The Conflicting Legal Framework of Bangladesh. An Evidence of Women's Property Rights That Demands Unification Without Discriminating Race or Ethnic Groups (eBook)

Doctoral Thesis / Dissertation from the year 2011 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: A +, University of Information Technology & Sciences, course: LLM, language: English, abstract: The objective of this dissertation is to present a coordination of conflicting dynamics of the legal framework for women’s land rights in Bangladesh along with the consequential factors that generate discrimination among male and female. The constitution of Bangladesh has confirmed equal rights for all citizens without discriminating religion and gender, but the prevailing legislation for land and inheritance law has failed to ensure equality and justice. The ethnical groups in Bangladesh are Muslim, Hindu, Christian, Buddhist, and other minorities; all of them are individually religion biased inheritance law, which have deprived and discriminated women. Such religion based inheritance laws are not only conflicting with the constitutional principles, but also violated the constitutional supremacy.

This study identified that the introducers of the religions are the representative of patriarchy and they kept their gender interest on land by depriving and discriminating the females. The common consent of all the religions are the discrimination between male and female for land rights is a universal norms made by the God, they would like to validate their favouritism and inequity by keeping provision of getting equal heavenly glory in the eternity for females who obey religion orders. The women’s advancement in education and knowledge has given them sense, that life out of life does not carry any meaning, they demand equal rights in the earth- not to the heaven.

This study also acknowledged that no religion based inheritance law could ensure women’s equal property rights; thus, it is essential to introduce uniform property law for all citizens of Bangladesh based on gender equality that the original constitutional principal ensured regardless to the class, colour, race, and ethnic group.