought not to be declared unconstitutional. Eight respondents including the Secretary of the Cabinet Division, Secretary of the Law, Justice and Parliamentary Affairs, Secretary of the Religious Affairs and Hindu Religious Welfare Trust were asked to reply to the rule within a week.
On 27 February 2022 the HCD bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman sought to hear the opinions of amici curiae (friends of the court) on the provision of law barring Hindu women from inheriting paternal property.
The amici curiae of the court are Attorney General AM Amin Uddin, senior advocate Prabir Niyogi, Subrata Chowdhury and Md Kamrul Haque Siddiqui. The court will also hear the opinions of lawyer Tapan Chakraborty who conducts civil cases on inheritance of followers of Sanatan religion and the General Secretary of Bangladesh Hindu Law Reform Committee, Pulak Ghatak. To hear opinion, the Court further made five human rights organisations complementary petitioners: BLAST, ASK, Manusher Jonno Foundation, Bangladesh Mahila Parishad and Naripokkho.
The HCD requested the Chief Justice to form a larger bench to hear the petition as it involves constitutional matter. The larger bench will then hear the opinions of amicus curiae.
Personal and religious laws are sensitive. If any question is raised or any provisions of those laws are challenged in a court, and if the court thinks that the opinions of experts are necessary to settle the question, the court can appoint amicus curiae and hear their opinion. A judge is not necessarily an expert on every subject. If any assistance is needed on any point, the law allows him to take that assistance. The HCD’s decision of hearing expert opinions on personal law matters sets a good example for the upcoming days.
Courtesy: DHLR Blog