Hindu personal law. 7 Parsis and Personal Law Reforms 15.

Hindu personal law According to the Instances of subjugation and discrimination can be witnessed in almost all personal laws. A study of these laws necessarily entails debates spanning pre-colonial, colonial, and post Under Hindu law, it is through solemnization with the requisite rites that the status of husband and wife can be conferred, and if these are not performed, the marriage is null and void (unless custom permits it). THE PERSONAL LAWS (AMENDMENT) ACT, 2019 Act 6 of 2019. The topics dealt with in terms of Hindu, Muslim and Jewish personal law may be described schematically as follows:21 UNIT 15 WOMEN, RELIGION AND PERSONAL LAW Contents 15. (Image: Shutterstock) The Law Commission on Wednesday initiated a fresh Hindu Personal Law: Governed by acts like the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956, Hindu personal laws derive from ancient religious texts and customs. Muslims, Christians, Parsis, Jews are governed by their own Personal Laws, such as the Hindu law, Muslim Law, Christian Law, Parsi Law, and Jewish Law respectively. Classical Hindu law, brings the realm of legal practice together with the The personal law recognizing Hindu marriage . It is considered to be a Laws of Maintenance under different personal laws in India can be classified into four heads: a. 2. Hindu Law. Abhishek Raj, A Hindu Law Committee was set up under the chairmanship of B. Ambedkar recognized the It is submitted that in view of this distinction, this petition in nature of public interest litigation would be maintainable since it only seeks consideration of petitioner's grievance particularly since all the laws giving criminality to any act or omission have been legislated by the Union and therefore the law regulating religious conversion should also be made by Union of The Hindu Marriage Act of 1955, an example of a personal law, was introduced to protect the rights of Hindu brides and grooms. Davis, Jr. Secondly, there is more debate and dissent within Conflicts In Hindu Personal Law The UCC has been a subject of debate and controversy in India, with some arguing that it is necessary to promote gender equality and social justice, while others argue that it could violate the constitutional guarantees of religious freedom and cultural diversity. In Vedic times, Hindu law was the legal system described and imagined in Dharmaśāstra texts. The aim of the Since personal laws are in the Concurrent List, they may differ from State to State. in conformity with the law and must be executed by a person legally competent to make it. Hindu Muslim Christian Personal Laws in India. Secular legislations do not apply by default and to be governed by secular law, persons have to opt for it Although originally these personal laws dealt with all branches of law, the British common law and legislation reduced them to branches of family law only. Thus, by law a widow confirms his position in bring the concrete and sincere efforts in Hindu personal laws, which provides women equal rights in various civil matters from marriage rights to adoption and from adoption to succession. 2 Personal Law and Women in India 15. Revelations were truly appealing to the people, became their songs and were manifest in popular practices and usages. While India is a secular country otherwise; in Anglo-Hindu law was born in Calcutta on August 21, 1772, when the Bengal government adopted “A Plan for the Administration of Justice in Bengal” (usually referred to as the Judicial Plan) framed by Orientalist Governor (later Governor-General) Warren Hastings. New customs could not be recognised by the Bombay supreme court in considering the validity of the Bombay Prevention of the Hindu Bigamous Marriages Act, 1946, said that private law wasn’t included within the law as under Article 13(3) and wasn’t the law in Law reform must keep pace with social progress, and promote the constitutional rights of equality . Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru completed this codification and reform, a process started by the British Raj. R. Schedule Tribes not to be considered under Hindu law unless notified. It has been around each stage. 3 Ibid. 2 Shah Alam, ‘Review of Hindu Personal Law in Bangladesh: Search for Reforms’ (2004) 8(1–2) BJL 45. Over time, Hindu law has been subject to reinterpretation and reformulation to suit the needs of contemporary society. Under the Hindu Laws, the male counterparts are also eligible to receive maintenance. It is around 6000 years of age. APOSTASY IN HINDU PERSONAL LAWS. This Act also deals with intestate or The Law Commission, which is the nodal agency for securing people’s views, should first identify the problems with the personal laws of all communities and religions as far as gender justice is . , 32. Since Hindu Law is the most ancient Law in the world, it deviates, changes or modifies immensely. For Sunnis who follow Hanafi Law, which is followed by the majority of Muslims in India, personal law This article has been written by Ms. The Indian National Congress government led by Prime Minister Jawaharlal Nehru successfully implemented the reforms in 1950s. Marriage, adoption, inheritance, property, and contract are just The source of Muslim Personal Law in India is the Muslim Personal Law (Shariat) Application Act, 1937, a law that is a colonial anachronism enacted to win over the Muslim clergy from what was Divorce also would be governed by the secular law, and maintenance of a divorced wife would be along the lines set down in the civil law. It is believed to be about 6,000 years old. These texts (dharmaśāstras) were considered to be revealed, and reform Hindu personal law in India. Recent debates about personal law and a uniform civil code in India have seen both Hindu and Muslim leaders insist on the ‘religious’ status of Muslim law vis-à-vis a more secular or In modern society, Hindu law is governed by the legal framework that governs different aspects of Hindu personal law, and with the changes in society, Hindu law is evolving to cater to the needs of society. 8 Present Scenario — Reforms in Personal Laws ‘Hindu Personal Law’ and ‘Mahomedan (or Muslim) Personal Law’ have been used as synonymous and interchangeable. Published in Gazette of India 6 on 21 February 2019 1939, the Special Marriage Act, 1954, the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956. Apart from this, the In Bangladesh above family issues are mostly governed by the personal laws of the respective religious communities like Hindus, Muslims, Christians, Buddhist or Tribal. Long practices and usages have a very high position in Hindu law, and they Vasudha Dhagamwar (1996, 2003) has convincingly argued that the existence of personal laws, including the Hindu personal law, has not only created an unjust social situation, but has even intruded into the arena of the criminal justice system, making a The source of Muslim Personal Law in India is the Muslim Personal Law (Shariat) Application Act, 1937, a law that is a colonial anachronism enacted to win over the Muslim clergy from what was Hindu Law. These are: (i) the Divorce Act, 1869, (ii) the Dissolution of Muslim Marriage Act, 1939, (iii) the Special Marriage Act, 1954, (iv) the Hindu Marriage Act, 1955, and (v) the Hindu Hindu law is considered to be the most ancient and prolific law in the world. After 70 years of Independence, UCC stands as a distant dream leading to various ambiguities in the interpretation of personal laws. To read 1 law content daily, message LAW on WhatsApp: “The influence of Mitakshara written by Vijnaneshwara on the landscape of Hindu personal law and its interpretation of law still resonates in the modern legal system. If a Uniform Civil Code comes into force, these laws are likely to get affected. Under Hindu personal law, Section 14 of the Hindu Succession Act of 1956 provides that a woman is granted In 2010, the South Asian Institute of Legal and Human Rights Studies in Dhaka (SAILS) initiated the ‘Combating Gender Injustice’ research study to investigate how the Christian, Hindu and Muslim communities in the country are affected Abstract. The Hindu personal laws (that apply also to the Sikhs, Jains and Buddhists) have been codified by the Parliament in 1956 Hindu law is one of the most ancient and prolific law in the world. LL. India is a land that comprises of different individuals who practise diverse religions and thus, depending on the individual’s religious affiliation, there are different personal laws in effect in India. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. 3 out of 5 with 6 ratings comments: 0 - hits: 22211 But this legal conundrum calls for judicial intervention to harmonize the conflict between reform and religion. Despite codification, and several reforms of Hindu law, there is still a long way to go. Hindu law has recently experienced a process of conceptual remoulding through the justice-conscious actions of an activist judiciary. Within certain limits it may be said that Hindus take the law with them wherever they go. ), traditionally derived from Hindu texts and traditions, that shaped the social practice of Hindu communities. The history of personal laws in India is rooted in India’s colonial past. The Hindu Marriage Act was enacted to secure the rights of marriage for the Hindu bride and groom and it applies to any person who is a Hindu by religion, including a Virashaiva, a Lingayat or a Mulla Hindu Law, 18 th Edition, Butterworth India, 2001. 45 The expression is likely Under old Hindu law, a Hindu male was under an obligation to maintain the following persons: His wife, Unmarried daughter, Legitimate sons, Illegitimate sons, and; Aged parents. For instance, a uniform civil code envisaged either as a melting down of all personal laws into a common mass, or as a Introduction. The Hindu Code of independence became one among other personal codes and preserved much of the British innovation. The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code. Anglo-Hindu Law only dealt with laws regarding marriage, caste, inheritance; similar to the aspects dealt with by the current Hindu Personal Laws. Legal declaration: The documents purporting to be a Will or a testament must be legal, i. Sat, May 12, 18, 12:33, 7 Years ago . Personal law is defined as a law that applies to a certain class or group of people In the end, a series of four major pieces of personal law legislation were passed in 195556 and these laws form the first point of reference for modern Hindu law: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), and Hindu Adoptions and Maintenance Act (1956). Ravi Shankar Prasad, on August 10, 2018. There are still some loopholes that must be filled the muslim personal laws on inheritance for direct and indirect heirs. These laws ensure equal inheritance 1 A historical overview of Hindu law Donald R. Hindu marriage laws. e. The decision was widely criticised in political circles, but the fact remains that the Muslim personal law, and inevitably, Muslim marriage, divorce, maintenance and inheritance, have been in the the personal laws of religious communities are mostly dominated by the scriptures of those religions. and law enforcement agencies make no e ort to guarantee third gender people . Personal law subjects like marriage, divorce, inheritance come under Concurrent list. BE it enacted by Parliament in the Seventieth Year of the Republic of India as follows: In India, personal laws deal with marriage and divorce, maintenance, guardianship and succession, joint family and partition etc. Thus, only hindus (the applicability of The Hindu laws not only govern Hindus but also Jains, Buddhists, Sikhs, Virashaiva, Lingayat or a follower of Brahmo, Prarthana or Arya Samaj. Amrita Rathi. The femini st critique of perso nal laws is part of a broade r set of scholarshi p that deals. The extensive sphere of Hindu law comprises several acts, out of which few are discussed in the article in brief. According to Graha Sutra, Vivaha or marriage is considered to be the most important of the sixteen samskaras (socio-religious rites within the Hindu belief system). This ये चार अधिनियम हिंदुओं के व्यक्तिगत मामले जिन्हें, स्वीय विधि (Personal Law) कहा जाता है, उन्हें नियंत्रित करते हैं तथा उनसे संबंधित संपूर्ण विधि इस अधिनियम के International Journal of Law Management & Humanities [ISSN 2581-5369] 2558 International Journal of Law Management & Humanities [Vol. 4 Ibid. f. Property. 0 Aims and Purpose 15. No expert committees, like the Hindu Law Committee of 1941, has been constituted so far. The project explores the topic of whether Hindu law is lex loci (law of the land) The Divine Essence of Hindu Law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. While there were many compromises made in the passing of the Shariat Act like excluding ‘agricultural land’ from its purview to ensure that women in Punjab are not given inheritance rights, there were also occasions when the Muslim personal law was way ahead of the Hindu customary laws. Codified Hindu laws : being commentaries on Hindu The Hindu right-wing rhetoric has pushed a common personal law as a counter to what they say are "regressive" personal laws of Muslims - they cite the example of triple talaq - the Muslim practice Hinduism and law have often been understood as Hindu law: A body of fixed positive law and legal hermeneutics that can be used to govern the lives of Hindus. Maintenance under Hindu Law Maintenance under Hindu Law. Both are products of the Indian legal system as it evolved under the Raj. 500 BCE and 500 CE. (2022-27) student of Lloyd School of Law, Greater Noida, U. For about 2,500 years it was based on the same primary sources, Sanskrit texts composed between ca. The ancient social structure and its continuation in modern times is, to a great extent, the reform of Hindu personal law in the 1950s. The foundation of Hindu law is the voluminous textual tradition called Dharmaśāstra, the expert tradition on dharma. The Hindu Right consists of three primary actors: the Bharatiya Janata Party (Indian Peoples Party), which is responsible for formulating and pursuing the political agenda of the movement; the Rashtriya Swayamsevak Sangh (National Volunteer Organization), which was established in 1925 to build a strong Hindu community to Hindu Marriage Act, 1955: This act is the cornerstone of Hindu personal law concerning marriage and divorce. 1 The conventional narrative about the Hindu Code Bill is that work on the Code began in the final years of British rule, following the Government of India’s The law that deals with juvenile offenders (or children in conflict with law) and children who need care and protection, that is, the Juvenile Justice (Care and Protection) Act, 2015 does the same. Currently, personal laws of various communities are governed by their Major changes occurred during that long period, and further, more fundamental, ruptures happened due to the colonial appropriation of Hindu law as a system of personal law in British India. [1]The first phase of Anglo-Hindu law started in 1772, [2] and lasted till 1864, during which translations of ancient Indian texts along with textual interpretations provided by court-appointed Hindu Pandits were the basis of The Madhya Pradesh High Court recently refused to grant protection to an inter-faith couple observing that a marriage between a Muslim man and a Hindu woman was invalid as per the Muslim Personal Law. Rau to work on the codification of the Hindu Personal Laws. Rocher, in International Encyclopedia of the Social & Behavioral Sciences, 2001 Hindu law claims one of the longest continuous histories of any legal system in the world. Accordingly, Hindu personal marriage laws are governed by HMA, 1955 [2]. Hindu personal law: If a married woman dies without having any children, her property, under the Hindu Succession Act, is inherited by the heirs of her husband and not her own. PES UNIVERSITY FACULTY OF LAW FAMILY LAW -1 (UL19BA205) TERM PAPER ON A Comparative Analysis of Gender Inequality in Property Rights under Hindu and Muslim Personal Laws in India Submitted To- Submitted By- The Hindu Succession Act does not apply to Indian Muslims and Christians since they have their personal law to determine how property would be inherited by their legal heirs. 25 of 1955), the Hindu Succession Act (Act No. References. 2 Derrett, Hindu Law Past and Present, Calcutta, 1957. This book seeks to delineate the historical development of Dharmaśāstra, even though the tradition presented dharma as timeless and ahistorical. 4 Women’s Rights under Customary law 15. The authors present the major transformations to Hindu law refers to the system of personal laws (marriage, adoption, inheritance, etc. 6 Iss 3; 2540] (B) Initiative for Reformation of Hindu Law in Bangladesh Uniform Family Law There are a few laws in Bangladesh that concern to personal affairs that are consistent throughout the country, such as the Child Marriage Overview: Hindu law is a diverse and complex area of jurisprudence that continues to evolve with changing societal norms and legal reforms. The parliament . Its rich legal system is Senior lawyer Kirti Singh says there are other problems, too, in personal laws. 1 SOURCES OF THE HINDU AND MUSLIM LAW Meaning of the Terms Before discussing the various aspects of the Hindu and Muslim Law, it is very Hindu personal laws are a set of legal principles and norms that govern various aspects of personal and family life within the Hindu community. Inequalities in the application of the law, with the exception of private concerns, are hardly ever observed. 5 Shahnaz Huda, ‘Combating Gender Justice: Hindu law in Bangladesh’ (2011) SAIALHRS 46. Hindu law has the oldest pedigree of any known system of jurisprudence, 1 for which the Vedas of the Srutis 2 are the primary source although they contain very little law, as such. Marriage and adoption for Hindus are two practices the legitimacy of which is derived from the personal laws of Hindus. On the other hand, In India author are writing the condition of Hindu peoples in Hindu personal laws and mentioned that, vast While earlier colonial interventions often misunderstood and misrepresented ‘Hindu law’ (Derrett 1968; Menski 2014c), with the early effects of this mainly felt in Bengal (Sarkar 2001) and Southern India (Oddie 2006), the current scenario of Hindu law as the major personal law of India (Menski 2001, 2003) constitutes a formal, albeit deeply Hindu law, also known as Hindu personal law, is a body of legal principles and rules that govern the social, religious, and personal affairs of Hindus in India. B. Hindu law is nothing but the concept of dharma, the concept of dharma in Hindu law is not defined precisely but it has come to mean the way of life a person lives and enjoys, which includes every aspect of his The Personal Laws (Amendment) Bill, 2018 was introduced in Lok Sabha by the Minister for Law and Justice, Mr. The following section of the paper shall deliberate on a few essential religious practices under Hindu Hindu Personal Law deals with Hindu Marriage, Inheritance, Succession, Divorce, and Maintenance, among other topics, while other statutory laws were codified by Jahar Lal Nehru in the early For example, the Hindu, Parsi, Christian personal laws have imposed punishments for the offence but there is no prohibition on bigamy under the Muslim Personal Law. Perhaps a If Hindu personal law became void by reason of Article 13, then it was unnecessary specifically to provide in Articles 17 and 25(2)(b) for certain aspects of Hindu personal law which contravened Articles 14 and 15. Hindu law is considered to be one of the most ancient and prolific laws in the world. These laws apply to The modern Hindu legal system is applied to strictly personal law, including issues of marriage, inheritance and adoption, whereas India's secular legal system is applied to issues of criminal Hindu law in India was codified during the period between and December, 1956, in four statutes, namely the Hindu No. They are colourful and all Hindu Law PDF look good on any device. 1 The relevancy of the family laws in personal Hindu Law. Hindu law has many colours to it and is wide in nature. Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent secular law. P. Section 24 allows for interim maintenance, while Section 25 Following Prime Minister Narendra Modi’s call for “one nation, one law” earlier this week, the All India Muslim Personal Law Board (AIMPB) held an emergency meeting Tuesday night to oppose The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India. L. India has civil laws that guide marriage, divorce, adoption, inheritance and taxation. In India, the succession to property is based on religion of Hindus, Muslims, Christians, Parsis, according to The Hindu Succession Act, 1956, The Indian Succession Act, 1925, and The Personal Law of Muslims. In modern India these personal laws operate in a narrow field only. With respect to the Muslim community, the traditional laws and Muslim personal laws govern maintenance. B. Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. With the inception of statutes governing Hindu Personal Law in British India After the introduction of British pattern of administration of justice in India, these traditional instrumentalities of legal change and growth ceased to operate. The Indian Supreme Court’s judgement in Shayara Bano, Footnote 1 wherein the Court declared the Muslim form of divorce by triple talaq invalid, and the current debates about a Talaq Bill once again Ergo, many aggressive proponents of the UCC assume and insinuate that it will be in the image of the Hindu Personal Law. Ambedkar) without any reference from Hindu religious texts & solely modelled on their Western European counterparts based on Neither Hindu nor Muslim personal law is divinely ordained. These can be the custom or the legislation that has been followed for a long Order 4; As per Hindu Women’s Right to Property Act, 1937, a widow takes the same share as a son [if there is more than one widow they share that property (of one son)]. Arushi, a B. 30 of 1956), Minority This series of four bills sought to codify and reform Hindu personal law – a project begun but ultimately abandoned by the British colonial government. WritingLaw; Cases; Articles; Bare Acts; Law PDFs; Law Notes; WritingLaw. Hindu personal law is based on ancient texts like Vedas, Smritis, and Upanishads and modern concepts of justice, equality, It was the charged political situation with an ascendant Hindu Right with its demand for Uniform Codes and charge of appeasement of minorities against the ruling party and government, the political immaturity of Prime Minister Rajiv Gandhi, and the injudicious comments of the Chief Justice, a Hindu, about Muslim Personal Laws that made the The plea, filed as a writ petition filed under Article 32 of the Constitution of India by the Hindu Personal Law Board through Lucknow-based advocate Ashok Pandey, also prayed to declare Ram Setu INTRODUCTION TO LAW MODULE - 1 Personal Law–I: Hindu and Muslim Law Concept of Law 32 Notes zunderstand the rules relating to inheritance and devolution of property amongst Muslims. (1956) 199-245. But in cases of second marriage, the second wives can only get respite under the secular law of maintenance under Section 125 of Hindu personal law links the wife’s or the widow’s right to maintenance to her chastity. Different Indian Economic and Social History Review, 2009. 4 %âãÏÓ 65 0 obj > endobj xref 65 9 0000000016 00000 n 0000000808 00000 n 0000001061 00000 n 0000001266 00000 n 0000001798 00000 n 0000004186 00000 n [2]The Hindu succession act changed the Hindu personal law and gave a women more prominent property rights, permitting her full possession rather than restricted rights in the property she acquired under section 14 with Personal Law The people of India belong to different religions and faiths. The Legislative reforms in Hindu and Christian laws and the increasing juridification of the Muslim law have created a greater degree of uniformity among different personal laws. Skip to content. 6 Christian Personal Law 15. Hindu personal laws. Maintenance of Children: Section 20 of HAMA imposes an obligation upon the parents –mother and father, both equally to maintain the children – both legitimate and illegitimate. A source of significant social and political controversy, this legislation outlined and In this chapter, we will learn about the personal laws of Hindu, Muslims and the Christain community. The committee drafted two separate Bills, one which dealt with matrimonial laws and the second which dealt with inheritance and succession. basis of Muslim personal law in the country. It is primarily based on ancient Hindu scriptures, customs, and The Anglo-Hindu law gained a legislative foundation in 1864 and is considered to be one of the most crucial legacies of the British rulers. Review of Hindu Personal Law in Bangladesh 17 him, to strengthen him and to make him worthy of the mission of the Supreme Lord. Both Hindu and Muslim Personal Laws were brought in the early 20th century to protect the private realm of the household from the colonial state. completed this codification and reform, a process started by . It plays a crucial role in regulating the personal and family lives of Hindus in India and other countries where Hinduism is practised. It is a set of personal laws governing the social conditions of Hindus such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters, etc. From the religion Hindu Personal Laws: Governed by the Hindu Marriage Act 1955, the Hindu Succession Act 1956, the Hindu Minority and Guardianship Act 1956, and the Hindu Adoptions and Maintenance Act 1956. This document is a student project submitted by Jannat Hayer to the Army Institute of Law in Mohali, Punjab, India under the guidance of Dr. This process was started during the British rule of India. Hindu personal law is an amalgamation of various textbooks, holy books, customs, and usages. APPLICATION OF HINDU PERSONAL LAWS, CUSTOMS AND HINDU Divorce under Hindu Personal Law. Hindu personal laws have been by and large secularized and modernized by statutory enactments. Legal heir as per Hindu law. 17 2 Dharmaśāstra: a textual history Patrick Olivelle 28 3 The practice of classical Hindu law Axel Michaels 58 4 The creation of Anglo-Hindu law Rosane Rocher 78 5 Marriage and family in colonial Hindu law Rachel Sturman 89 6 Hindu law as personal law: state and identity in the Hindu By the end of 1939, the Central Legislature was facing no less than seven private members’ bills dealing with Hindu personal law. Sections 24 and 25 of the Act deal with alimony and maintenance. Section 6(a) of the Hindu Minority and Guardianship Act gives the father the status of the natural guardian in the case of a legitimate child. The Hindu Succession Act was amended in 2005 to make a daughter an equal partner in the joint family property. Personal law, since it is envisaged as a means of securing community identity and respecting religious difference, Status of Personal Law in India. their fundamental right to marry any individual of their own choice. . 1 Introduction 15. Hindu law has been built up by the individuals, not to expel any wrongdoing or Hindu personal law governs subjects like marriage, divorce, maintenance, and succession for Hindus. Anglo-Hindu law is the case law that developed in British India, through the interpretation of the Hindu scriptures and customary law in the British courts. That is why personal laws enjoy constitutional protection in their legal rights, obligation and also tries to find difference between Muslim laws and Hindu laws in many books, journal, articles, and online source. Dr. Sources of Hindu Law can be divided into: Ancient Source Shruti (Vedas) Smritis Hindu Personal Law governs various aspects of personal life for Hindus in India, including marriage, divorce, inheritance, and maintenance. These laws are different for different communities. Enactment of the Hindu Marriage Act and then It was a judge made law. In 1955-56, Most of Hindu Personal Laws are codified, and the law governing marriages and divorces for Hindus is The Hindu Marriage Act 1955. A married Hindu law refers to a system of personal law established to govern Hindus. , 31. While one section of people For Example: The Hindu Marriage Act,1955 for Hindus, Uncodified Muslim personal law for Muslims, Christian Marriage Act, 1872 for Christians etc. The Hindu law has been modified and . The Indian Divorce Act of 1869, the Hindu Wills Act of 1870, the Special Marriage Act of 1872, the Indian Evidence Act of 1872, the Christian Marriage Act of 1872, The Married Women's Property Act 1874; The Indian Inequality for women in Bangladesh is more of a social issue than a legal one. However, many secular projections of the uniform civil code have also been problematic. 7 Parsis and Personal Law Reforms 15. Personal law is an important area of law that governs some of the most important relationships and aspects of people's lives. The British found neither a uniform canon administering law for the diverse communities of India nor a See more ‘Personal laws’ are a unique and distinct feature of the Indian legal structure. 6 RK Agarwala, Hindu Law (20th edn, Central Law Agency, Allahabad 2000) 10. Religious rules or conventions, however, govern personal concerns. It then considers Hindu law reforms following Independence and goes on to discuss the manner in which the courts have tackled the challenges to the constitutionality of personal laws. In addition to its wide application in the Republic of India, it is also applied to Hindus in other countries such as Burma, Malaya, Kenya and Tanzania by virtue of their membership of a community. Ambedkar conceptualize a gynocentric society, wherein patriarchal norms are subverted. But even after regular amendments and judicial pronouncements, these personal laws are still in their evolving phase, Comparative analysis of maintenance under Muslim Law and Hindu Law Governing law. Personal laws of both Hindus and Muslims are based on their religious texts and scriptures. For example, Hindu personal law is based on the Hindu Marriage Act, the Hindu Succession Act, and other laws that govern matters such as marriage, divorce, and inheritance for Hindus. Hindu Personal Laws on Maintenance. nationalist assumptions -- this holds up the reformed Hindu personal law as an exemplary model for minorities to imitate. These laws, rooted in ancient Hindu texts and traditions, have undergone significant reform to address contemporary issues and align with modern principles of justice and equality. The basic colonial structure, with significant legislative modification, continues to the present day in India. In particular, it explores two approaches used by the courts to test personal laws on the touchstone of fundamental rights: the non-interventionist approach and the scrutinising approach. N. This adaptability is evident in the development of new legal doctrines, judicial precedents, and 1 The characteristics of this system, and its relationship to the Anglo-Hindu law, with adequate references to current literature, are explained in Derrett, "Hindu Law: the Dharmashastra and the Anglo-Hindu law-Scope for Further Comparative Study," 58 Z. The appendage of the expression personal to the Muslim or Hindu Law was unnecessary and is also misleading to some extent. Personal laws derive their power from religion, which comes under Art. INTRODUCTION: - The Hindu Succession Act, 1956 is an Act relating to the succession and inheritance of property. The UCC is also regularly portrayed to mean that only Muslim Personal Law will be abolished. This Act lays down a comprehensive and uniform system that incorporates both succession and inheritance. This forms the basis of the current Hindu Personal laws. Know what these The Quran-based Indian Muslim Personal Law (Shariat) Application Act of 1937 remained the law of the land of modern India for Indian Muslims, whereas secular personal laws promulgated by the Indian Parliament (at the behest of the Law Minister Dr. These are broadly be characterised as ‘family laws’. Posted in: Family Law. SMA is a secular law that allows individuals of any religion or community to solemnize their marriage irrespective of their religion. Introduction Personal laws are the laws that are applicable to a particular religion in common and those laws which govern the religion. According to Hindu, Muslim and Christian personal law, REVIEW ESSAY the father is the natural guardian for a (legitimate) child. Sources of Hindu Law. The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Divorce under the Hindu personal law is recognized under the Hindu Marriage Act, 1955 which applies as per Section 2 of the Act to any person who is a Hindu by religion in any of its In this section, there is the combination of an inclusive approach of persons considered as Hindus (with the submission to the same Hindu law of the believers of the different forms of Hinduism and of the Buddhist, Jain and Sikh peoples) and of a negative definition: it is supposed that other persons submitted to different personal statuses are necessarily Muslims, Conclusion – Summing up the importance of equality reform in Hindu personal law. 5 Islam and the Muslim Personal Law 15. The Hindu law has two statuses which provide the maintenance clause that is The Hindu marriage act, 1955 and the Hindu adoption and maintenance act, 1956. There are two personal law statues amongst the Hindus, which create an obligation to maintain children – HAMA and HMA . Each and every law mentioned in the Hindu personal law shall not be applicable to all those people who are the member of Schedule tribe unless Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. A. The key sources of Hindu law are the Vedas, Smritis, commentaries, judicial precedent, legislation, customs, and principles of INTRODUCTION OF THE CONCEPT HINDU LAW: The concepts of Hindu law are deeply rooted in the Hindu philosophy and religion. 49 Where the Shariat Act had imposed a clear, scripturally sanctioned legal Code on Indian Muslims, The idea that personal laws of religions should be beyond the scope of judicial review, and that they are not subject to the Constitution, is inherently abhorrent. Since, personal laws are an integral part of every religion, modification or abrogation of personal laws will have its own complications. vergleichende Rechtsw. Secularism, Equality, Gender, and the HINDU Right. 23. Hindu law, or Dharma, is not merely a set of rules but a way of life, especially in cases involving personal law, ethics, and morality. The volume establishes the importance of law for the history and study of Hinduism This article is written by 2nd year law student of Lloyd Law College, Greater Noida. Unlike some other major religions, Hinduism does not have a centralized legal system, and its personal laws are derived from a combination of religious texts, customs, and judicial decisions. The relief of maintenance is considered an ancillary relief and is Shias and Sunnis have different personal laws, which are not codified in any statute like the Hindu succession laws. It seeks to amend five Acts. 14 In the context of Hindu law, there Constitutional Provisions From Personal Law Perspective . Hindu Code Bill, a measure that sought to reform and codify Hindu personal law, that is the system of family law to which Indian Hindus, Sikhs, Buddhists and Jains are understood to adhere. 3 Hindu Personal Law 15. Further the declaration of intention must be with respect to the testator’s property It is a legal document, which has a binding force upon the family. certain section of Hindu. 3. Hindu Jurisprudence Hindu law is a personal law. While distinct from the Hindu personal law, the Act provided the safeguards %PDF-1. According to the needs and progress of Hindu society, new customs evolved and were recognized in Smritis, Nibhandas, and Puranas and were incorporated into the law. Gender Inequality in Hindu and Muslim Personal Laws in India Nishtha Jain Symbiosis Law School, Noida Uttar Pradesh, India _____ ABSTRACT: The paper aims to highlight the status of women in Hindu and Muslim religious personal laws and providing the glimpses of the effects of such personal laws on the lives of women. the British Raj. 25-28 of the Constitution. The committee submitted a report favoring the codification of the Hindu personal law. iiacr vsdm yzlsphu syq uaumz xxlc jrvsav wirs ltdbki dogopqh