REVISITING JIMUTAVAHANA: THE DAYABHAGA AND THE EVOLUTION OF HINDU WOMEN’S PROPERTY RIGHTS IN MODERN BANGLADESH

The paper investigates the historical and legal trajectory that Hindu women’s property rights have undertaken within the context provided by the ‘Dayabhaga’ authored by the medieval legal scholar Jimutavahana. The article introduces the biographical details of Jimutavahana, proceeds with the importance of his works and covers the basic principles of the Dayabhaga. Compared to other contemporary texts such as the Mitakshara, emphasis is given on women’s ownership rights, including inheritance, especially in Bengal. The paper considers the colonial period to be an important turning point in British legal intervention in the interpretation and codification of Hindu law. This period witnessed the modification of women’s property rights under colonial legal principles. The article moves on to postcolonial developments when India and later Bangladesh navigate the legacy of colonial law, with particular attention to the continuity and evolution of women’s property rights in independent Bangladesh. The issues of discriminatory inheritance laws, deep-rooted social norms, patriarchal attitudes, lack of legal awareness, and socioeconomic dependence are discussed, considering them major obstacles to equality and justice for Hindu women. This paper argues convincingly for comprehensive legal reforms in Hindu personal law like India, alternatively, a Uniform Family Code protecting every woman’s equality, and active advocacy by civil society. Basically, behind all the arguments raised in this paper is the urgent need for legal reforms that would give Hindu women a fair share of their property and find a voice for an equitable and just society in Bangladesh.