Women’s position Under The Family laws of Bangladesh; Critical Analysis

Abstract

This thesis undertakes an in-depth critical analysis of the legal status of women under the family laws of Bangladesh, with particular emphasis on the application of religious personal laws— namely Muslim and Hindu laws—that continue to govern family matters such as marriage, divorce, maintenance, custody, guardianship, and inheritance. Despite the constitutional guarantee of equality before the law and the prohibition of gender-based discrimination under Articles 27 and 28 of the Constitution of Bangladesh, women remain subject to numerous legal inequalities rooted in patriarchal interpretations of personal law. The research identifies and evaluates the structural and substantive barriers that hinder women‘s access to justice within the family law system. Through detailed examination of legislative provisions, judicial decisions, and customary practices, the study highlights how religious-based personal laws often privilege male authority, restrict women‘s autonomy, and perpetuate gender based disparities. Muslim women, for example, face legal disadvantages in areas such as unilateral divorce (talaq), unequal inheritance, and limited guardianship rights, while Hindu women contend with the lack of codified divorce rights and marginal inheritance entitlements. Drawing on national constitutional principles as well as international human rights frameworks—particularly the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), to which Bangladesh is a signatory—the thesis critiques the state‘s failure to harmonize domestic family laws with international obligations. Comparative legal analysis with jurisdictions such as India, Pakistan, Tunisia, and Malaysia provides insights into progressive legal reforms and gender-sensitive jurisprudence that could serve as models for Bangladesh. The research also explores the evolving role of the judiciary, civil society organizations, and women's rights activists in advocating for reform and advancing gender justice. It concludes with specific recommendations for legislative and policy reform, including the codification of equitable family laws, removal of CEDAW reservations, and adoption of a uniform legal framework that upholds the fundamental rights and dignity of women regardless of religious affiliation. This study aspires to contribute to the growing discourse on legal reform and gender equality in Bangladesh, emphasizing the urgent need for a family law system that aligns with democratic principles, social justice, and the realities of women's lived experiences.