unregistered marriages, but only imposes a minor financial penalty on the person
responsible.20 While men can divorce at will, women can only do so if they are delegated
the right in their initial marriage contract. After the divorce, maintenance is only provided
for 90 days from the date of official notice, or, if the wife is pregnant, until the birth of the
child.
17. Hindu personal law in Bangladesh governs both Hindus and in some cases Buddhists.
These laws deny women the right to divorce, even in cases of severe violence, and permit
unlimited polygamy for men.21 The recent Hindu Marriage Registration Act 2012 remains
optional, with even the minimal rights to separation being denied if a woman is found to
be “unchaste”. With respect to succession, an unmarried daughter is excluded from any
paternal property but may retain her streedhon property.
18. Under the Divorce Act, 1869 applicable to Christian women and those marrying under the
Special Marriage Act, 1872(though not to Catholics), divorce is allowed on limited grounds
with discriminatory conditions applied to women seeking divorce. Hence, while men may
obtain a divorce simply by establishing adultery, women are required to prove adultery
plus, they need to show an additional cause (such as conversion, bigamy, sodomy,
bestiality, desertion or cruelty).
19. In 2013, the Government officially recognized Hijras (members of the third gender
community), or transgender as a separate gender or the third sex. Measures was aimed at
ending their discrimination in all spheres including education, health and housing. 22 This
is considered as milestone progress in the movement of recognizing them and to ensure
their rights. The Election Commission of Bangladesh has amended the voter list to include
the third gender in the voter’s list keeping their identity as Hijra 23. Hijra community is a
very small portion of the total population of Bangladesh and are mostly discriminated in
grounds of healthcare, inheritance (particularly when it involves land) and education.24
20. The NHRCB notes with appreciation several initiatives25 and affirmative action such as
State funds allocated to uplift the plight of Dalit 26 community estimated to be 6.5 million
in Bangladesh. However, per a research study 27 members of the Dalit community are faced
with specific challenges which need close attention. Of the total responded 24% were
totally illiterate, 37% able to sign their name, 61% girls and 89% boys marrying before
Aruna Kashyap, Will I get my dues before i die: Harm to Bangladeshi women from Bangladesh’s Discriminatory Laws on Marriage,
Separation and Divorce, Human Rights Watch, September 2012, at: http://www.hrw.org/news/2012/09/16/bangladesh-discriminatoryfamily-laws-fuel-emale-poverty
21
Shahnaz Huda, “Combating Gender Injustice: Hindu Law in Bangladesh”, SAILS, Dhaka, 2011 at:
http://www.academia.edu/1586976/Combating_Gender_Injustice_-_Hindu_Law_in_Bangladesh_Dhaka_SAILS_2011_
22
http://www.msw.gov.bd/site/page/a3498c96-c94a-4fba-9518-13497bdfb46f/Transgender-People
23
https://bdnews24.com/bangladesh/2018/01/13/election-commission-adds-hijra-gender-to-voter-list
24
http://www.msw.gov.bd/site/page/a3498c96-c94a-4fba-9518-13497bdfb46f/Transgender-People
25
On January 26, 2014, the Bangladesh cabinet announced in its gazette that it has recognized the Hijra community of Bangladesh as a
Hijra sex (Ministry of Social Welfare, Bangladesh Gazette, No. sokom/work-1sha/Hijra-15/2013-40.) Hijras and ethnic groups of
Bangladesh are entitled to bank loans. The central bank issued a notice to all scheduled banks notifying them to take steps to bring these
underprivileged sections within the SMEs. There are pilot programmes for livelihood development implemented by the Social Welfare
Ministry for the third gender communities.
26
Special quotas are allocated for Dalits quotas in universities -Extracted from a circular. from the Prime Minister’s Office dated 29
May 2012
27
The Position of Women in Extreme Poor and Socially Excluded Dalit Communities of Bangladesh: A Sociological Study conducted
by SHAREE
20
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