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Modern Hindu Law
Modern Hindu law refers to one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. This Hindu Personal Law or modern Hindu law is an extension of the Anglo-Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law. The time frame of this period of Hindu law begins with the formal independence of India from Great Britain on August 14, 1947, and extends up until the present. While modern Hindu law is heralded for its inherent respect for religious doctrines, many still complain that discrimination (especially with the historical tradition of the caste system) still pervades the legal system, though efforts to modernize and increase the legal rights of the marginalized have been made (most notably with the passage of the Hindu Code Bills and the establishment of notable legal precedents). History and context With the formal independence of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Personal Law
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 Modern Hindu Law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied throughout the country.Kishwar, Madhu (13 August 1994). Codified Hindu Law: Myth and Reality. Economic and Political Weekly, Volume 29, Number 33, pp.2145-2161. Due to discrepancies in opinions of pandits on the same matter, the East India Company began training pandits for its own legal service leading to the setting up of a Sanskrit College in Banaras and Calcutta, to help them arrive at a definitive idea of the Indian legal system. It is from here that the Hindu Personal Law had its beginnings; and more appropriately so in 1772, when Warren Hastings appointed ten Brahmin pandits from Bengal to compile a digest of the Hindu scriptural law in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Minority And Guardianship Act
The Hindu Minority and Guardianship Act was established in 1956 as part of the Hindu Code Bills. Three other important acts were also created during this time and they include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Adoptions and Maintenance Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to modernize the then current Hindu legal tradition. The Hindu Minority and Guardianship Act of 1956 was meant to enhance the Guardians and Wards Act of 1890, not serve as its replacement. This act specifically serves to define guardianship relationships between adults and minors, as well as between people of all ages and their respective property. Introduction This act is one of four Hindu Code Bills that were codified by the Nehru Administration in 1956. The other three Acts include the Hindu Succession Act, Hindu Adoptions and Maintenance Act, and Hindu Marriage Act. The Hindu Minority and Guard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of India
The Government of India (ISO: ; often abbreviated as GoI), known as the Union Government or Central Government but often simply as the Centre, is the national government of the Republic of India, a federal democracy located in South Asia, consisting of 28 union states and eight union territories. Under the Constitution, there are three primary branches of government: the legislative, the executive and the judiciary, whose powers are vested in a bicameral Parliament, President, aided by the Council of Ministers, and the Supreme Court respectively. Through judicial evolution, the Parliament has lost its sovereignty as its amendments to the Constitution are subject to judicial intervention. Judicial appointments in India are unique in that the executive or legislature have negligible say. Etymology and history The Government of India Act 1833, passed by the British parliament, is the first such act of law with the epithet "Government of India". Basic structure The gover ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Termination Of Pregnancy Act (1971)
Abortion in India has been legal under various circumstances with the introduction of the Medical Termination of Pregnancy (MTP) Act, 1971. The Medical Termination of Pregnancy Regulations, 2003 were issued under the Act to enable women to access safe and legal abortion services. In 2021, MTP Amendment Act 2021 was passed with certain amendments to the MTP Act 1971, such as women being allowed to seek safe abortion services on grounds of contraceptive failure, increase in gestation limit to 24 weeks for special categories of women, and opinion of one abortion service provider required up to 20 weeks of gestation. Abortion can now be performed until 24 weeks pregnancy as the MTP Amendment Act 2021 has come in force by notification in Gazette from 24 September 2021. The cost of the abortion service is covered fully by the government's public national health insurance funds, Ayushman Bharat and Employees' State Insurance with the package rate for surgical abortion being set at wh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stare Decisis
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dharmaśāstra
''Dharmaśāstra'' ( sa, धर्मशास्त्र) is a genre of Sanskrit texts on law and conduct, and refers to the treatises (shastras, śāstras) on dharma. Unlike Dharmasūtra which are based upon Vedas, these texts are mainly based on Puranas. There are many Dharmashastras, variously estimated to be 18 to about 100, with different and conflicting points of view. Each of these texts exist in many different versions, and each is rooted in Dharmasutra texts dated to 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era. The textual corpus of Dharmaśāstra were composed in poetic verses, are part of the Hindu Smritis, constituting divergent commentaries and treatises on duties, responsibilities and ethics to oneself, to family and as a member of society. The texts include discussion of Ashrama (stage), ashrama (stages of life), varna (Hinduism), varna (social classes), Puruṣārtha, purushartha (proper goals of life), personal virtues and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indian Constitution
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written national constitution in the world. It imparts constitutional supremacy (not parliamentary supremacy, since it was created by a constituent assembly rather than Parliament) and was adopted by its people with a declaration in its preamble. Parliament cannot override the constitution. It was adopted by the Constituent Assembly of India on 26 November 1949 and became effective on 26 January 1950. The constitution replaced the Government of India Act 1935 as the country's fundamental governing document, and the Dominion of India became the Republic of India. To ensure constitutional autochthony, its framers repealed prior acts of the British parliament in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Adoptions And Maintenance Act (1956)
The Hindu Adoptions and Maintenance Act (HAMA) was enacted in India in 1956 as part of the Hindu Code Bills. The other legislations enacted during this time include the Hindu Marriage Act (1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956). All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to codify and standardise the current Hindu legal tradition. The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process of adopting children by a Hindu adult, and with the legal obligations of a Hindu to provide "maintenance" to various family members including their wife or parents, and in-laws. Application This act applies to Hindus and all those considered under the umbrella term of Hindus, which includes: * a Hindu by religion in any of its forms or development; * a Buddhist, Jain or Sikh; * a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs; * a ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Succession Act
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005. Applicability As per religion This Act applies to the following: * any person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya Samaj; * any person who is Buddhist, Sikh by religion; and * to any other person who is not a Muslim, Christian, Parsi, or Jew by religion unless it is proved th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hindu Marriage Act (1955)
The Hindu Marriage Act is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). Purpose The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Sastrik Law, it also included separation and divorce, which also exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions. Applicability Section 2 of the Hindu Marriage Act, 1955 says: This Act applies - to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Sa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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