The Hindu Family and the Emergence of Modern India

The Hindu Family and the Emergence of Modern India

Author: Eleanor Newbigin

Publisher: Cambridge University Press

Published: 2013-09-19

Total Pages: 279

ISBN-13: 1107434750

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Between 1955 and 1956 the Government of India passed four Hindu Law Acts to reform and codify Hindu family law. Scholars have understood these acts as a response to growing concern about women's rights but, in a powerful re-reading of their history, this book traces the origins of the Hindu law reform project to changes in the political-economy of late colonial rule. The Hindu Family and the Emergence of Modern India considers how questions regarding family structure, property rights and gender relations contributed to the development of representative politics, and how, in solving these questions, India's secular and state power structures were consequently drawn into a complex and unique relationship with Hindu law. In this comprehensive and illuminating resource for scholars and students, Newbigin demonstrates the significance of gender and economy to the history of twentieth-century democratic government, as it emerged in India and beyond.


Hindu Law

Hindu Law

Author: Werner Menski

Publisher: Oxford University Press

Published: 2008-09-10

Total Pages: 668

ISBN-13: 0199088039

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This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.


Mulla Hindu Law

Mulla Hindu Law

Author: Satyajeet A. Desai

Publisher:

Published: 2011-11-09

Total Pages: 800

ISBN-13: 9788180385995

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This classic work is back in a single volume and packs in the entire contents of the earlier two-volume editions. The present edition traces the developments in the field of Hindu Law since 2011 that have led to significant legislative changes. In addition, it includes critical analyses of various key judicial pronouncements.


Hinduism and Law

Hinduism and Law

Author: Timothy Lubin

Publisher: Cambridge University Press

Published: 2010-10-21

Total Pages: 321

ISBN-13: 1139493582

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Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.


Nation and Family

Nation and Family

Author: Narendra Subramanian

Publisher: Stanford University Press

Published: 2014-04-09

Total Pages: 398

ISBN-13: 0804790906

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The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.


The Spirit of Hindu Law

The Spirit of Hindu Law

Author: Donald Richard Davis

Publisher: Cambridge University Press

Published: 2010-01-21

Total Pages: 207

ISBN-13: 0521877040

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This introduction to Hindu law and jurisprudence questions the traditional perception of law, and reveals law's close linkage with religion. Emphasizing the household, the family, and everyday relationships as additional social locations of law, it contends that law itself can be understood as a theology of ordinary life.


Hindu Women's Property Rights in Rural India

Hindu Women's Property Rights in Rural India

Author: Reena Patel

Publisher: Ashgate Publishing, Ltd.

Published: 2013-01-28

Total Pages: 168

ISBN-13: 1409493407

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Hindu women in India have independent right of ownership to property under the Law of Succession (The Hindu Succession Act, 1956). However, during the last five decades of its operation not many women have exercised their rights under the enactment. This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.


Supreme Court On Hindu Law

Supreme Court On Hindu Law

Author: Kohli Hari Dev

Publisher: Universal Law Publishing

Published: 2010

Total Pages: 436

ISBN-13: 9788175348226

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CONTENTS 1. Hindu Law (Marriage) 2. Hindu Marriage Act, 1955 3. Adoption-Hindu Law 4. Hindu Adoptions and Maintenance Act, 1956 (Sections 4 to 16) 5. Maintenance Hindu Law 6. Hindu Adoptions and Maintenance Act, 1956 (Section 18 to 30) 7. Minority and Guardianship - Hindu Law 8. Hindu Minority and Guardianship Act, 1956 9. Succession - Hindu Law (Mitakshra) 10. Succession - Customary Law 11. Joint Hundu Family 12. Partition 13. Gift 14. Alienations 15. Pious obligation 16. ``Will`` 17. Impartible Estate 18. Religious and Charitable Endowments 19. Hindu Succession Act, 1956