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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]
Ācāra (customs and usage) are transcendental law, and so are the practices declared in the Veda and the smṛti; therefore a twice-born person desirous of his own welfare should always make effort to follow it." [14] The meaning of ācāra itself has changed over time in Hindu law. In the earliest days, ācāra that was to be followed was ...
The law has empowered Hindu nationalist groups like the Bajrang Dal and used by them to stop interfaith marriages between consenting adults and prosecute them for it. [ 33 ] [ 34 ] Within 1 month of passing the law, 14 cases were initiated and 51 arrests made. [ 35 ]
Ludo Rocher states that this treatise, like others in Dharmasastras genre, is a scholarly tradition on Dharma rather than a Law book, as understood in the western languages. [12] In contrast, Robert Lingat states that the text is closer to presenting legal philosophy and a transition from being Dharma speculations found in earlier Dharma ...
Anglo-Hindu law is the case law that developed in British India, through the interpretation of the Hindu scriptures and customary law in the British courts. [1]The first phase of Anglo-Hindu law started in 1772, [2] and lasted till 1864, during which translations of ancient Indian texts along with textual interpretations provided by court-appointed Hindu Pandits were the basis of jurisprudence ...
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.
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.