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2004, International Journal of Hindu Studies
Recent Trends in Law and Policy Making
Exploring the Trends in Marriage Law in IndiaIn this essay, family reform was an issue for minorities in contact with foreigners in the first half of the century, but not until revolutionaries left the cities in the late 1920s. Even then, pressure for change was weak, constrained by the need for political support from a conservative male farmer. In the opening paragraph, "Man's supremacy over woman has been abolished"-a political commitment that many women in the West have yet to achieve. The new Marriage Act not only places children under the same financial obligations as in traditional society, but also adds a generation exempted from the 1950 Marriage Act. But it breaks with tradition and extends this duty to the younger generation. Nevertheless, the Communists promulgated the first law after the revolution. Although the Marriage Act of 1950 applied only to parents, the new birth control program created serious problems for couples who had a daughter. Unless the woman and her husband are forced to support her parents and his parents, her parents face an uncertain old age. If daughters can (and should) fulfill the same functions as sons, the calamity of giving birth to a girl child will be somewhat reduced.
Cambridge University Press eBooks
Ancient and Modern Boundary Crossings Between Personal Laws and Civil Law in Composite India2011 •
BRICS Law Journal
Recognizing the Right of the Third Gender to Marriage and Inheritance Under Hindu Personal Law in India2016 •
One of the most implicit foundations of a person’s identity today, in a cultural, national as well as global context, is the collegial relationship which he or she shares with another person, that relationship ultimately giving formation to a conjoint, consolidated and co-dependent recognition of the two as one under the law, particularly with respect to resolving socio-familial issues such as those of parentship, guardianship, adoption, succession and inheritance, among others. The term “relationship” mentioned above is connotative of marriage and the following paper attempts to look at this relationship, in its connection to the various facets of one’s personal identity as a citizen, from the perspective of a third gender Hindu Indian national. Though the right to marry of such an individual, especially as seen against the backdrop of the existing communal ethos in the country, may be accepted as being some form of a heterodoxy, it still falls short of qualifying as anything that ...
The personal law is one of the unique components of the Indian legal system. India is a multicultural society and different groups in India have separate personal laws. The personal laws tells the stories about the culture, behaviour, beliefs and values that are social constructs that shape the views of the people about their antecedents and roots. In India such social constructs has received legal recognition. Over centuries, through invasions and migrations various religious groups like Islam, Parsi, Christians have made India their home. The invasions and migration have led to the advent of various personal laws in India. The paper will focus into thestatus and policy on personal laws in India in a historical perspective. Thus, the paper will focus on the growth and development of various personal laws in India during different eratill the post independence period. Introduction Personal law systems are legal systems where, in the same country, different bodies of law are appliedto different persons according to their ethnic or religious identity. 1 The personal law 2 is one of the unique components of the Indian legal system. India is a multicultural society and different groups in India have separate personal laws. Any one acquainted with the operation of the various personal laws in India would and can entertain no doubt that the applicability of these laws depends solely on religion. 3 The personal laws tells the stories about the culture, behaviour, beliefs and values that are social constructs that shape the views of the people about their antecedents and roots. In India such social constructs has received legal recognition.The colonial invasion has had an immense impact on the structure andsubstance of personal law systems in India. 4 Over centuries, through invasions and migrations various religious groups like Islam, Parsi, Christians have made India their home. The invasions and migration have led to the advent and development of various personal laws in India. After India gained independence the personal law system continued to be retained even after the adoption of the Constitution. Thus, this paper shall discuss the personal law system in the historical perspective and also the social and political factors that contributed towards the growth and retention of personal laws in India over the period of time.
The institution of a marriage is an oldest social institution and provides a foundation on which whole super structure of civilization and prosperity is built. Different personal laws have given different meanings to the concept of marriage ranging from sacramental to contractual union. As far as position in India is concerned, India is still looked by the world as a country where marriage occupies a sacramental position both philosophically and practically. But with the change in the modern setup the traditional concept of marriage has changed and now-a- days a change is visible in our society from arranged marriages to love marriages and now to ?live-in-relationships as well as gay marriages?. Despite all these developments and even granting a level of legal legitimacy to the live-in relationship or gay relationships, it is still largely perceived to be an immoral relationship in our society. In the absence of legislation to deal particularly on live-in relationship as well as gay relationships in India, the partners in these types of relationships often face hardships. At last, the judiciary is looked upon as the last resort to deal with such issues. Here an attempt is made to look into recent developments in the attitude of the Courts in granting various rights to live-in couples as well as gay relationships in India.
2003 •
This thesis is an anthropological study of legal governance and its impact on kinship relations amongst a migratory pastoralist community in north India. The research is based on fieldwork and archival sources and is concerned with understanding the contest between 'customary' and legal norms in the constitution of public moralities amongst the Gaddis of Himachal Pradesh. The research examines on changing conjugal practices amongst the Gaddis in the context of wider changes in their political economy and in relation to the colonial codification of customary law in colonial Punjab and the Hindu Marriage Succession Acts of 1955-56. The thesis investigates changes in the patterns of inheritance in the context of increased sedentarisation, combined with state legislation and intervention. It examines the move from polygamous to monogamous marriage, and changes in everyday sexual moralities and notions of legitimacy. Analysing marriage and succession related litigation undertaken...
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