WOMEN'S ACCESS TO PROPERTY IN BANGLADESH

Abstract

This paper critically examines the legal, social, and institutional barriers affecting women's access to property in Bangladesh, focusing on the challenges faced by Muslim and Hindu women under personal and statutory laws. The study begins by analyzing the legal framework governing women’s property rights, exploring the interplay between constitutional provisions and personal laws such as the Muslim Personal Law (Shariat) Application Act, 1937, and Hindu inheritance laws. Using India’s Hindu Succession Act, 1956 as a comparative framework, the paper highlights the disparities between Bangladesh and neighboring countries in terms of legal reforms aimed at promoting gender equality in property ownership. The research also discusses key case laws, including Fatema Khatun v. Md. Aminul Haque (1983) and Bipasha Rani Das v. Bharat Chandra Das (1997), to illustrate how the courts have addressed women’s inheritance claims and the limitations of the legal system. The paper concludes with several policy recommendations, including the need for legal reforms to harmonize personal laws with constitutional rights, the adoption of gender-sensitive land policies, and increased awareness and accessibility for women in rural areas. These reforms are essential for ensuring that women in Bangladesh can fully exercise their property rights and for promoting greater gender equality in property ownership. The study also identifies areas for future research, including the impact of international human rights standards on domestic legal reforms and the lived experiences of women in marginalized communities.