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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 ...
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.
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]
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.
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.
[125] [126] [127] The colonial policy on the system of personal laws for India, for example, was expressed by Governor-General Hastings in 1772 as follows, That in all suits regarding inheritance, marriage, caste and other religious usages or institutions, the law of the Koran with respect to Mohamedans, and those of the Shaster [Dharmaśāstra ...
The root texts of ancient Hindu jurisprudence and law are the Dharma-sūtras. These express that Shruti, Smṛti and Acara are sources of jurisprudence and law. [30] The precedence of these sources is declared in the opening verses of each of the known, surviving Dharma-sūtras. For example, [30]