1 beginning of codification
1.1 initial draft
1.2 ambedkar s draft
1.3 further revisions , passing
beginning of codification
initial draft
in 1941, colonial government had appointed four-member hindu law committee, known rau committee after chairman b. n. rau. committee resolve doubts deshmukh act s construction, ensure introduction of new female heirs not made @ expense of decedent s own daughter , consider bills introduced abolish women s limited estate , make polygamy ground separate residence , maintenance. later in 1941, committee reported time had come hindu code. social progress , modernization achieved fundamental reforms, recognized gender equality. code shaped aid of orthodox, conservative , reformist hindus , comprehensive blending of best of current schools of hindu law , ancient texts.
the 1941 report accompanied 2 draft bills, each of laid before select committee of both houses of legislature. publicity given project, , result of committees reports, hindu law committee revived in 1944 , under chairman, b. n. rau, prepared draft code dealing succession, maintenance, marriage , divorce, minority , guardianship , adoption. code circulated , discussed , given name hindu code bill . after publication in twelve regional languages , wide publicity campaign, rau committee toured country , examined witnesses. result 1947 report of committee included , went far beyond 1941 proposals, recommending abolition of joint-family property system, introduction of daughter s simultaneous succession son father s estate, abolition of barrier intercaste marriages, assimilation of civil , sacramental marriages, , introduction of divorce higher castes. intention of government first draft should become law on 1 january 1948, whole project temporarily suspended when independence led priorities of legislature consumed task of creating new regime.
by 1943, significant opposition code had begun develop inside , outside legislature. in 1943–44 legislative debate, opponents , supporters alike accepted fact view majority of legal profession continued support code. opponents tried undercut perceived support arguing lawyers had become westernized or merits of bill people decide, not lawyers. nehru had been forced retreat original position of passing bill. however, position improved in 1951 when succeeded purushottam das tandon congress president. chose not test combined powers prime minister , party president, in regard bill @ time , allowed lapse. he, however, promised fellow supporters campaign on bill, plain arguments on merits.
ambedkar s draft
law minister b. r. ambedkar in 1950
the ministry of law revised first draft in 1948 , made small alterations it, making more suitable discussion in constituent assembly, introduced. referred select committee under chairmanship of law minister b. r. ambedkar, , committee made number of important changes in bill. edition had 8 sections: part 1 delineated considered hindu , did away caste system. significantly, stipulated hindu code apply not muslim, parsi, christian or jew, , asserted hindus governed under uniform law. part 2 of bill concerned marriage; part 3 adoption; part four, guardianship; part 5 policy on joint-family property, , controversial included nontraditional allocation of property women. part 6 concerned policies regarding women s property, , parts 7 , 8 established policies on succession , maintenance. allowing divorce, ambedkar s version of hindu code conflicted traditional hindu personal law, did not sanction divorce (although practiced). established 1 joint family system of property ownership hindus doing away regional rules. finally, allotted portions of inheritance daughters, while giving widows complete property rights had been restricted.
conflicts arose categorization of considered hindu. code established hindu negative category include did not identify muslim, jew, christian, or parsi. such broad designation ignored tremendous diversity of region, tradition , custom in hinduism. practised sikhism, jainism, , buddhism considered hindus under jurisdiction of code bill. while had included aspects of hinduism, then, had evolved unique religions own customs, traditions, , rituals. there significant controversy on established hindu personal law. sanctioned under hinduism variety of practices , perspectives. therefore, administration had arbitrate between these variations, legitimating , disregarding or marginalising others.
further revisions , passing
the draft ambedkar submitted constituent assembly opposed several sections of lawmakers. motion begin discussion on hindu code bill debated on fifty hours, , discussion postponed on year. realizing have make significant concessions bill passed, nehru suggested proposed law split several sections. told constituent assembly contend first 55 clauses concerning marriage , divorce, while rest considered parliament of india after first general election. however, compromise largely ineffective in convincing conservatives support bill. when 3 of 55 clauses passed after additional week of debating, nehru had ambedkar s committee distribute new draft complied many of critics demands, including reinstitution of mitākṣarā joint family system, amendment allow brothers buy out daughters share of inheritance, , stipulation allowing divorce after 3 years of marriage. however, after bills defeated again in assembly, ambedkar resigned. in letter released press, held decision largely based on treatment had been accorded hindu code bill administration s inability passed.
in 1951–52, india held first general elections. nehru made hindu code bill 1 of top campaign initiatives, declaring should indian national congress win, succeed in getting passed through parliament. congress won sweeping victories, nehru reinstated prime minister, , began comprehensive effort devise bill passed. nehru split code bill 4 separate bills, including hindu marriage act, hindu succession act, hindu minority , guardianship act, , hindu adoptions , maintenance act. these met less opposition, , between years of 1952 , 1956, each introduced in , passed parliament.;
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