Evaluation of the Right to Maintenance within the Legal System of Bangladesh: A Critical Analysis .

Abstract

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.