International Research Journal of Commerce , Arts and Science

 ( Online- ISSN 2319 - 9202 )     New DOI : 10.32804/CASIRJ

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GENERAL INEQUALITY AND HINDU PERSONAL LAWS

    1 Author(s):  KUSUM YADAV

Vol -  8, Issue- 9 ,         Page(s) : 365 - 371  (2017 ) DOI : https://doi.org/10.32804/CASIRJ

Abstract

It is often said that the past holds up a mirror to the future; but the past is probably more relevant to explain the present for, only by pausing, looking back and reflecting will we be able to build an ideal future. This rings especially true for the Indian legal structure which is constantly evolving to remain relevant for modern times. The roots of the Hindu Personal Laws that are used today can be traced back to the Manusmriti1. Several Hindu Personal Laws were codified during the colonial regime and acquired their present form immediately after independence. One of the most pertinent changes that these Personal Laws have witnessed is the change in the status of women right from the roots of the law in the Manusmariti to their codification during the colonial regime and their current form. This essay attempts to analyse these changes. There are four Hindu Personal Laws- Hindu Marriage Act, 1955, Hindu Succession Act, 1956, Hindu Minority and Guardianship Act, 1956 and Hindu Adoption and Maintenance Act, 1956. Their roots can be loosely traced back to pre-colonial times where traditions and scriptures governed daily and personal life. Post-independence, these laws have undergone several amendments and changes that have greatly helped in the evolution and positive change in the status of women.

Laws of Manu-Translated by Georg Buehler
2 The Creation of Anglo-Hindu Law-Rosane Rocher
3. Indian Response to Anglo-Hindu Law-Ludo Rocher
4. Hindu Marriage Act, 1955-Bare Act
5. The Marriage Laws Amendment Bill, 2013
6. Hindu Adoptions and Maintenance Act, 1956
7. Personal Laws (Amendment) Act, 2010
8. Hindu Succession Act, 1956: Bare Act
9. Inheritance and Succession, Rights of Women and Daughters under Hindu Personal Laws
10. Mapping Women’s Gains in Inheritance and Property Rights Under Hindu Succession Act, 1956
11. Hindu Succession (Amendment) Act, 2005
12. Personal Law, Reforms and Gender Empowerment: A Debate on Uniform Civil Code-Nandini Chavan and Qutub Jehan Kidwai
13. Postcolonial Politics and Personal Laws: Colonial Legal Legacies and The Indian State-Rina Verma Williams

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