Constitutional Interpretation and Gender Equality: Analyzing the High Court Division's Landmark Decision on Maternal Guardianship in Bangladesh
DOI:
https://doi.org/10.24252/al-daulah.v13i2.54178Keywords:
Verdict, Guardianship, Custodian, Single Mother and Mother's GuardianshipAbstract
Research Objective. This research examines the significant ruling issued by the High Court Division of the Supreme Court of Bangladesh on January 24, 2023, which recognizes mothers as legal guardians of their children. The study analyzes this major shift in family law from traditional frameworks that recognized fathers as primary custodians to a system that underscores equal maternal rights in child custody and care matters. Research Methodology. The methodology employs comprehensive socio-legal analysis combining doctrinal legal examination, case law analysis, and interdisciplinary perspectives. The research utilizes multiple analytical approaches to examine statutory provisions, constitutional articles, and judicial precedents, integrating sociological and psychological perspectives to assess broader societal implications. Results. The Court's ruling represents a fundamental transformation in Bangladesh's family law tradition, establishing legal precedent for maternal guardianship rights. The analysis demonstrates a documented shift from patriarchal custody norms toward gender-neutral guardianship frameworks aligned with constitutional principles of equality and non-discrimination. Findings and Implications. The research reveals multidimensional implications across legal, social, and psychological domains. Legal implications establish constitutional recognition of equal maternal rights in custody decisions. Social implications demonstrate the transformation of traditional gender roles and women's empowerment within family structures. Individual implications include tangible impacts on maternal rights, enhanced parenting choices, decision-making authority, and improved access to education and healthcare services for mothers and children. Conclusion. This landmark ruling represents a pivotal moment in women's legal status evolution within Bangladesh's family law system, fundamentally altering traditional structures by challenging patriarchal norms and highlighting the changing role of women within legal and societal contexts. Contribution. The study provides comprehensive documentation of landmark family law transformation, contributing to legal scholarship, gender studies, and social policy development by demonstrating how judicial decisions catalyze broader social change. Limitations and Suggestions. The research recommends additional legal reforms necessary to protect children's rights and addresses implementation challenges, suggesting comprehensive policy amendments to ensure effective transformation of family law practices in Bangladesh
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