Whether a Hindu Daughter should inherit her father’s Property?
Since the inception of the mankind, history of the woman rights is full of deprivation and ignorance and plight of the Hindu female of Bangladesh is no exception of that. Apart from the discriminations and deprivations which are common to all women the Hindu females are subject to an additional disqualification of inability to inherit the property of father. In this twenty first century where female are enjoying all shorts of civil, political, economic, social and cultural rights Hindu daughters are legging behind for the proprietary rights in the father’s property. At the present time it is the outcry of the civilized society that the Hindu daughters shall have equal rights with their brother in the property of father. Arguments in support of Hindu daughter’s inheritance in the father’s property can be summed up as follows.
Present Position of Hindu Daughter’s Right to father’s property: Hindu community is the second largest religious community in Bangladesh. According to 1991 census 11.5 per cent of the population of our country belong to the Hindu Community. Their social and family affairs all are very intensely controlled and influenced by their religious doctrine. In Bangladesh, Dayabhaga School is followed in Hindu Family Law. Under this School Hindu women have no right to inherit in Bangladesh. They are deprived of their parent's\husband's property. However, a Hindu daughter may own any property if given by the father by way of will or gift.
The government has not yet considered amending the personal laws though it ensured equality of the citizens in the eye of the law by the constitution. The reason behind perhaps is that thinking any self-initiatives of amendment may give rise to communal tension in the country.
Legal recognition of women right to property: Since long the proprietary right of the women is recognized by the national and international legislation. International Covenant on Economic, Social and Cultural Rights recognized all people’s right to housing and property, which also includes the female inheritance in father’s property[1]. Convention on Elimination of All forms of Discrimination against women also imposed obligation upon the member States to take appropriate measures to ensure that women have the equal rights in the family benefit[2]. Bangladesh is the State party to these international conventions so it is better to implement these obligations to ensue Hindu Female’s inheritance in father’s property.
In Bangladesh the Muslim daughters are entitled to their father’s property together with their brother. The Constitution is the highest law of Bangladesh[3] and it provides that all citizens are equal before law and are entitled to equal protection of law[4]. So, it is imperative for the State to take measures to ensure that like the Muslim female, the Hindu female are getting share in the property of their father.
Comparison with Indian Laws:
According to Bangladesh Law Hindu women only get a limited share. They inherit life interest in the property. There are five female Sapindas according to the Dayabagha law, namely the widow, the daughter, the mother, the father's mother and the mother of father's father. No other female relation is recognized as heir by the said school. Moreover a daughter cannot receive any property; even she cannot get life interest in the presence of son, grand son and great grand son. Although in neighboring India laws in this regard have been updated since independence in 1947, in Bangladesh the pre-1947 laws are still prevailing. In India laws have been framed and amended that has established women's rights on the property of father and husband.
Under the Hindu Succession Act, 1956, females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their “limited owner" status. However, it wasn't until the 2004 Amendment that daughters were allowed equal receipt of property as sons. This invariably grants females property rights.
The Hindu Succession (Amendment) Act, 2005 amended Section 6 of the Hindu Succession Act, 1956, allowing daughters of the deceased equal rights as sons. In the case of coparcener’s property, or a case in which two people inherent property equally between them, the daughter and son are subject to the same liabilities and disabilities. The amendment essentially furthers equal right between males and females in the legal system[5].
Opinion: Female are half of the mankind and a civilization can not prosper without ensuring rights of the women. There is no legal or moral basis to deprive the Hindu female from their family benefit. It is imperative for a State which has respect for equality of man and women to ensure that Hindu female are getting share in the father’s property. It is expected that the Government of Bangladesh should take appropriate legislative and executive measures to ensure Hindu female inheritance.
Northern University Bangladesh.
Department of Law
