Bridging the gender gap in trust governance, legal reform, and women’s empowerment in Bangladesh’s Trusts Act 1882

Abstract Section 60 Explanation 1 of the Trusts Act 1882 in Bangladesh disqualifies married women from acting as trustees unless permitted by the beneficiary’s personal law, a provision rooted in colonial-era patriarchal norms. This article assesses the historical rationale, legal implications, and alignment of this restriction with Bangladesh’s constitutional guarantees and international human rights obligations, especially in relation to the Convention on the Elimination of All Forms of Discrimination Against Women. Through an extensive comparative analysis, it examines trustee eligibility frameworks, highlighting lessons for reform. Addressing key research questions, the study identifies gaps in empirical and comparative research and proposes legislative, judicial, and societal reforms to align the Trusts Act 1882 with contemporary gender equity standards. The analysis underscores the urgent need to repeal this anachronistic restriction to empower women in fiduciary roles and advance Bangladesh’s commitment to equality.