Hindu Law Research Articles

Inheritance, Marriage and Adoption: Changing Judicial Practices in Hyderabad State

Although Hindu banking firms in Hyderabad state had an advantage over Muslim ones because Hindu law allowed adoptions while Islamic law did not, adoptions were nonetheless a source of great conflict and division for firms. Before the late nineteenth century, inheritance practices in Hyderabad privileged both Hindu and Muslim nobles and officials, but as Hyderabad’s courts and advocates began to be connected to courts and advocates based in British India, contesting family members turned from the family and customary law generally administered in Hyderabad to the evolving standardisation of Hindu and Islamic law in British India. Hyderabad’s government, however, continued to privilege Hindu and Muslim nobles well into the twentieth century, although more research is needed about changing judicial practices in Hyderabad and other native states.

Benefits of vedic learning for improving competence and strengthening mental health

Background: The Vedas are an ancient library that is the source or book for the Hindu religion. the Vedas are used as the main guidelines and their teachings are implemented in the daily lives of Hindus. In addition to being a holy book, the Vedas also contain many values contained therein. Tattwam, Susila, upakara are three basic frameworks in Hinduism that need to be considered in the 21st century. Method: This research uses a qualitative method focusing on text analysis, which involves in-depth examination of written materials based on their context. The study aims to understand phenomena in their natural settings without manipulation, emphasizing the meaning and quality aspects rather than quantitative measures. Findings: There are many positive benefits of applying the vedic teachings in daily life. By realizing the existence of God, implementing the teachings of Susila and the proper implementation of upakara in daily life. Not only as a guideline in carrying out the three basic frameworks in Hinduism but there are many other unexpected benefits gained through learning the vedas, be it in science, character building, making life easier and also in achieving success. Not only as a source of knowledge, but the vedas are also a source of medicine. This is contained in the Atharva Veda. Conclusion: The benefit of the vedas that is no less important is that the vedas are a source of Hindu Law (Dharma). Novelty/Originality in this Study: Using qualitative methods focusing on text analysis, this study explores the relevance of the Vedas in everyday life in the 21st century. The proposed platform includes an AI-based virtual assistant and a mobile application integrating Vedic teachings with contemporary knowledge.

Same-Sex Marriage from the Perspective of Legal Instruments, Human Rights and Hindu Religion

The purpose of this research is to analyse the anti-discrimination struggle against LGBT from a legal and human rights perspective and same-sex marriage from a Hindu legal perspective. This research is normative juridical research carried out using a statutory regulation approach and a legal concept approach. The analysis was carried out qualitatively. The phenomenon of same-sex marriage has indeed become controversial in various countries, including Indonesia. The struggle for anti-discrimination treatment for LGBT people has become one of the focuses of the human rights struggle. Various national and international legal instruments have regulated the right to equal treatment for everyone. However, this right cannot fully become the basis for legitimacy for the legality of same-sex marriage. Law Number 1 of 1974 concerning Marriage regulates that marriage is carried out by a man and a woman as husband and wife. Viewed from the perspective of Hindu law, the Manawa Dhramasastra states that marriage is carried out by a man and a woman to produce offspring.

Pratiloma Paranoia: Class Hierarchy, Conservatism, and Ethics in Classical Hindu Law

The Hindu law tradition grounds its social ethics on an ideological hierarchy of class or caste known as varṇa. The positive inculcation of this hierarchy is bolstered by a fear of social inversion, known as pratiloma, in every area of law and society. Through an examination of the concept of pratiloma, this article contends first that the central Hindu law principle of dharma, religious and legal duty, depends upon knowing and abiding by one’s place in society. From this Hindu articulation of social rank as the foundation of ethics, the article then draws a comparison between classical Anglo-American conservatism and Hindu law to suggest that conservative traditions in general base moral action on social station and the fear of breaking social rank. Ethics in Hindu law, therefore, are derived from an acceptance of social station within the varṇa hierarchy and the constant cultivation of local expectations of proper behavior according to social position.

Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation

Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.

Nyeburin Marriage Ceremony in Accordance with Balinese Customary Law in Mas Traditional Village

The position of sons is critical in customary law societies in Bali. This is related to the belief in the community that if there is no son, there will be no one to carry out customary and religious obligations in a Hindu family. Facing this situation, Balinese customary law combined with Hindu law offers a solution by elevating the status of girls to purusa status, allowing them to have the same rights and responsibilities as boys. The purpose of this study is to describe the Nyeburin marriage ceremony according to Balinese customary law in Mas traditional village. This type of research is qualitative with a phenomenological approach. This research was conducted in Desa Adat Mas. This research uses qualitative data sourced from primary and secondary data. Determination of informants was determined by purposive sampling. The data collection techniques used were observation, interview, literature, and document study. This research used data analysis techniques: data reduction, data presentation, and conclusion drawing. The findings of this study are that Nyeburin marriage has a change in status; namely, the wife has purusa status (male status), so it has consequences for the procedures for implementing marriage, the position of the husband, and the offspring obtained. In Nyeburin marriage, the implementation is also carried out at the purusa residence, which, in this case, is the bride's house. Furthermore, the husband will follow or enter the wife's family environment and legally break away from the bonds of family origin.

Recovering the Dalit Public Sphere: Vernacular Liberalism in Late Colonial North India

AbstractDrawing from publications by Swami Achutanand and the Adi-Hindu Mahasabha press between 1916 and 1940, this article examines the role of this north Indian Dalit organization in creating language and categories of liberalism in the Hindi vernacular. The Mahasabha poet-activists published numerous song-booklets in a variety of Hindi song genres to intervene in ongoing discussions on the subjects of representation and equality which they characterized as mulki-haq and unch-niche. Histories of liberties in late colonial India have typically examined its emergence within dominant Hindu and Muslim middle-class groups. This article uncovers the unique contributions of Dalit poet-activists who recognized the value of liberal ideas and institutions in challenging caste and abolishing “Manu’s Kanun” (lawgiver Manu’s Hindu law codes). It highlights the methodological importance of mohalla (neighborhood) sources usually located in Dalit activists’ houses in untouchable quarters. The chapbooks found in mohalla collections have enabled the writing of a new history of the Mahasabha’s activism and of the initiatives taken by poet-activists in founding a new Dalit politics in northern India. I explore the emergence of a Dalit literate public which sustained the activities of the Mahasabha and which responded with enthusiasm to its articulation of the new social identity of Achut (untouched) and a new political identity of Adi-Hindus—original inhabitants of Hindustan (India). Offering a new methodological approach in using mohalla sources and song-booklets composed in praise of liberal institutions, this essay makes a significant contribution to the recovery of a forgotten Dalit public sphere in early twentieth-century India.

Right To Property and Maintenance of Illegitimate Child Under Hindu Law

The concept of property is evolving from the days of adopting the law relating to property of Hindu people. The laws relating to property undergoes many changes from time to time as to accommodate the changing need of the society. The major changes in the law of property held after the adoption of our Constitution. The Article 14 of the Constitution of India guarantees equality among men and women as a fundamental right. Following by Article 15 which allows special provisions can be made for women and child. Article 19 1(f) which said that right to property was a fundamental right, which later on amended and now property is a legal right under article 300A of the Constitution of India. Article 39(f) which is directive principle also concern about the safeguard of the child. The court observed that right to property is not only a constitutional right but also a human right1, and no person can be deprived of his property save and except by and in accordance with law. Due to Constitutional guarantees the legislature has brought Hindu Succession Act in 19562 and Hindu Marriage Act in 19553 along with three other Acts. Hindu Succession Act has amended and codified the law relating to intestate succession4. This Act has laid down a uniform and comprehensive system of inheritance of property. Moreover this Act gave rights to women to property which were unknown till then. The provision of this Act in relation to property is clear for legitimate child, but is silent for illegitimate child. The paper will focus on the right of illegitimate progeny to maintenance from their parents as well as right of inheritance to their parents self acquired as well as ancestral property in a Hindu family.

Inheritance in Balinese Customary Law: Dynamics and Its Linkage With Hindu Law

The inheritance system in Balinese customary inheritance law is known as the kapurusa system. This kapurusa system is patrilineal and is inspired by Hinduism. The issuance of the Decree of Pasamuhan Agung MUDP Bali Province in 2010 was an initial milestone in the change in the mindset of granting inheritance rights to girls and boys who married nyentana or married out with their wives. Therefore, it is necessary to research the dynamics of inheritance according to Balinese customary inheritance law and its relationship with Hindu law regarding inheritance. Using empirical-normative legal research methods, the findings in this research are the development of a shift in thinking that only sons have the right to inherit the gunakaya or wealth of their parents, which has begun to be seen from the existence of financial gifts or bequests which were previously not done by many people. Parents to their daughters or sons who are getting married is illegal, but now it is common practice. The connection between Hindu law and Balinese customary inheritance law in the field of inheritance can be seen from adopting the kapurusa or patrilineal system in Hindu law. However, it still allows daughters to be the principal heirs by being confirmed as sentana jeg or elevated to equal status with sons.

An investigation into the Dharmasutras' Manusmruti Varna system

A wealth of knowledge on the political, judicial, and social climate of that era may be found in Manusmriti. The earliest and most well-known smriti is Manusmriti, also known as Manava dharmasastra. A standard representation of Hindu society and civilization, the Manusmriti is the most authoritative source of Hindu law. The second-century manuscript Manusmriti is credited with maintaining the varna system, which consists of four divisions within society. This classification, however, does not only apply to Manusmriti. Instead, it is a prevalent aspect—indeed, a fundamental component—of all of the Dharma literature. The challenges the Brahmin group faced during a time of extreme social upheaval seem to have been taken into consideration when the book was written. The Vyavaharapadas worldview aims to restore the oneness of the Brahmin and Kshatriya ethnic groups. Eleven The focus on this topic is intended to be seen as a gift of similarity from the ruling elite to the religious community. Apart from the Vedas, very few other literary works in the world perhaps give women as much respect and privileges as these do, as the Manu Smriti gladly attests to. It might be necessary to search for further modifications even in well-known women's activist works to properly arrange Manu Smriti. It is not very clear from everything I have looked at that women are the cornerstone of a good society. The other ancient political philosophers shared Manu's belief that women were a creature that required care and protection and could not exist on their own. However, the intellectuals' belief reduced women to subservient entities. Women have always taken a backseat to men in society. She was seldom treated with respect; occasionally, somebody would refer to her pitiful situation. The author attempted to analyze the varna system in Manusmriti as well as the position of women during that time.

Kajian Hukum Hindu Dan Hukum Humaniter Internasional Tentang Perlindungan Pihak Medis Dalam Konflik Bersenjata

The protection of medical personnel in armed conflict is often neglected. All countries in the world must pay attention to this by establishing international humanitarian law. Protection policies for medical personnel in war should reflect the values of past religious teachings, one of which is in the Hindu books Arthasastra and Bharatayuda, some of which reflect humanitarian missions. The purpose of this research is to demonstrate the concept of protection for medical personnel in situations of armed conflict in international humanitarian law policy and to analyze the virtues in the Book of Arthasasta and the Bharatayuda war epic. The method uses normative research with a legal and historical regulatory approach which is analyzed descriptively. The research results show that the role of medical personnel in armed conflict situations is very important, guided by international charters. In the Hindu Law Book Arthasasta states that the protection of medical personnel in conflict situations is the responsibility of the king or policy maker to provide a safe place, so that they can carry out their duties well. In the Bharatayuda epic, it is also told that Nakula and Sahadeva were protected by enemy troops to provide treatment to the injured Karna. The values contained in the teachings of Hinduism are one of the philosophies of protection for medical personnel in the current situation of armed conflict. These values are then championed in international humanitarian law policies regarding the importance of protecting the weak and those who carry out humanitarian missions.

Between the Devil and the Deep Sea: Tribal Women’s Inheritance Rights in India

In recognition of their distinct culture and identity, tribal communities in India enjoy constitutionally guaranteed autonomy and self-governance, which extend to customary laws for marriage, matrimonial rights and inheritance. In contexts where the tribal customary law has denied women inheritance rights, some women have approached the courts of law. The Hindu law on inheritance specifically excludes tribal communities from its application; yet, courts have found a way to apply it by reasoning that the parties to the case were ‘sufficiently Hinduised’. This article examines Indian judicial responses to this issue, and the ramifications for the inheritance rights of tribal women. The article critiques law’s lack of imagination and inability to capture the complex dynamics of social relationships in tribal communities, in a context of their massive dispossession from tribal lands. While highlighting the distinct relationship of property, community and family in tribal communities, it examines how law could ensure that tribal women retain their tribal identity and yet secure equal inheritance rights, rather than force a trade-off between tribal identity and securing inheritance rights on grounds of ‘sufficient Hinduisation’.

Women’s Property Rights Being a Daughter Under Hindu Law Breaking Patriarchy and Improving Women's Rights

A wise man once observed that a country's treatment of its women might be used to gauge its overall health. This brief statement recognizes India's progress toward gender parity. Notwithstanding the point that women make major contributions to agriculture in numerous nations, they have low financial status because they do not own the property they work on. If women have access to land ownership, their level of economic independence and safety can be increased. The governments of India and other nations have put in place a number of programs to guarantee the protection of women in diverse contexts. It is not necessary to travel back in time to comprehend how estate ownership increases people's potential to enjoy full citizenship because the ancient Romans and Greeks created the right to cast a vote grounded on land ownership (age and gender). Anybody with the help of a basic understanding of European or American history can easily recognize the relationship between the franchise and property rights. In many countries in the Middle East, Sub-Saharan Africa, and Asia, men still have exclusive rights to land. Usually, women are seen as the "guardians" of their children, keeping valuables and other things in their custody. Is it a surprise that these are the same nations that consider women to be "minors" under the law, preventing them from signing contracts, opening bank accounts, or getting loans? Every legal dispute has a distinct history, from workplace sexual harassment to domestic animal abuse. For instance, unlike our traditional legislation, which solely protects the property rights of male descendants, the Hindu Undivided Family accords women with the same rights to their father's property. However, on August 11, 2020, our judicial system recognized a daughter's claim to her ancestors' property, granting daughters the same status as well as rights in the home and community and upholding the real meaning of Art. 14 of our Constitution of India. But is there a conclusion? How will this ruling touch the status of girls in Hindu undivided families (HUF) and why is it significant? The study's main objectives are to clarify the court decisions defending the daughter's property rights, point out legal voids, and further develop the concepts of equality and equity.

Women’s Rights at Hindu Personal Law: A Comparative Study Between Bangladesh and India

Inequality for women in Bangladesh is more of a social issue than a legal one. Inequalities in the application of the law, with the exception of private concerns, are hardly ever observed. Religious rules or conventions, however, govern personal concerns. Since Hindu Law is the most ancient Law in the world, it deviates, changes or modifies immensely. Different schools are explained it in a different way except with basic instruments. It modifies through the commentaries and customs. Although these norms or traditions are classified separately under the heading of “Personal Law” in Bangladesh's legal system but they are not in entire format drawn from (portrayed) religious laws or customs. Laws and Ordinances altered their mode of application. These, however, have not been sufficient to create equality between men and women. Gender norms and regulations hinder compliance with present laws. For easy understanding of the common people, the concerned authority should codify new rules and regulations with proper reference from Shastra Law and keep in mind with International Obligations as well. This paper examines some notable legal constraints on the way to ensure the fruitful implementation of Women’s Rights and put forwards some observations on assuring justice for all the Hindu Women in Bangladesh.

Legal Limbo and Caste Consternation: Determining Kayasthas’ Varna Rank in Indian Law Courts, 1860–1930

Abstract This article explores how colonial law in India interacted with the construction of caste rank (varna) between 1860 and 1930. It specifically tracks contestations over Kayasthas’ legal varna rank in northern and eastern India through various inheritance disputes, threading them together to shed light on how courts sought to anchor their interpretations of Hindu law around the Indian jurisprudential conceptions of varna. It examines the successes and failures of Kayasthas to have favorable legal rulings that would uphold their status as “twice-born”/dvija, demonstrating that colonial law was limited in its ability (and often indifferent) to construct caste ranks. Inconsistent ruling in provincial courts pushed Kayasthas to seek taxonomic recognition as “twice-born” in the colonial census, demonstrating how colonial law and taxonomy intersected in novel ways. This article argues that by taking a novel approach to Indian social history through the prism of law, we can enrich our understanding of how modern notions of caste and social rank were constructed in colonial India.

Lesser Than Equal?

In India, Hindu family law is often touted as a progressive and gender-just law that ought to be emulated and extended to minority religious communities through a common civil code. Against this backdrop, the present article examines the question of whether Hindu family law in India adequately protects women’s rights and, if law reform is required, what should be the factors guiding it. The article further analyses the status of women within Hindu family law in India from the time of the country’s independence and the law reform measures that have led to advancement in women’s equality rights in recent decades as well as discriminatory provisions that continue to persist through a historical, legal and feminist lens. It argues that further reforms to Hindu family law must be undertaken to realize women’s equality rights, albeit within the larger framework of constitutional norms and international human rights standards, rather than an interpretation/re-interpretation of Hindu religious texts based on dubious claims of a “glorious past.” This includes recognition of trans* and queer relationships within the folds of Hindu law. Moreover, the article argues in favor of applying feminist discourses on formal and substantive equality to the Uniform Civil Code debate to ensure plural family laws are gender-just.

Policing Sati: Law, Order, and Spectacle in Postcolonial India

AbstractThis article explores the response of the postcolonial state to the question of widow immolation – sati. It demonstrates that the conversation on the practice of sati at the high point of Hindu law reform in the 1950s reflected the simultaneous pressures on the new democracy to establish rule of law while also accommodating the renewed reverence for tradition and religious custom in an independent nation state. Distinct from the colonial response to sati that treated women as either “helpless and pathetic” or “brave and valiant,” post-independence police records describe women committing sati mostly as “insane” or “not in their senses,” and yet chiefly responsible for their actions. The article contrasts administrative and parliamentary narratives of the crime. Local belief in miracles surrounding the performance of sati not only obscured the experience of the woman's suffering but also made collection of evidence in such a case particularly difficult. This rendered convictions of the abettors of such “painless suicide by insane women” weaker. Legal interventions in sati eventually prompted administrative responses to shift from emphasizing the “uncontrollability” of the spectacle to deeming the spectacle a necessary precondition in distinguishing a sati from suicide.

Governing Hindu marriage or interreligious marriage?: secularism from below and state-society relations in the adjudication of marriage in India

This paper examines state-society relations in the adjudication of marriage at the cusp of two policies, namely the Indian state’s policy of affirmative action for marginalized castes and the recognition of religion-based personal laws. Based on qualitative research conducted in Mumbai, the paper discusses the dilemmas, and challenges of the fusion of inter-religious and Hindu marriages. Focusing on actions of state officials and societal actors, the paper highlights everyday acts of creative and irregular governance institutionalized in religious family law, legal processes and practices, and public records, while regulating marriage. When confronted with legal ambiguities and gaps between lived realities and legal categories, state officials improvise and adjust their actions to accommodate certain logics, practices and politico-legal subjectivities. These adjudicative actions, at times, expand the socially integrative structure of the Family Court, encourage collaborations with societal organizations, enable the state courts to protect religious freedoms and personal liberties of litigants, and subvert exclusionary notions of religion in law. In addition, the paper shows how boundary drawing between state and society in multitudinous ways becomes the administrative and analytical gateway to capture the state practice of secularism from below, question the coherence of statist legal categories, and grasp the governance ironies regulating inter-religious/Hindu marriage under Hindu law.

Moderasi Beragama: Bentuk Habituasi dan Aktualisasinya serta Kendala dan Hambatannya dalam Pendidikan Agama Hindu di Sekolah Menengah Atas

This research aims to describe and examine the obstacles and obstacles to the life process of religious moderation in Hindu learning in high school education in Mataram City. The city of Mataram consists of a reasonably plural community life, including the lives of people who adhere to diverse religions, with most Muslims. Tolerance among religious believers is capital in building hope for the development of a harmonious life in the community. Hindu learning in high schools becomes a habituation in building the foundation of moderate religious life. However, its integration in learning has obstacles that will undoubtedly hinder the acceleration of the development of religious moderation among students as a national resource. This study uses qualitative research with a case study approach with data collection techniques, namely observation, interviews and document studies. Based on the results of the study and analysis of the data, there are obstacles and obstacles in the form of not optimal learning in the learning process of religious moderation in Hindu religious education. This is because the material on religious moderation has not been directly written. However, in essence, it is contained in materials such as yajna values, catur asrama, upaveda, catur Warna, Vedic as a source of Hindu law and dasa Yama and nyama brata as a teaching of self-control in Hinduism. It is hoped that through this study, Hindu students at the high school level can understand and implement religious moderation learning in building a harmonious and tolerant life when entering society. This study can also be a reference library for relevant research in the future.

Depiction of Caste Annihilation and Class Abrogation in Mulk Raj Anand’s UNTOUCHABLE and COOLIE

Since civilization has started caste system based on profession not by birth. Later on it turns into a power game and the whole human society were divided into four varnas. Manusmriti, widely regarded to be the important and authoritative book on Hindu law and dating back to at least 1000 years before Christ was born ‘‘acknowledges and justifies the caste system as the basis of order and regularity of society .’’(Web ) The caste divides Hindu into four main categories – Brahmins, Kshatriyas, Vaishyas and Shudras. Many believe that the groups originated from Brahma , The Hindu God of Creation. They are classified according to occupation and determine access to wealth , power and privilege. In recent years Violence has become a common phenomenon in India. It has engulfed the entire political, social, economic, cultural and even our personal lives. Violence of social justice and caste discriminations of complex characters have added additional burden to our society whereas we Indians have been specially advised to practice “non-violence”. The growing trend in violence thus provokes us to talk about non-violence and identify the roots of violence in India. Caste Violence is perhaps one of the most hazardous forms of violence in India. It often intermingles with the most political, social, cultural, and class atrocity. So caste discriminations and atrocities against the socially weaker sections with age- old traditional and unconventional norms deserve a careful historical investigation. Indian Caste system is the most widely discussed subject all over the world. Caste system is a social evil in which the higher caste people exploits and persecutes the lower caste people and forced them to live sub-human lives like beasts. This paper is based on caste and vulgarism of ‘Untouchable’ and ‘Coolie’ poignantly portrayed by M R Anand. It is an attempt to explore its origin, nature, gravity, and deprivation.