On my visit to Bangladesh
in January 2012, I came across two books on civil laws that directly affect
the Christian community in Bangladesh. These two books deal with laws that were
not available in print to the public until their recent publication. The
British, when ruling the greater India (present India, Bangladesh and
Pakistan), had codified these laws.
I present below some details on these
books.
1. Ain Shohaika (a helpful guide to laws) by James
Hilton (Dhaka: Shalom Foundation, Road 17, House 12, Nikunja-2, Khilkhet,
Dhaka-1217, Bangladesh; 2011; Price Tk. 200=US $ 2.50).
Since the printed version of the laws, affecting the Christian community,
are not available, Christians, in general, were ignorant of their rights and
responsibilities codified in the civil laws regarding their marriage, divorce, and
succession. The author of this book says that in law, ignorance is not bliss,
it is neither an excuse. That’s why James Hilton’s book has filled a long-time want
for the first time. In the future, these laws need to be extensively analysed and
interpreted by competent persons for a better understanding of them by the
Christians as well as lawyers.
The Content of the Book: The first part of the book, written
in Bengali, gives a synopsis of the specific laws affecting Christians (Christian
Marriage Act of 1872, Christian Divorce Act of 1869, Christian Succession Act
of 1925, and The Evidence Act of 1872, The Foreigners Act of 1946). It also
briefly gives some additional information on other relevant laws -- enacted in Pakistan
and Bangladesh periods -- (e.g. the effect of conversion on marriage; Muslim
Family Laws; Muslim Women and Divorce; Hindu Family Laws; Garo Family Laws;
The First Information Report (F.I.R.); Granting Bail; Defamation; Crimes
Related to Religions; Bangladesh Penal Code; Laws Relating to Sale and Purchase
of Land; General Diary (G.D.); Muslim Family Laws, Domestic Court and Abuse of
Women; Trial of Complaint; State Acquisition and Tenancy Act; Pre-emption; and Enemy
Property.
The second part of the book provides the original codified laws in English (Christian
Marriage Act of 1872; The Divorce Act of 1869; and The Succession Act of 1925).
James Hilton, the author of this
book, belonging to the Baptist Church, has an M.A. in History and Bachelor of Laws (LL.B.) degree from Dhaka. He
was a long-time government civil servant both in Pakistan and Bangladesh
periods. He served as a Deputy Magistrate and Collector, and later as a Magistrate
in different districts and sub-divisions and rose to the status of a Joint Secretary
in the Secretariat in Dhaka before his retirement in 1991. He was then the Executive
Director of World Vision of Bangladesh for six years and a Regional Consultant
for Asia-Pacific Region of World Vision International for one-and-a-half years.
Later he has been volunteering his services for several Christian religious and
social service organizations in Dhaka.
2. Christan Uttoradhikar Ain (Christian succession laws) by Advocate Paul D’Costa (Dhaka:
Heaven & Holy Prakashan, 165-A First Rajabazar, Tejgaon, Dhaka-1215; 2011;
Price: Tk. 270=U.S. $ 3.35).
This 183-page book in Bengali has
been written based on the Succession Act of 1925. It also provides analysis
and interpretation of the laws.
The Content of the Book: This book includes the Succession Act of 1925, Intestate
Succession, Rules in Cases of Intestate Other Than Parsis, Distribution Where
There Are Lineal Descendants, Distribution Where There Are No Lineal
Descendants, Christian Succession Act in Bangladesh, Relations Among Christian
Successors, Wife’s Portion in the Succession Act, Children's Share in the
Succession Act, General Questions on This Act, Garo Succession Laws, Deficiency
of the Succession Act and Reflections on It, and Interview of Other Christian
Lawyers and Experts on the Christian Succession Act.
This book is an important addition in
the published law books in Bangladesh and Christians now have an easy access to
these laws.
Paul D’Costa, a Roman Catholic, has an M.A. and Bachelor
of Laws degrees from Dhaka. He has been writing for various journals and
publications. He has written two other books, Doinondin Jiboney Ain Shohaika (Helpful guide to laws in daily life)
and Unnoyon Protiti (An insight into development). He is a practicing lawyer and
a notary public. He is also involved as a legal adviser to some Christian organizations
in Dhaka.