Women’s Position Under The Family Laws of Bangladesh; Critical Analysis

Abstract

his research monograph critically examines the position of women under the family laws of Bangladesh with a focus on Muslim, Hindu, and Christian personal legal frameworks. Despite constitutional guarantees of gender equality and Bangladesh’s obligations under international instruments such as CEDAW, family laws continue to reflect deep-rooted patriarchal norms and religious disparities. The study identifies how religious personal laws, outdated colonial statutes, and weak enforcement mechanisms collectively undermine women’s rights in matters of marriage, divorce, maintenance, custody, and inheritance. Using a qualitative, doctrinal approach, the research reviews statutory laws, judicial precedents, and international conventions. It highlights that Muslim women often face procedural and social barriers in accessing khula and maintenance; Hindu women are denied the right to divorce and meaningful property rights; and Christian women encounter discriminatory divorce laws and limited support post-separation. The study also finds that non-Muslim women remain excluded from family courts and modern legal remedies, further deepening legal inequality. The monograph reveals critical implementation gaps in protective legislation such as the Domestic Violence Act (2010) and Dowry Prohibition Act (1980), compounded by social stigma and institutional apathy. In response, the study recommends enacting a uniform family code, reforming discriminatory personal laws, strengthening family courts, expanding legal aid, and enhancing legal awareness among women. Ultimately, the research calls for a comprehensive reform of Bangladesh’s family law system to ensure that all women, regardless of religion, are treated with fairness, dignity, and equality under the law.