Related Research Articles
The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. While Article 25-28 of the Indian Constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
The legal system of India consists of civil law, common law, customary law, religious law and corporate law within the legal framework inherited from the colonial era and various legislation first introduced by the British are still in effect in modified forms today. Since the drafting of the Indian Constitution, Indian laws also adhere to the United Nations guidelines on human rights law and the environmental law. personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of marriages and divorces is not compulsory. Separate laws govern Hindus including Sikhs, Jains and Buddhist, Muslims, Christians, and followers of other religions. The exception to this rule is in the state of Goa, where a uniform civil code is in place, in which all religions have a common law regarding marriages, divorces, and adoption. Plus, recently, on February 7, 2024, the Indian state of Uttarakhand has also incorporated a uniform civil code. In the first major reformist judgment for the 2010s, the Supreme Court of India banned the Islamic practice of "Triple Talaq". The landmark Supreme Court of India judgment was welcomed by women's rights activists across India.
Freedom of religion in India is a fundamental right guaranteed by Article 25-28 of the Constitution of India. Modern India came into existence in 1947 and the Indian constitution's preamble was amended in 1976 to state that India is a secular state. Supreme Court of India ruled that India was already a secular state from the time it adopted its constitution, what actually was done through this amendment is to state explicitly what was earlier contained implicitly under article 25 to 28. Every citizen of India has a right to practice and promote their religion peacefully. However, there have been numerous incidents of religious intolerance that resulted in riots and violence, notably, the 1984 Anti-Sikh Massacre in Delhi, 1990 Exodus of Kashmiri Hindus from Kashmir, 1992-93 Bombay Riots in Mumbai, the 2008 Anti-Christian riots in Odisha. Some perpetrators of the 1984 Anti-Sikh Massacre in Delhi have not been brought to justice despite widespread condemnation.
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. 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. It is one of the oldest known jurisprudence theories in the world and began three thousand years ago whose original sources were the Hindu texts.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India.
India since its independence in 1947 has been a secular state. The secular values were enshrined in the constitution of India. India's first prime minister Jawaharlal Nehru and Law Minister B.R Ambedkar is credited with the formation of secular values in the modern history of the country.
The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.
Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like their feminist counterparts all over the world, feminists in India seek gender equality: the right to work for equality in wages, the right to equal access to health and education, and equal political rights. Indian feminists also have fought against culture-specific issues within India's patriarchal society, such as inheritance laws.
The Constitution of Bangladesh includes secularism as one of the four fundamental principles, despite having Islam as the state religion by 2A. Islam is referred to twice in the introduction and Part I of the constitution and the document begins with the Islamic phrase Basmala which in English is translated as “In the name of Allah, the Beneficent, the Merciful” and article (2A) declares that :"Islam is the state religion of the republic". Bangladesh is mostly governed by secular laws, set up during the times when the region was ruled by the British Crown.
Adi Dharm refers to the religion of Adi Brahmo Samaj the first development of Brahmoism and includes those Sadharan Brahmo Samajists who were reintegrated into Brahmoism after the second schism of 1878 at the instance of Devendranath Tagore. This was the first organised casteless movement in British India and reverberated from its heart of Bengal to Assam, Bombay State, Punjab and Madras, Hyderabad, and Bangalore.
The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and comprehensive system of inheritance and succession into one Act. The Hindu woman's limited estate is abolished by the Act. Any property possessed by a Hindu female is to be held by her absolute property and she is given full power to deal with it and dispose it of by will as she likes. Parts of this Act was amended in December 2004 by the Hindu Succession (Amendment) Act, 2005.
The Hindu Widows' Remarriage Act 1856, also Act XV, 1856, passed on 16 July 1856, legalised the remarriage of widows in all jurisdictions of India under East India Company rule.The act was enacted on 26 July 1856. It was drafted by Lord Dalhousie and passed by Lord Canning before the Indian Rebellion of 1857. It was the first major social reform legislation after the abolition of sati pratha in 1829 by Lord William Bentinck.
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.
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. This process was started during the British rule of India.
The Hindu Marriage Act (HMA) is an Act of the Parliament of India enacted in 1955 which was passed on 18th of May. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956).
The Thuggee and Dacoity Suppression Acts, 1836–48 in British India under East India Company rule were a series of legal acts that outlawed thugee—a practice in North and Central India involving robbery and ritualized murder and mutilation on highways—and dacoity, a form of banditry prevalent in the same region, and prescribed punishment for the same.
The Bengal Sati Regulation, or Regulation XVII, A. D. 1829 of the Bengal Code was a legal act promulgated in British India under East India Company rule, by the then Governor-General Lord William Bentinck. The act made the practice of sati or suttee—or the immolation of a Hindu widow on the funeral pyre of her deceased husband—illegal in all jurisdictions of British India and subject to legal prosecution.
The Indian Slavery Act, 1843, also known as Act V of 1843, was an act passed in British India under East India Company rule, which outlawed many economic transactions associated with slavery.
All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Indians, including Muslims, who married under the Special Marriage Act, 1954.
Anti-conversion laws, or anti-conversion legislations, are a set of judicial rules that restrict or prohibit conversion of faith (proselytism) from one religion to another. It is a federal law in countries such as Algeria, Bhutan, Myanmar, and Nepal. They are meant to prevent forced conversion of individuals to different religions, and offences are punishable by imprisonment and fine. Sri Lanka has prepared its legislation, but has not yet enacted it. Pakistan had introduced the Prohibition of Forced Conversion Bill 2021 that was rejected by its Ministry of Religious Affairs in 2021.
References
- ↑ Nagpal, Ramesh C. Modern Hindu Law. Allahabad: Manav Law House, 1983
- ↑ Government of India, Legislative Department (1893). The unrepealed general acts of the Governor General in Council: with chronological tables : from 1834 to 1903, both inclusive. Vol. 1. Calcutta: Office of the Superintendent of Government Printing. pp. 72–73. Retrieved 5 September 2011.
 | This article about the law of India is a stub. You can help Wikipedia by expanding it. |