Are the legal rights and protections that mothers have in Bangladesh sufficient?

It is time to acknowledge that motherhood is not a walk in the park. Photo: Courtesy

Being a parent is one of the most difficult parts of our lives, as it comes with a great responsibility of raising a child and is often full of sacrifices, particularly for a mother, even if we ignore the physical changes a female body has to go through when giving birth.

Though parenting is a task that is typically shared by two people, not every woman is lucky enough to find a partner who will share the load. While it may feel like the most satisfying job in the world, it is time to acknowledge that motherhood is not a walk in the park.

While some mothers can rely on family and friends, many find it hard to achieve or just do not have that support system for time-off, which is essential for every single mother in the world.

Let us appreciate and express gratitude for all the sacrifices and hard work that our mothers, and also our motherland have made for us. Maa, Mother, Mom, Ammu, Amma, Mamma, Mommy, Ammuji are words that are the epitome of love, care, and sacrifice and they are and always will be the reason behind our existence in this beautiful motherland – Bangladesh.

This day is dedicated to all mothers and motherly figures who have raised and nurtured their children with much love and dedication. It is also a good time to reflect and become aware of the legal rights and protections that mothers currently have in our motherland which is now #SmartBangladesh.

Mothers in Bangladesh have several legal rights, which include:

Maternity leave: One of the most important is the right to maternity leave. Under the Bangladesh Labour Act of 2006, female workers are entitled to 16 weeks of maternity leave, with full pay. This leave can be taken before or after the birth of the child, and can be extended up to six months in certain circumstances.

In addition to maternity leave, mothers in Bangladesh also have the right to breastfeed their children in public. The Bangladesh Breastfeeding Foundation has been working to promote breastfeeding as a natural and healthy way to feed infants, and has been working to raise awareness of the importance of breastfeeding in public places.

Child custody and child support: In the case of divorce, the legal provisions of Family Courts Ordinance, 1985 and Guardians and Wards Act, 1890 generally grants a mother the right of custody until the age of seven years in case of a male child, and up to the age of puberty in case of a female child.

This right is however, not guaranteed nor exclusive as this right of custody may be lost if the mother remarries another person, or

·         If she goes and resides at a distance from the father's place of residence

·         If she leads an immoral life (I am not sure what it legally means in today's world)

·         If she neglects to take proper care of the child

Mothers in Bangladesh also have the right to child support, if they are separated or divorced from the child's father. A father is legally required to provide financial support to the mother for the upbringing of their child. The Bangladesh Women's Development Policy of 2011 recognises the importance of child support for the well-being of children, and provides guidelines for the calculation and payment of child support.

This right over the years has been ensured by the inherent powers of family courts who determine the entitlement of a party to the custody of a child, not limiting it to mere observance of the age rule or other exceptions, but rather the paramount consideration has been the welfare and best interest of the child.

However, it is a more challenging and a lengthy battle for a non-Bangladeshi mother, and her rights depend on various factors such as her marital status, the nationality of the child, and the applicable laws of the country where the custody case has been filed and so on. 

Inheritance and Property Rights: Under Muslim law, a mother is entitled to inherit from her deceased son's property and from her parents and husband. But in reality, many face challenges in exercising this right due to patriarchal and traditional attitudes, and cultural norms that prioritise male inheritance. 

This can limit a mother's ability to provide for her children and maintain financial stability. In terms of property ownership, a mother in Bangladesh has the same rights as a father. She can sell and transfer property just like any other property owner.

Protection for mothers from domestic violence: Mothers in Bangladesh face barriers in accessing justice for cases of domestic violence and sexual harassment. While the Domestic Violence (Prevention and Protection) Act 2010 prohibits any form of domestic violence against women, including mothers, many are unable to access the justice system due to poverty, social stigma and lack of awareness of their legal rights.

Guardianship: Parenting is defined by sacrifices and struggles that you endure raising a child, even when two people share this responsibility, but when it comes to a single parent the challenges double up. A recent landmark judgment of 2023 held that mothers can now be the sole legal guardian of their children. 

This progressive and revolutionary judgment has removed the mandatory rule of educational bodies and institutes to name "the father" during admission. A single mother as a legal guardian can now get her child admission in schools and not be discriminated against for being a single mother.

Motherhood is rewarding and while that is true, one must remember that it is not an easy journey. It can unfortunately feel harder due to burnout or fatigue, irrespective of whether the mother is working, single or a stay-at-home mother. There are many conflicts and pressures that mothers go through that others may not experience firsthand. 

Balancing work and leisure time can be difficult for all mothers, as it is a twenty-four seven job without any holidays or leave. Therefore, exercising legal rights when necessary should be made a lot easier today than before.

Much work needs to be done to improve the legal rights and protections, as many laws date back to as early as the 1800s and are insufficient for today's world, when mothers have been contributing towards our economic growth. 

Till today, there are many challenges in gaining custody and child support in cases of divorce or separation, while many female workers in various sectors are deprived of their maternity benefits and continue to face legal barriers when demanding gender equality that in reality limit their potential opportunities. 

It is a dream for every mother in #SmartBangladesh to be equal in all aspects of life – be free from any form of abuse and have the freedom to live a financially independent life with respect and dignity.

Tasnuva Shelley. Sketch: TBS

Tasnuva Shelley is the Founder & CEO of Legalized Education and the Head of Chambers, Justicia Legal Minds.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.