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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. The Indian National Congress government led by Prime Minister Jawaharlal Nehru successfully implemented the reforms in 1950s.
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
Vyavahāra (Sanskrit: व्यवहार) is an important concept of Hindu law denoting legal procedure. The term is analyzed by Kātyāyana as follows: "Vi means ‘various,’ ava means ‘doubt,’ hara is ‘removal’; legal procedure is called by the term vyavahāra because ‘it removes various doubts.’” [1] Kane defines it as follows: "When the ramifications of right conduct ...
Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all major areas that affect family life among Hindus in India. [53] Jains, Sikhs and Buddhists are also covered by Hindu law.
The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her as absolute property and she is given full power to deal with it and dispose it of by will as she likes. Some parts of this Act were amended in December 2004 by the Hindu Succession (Amendment) Act, 2005. [2]
The Hindu Personal Laws beginning with the creation of the Anglo-Hindu Law lead to widespread changes, controversies and civil suits in Hindu society across all strata and in monastic orders. Between 1860 and 1940, the issue of succession in the Anglo-Hindu Law led to legal issues of ownership and distribution of property in ascetic-run ...
The substance of Hindu law, was derived by the British colonial officials from Manusmriti, and it became the first Dharmasastra that was translated in 1794. [ 87 ] [ 10 ] The British colonial officials, for practice, attempted to extract from the Dharmaśāstra, the English categories of law and religion for the purposes of colonial administration.
Modern Hindu law is 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.