Family Law
- Submitted by: surajchoudhary
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- Category: History: Religion
- Date Submitted: 11/21/2010 05:14 AM
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Family Law-Response paper
Hindu law is a part of the British colonial legal system and was formally established in 1722 by Governor-General Warren Hastings. It includes all suits regarding inheritance, marriage, caste and other religious usages or institutions. The substance of Hindu law implemented by the British was derived from translations of Sanskrit texts known as Dharmasastra. “It holds its position as a major legal system of the world, often despised and largely unrecognized, but massively present in the new millennium. At least 800 million people remained influenced and formally governed by Hindu law in one form or another.”
Hindu law in India was codified during the period between 1955-56, in four statutes namely Hindu marriage act, Hindu succession act, Hindu minority and guardianship act, Hindu adoption and maintenance act.
There is a contentious debate about the modernization of Hindu law. Modernist argues that Hindu law is the post-modernism phenomena and in the name of ‘tradition’ and ‘religion’ commits the frightful acts such as sati, dowry murders, caste discrimination and untouchability. They assume that ‘tradition’ is bad for women and dangerous for minorities. They call on all others to absorb modern value system represented by west and abandon their indigenous traditions and accept the universal idioms of modernity.
Menski in his article says that Hindu law has not remained mired in some distant past, as is often too readily assumed by modernist scholars who would not even know where to start studying this complex phenomena and because of its classical foundations and the pressures of modern political correctness the studying of Hindu law is always neglected. He says that law is phenomenally experienced and practiced differently across time and space and therefore cannot be understand universally as Western-universal style law as assumed in modernist and positivistic thought.
In the case of India, many matrimonial laws were codified as...
Hindu law is a part of the British colonial legal system and was formally established in 1722 by Governor-General Warren Hastings. It includes all suits regarding inheritance, marriage, caste and other religious usages or institutions. The substance of Hindu law implemented by the British was derived from translations of Sanskrit texts known as Dharmasastra. “It holds its position as a major legal system of the world, often despised and largely unrecognized, but massively present in the new millennium. At least 800 million people remained influenced and formally governed by Hindu law in one form or another.”
Hindu law in India was codified during the period between 1955-56, in four statutes namely Hindu marriage act, Hindu succession act, Hindu minority and guardianship act, Hindu adoption and maintenance act.
There is a contentious debate about the modernization of Hindu law. Modernist argues that Hindu law is the post-modernism phenomena and in the name of ‘tradition’ and ‘religion’ commits the frightful acts such as sati, dowry murders, caste discrimination and untouchability. They assume that ‘tradition’ is bad for women and dangerous for minorities. They call on all others to absorb modern value system represented by west and abandon their indigenous traditions and accept the universal idioms of modernity.
Menski in his article says that Hindu law has not remained mired in some distant past, as is often too readily assumed by modernist scholars who would not even know where to start studying this complex phenomena and because of its classical foundations and the pressures of modern political correctness the studying of Hindu law is always neglected. He says that law is phenomenally experienced and practiced differently across time and space and therefore cannot be understand universally as Western-universal style law as assumed in modernist and positivistic thought.
In the case of India, many matrimonial laws were codified as...