Recommendation of Hindu Family Law Reform
Hindu Family Law means ‘religious law, which follows Hinduism, marriage, maintenance and marital relations, inheritance, giving, will, desire, adoption, parental supervision, and guardianship, among other things’.
The 18-page report highlights the current situation of Hindu family law, the need for reforms, the obstacles to reforms, the obstacles and the reforms. Recommendations for simultaneous marriage, registration, divorce, separation, polygamy, parental guardianship, and more.
In conclusion, the Commission stated that the Hindu Family Law Reform proposal was mainly dedicated to the promotion of women’s rights. The main goal of modern human rights law is the issue of equality for men and women
The Acting Chairman of the Commission said, “Family law reform, changing society needs and other laws are needed before the universal concept of human rights worldwide. Considering this goal, the issue is included in the Commission’s two-year action plan to review family law. Seminars and talks on the basis of the views and opinions of the report are based on 7 August. Workshops in various non-governmental organizations.
It is said in the report that no law has been enacted so far for Hindu marriage registration in Bangladesh. A bill related to this is currently under consideration in the parliament. It has been made voluntary without registration required. But it needs to be mandatory. The commission said that marriage must be registered within 15 working days of marriage. If you do not do the fine and jail sentence can be kept. If marriage is not registered, then the marriage cannot be considered legal.
The Commission on polygamy said that due to specific reasons mentioned in the law and polygamy without following certain rules it can be enacted as a punishable offense. It is said in the context of wild marriage that legislation can be enacted with the validity of the marriage between different tribes. The commission’s opinion about adoption is that law can be made without the right to adopt husband or wife, single men or women, and widows. However, the obligation of mutual consent may be added to the spouse’s spouse. In the case of adoption, laws can be made to remove discrimination between girls and boys.
The report of the Commission about the maintenance and child custody is said that if the husband is unable to earn money due to any accident or old age or reasonable reason, the wife will be forced to support her husband if she is well or earnable. Likewise, the responsibility of the maintenance of the child and the elderly and the parents should be taken in the absence of the husband or the reasonable reason for earning money, the wife of a well-earning wife should be taken. There should be separate provisions related to what the amount of maintenance will be, and what factors should be considered for determining this amount.
If you want to know, a member of the Presidium of Hindu, Buddhist, Christian Oikya Parishad and senior Supreme Court lawyer said, “When talking about reform of Hindu Family Law, there is no protest against any corrupt.” Yet, there has been a massive reform of Hindu law in India.
He is in favor of reforming the law. On July 4, registration for the marriage of Hindu marriages has been made optional in favor of opposition to a party. But it is advisable to apply any law equally. Not only marriage registration, but other recommendations of the Law Commission can also be implemented in a phased manner by judicial review.
Disagreements on the recommendations of Hindu Family Law Reform
In order to promote women’s rights, the Law Commission’s disagreement over the recommendations of Hindu Family Law reform has been created among the people of that religion. They now vocalize not to reform the current law.
Though it is recommended to reform the Hindu Family Law considering the issue of gender equality as the main goal of the modern human rights law, the leaders of this community say that it will be difficult to accept sudden change of Hindu tradition and rule of 16 thousand years. Hindu society is not ready to accept recommendations.
In the inheritance of the property, it is recommended not to share the rights of the son and daughter, rather than the realization of the rights of women in the property. The law commission sent a report containing recommendations to the law ministry on August 7. Now it is under the Ministry of Law.
The report has suggested that the recommendations of the Hindu Family Law can be enforced by presenting a complete or subject-related law, in the need for reform, the obstruction, and the reforms.
The Hindu community says that according to the recommendations of Hindu Family Law can be applied to the need to present, reform, obstruct, and reform the whole or subject matter law. The recommendations of Hindu Family Law can be applied to the need to present, reform, obstruct, and reform the whole or subject matter law.o family law, they have been traditionally brought up by marriage, maintenance, marital relations, inheritance, donation or will, adoption, childcare and guardianship as per their religious law.
Although marriage registration of Hindus is not mandatory, the recommendations of the Law Commission have said that no law has been made for Hindu marriage registration in Bangladesh so far. But a bill related to this is under consideration in the parliament. The registration was made voluntary without making it mandatory. It is necessary to be mandatory and must be registered within 15 days of the wedding. Otherwise, fine and imprisonment can be made. The condition is that no marriage will be considered legal if it is not registered.
Regarding divorce and remarriage:
It is said that the reasons for the separation of Hindu women’s separate residence have been legalized, it is considered to be reasonably valid for divorce. This separation will be implemented subject to the court’s authorization for specific reasons. And after both the separation is final, both parties can remarry.
The commission recommends many marriages: Without marrying specific rules and not following certain rules, many marriages can be considered as a punishable offense.
Under the current law, the legality of this marriage has been recommended in the Act, although there is no marriage between different castes of Hindus such as Brahmin, Vaishya, Shudra, and Kshatriya.
It is further said that the unconditional right to adopt husband or wife, unmarried men or women and widows can be given. However, the obligation of mutual consent may be added to the husband and wife. In the case of adoption, women and children are told to not discriminate between children.
Regarding maintenance and child custody, it is said that if the husband is unable to earn money due to accident or senescence or reasonable reason, the wife is obliged to take care of her husband if she is well or financially able. Likewise, if the husband and the elderly parents fail to earn their due to their husband’s absence or for a reasonable reason, then the wife should be well and earning wife.
The General Secretary of the Parishad and the Supreme Coat Advocate said that efforts are being made to break Hindu family tradition by reforming Hindu Family Law. This will increase the jealousy and suicides among the Hindus.
The President of the Minority Council believes that there is no need to reform the law if justice is established through the improvement of law and order.
Bangladesh Hindu, Buddhist, Presidium member of Christian Oikya Parishad and Advocate of the Supreme Court said that if the rights of Hindu men and women are broken by breaking the existing family law, oppression of women will increase further. Because then everyone will look at women’s resources.
According to him, although Hindu family law reform in India, there is a great scope of this reform in the context of Bangladesh, and Hindu society is not ready to accept this law at this time.
He said, “In the context of community demands, registration in the bill raised in parliament for registration of Hindu marriage has been made optional. And there is no point in complying with new registrations. “
Meanwhile, in favor of reforming the law, another Presidium member of the Oikya Parishad and a Supreme Court lawyer highlighted the reforms of Hindu law in India, saying, “The law applies equally to all. Other recommendations of the commission, including registration of marriage, can be implemented in phases by necessary judicial analysis.”