Women’s Position Under the Family laws of Bangladesh; Critical Analysis

Abstract

This research critically examines the position of women under the family laws of Bangladesh, fo cusing on the discriminatory practices embedded in religion-based personal laws. Despite constitu tional guarantees of equality and non-discrimination under Articles 27 and 28, Bangladeshi women continue to face legal and social inequalities in matters relating to marriage, divorce, maintenance, guardianship, and inheritance. The legal framework in Bangladesh is pluralistic, governed by separate personal laws for Muslims, Hindus, and Christians. Each of these systems retains provisions that limit women's rights. Under Muslim family law, women face inequality in inheritance, limited rights to initiate divorce, and inadequate maintenance provisions. Hindu personal law, largely uncodified, offers no legal recog nition for divorce or maintenance and restricts women’s inheritance rights. Christian family law, though codified, still favors men in divorce proceedings and lacks progressive maintenance rules. The study highlights inconsistencies between personal laws and Bangladesh’s constitutional and international commitments, especially the Convention on the Elimination of All Forms of Discrim ination Against Women (CEDAW), to which Bangladesh is a signatory. Reservations to key CE DAW articles further hinder progress toward gender equality in family law. Judicial interpretations have occasionally extended protections for women, but the lack of legisla tive reform continues to perpetuate systemic injustice. The research concludes with practical rec ommendations, including codification and reform of Hindu and Christian family laws, equitable reforms in Muslim personal law, withdrawal of CEDAW reservations, and the introduction of a uniform family code that upholds gender justice while respecting religious sentiments. This paper underscores the urgent need for legislative, institutional, and social reforms to ensure that women in Bangladesh enjoy equal rights and protections under the law, particularly in the family domain.