The High Court on Monday questioned a customary law of the Hindu religion that deprives the Hindu females or daughters of inheriting property of father.
The court issued a rule asking the concerned bodies of the government to explain as to why the customary law and usages of Dayabhaga School of Thought of Hindu Religion so far relates to depriving the females or daughters of inheriting property (movable, immovable or any other form) of father in discriminating with the male heirs or descendants shall not be declared to have been unconstitutional.
Law secretary, cabinet secretary, religious affairs secretary, Hindu Religious Welfare Trust, third court of joint district judge in Dhaka and others respondents have been asked to comply with the rule within one week.
The High Court bench of Justice Mamnoon Rahman and Justice Khandaker Diliruzzaman passed the order after hearing a writ petition filed by a Hindu woman, Anannya Das Gupta, challenging the customary law.
Barrister Khairul Alam Choudhury appeared for the petitioner, while deputy attorney general Bepul Bagmar represented the state.
Later Mr Khairul Alam said, “After hearing the petition the High Court has issued a rule. But the court will appoint some amici curiae (friends of the court) on the next hearing date, February 20, for expert opinion on the issue.”
According to the writ petition, Anannay’s father Asoke Das Gupta was a renowned businessman of the country and former vice chairman of the One Bank Limited. Asoke Das Gupta passed away on December 13 in 2020.
At the time of his demise Mr Asoke Das left his wife Rakhi Das Gupta, one son Anirban Das Gupta, and one daughter Anannaya Das Gupata.
Asoke Das Gupata was the holders of huge amount of shares of the One Bank Limited and Navana CNG Limited. At one stage Mr Asoke transferred all the shares he would hold in One Bank to his daughter except 2.0 per cent in his own hand, said the petition adding that he had also nominated her daughter, the petitioner, for those 2.0 per cent.
However, Anannay’s brother Anirban Das Gupata on March 15 in 2021 filed a succession case with a court in Dhaka for succession certificate in his favour in respect of total shares of Asoke Das Gupta as per the Dayabhaga School of Thought of Hindu Religion, which is now pending in the trial court.
In the meantime Anannya Das Gupta filed the writ petition with the High Court challenging the customary law and usages of Dayabhaga School of Thought of Hindu Religion so far relates to depriving the females or daughters of inheriting property (movable, immovable or any other form) of father.
