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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]
The Constitution of India is the longest written constitution for a country, containing 395 articles, 12 schedules, 105 amendments and 117,369 words.. Law in India primarily evolved from customary practices and religious prescriptions in the Indian subcontinent, to the modern well-codified acts and laws based on a constitution in the Republic of India.
Thus, the common source of classical Hindu law was the community and, therefore, laws on a whole were highly decentralized and diverse. [3] These laws were dictated by various corporate groups such as merchant leaders, heads of caste, and kings, and because of the diverse leadership, these laws were particular to a set place. [ 4 ]
Other scholars have expressed the same view, based on epigraphical, archaeological and textual evidence from medieval Hindu kingdoms in Gujarat, Kerala and Tamil Nadu, while acknowledging that Manusmriti was influential to the South Asian history of law and was a theoretical resource.
Thus, Hindu jurisprudence portrayed the household, not the state, as the primary institution of law. [3] Connectedly, the household is the institution to which Hindu law is most applied. For example, the texts are most explicit in reference to quotidian household acts such as eating, bathing, creating a family, etc.
Family laws in India are different when Warren Hastings in 1772 created provisions prescribing Hindu law for Hindus and Islamic law for Muslims, for litigation relating to personal matters. [52] However, after independence, efforts have been made to modernise various aspects of personal law and bring about uniformity among various religions.
The law says that the religious character of any place of worship - temples, mosques, churches and gurdwaras - must be maintained as it was on 15 August 1947, when Indian became independent.
Anglo-Hindu law reflected the difference in values between "law" in Western tradition and colonial Hindu tradition. [1] It was not until the 1770s, when the British Empire came to colonize India, that the concept of law came into practice. [2] Colonial Hindu law marks a long span of nearly 200 years, beginning in 1772 and ending in 1947. This ...