Women’s position Under the Family laws of Bangladesh; Critical Analysis
Abstract
This research paper critically examines the position of women under the family laws of Bangla
desh, focusing on the Muslim, Hindu, and Christian personal law systems. Despite constitutional
guarantees of equality and Bangladesh's commitments under international human rights instru
ments like CEDAW, women continue to face significant legal discrimination in matters of mar
riage, divorce, maintenance, guardianship, custody, and inheritance. The study uses a qualitative,
doctrinal approach by analyzing statutes, case laws, and secondary literature to explore how per
sonal laws perpetuate gender inequality. Findings reveal that religious interpretations, patriarchal
social structures, and legislative inertia contribute to the systemic denial of women’s rights within
the family sphere. The paper further evaluates judicial activism and policy-level interventions
aimed at addressing these challenges. Finally, it offers key recommendations for legal reform, in
cluding the enactment of a Uniform Family Code and amendments to discriminatory provisions in
existing laws. This research aims to contribute to the ongoing dialogue on women’s legal rights
and the need for gender-sensitive family law reforms in Bangladesh.
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