http://suspace.su.edu.bd/handle/123456789/111 2026-05-13T13:58:32Z 2026-05-13T13:58:32Z Sathi, Tania Sultana http://suspace.su.edu.bd/handle/123456789/2849 2026-05-13T09:52:29Z 2025-07-05T00:00:00Z

Evaluation of the Right to Maintenance within the Legal System of Bangladesh: A Critical Analysis . Sathi, Tania Sultana The right to maintenance stands as a cornerstone of family law, designed to ensure the economic security and welfare of individuals who are unable to support themselves, particularly women, children, and elderly dependents. In the context of Bangladesh, this right is embedded within a complex and pluralistic legal framework that encompasses a combination of religious personal laws (Islamic, Hindu, and Christian), statutory enactments such as the Family Courts Ordinance, 1985, and procedural safeguards like Section 125 of the Code of Criminal Procedure (CrPC). Additionally, the right to maintenance intersects with broader constitutional guarantees of equality and social justice. Despite this layered legal structure, the practical realization of maintenance rights remains inconsistent and frequently inadequate, leaving many vulnerable populations without meaningful recourse. This thesis undertakes a comprehensive doctrinal and analytical study of the legal framework governing maintenance rights in Bangladesh. It delves into the substantive legal provisions, judicial precedents, and institutional mechanisms that define and regulate maintenance, identifying key structural and procedural shortcomings. These include legal fragmentation, gender-biased interpretations rooted in patriarchal norms, enforcement weaknesses, procedural delays, and insufficient access to legal aid and representation. To provide a broader evaluative lens, the study incorporates comparative perspectives from jurisdictions such as India, Pakistan, and the United Kingdom. This comparative analysis highlights best practices and reformative measures that could be adapted within the Bangladeshi context, including the provision of interim maintenance during litigation, the codification of maintenance rights for all religious communities under a uniform legal standard, and the implementation of automated and simplified enforcement procedures. The thesis also assesses judicial trends in Bangladesh, noting a dichotomy between conservative deference to religious personal law and a more progressive, secular approach that invokes statutory and constitutional provisions. However, in practice, patriarchal interpretations and institutional inefficiencies often dilute the effectiveness of these progressive rulings, leaving claimants without timely or sufficient relief. Furthermore, the study critiques the failure of existing laws to fully harmonize with Bangladesh‟s constitutional promises of equality and justice, as well as its international obligations under instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). In conclusion, the thesis offers a set of targeted and actionable policy recommendations aimed at reforming the maintenance regime in Bangladesh. These include the formulation of a uniform family code applicable across religious divides, statutory amendments to enhance clarity and inclusivity, strengthening of judicial capacity through specialized training, the establishment of fast-track family courts, and the implementation of nationwide awareness campaigns to educate citizens about their legal rights. Collectively, these reforms seek to transform the right to maintenance from a fragmented and often illusory entitlement into a robust legal and social mechanism for promoting gender equity, economic justice, and the protection of vulnerable members of society.

2025-07-05T00:00:00Z Mim, Israt Jahan http://suspace.su.edu.bd/handle/123456789/2848 2026-05-13T09:48:01Z 2025-07-05T00:00:00Z

"Evaluation of the Right to Maintenance of a Wife in the Legal System of Bangladesh: A Critical Analysis Mim, Israt Jahan The right to maintenance is a cornerstone of economic security and social justice for women within the marital framework in Bangladesh. This right, originating from both religious doctrines and secular statutes, is intended to protect a wife from destitution and vagrancy during the subsistence of marriage and upon its dissolution. This thesis critically evaluates the efficacy of the legal framework governing a wife's right to maintenance in Bangladesh, analysing the chasm between jurisprudential ideals and practical realities. While the legal system provides distinct avenues for Muslim, Hindu, and Christian women to claim maintenance, this research contends that the framework is fraught with significant lacunae, procedural impediments, and enforcement deficits that undermine the substantive realisation of this right. For Muslim women, the most contentious issue remains the absence of a clear entitlement to post-divorce maintenance beyond the iddat period, a legal vacuum solidified by judicial conservatism. For Hindu and Christian women, the reliance on archaic, colonial-era legislation perpetuates systemic discrimination, starkly conflicting with constitutional guarantees of equality. Through a doctrinal and comparative analysis, drawing lessons from the legal trajectories of India and Pakistan, this paper identifies critical areas for reform. It argues that the current system is characterized by ambiguity in the determination of maintenance quantum, inordinate delays in adjudication, and formidable socio economic barriers that deter women from seeking justice. The research concludes that while broad reforms are needed, the primary impediment to justice is pervasive judicial conservatism that has cemented a discriminatory status quo. Without a fundamental shift in judicial philosophy towards a purposive, rights-based interpretation of personal law, the right to maintenance will remain an illusory promise for the women of Bangladesh.

2025-07-05T00:00:00Z Maria, Setu Akter http://suspace.su.edu.bd/handle/123456789/2847 2026-05-13T09:44:46Z 2025-07-05T00:00:00Z

A Study on Labor Rights for Women in Readymade Garment Industries of Bangladesh Maria, Setu Akter The readymade garment (RMG) industry is the backbone of Bangladesh‘s economy and one of the largest employers of women in the country. While the sector has created vast employment opportunities for women, it has also exposed them to widespread exploitation, inequality, and violations of fundamental labour rights. This study explores the legal, institutional, and social dimensions of labour rights for women in the RMG sector of Bangladesh, focusing on both the protection provided by national and international legal frameworks and the challenges of enforcement and awareness at the grassroots level. Using a qualitative research approach supported by case studies, legal analysis, and secondary data, the study examines key issues such as wage disparity, unsafe working conditions, denial of maternity benefits, workplace harassment, and the underrepresentation of women in trade unions. It critically reviews the Bangladesh Labour Act, 2006 (amended in 2013 and 2018), constitutional provisions, ILO conventions, and the influence of international instruments like the Geneva Conventions and CEDAW. The research reveals a significant gap between legal rights and real-world practices. It highlights that although the legal framework for protecting women workers is relatively comprehensive, enforcement remains weak due to institutional inefficiency, lack of awareness, fear of retaliation, and social stigma. The study concludes with actionable recommendations for strengthening legal enforcement, promoting gender-sensitive workplace policies, empowering women through union participation and legal literacy, and increasing accountability among factory owners and international buyers. This monograph contributes to the broader discourse on gender, labour justice, and sustainable industrial development by emphasizing that economic growth must go hand in hand with human rights and gender equality.

2025-07-05T00:00:00Z Barai, Kamal http://suspace.su.edu.bd/handle/123456789/2846 2026-05-13T09:39:32Z 2025-07-05T00:00:00Z

A Study on Juvenile Justice System in Bangladesh : A Critical Overview Barai, Kamal The juvenile justice system in Bangladesh has undergone significant legal and institutional reforms over the past decades, particularly with the enactment of the Children Act 2013, which replaced the outdated Children Act 1974. Despite the legislative advancements aimed at aligning national laws with international standards such as the United Nations Convention on the Rights of the Child (UNCRC), the practical implementation of juvenile justice remains fraught with challenges. This thesis critically examines the legal framework, institutional mechanisms, and socio-legal dynamics that shape the juvenile justice system in Bangladesh. It explores the extent to which the current system adheres to principles of child protection, restorative justice, and due process, while highlighting persistent issues such as arbitrary detention, lack of specialized juvenile courts, inadequate legal representation, and poor rehabilitation facilities. Drawing on a combination of doctrinal legal analysis and empirical findings from reports, case studies, and judicial decisions, this study identifies gaps between law and practice. It further investigates the roles of law enforcement agencies, judiciary, and non-governmental organizations in safeguarding the rights of children in conflict with the law. The thesis also assesses the socio-economic factors contributing to juvenile delinquency and critiques the often punitive rather than rehabilitative approach in dealing with young offenders. Ultimately, this research argues for a more child-centric and rights-based approach to juvenile justice, emphasizing capacity building, legal awareness, diversion programs, and stronger monitoring mechanisms. The findings aim to inform policymakers, legal professionals, and human rights advocates about the reforms needed to ensure a fair, effective, and humane juvenile justice system in Bangladesh.

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