For 20 long years, Kanon Bala Das was married to a man who suddenly disclaimed her and her two children to marry another woman.

As there are no laws for the Hindus to register or have any official document during marriage, Kanon, who was married off as per Hindu traditions, can neither prove her marriage and file for a divorce nor take any legal help. Her children face questions regarding their identities especially when they need to fill in forms to sit for exams. Because of the stigma surrounding her, Kanon’s parents have also disclaimed her and her children.

As she narrates her sad plight, she wails, “Where should I go? To a brothel? Because the stigma I face is just as debasing as belonging to one? He can disown me and marry again but I cannot because there is no scope for divorce or a remarriage that can be secured through registration.”

Human rights advocate Rabindranath Bishas says, “Given that there are no laws regarding registration, divorce and property rights of the Hindus, we cannot provide any legal advice and assistance. There has been a case of a woman who had married again, however she has no legal papers, so she cannot divorce her first husband and cannot legalize her second marriage.”

But this is not the only problem that the Bangladeshi Hindu women face in their day to day lives.

Torulota Rai tells the most heart rending of tales. She was married off at 13 years of age, a year later she gave birth to a boy. Her husband convinced her mother to entitle him to all of her family’s property. 

Eventually when there was nothing else to take from her and her family, he left her and married another woman. Not only has he rid her off all her property and disowned her, he is now threatening to take away her only son. She had to hide the boy away at her uncle’s house.

Because there is no law for the protection of Hindu women, she cannot take any legal help either. “I have given up hopes for my marriage and property but I want to keep my son, I do not want him to bear his father’s name, I want him to bear my name but there are no laws or acts to grant me that.”

Shaheen Anam, executive director of Manusher Jonno Foundation (MJF) says: “For a long time various rights based organizations have been working to ensure the rights of the Hindu minority.”

In the early ‘80s many progressive lawyers began their work to reform the conventional Hindu law, discussing it with lawyers, social-scientists and others who are directly involved with the problem.

The MJF later conducted surveys of its own in various places across the country. The aim was to find and record effects of the lack of laws on Hindu marriage registration, divorce and polygamy on the women and their children.

Eventually 10 nongovernment organizations that deal with women and human rights issues and a few individuals came up with a “Hindu Marriage Draft Law 2011”, which was presented to the Ministry of Law.

Barrister Shafiq Ahmed, Minister of Law, Justice and Parliamentary Affairs, says: “I have been an avid supporter of the Hindu Marriage law from a long time. However, as the government have stated, it will not pass any law that is confrontational with religion.

The Hindu Marriage registration law will be passed but the divorce and property laws will require further investigation and review.” He adds that the government has discussed the matter with legal experts, Hindu scholars, and lawyers for formulating a Hindu marriage registration law.

Rakhi Das Purokayostho, organizing secretary of Bangladesh Mohila Parishad empathizes, “It is often the case that when women’s right is the issue, religion is brought into it: A woman always faces questions of virtues and righteousness. This is why it is necessary that the state be involved to ensure these basic rights.”

In the draft, a man or a woman can file for various reasons including change of religion by either the husband or wife; violence; physical or mental illness; and if the husband or wife has been absconding for at least four years.

Groups are also demanding that there should be punishment for breaching the registration law, for instance a fixed amount of fine or jail time.

Ahmed also says the government could make a separate law so that Hindus, Buddhists and Christians like Muslims can avail of the “Declaration of Gift” ― which allows one to bequeath their daughters with property.

He also says the government has formed tribunals at district level to deal with the vested properties in order to protect the rights of the religious minority over their lands.

It is clear from the law minister’s comments that ― if the state refuses to address issues that affect religious sentiments ― the draft to be passed will take longer than it should as property rights and divorce rites are deep-rooted issues that won’t be easy to undo.

By Sharmin Ahmed

(The Daily Star )