HINDU CODE BILL PDF
The Hindu code bills were several laws passed in the s that aimed to codify and reform .. Print/export. Create a book · Download as PDF · Printable version . article explain the contribution of dr babasaheb ambedkar for the preparation of hindu code ecogenenergy.info article is in marathi language. ihMdU kaoDbaIlaa maQyao sauQaarNaa krNyaacaI maagaNaI p`kYaa-nao puZo AalaI. Da^.AaMbaoDkraMcyaa iva$Qd vaatavarNa inamaa-Na krNyaacaa p`ya%na kolaa. The chapter of the book discusses the specific stages of evolution of the Hindu Code Bill and provides the base for understanding the ideological underpinnings .
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Abstract: The Hindu Code Bill was introduced in the Constituent Assembly on 11th April, by Dr. B. R. Ambedkar with the intention to liberalise the personal. The Hindu Code Bill. THERE IS SOMETHING about the modern Miss which her elders never cease to condemn and envy. It is her freedom in changing her mind . Hindu Code Bill: Towards Liberation of Women. Poonam Chaudhary1. Abstract. Multiple roles of maternity formed the core of the discourse surrounding the.
Background[ edit ] While there may be a permanence of certain fundamental beliefs about the nature of life that is pervasive through Hinduism , Hindus as a group are highly non-homogenous.
As Derrett says in his book on Hindu law , "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth. However, whatever is known and interpreted about this Hindu law is a jumble of rules, often inconsistent and incompatible with one another, that are lacking in uniformity.
Opinions often differ as to the extent of the discrepancy between the current law and the public's needs, but most agree that a substantial inconsistency exists.
Matters that fell under the jurisdiction of these communities were called "personal laws. In , the British Government had already gone so far as to welcome individual Members' efforts at piecemeal codification, a limited but significant shift in policy.
As a whole, the enacted bills carried further a modest trend toward increasing property alienability, reducing the legal importance of caste , sanctioning religious heterodoxy and conversion and, most significantly, improving the position of women.
There were extensive debates over the place of personal laws in the new Indian legal system.
Some argued that India's various personal laws were too divisive and that a uniform civil code should be instituted in their place. And once the notion of a uniform civil code was put forward, it soon became accepted as an important part of the effort to construct an Indian national identity, over the separate identities of caste, religion and ethnicity.
Certain feminists thus argue that the uniform civil code debate balances on the polarity of the state and community, rendering the gender-based axis upon which it turns, invisible. It was widely criticised by proponents of a uniform code because it contained no mechanism and provided no timetable for enforcement.
However, Prime Minister Jawaharlal Nehru and others insisted on its inclusion, arguing that even if it was only symbolic, it was an important step towards national unity.
Recognizing that what he wanted was not a political reality, he settled for an unenforceable clause. The committee was to resolve doubts about the Deshmukh Act's construction, ensure that its introduction of new female heirs was not made at the expense of the decedent's own daughter and consider bills introduced to abolish women's limited estate and to make polygamy a ground for separate residence and maintenance.
Later in , the Committee reported that the time had come for a Hindu Code.
Hindu code bills
Social progress and modernization could only be achieved by fundamental reforms, which recognized gender equality. The code was to be shaped with the aid of orthodox, conservative and reformist Hindus and by a comprehensive blending of the best of the current schools of Hindu law and the ancient texts.
Much publicity was given to the project, and as a result of the committees' reports, the Hindu Law Committee itself was revived in and under its chairman, B. It was that Code that was widely circulated and discussed and given the name "Hindu Code Bill". After publication in twelve regional languages and a wide publicity campaign, the Rau Committee toured the country and examined witnesses. In the —44 legislative debate, opponents and supporters alike accepted as fact the view that the majority of the legal profession continued to support the code.
Opponents tried to undercut the perceived support by arguing that lawyers had become westernized or that the merits of the bill were for the people to decide, not lawyers.
However, his position greatly improved in when he succeeded Purushottam Das Tandon as Congress president. He chose not to test his combined powers as prime minister and party president, in regard to the bill at that time and allowed it to lapse.
He, however, promised fellow supporters that he would campaign on the bill, with plain arguments on the merits. Ambedkar in The Ministry of Law revised the first draft in and made some small alterations to it, making it more suitable for discussion in the Constituent Assembly, where it was finally introduced.
It was referred to a select committee under the chairmanship of law minister B. Ambedkar , and the committee made a number of important changes in the Bill. Significantly, it stipulated that the Hindu Code would apply to anyone who was not a Muslim, Parsi , Christian or Jew, and asserted that all Hindus would be governed under a uniform law.
Part two of the bill concerned marriage; part three adoption; part four, guardianship ; part five the policy on joint-family property, and was controversial as it included the nontraditional allocation of property to women.
Hindu Code Bill
Part six concerned policies regarding women's property, and parts seven and eight established policies on succession and maintenance. It also "established one joint family system of property ownership for all Hindus" by doing away with regional rules. Finally, it allotted portions of inheritance to daughters, while giving widows complete property rights where they had previously been restricted.
In Parliament N. Chatterjee, the Hindu Mahasabha leader, and S. Mokerjee protested vehemently against what they took to be a threat to file stability and integrity of traditional forms of marriage and the family in Hindu society. However, one of the most vehement critics of the government's proposals was Swami Karpatriji, a sanyasi who belonged to the Dandis, one of the orders founded by Shankara.
Hindu code bills
He had won respect for his knowledge of Sanskrit texts, his asceticism he had spent long periods in solitude in the Himalayas and for his skill as an orator. It was a measure of his authority that he had been involved in the selection of the four major Shankarachryas.
In he had founded the Dharma Sangh Association of Dharma , a cultural association for the defence of traditional Hinduism. In he founded a daily paper Sanmarg.
After he turned towards politics and established the Ram Rajya Parishad Council of the Kingdom of Ram to serve as a political party. This body organised numerous demonstrations against the Hindu Code Bill; 15, people, including personalities such as the Princess of Dewas Senior a former princely state in Central India , attended a week- long conference in Delhi at the beginning of The Hindu nationalists, for their part, were particularly exasperated that the civil law reform concerned only Hindus, whereas the Constitution enjoined in article 44 of the Directive Principles the State to give India a uniform Civil Code: hence Mookerjee's declaration that the "government did not dare to touch the Muslim community.
He was prepared to condone the right of civil courts to apply Muslim personal law in cases affecting Muslims. Gopal points out: "He urged incessantly the importance of generous treatment of the minorities so that they would feel that they were Indians, and be completely at home.The Bill, however, recognises that there are undoubtedly circumstances where if the wife has lived away from the husband, it must be for causes beyond her control and it would be wrong not to recognise the causes and not to give her separate maintenance.
I am sorry this was not circulated amongst the members.
Hindu Code Bill
Nehru made the Hindu Code Bill one of his top campaign initiatives, declaring that should the Indian National Congress win, he would succeed in getting it passed through parliament. It is however, with some amount of nervousness that I have risen to speak. Hansa Mehta has just referred to in her speech.
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