Reformation of Hindu law

Hindu law is law of hinds, here Hindu means the persons who believes themselves as the follower of “Sanatana” religion and some other religious group like Jain, Shikh, Budhdhists etc. As we know the religion is thousand years old as a result it is too spread and too huge and so far not unified.

This personal law might be suitable and well stabilized in that time for that society but nowadays our life style and society is very much changed so some part of “Hindu law” is quite controversial with our present law as well as our legal sense. So I think Hindu law need to be reformed. The concept of reformation is not very new so,I am going to discuss my points excluding the previous reformation.

Cast system: According to article 27 and 28 of Bangladesh Constitution every person is equal before law and “no discrimination on the grounds of religion, race, sex, cast or place of birth”. But in Hindu law these discriminations are extreme in every sense. So the Cast system must be reformed as it is directly violating Fundamental Rights of our constitution.

Age of marriage: There is no minimum age of marriage according to Hindu law. Where the both bright and groom is minor the mirage is valid. Though the “Majority Act, 1875” and the “Child Marriage Restraint Act, 1929” fixed a minimum age for both boys and girls but the Hindu law of Bangladesh mentioned that “these laws doesn’t apply to Hindu marriage” and that is obviously irrigative. It is very important to marry in perfect age when a person understand his present situation more importantly for a girl for her congeal life, It might be life risk if a girl got pregnant before eighteen.  Apart from this they give birth to weak and under developed offspring because the bodies of girls under 18are not fully developed.

Compulsory marriage registration: We should introduce a new system of compulsory marriage registration.  In many cases Hindu widow or the Hindu abandon wife failed to prove their marriage so they fail to get maintenance as well. This type of marriage registration can solve many problems like inherit husband’s property; prevent husband to re-marry or polygamy and other rights.

Divorce: When the question of Divorce comes the Hindu law deny it at first point because they believes marriage is a sacrament it is an indissoluble union of flesh with flesh , bone with bone, It complete a man. Ancient Hindu law does not allow dissolution of marriage however painful cohabitation may be. But divorce must be implemented in Hindu law. In some case it is impossible to live with a man/women or a family.

Polygamy: Under Hindu law polygamy is admitted which must be stopped or impose strict condition like present Muslim law otherwise it will create a social digester and make Hindu women helpless.

Though Hindu law has some difficulties with our present social structure it has some very nice concept also like Maintenance, Adoption etc. I hope if we able to reform the law with upon described point Hindu law will be more comfortable for the Hindus of Bangladesh

Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promotes legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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  • GAYATHRI J CHOTHAR 15BLB1045

    check Hindu marriage act,1955 , section 5(iii)- min age is compulsory for marriage

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