According to a Bangladesh Bureau of Statistics report, there are about 16 million disabled people in Bangladesh, equivalent to approximately 10% of the total population.
In our society, it is often seen that a disabled member of a family is frequently humiliated by their family and society in general, and is subjected to numerous social deprivations. Moreover, the tendency to deprive such people of property is a very normal phenomenon in our society. Even though other religions have granted such persons the right to property, Hinduism has stripped them of their portion of the property entirely.
In Bangladesh, the majority of Hindus follow the Dayabhaga School of Hindu Inheritance. It is explicitly mentioned in this school that anyone who is a maniac, an imbecile, or has physical infirmities shall be barred from inheriting property. It is to be noted that the Hindu Inheritance Act of 1928 significantly altered the policy of deprivation in Hindu inheritance. According to the terms of that law, no one in Mitakshara’s school can be deprived of their inheritance owing to physical or mental disabilities, other than intrinsic insanity from birth.
This act further states that it does not apply to anyone who is subordinate to the Dayabhaga School of Hindu Law. The fact is that this amended rule, which was enacted in 1928, did not benefit Hindus in Bangladesh, seeing as they follow the Dayabhaga doctrine.
In accordance with the Bangladesh Hindu Law Reform Council, women, children, individuals with disabilities, and people of the third sex are discriminated against and deprived in many ways under Bangladesh’s traditional Hindu law. As stated by articles 27 and 28 of the constitution of Bangladesh, every citizen of the country is equal before the law.
Furthermore, the constitution mandates that any law inconsistent with fundamental rights be repealed. Also, the fact that the two Hindu groups have their own set of rules has resulted in frequent clashes with the laws issued by the courts. Under the prevailing Hindu law, people with disabilities or incurable diseases are precluded from inheritance, which is a threat to fundamental rights.
By reforming this law, this council has demanded to establish equal rights for all people. The bitter truth is that Hindu law has evolved over time in India, Nepal, and Mauritius. However, no administration in Bangladesh has taken on the challenge of amending Hindu law since the country’s independence.
Besides this, the Hindu Law Reform Council stated that, when it comes to processing matters following the state law, it conflicts with the current Hindu law, adding that Hindu legislation in Bangladesh is not a codified religious law.
Following the reformed Hindu Inheritance Act (Removal of Disabilities) 1928, the supreme court of India held in PS Viswanathan vs The Union of India on February 15, 1990, that a disqualified heir, who was congenitally a deaf-mute, became, by birth a coparcener of his father. According to the Hindu Mitakshara school of law, even congenitally blind people are not barred from inheriting property. In addition, India passed the Rights of Persons with Disabilities Act in Rajya Sabha on December 16, 2016.
Once again, in Bangladesh, a National Coordinating Committee on Disability Affairs was established by the Ministry of Social Welfare in early 1993. The United Nations General Assembly formally ratified the Convention on the Rights of Persons with Disabilities (CRPD) on December 13, 2006, making it the first human rights accord signed on behalf of people with disabilities. Bangladesh became a signatory to the CRPD on May 9, 2007, and it was approved on November 30, 2007.
Prior to approval, the Bangladesh Disability Welfare Act of 2001 was the first national law dealing with disability issues.
In spite of various national and international legislation and initiatives, human rights violations against Hindu disabled people are still a prevalent occurrence. Despite the fact that several Hindu grand coalitions marched for the amendment of the Hindu Women’s Inheritance Act, no one was seen speaking out about the rights of these disabled people. Hindu law was also enacted during the Vedic period, when one-sided customs ruled society.
On the other hand, the current social system is moving in the opposite direction. People now have the freedom to go around, speak their minds, and recognize their own rights. As a result, significant changes in Hindu law have occurred over time, beginning with the eradication of Satidaha practice. However, even today, people are losing their moral rights due to its remnants. For this, various national and international legislations need to be implemented to enforce the “zero tolerance” stance on any form of torture.
Therefore, all government and non-government organizations that engage with people with disabilities should prioritize assisting them in improving their skills and their families’ financial well-being. Furthermore, in the case of a torture or rights incident, the victim and their family should be educated on how to pursue legal action as soon as possible.
Nevertheless, the most difficult challenge we have to take up is where our government wants to remind the state that we are a signatory to the UN Convention on the Rights of Persons with Disabilities. Further, articles 15 and 16 of this treaty indicate unequivocally that all required legislative, administrative, judicial, and other policies and actions for people with disabilities should be based on equality. On top of that, they will be able to solve many difficulties independently after they learn how to save their lives.
The most significant factor is determining how to improve understanding and empathy for disabled citizens.
Finally, to reform this Hindu practice, Hindu coalitions, institutions, Hindu human rights organizations, and Hindu scholars must come forward. There is no other option than to amend the present law in order to promote justice, equality, and dignity without depriving anyone of their human rights, and in the interest of the Hindu community and the country.
Apurba Mogumder is a student, Department of Law, North South University.
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