969BP : A drafted Buddhist Family Law, 2018 in Bangladesh & Its ominous shade

A drafted Buddhist Family Law, 2018 in Bangladesh & Its ominous shade

                                                JEWEL BARUA
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Recently (20 May 2018) a drafted law has been published in two government websites titled 'Buddhist Family Law, 2018. There are nine chapters, forty-five sections & two schedules in that draft. It was requested by the authority to submit any opinions on that draft within ten days through e-mail. Why so quickly?  We all know, Bengali Buddhists have been bearing such a gorgeous culture & religion with thousands of years long. Is it possible to give an opinion within a short possible time like 'ten days' with sealed 'very urgent'? And the authority also instructed to send those opinions through e-mail. Question is how many of us use e-mail in our rural society? I convey this question to your kind consideration.
However, Buddhist law prevails in all Buddhist majority countries & according to such a precedence, feeling such a law is natural but are we ready to implement a new law where we have an existing law already? Where there is no existance of 'Buddhist Law' in Bangladesh then why this drafted law titled 'Buddhist Family Law' is controversial. Though some very vital points of this draft have become highly controversial given as below:

(1) SOURCE: This drafted law has no source in context of Buddhistic perspectives. We know, every religion has it's law flourished from its holy texts. But it's very pathetic matter to us that this drafted law has no single hint concerning Tipitaka, the holy text of Buddhism. How come? It's a serious point to judge a law in the history of making a law. None can image a law without its source.

(2) UNDEMOCRATIC: Well, we all admit that this drafted law has a deep root with existing Hindu Law. Then, come to the points, Is there any problem with the existing Hindu law? If have, then please find it out. Then go to people for their opinions. If people say that they need to amend the existing law, then amend or if they demand a new law, it is upto them. But it's not upto you. Who gives you 'mandate' to make such a law in an undemocratic procedures. Who? Yes, you can do whatever you like & love in personally, but don't dive your nose to others' matters. A mother will decide about her children's affairs, not their aunt. We don't want your decision upon us.

(3) Majority of the Bangladeshi Buddhists excluded:

This drafted law excluded the indigenous Buddhists in Chittagong Hill Tracts! Out of all Buddhists in Bangladesh (0.7%), the indigenous Buddhists are 0.45% and the rest are Bengali Buddhists (0.25%). So, having excluded this majority portions (0.45%), is it contextual to make a law with the title 'Buddhist' family law?

(4) Controversial Inheritance chapter :

The drafted law has its inherent major faults in its inheritance chapter. It's totally unacceptable because of (a) its imbalanced view of shared properties, & (b) its inclusion of invalid alien customs in our peaceful long practised society. It's totally unacceptable to all of the people that creates huge negative expressions on society we live. It needs to be removed immediately.

I have arranged a direct consult with some intellectuals of all Theravada Buddhist majority countries I.e Myanmar, Sri Lanka and Thailand. They all have said about the inheritance system the same thing. They say 'equal share' to all. They say, "If a husband died, his wife become the guardian and get all belongings. And when the wife died, her children get the equal shares irrespective of sons and daughters." This is the inheritance law practised by Buddhist majority countries which is very easy and interpretative and just as advised by lord Buddha.
But, as to Bangladeshi Buddhists, the situation is totally different. We are not majority in here. So, we have to choose our paths as the right way with people's mandate.

(5) The other sections of the draft :

There are other sections which are very harmful to our minor society. All have the same opinions, if this type of law implemented, then nothing but the chaos will arise that eventually extinct the trifling minority. So, we don't need such situation. Few sections are totally opposite to Vinaya, where Vinaya is considered as the longevity of the Buddha's teachings. 

(6) Therefore, our proposal is as below:

(i) Withdraw the drafted law immediately.
(ii) Take mandate from people about making a law
(iii) Then being got mandate, take decision.

N.B. As the drafted law has no English version, so I exclude any sections of this draft in my article.