Law Event
Reform in personal law stressed
Law Commission Bangladesh organised a daylong workshop at BIAM Auditorium on 24 March 2012. Distinguished participants at the workshop stressed the need for reform on diverse aspects of Muslim-Hindu-Christian family laws. Academicians, Judges, Lawyers, law students, rights activists, political party representative and civil society members from different strata of the society participated in the workshop. Dr. Faustina Pereira, Advocate Bangladesh Supreme Court, suggested reform proposals of Christian law and argued to amend section 10 of the Divorce Act of 1869. She also expressed the view that a new law of adoption amongst Christians in Bangladesh is to be enacted. Dr. Faustina said, “all citizens must be recognised as equal claimants of constitutional guarantees of equality and human dignity. When religious practices fall short of universal standards and constitutional guarantees of human rights the State has a duty to protect each and every citizen, irrespective of their religion or their sex.”
Dr. Debapriyo Bhattchariya gave his reform proposal from three standpoints: polygamy, marriage registration and life estate. He emphasised on the necessity of Hindu marriage registration and opined that the life interest in property by the widow should be made full interest.
Advocate Salma Ali mentioned that, Bangladesh National Women Lawyers' Association (BNWLA) has been working for last 27 years on Hindu and Muslim law. From her experience she reveals that amongst 300 Hindu women present in a workshop, 98% were in favour of reform. 'Because they were the victims of existing law', she observes. She mentioned that after 1946, no modifications to the corpus of Hindu law have been made, and therefore, there is no alternative of reform. Advocate Subrata Chowdhury of Bangladesh Supreme Court gave a sad description of the legacy of vested property law up to 2012. He favoured the reform with the note of caution that while dealing with personal law we remain in a dwindling situation. Reverend David A. Das termed himself as the victim of law and inform the audience that the Jatiyo Church Parishad is also not an exception to this. He argued that most of the Christian laws including divorce law, marriage law, adoption and maintenance law, inheritance law contain discriminatory provisions.
Professor Dr. Shahnaz Huda of Dhaka University observes that though Muslim law prohibits adoption of child, but actually it is being taking place in the society. She expressed the view that time has come to think over how this aspect of law can be reformed without offending Muslim law.
Dr. Shahdeen Malik, Director, BRAC School of Law, says that amongst the 1200 laws of the country 1180 laws does not reflect any religious provisions. 'These laws are applicable for all. If the religious feelings are not offended by those, will it be offended if marriage law is made secular', he questioned.
Md. Shajahan Miah says, “the sole granddaughter inherits all the property of the grandfather in case her father dies before the grandfather, whereas, In case of father's property, the sole daughter does not inherit the entire property of her father, some portion goes to the uncles. This discrimination needs to be removed.”
Justice S K Sinha stressed on the best interest of the children in case of determining guardianship. He Clarified that the apex court has not granted any right of giving verdict it has merely recognized the right to give ones opinion. Fouzia Karim Firoze, Member of NHRC mentioned about welfare doctrine in case of maintenance. She said rational interpretation of personal law is possible even with the bounds of law given the needs and exigencies of the society.
Madam J. Salam Masud Chowdhury says, “Constitution is above all law. We should be waiting to enjoy the benefits law.” Law, Justice and Parliamentary affairs Minister Barrister Shafique Ahmed was present at the workshop as the Chief Guest. Honble Minister said that reform in the family law regime is not a matter of overnight. Any law is to be interpreted in the light of humanity. Barrister Shafique said any reform will be made without offending one's religious sentiment. 'New law will be enacted in the light of deliberate opinion of all and sundry', the Minister reiterates.
Acting Chairman of Law Commission Professor Dr M Shah Alam in his end note said that the Commission is carrying out research on family law. The workshop was designed as a manifestation of this noble agenda. He says, “all the different opinions would be counted and we would continue to conduct discussion on it. As a part of fundamental research, a complete final report will be submitted to the government for taking necessary action”, he observes. Hasina Rowshan Jahan, Secretary of Law Commission and Sharmin Nigar, Senior Research Officer of Law Commission also presenteds their views on the occasion.
-From Law Desk.
