The Hindu Guardianship of Minor Children Act was reformed, codified and defined by the Hindu Minority and Guardianship Act of 1956. Thus, section 4 (b) of the Act stipulates that a minor means a person who has not yet reached the age of eighteen. He is considered a person who is physically and intellectually imperfect and immature and therefore needs someone`s protection. Article 6(9) deals with the concept of different guardians under Hindu law and their rights and restrictions. There are certain ways in which the guardianship of the child is transferred to one of the parents: lawyers in India are trained in general law faculties and do not receive any formal and specific training in Hindu law, Muslim law or other personal religious laws. However, all lawyers are required to take courses in the field of personal law. These broader courses address the variety of personal laws that exist in India, including Hindu law. There are no religious courts in India because it is a secular nation. On the contrary, laws on religious personality are decided by the State on a case-by-case basis. Nehru and his supporters insisted that the Hindu community, which made up 80 percent of India`s population, must first be united before any action to unite the rest of India.
Therefore, the codification of the Hindu Personnel Act became a symbolic beginning on the road to establishing India`s national identity. [6] Nehru was also of the view that because he was a Hindu, it was his prerogative to specifically codify Hindu law, as opposed to Muslim or Jewish law. [8] Previously, women were not treated equally with men and did not have the same property rights, but after the 2005 amendment, they are treated equally and have the same right as men, and now they can also become either a Karta or a Coparcener after the change. which they were not entitled to before. Hindu law has various laws and regulations that govern it in areas such as divorce, marriage, adoption, inheritance, property, minority, son rights, pious obligation, etc., which are governed by the Hindu Marriage Act, 1955, the Indian Succession Act, 1925, the Guardianship and Adoption Act, 1956. These following laws are in accordance with the Hindu Personality Act. The main sources of Hindu law are the customs and legislation from which the law was derived. Keywords: independence, Hindu personality rights, Indian government policy, Hindu code bills, Jawaharlal Nehru, British colonial government, Nehru nationalist movement completed codification and partial reform, but overall the legal system has changed only slightly. Ultimately, a series of four important personal laws were passed in 1955-56, and these laws constitute the first point of reference for modern Hindu law: Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956) and Hindu Adoptions and Maintenance Act (1956). Although these legislative measures were supposed to resolve unclear parts of Anglo-Hindu law, the jurisprudence and tradition of interpretation of British and Indian judges in British employees have remained and remain crucial to the application of modern Hindu law.
According to Hindu law, the concept of adoption is pursued on the basis of certain religious beliefs. There are certain obligations in Hindu law that must be fulfilled by the son, for this purpose adoption is necessary. Thus, Hindu law permits the adoption of a child under the Hindu Adoption and Maintenance Act, 1956, and any adoption must take place within the limits of that law, and any violation of the provisions of that law is void. Previously, this law started from the concept that only a man can adopt a child, but later a change was made and now a woman can also adopt. The law applies throughout India, with the exception of the state of Jammu and Kashmir, and applies to any Hindu person. Section 6-17 of the Hindu Adoption and Maintenance Act, 1956 also talks about who can adopt, what are the essential points for a valid adoption, the conditions of adoption by a man and a woman, who can be adopted, what are the rights and relationships in the eyes of the law between the parents and the adopted child, etc. After independence, the Indian government under Jawaharlal Nehru completed the codification and reform of Hindu personnel law, a process begun by the British. According to the British policy of non-interference, the reform of personal law should have arisen from a request from the Hindu community. This was not the case, as there was considerable resistance from various Hindu politicians, organizations and followers, who mistakenly saw themselves as the only religious community whose laws needed to be reformed.
[5] However, the government considered such a codification necessary to unite the Hindu community, which would ideally be a first step towards the unification of the nation. [6] They managed to pass four Bills on the Hindu Code, including the Hindu Marriage Act (1955), the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), and the Hindu Adoption and Retention Act (1956). [7] Modern Hindu law refers to one of India`s personal legal systems as well as similar systems for Muslims, Sikhs, Parsis and Christians. This Hindu personnel law, or modern Hindu law, is an extension of the Anglo-Hindu law developed in India during the British colonial period and in turn linked to the less well-defined tradition of classical Hindu law. The period of this period of Hindu law begins with india`s formal independence from Britain on August 14, 1947 and extends to the present day. While modern Hindu law is praised for its inherent respect for religious teachings, many still complain that discrimination (especially with the historical tradition of the caste system) still permeates the legal system, although efforts have been made to modernize and elevate the legal rights of the marginalized (including with the passage of the Hindu Code Bills and the creation of notable legal precedents). In this article, Saksham CHHABRA of UPES (Dehradun) discusses the personal laws of Hindus and Muslims. Before discussing the modern application and sources of Hindu law, it is important to describe who these laws govern. In the case of Hindu personality and family laws as set out in the parliamentary laws discussed below, those who are followers of the Hindu religion, as well as those who are not Christians, Jews or Muslims, will be held responsible for these laws. [2] Therefore, it is assumed that all Indians who are not Muslims, Jews or Christians are Hindus, which does not take into account the personal religious laws of the followers of Buddhists, Jains, Sikhs and other religions, which leads to controversy within these communities.
The Indian legal system recognizes Muslim, Jewish and Christian family courts, as well as secular family courts. As is the case with many global legal systems that rely on precedents as a source of law, some cases stand out that have made the Indian legal system what it is today. They not only provide the basis for future legal affairs, but also give a statement about the state of the country and in which direction it wants to lead. One such case occurred during modernization reform efforts in India. Known as the Medical Termination of Pregnancy Act (1971), the law allowed Indian women to have an abortion legally. Thus, this law made not only a religious declaration as India sought to become more secular, but also a declaration of equality by expanding women`s rights. [Citation needed] Hindu code bills are still controversial in some communities, including women`s, nationalist and religious groups. At the time of its foundation, many presented it as a serious break with the Hindu precedent. Now, however, many, including Nivedita Menon, argue that this is “misleading. claim that the Hindu Personnel Act was reformed [in the 1950s]. It was simply codified, and even that happened in the face of fierce opposition from congressional leaders.
[10] With India`s formal independence from Britain on August 15, 1947, India acquired a new constitution as well as a complex legal system. .