Hindu Law

Indian Legal Philosophy has the oldest recorded history known to any system of the legal history of ancient world. Not only it is the oldest, it also is the vital and the richest in terms of principles of jurisprudence because of which it could survive the onslaughts of history in all the vicissitudes through which it has passed. Hindu Law as a historical term, refers to the code of laws applied to Hindus and in modern scholarship refers to the legal theory, Jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. Hindu tradition, in its surviving ancient texts, does not universally express the law in the canonical sense of Jus or of Lex. The term 'Hindu Law' is a colonial construction, and emerged after the colonial rule arrived in south Asia and when in year 1772, it was decided by British Colonial Officials, that European Common Law System would not be implemented in India, that Hindus of India would be ruled under their Hindu Law. After the independence from the colonial rule of Britain in the year 1947, India adopted a new Constitution in year 1950. Article 44 of the Constitution of India mandates a Uniform Civil Code, eliminating all religion-based civil laws including Hindu Law, throughout the territory of India. In 1955, India revised the Hindu Marriage Act and applied to all Hindus, Buddhists, Jains and Sikhs.

The sacramental aspect of martial tie lost its significance with the passing of Hindu Marriage Act, 1955, which clearly laid down the grounds of divorce. Marriage is today regarded as the existence of interpersonal relationship based upon psychological and physical compatibility. In year 1976, adultery, cruelty and desertion, etc. were made as grounds of divorce as well as judicial separation. Mutual Consent, virulent form of leprosy, veneral diseases, incurable insanity, conversion, renunciation of world and one of spouses being unheard for a period of 7 years have also been made grounds for seeking divorce. Nonetheless, Section 23, Hindu Marriage Act, 1955, clearly states that while granting relief under the Act, the Court has a bounden duty in conformity with the nature and circumstances of the case, to endeavour for reconciliation between parties. The thrust is not to regard divorcee as an ultimate solution to marital discord but to impress upon divorcee as a weapon to increase martial success.

In matters of succession, there were two schools, viz; "Mitakshava" and "Dayabhaga" which created and sustained inequality. In order to give the women some amount of economic security in the joint family, the Hindu law of Inheritance (amendment) Act, 1929 was passed which conferred inheritance rights or some female heirs and created limited restriction on the rule of survivorship. The Hindu Women's Right to Property Act, 1937 conferred rights of succession to Hindu Wisdom for the first time as limited interest in the form of "Hindu Women's" estate. Under the old Hindu Law only the 'stridhan' was the widow's absolute property and she had exclusive and unlimited rights of ownership, possession and alienation in respect of it. However, a Hindu woman holding a limited estate could surrender it through reversion. Complexity and intricacy of the two different sets of women's property, 'stridhan' and limited estate', gave birth to the need to codify that particular area of Hindu Law. On the recommendation of Rau Committee, the Hindu Succession Act, 1956 was the first post-independence enactment for conferring property rights on Hindu women.

'Adoption', the very concept comes in our mind with a smiling picture of a child, the most beautiful and innocent creation of nature. The concept has a flavor of antiquity. A 'Hindu' as defined in Section 2 of the Hindu Adoption and Maintenance Act, 1956 is able to take a child in adoption. A female Hindu also can validly adopt a child to herself.

In the instant treatise, we have dealt with various facets of Hindu Law. A very exclusive commentary has been done on the Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956, Hindu Succession Act, 1956, Hindu Women's Rights to Property Act, 1937 etc. Apart from that, various aspects of Customary Hindu Law have been discussed aptly. We have incorporated latest case law at appropriate places with reasonable rubrics for comfortable references. A subject Index is being appended for quick topical access of the law in hand. May this book enjoys success unlimited