Indi A Country Of Personal Laws

Under the Indian Act women became fully dependent of their fathers and husbands for their Status as well as their band membership and made heterosexuality mandatory, thus cutting off sexuality rights. If a woman married a man who had Status and was a member of a different band she and her children would then become members of the husband’s band. If a woman married a ‘Non Status’ man or non-Indian man she and all of her children would have lost their

Yet in America, it is quite different. As stated by Paul Hockings, the Indian culture believes that a woman must obey the men in their lives in a certain order. For instance, a woman should obey her father first, next her husband, and finally her son. The head male of the family, whether it is the father, husband, or son is in charge of the entire family. The head male is also important in arranging marriages. The head male of the family, has to compensate or receive compensation at the time of a child’s marriage. In the Indian culture, the primary purpose of a marriage is to bring families together. It is usually not done out of love or romance. If a marriage is not approved or arranged by the parents involved, then the act is frowned upon. In America, marriages are not typically arranged and people do not receive compensation during a

Civil right is considered as the fundamental and basic rights of citizens to political and social freedom with the assurance of equality. Civil rights, gives every citizen equal opportunities and equal protection under the law, notwithstanding of race, religion, or other personal characteristics like disabilities. Examples of civil rights include right to equality in public places, right to vote, right to speech, right to employment, right to equal education, etc. civil rights are integral part of democracy, which are protected by government and is basically included in thirteenth and fourteenth amendments of the U.S. constitution. Civil liberties is a basic freedom. Civil liberties can also be defined as the freedom of citizens to follow their ordinary rights which are guaranteed by Bill of rights in context of America.

The Uniform Commercial Code (UCC or sometimes referred to simply as the Code) is a statute published by the National Conference of Commissioners of Uniform State Laws (NCCUSL), (Melvin, 2011). This statute is adopted by every state in the U.S., except for the state of Louisiana. The function of the UCC is to promote commercial efficiency through providing standardized policies and procedures that consumers and merchants can depend on. Common Law contracts governs transactions with real estate, services, insurance, intangible assets and employment (The Asset Protection Attorneys, 2015). Common Law is primarily concerned with the sale of merchandise and securities.

The Uniform Commercial Code was published in 1952 by legal scholars in order to facilitate the easy information and enforcement of contracts in a fast- paced world. There are nine articles to the uniform commercial codes. Article one deals with the law of contracts and article nine deals with payment in security interest agreements. The most important article is article two which deals with the sale of goods. The definition of goods are anything movable, except for money, securities and certain legal rights . Article two also states the rules for contract formation, such as the firm offers, shipments of goods and modification of terms. Article two states the rule for contract repudiation and breach listing several scenarios. Lastly, UCC is produced by a private

The Uniform Commercial Code covers business operations. It was published in 1952 after approval by the American Law Institute, the National Conference of Commissioners on Uniform State Law, the House of Delegates and the American Bar Association. There are 9 chapters in the Code that cover sales, leases, negotiable instruments, bank deposits and collections, funds transfers, letters of credit, documents of title, investment securities and secured transactions.

Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative

The Uniform Commercial Code (UCC), in contrast, falls under civil law, “which is based on a rigid code of rules” (businessdictionary.com, 2013). It was established to create a uniform set of laws for business transactions, since common law can vary from state to state (Beatty, Samuelson, Bredeson, 2013). As far as contracts are concerned, Article 2 of the UCC is of most significance. This part of the code deals with the sale of goods. Goods are defined in terms of contracts as anything that is moveable, other than money, investment securities and certain legal rights (Beatty, Samuelson, Bredeson, 2013). Common law, on the other hand, is used for contracts involving the sale of services or anything else other than goods (Beatty, Samuelson, Bredeson, 2013).

The Uniform Commercial Code is a set of legal rules that was developed to bring about a sense of consistency to the commercial industry. It is merely a blueprint of how the developers interpret the way of doing business that would be fair and just to all parties concerned. It was totally up to the individual states if they would enact the UCC as written or construct modifications they felt were necessary to circumstances within that state. Once the codes were adopted by an individual state, they became the legal authority that still governs the way many business transactions are handled today.

I can assume that the main objectives of this chapter are to define the Indian law; who, where, and when it is appropriate to settle cases amongst themselves or other tribes as long as the conditions meet the requirements for the tribes to have their own jury. Besides the need to describe what the law is for Indians, there are also sections that set the characteristics and requirements that are used by federal government to define a tribe and an individual as an American Indian legally.

After going through the uniform civil code I directly concluded that the article 44 which talks about uniform civil code is against the certain provision of fundamental right. The uniform civil code define a single law for all the religion even for hindu and muslim then why only it’s for Hindu does the religious law of the muslim is above the constitution??. As every one is the citizen of this country of the country so the law should be a single for everyone. There have been a several example that the triple talaqh issue is violating the provision of fundamental right especially article 13 and article 21 which define equality and liberty. The women can’t survive throughout their life with small chunk of money and even due to some extra religious

Couples who dare cross the social conventions have to cope with a lot of social pressure within their families and outside. These problems are more acute in the rural areas compared to the urban areas and metropolitan cities. Much depends upon the family background. If parents are educated and enlightened on both sides, things would be easier for the children, who get involved in unconventional relationships. One of the evils of Hindu marriages is the ubiquitous dowry system.

A land already divided (to the point of even having been broken up) on religion lines, the last thing one needs in the country is the existence of a law or a body of laws, that actively lay down a different set of rules for people, on the basis of their religion. The Shah Bano case stands as evidence of the unfairness that can arise without a clear-cut separation between the judiciary and the legislation. One set of women (as illustrated in this case, followers of the Islamic religion in India) would have to give up certain rights that were granted to other women in similar circumstances, on the basis of something as arbitrary as the religion that they had been born

Maintaining social order and creating a centralized government, promoting literacy and providing identity of class and gender are just a few ways that civil codes and laws have had their historical importance. All of these benefits of a written code of law allow a civilized population to expand and give boundaries that provide for regulation of morality and social order over large populations within the said boundaries of the law. Civil codes and laws, whether written or oral traditions of a said people, are what has historically set forth precedents that have shaped cultures, and allowed large populations to come together under one governing body and grow from cities into

Moreover, the use of sentencing circles still in use in some indigenous cultures across the world and remnants of the “panchayat” system used in rural communities across India are extremely valuable for us to study the inner workings and effectiveness of theses traditional justice systems. George and Lynn Vincentnathan, in their article briefly describe the duties and inner workings of the “panchayat” construing that the panchayat “consisted of caste elders” that discussed “issues and disputes internal to the caste” and another that consisted of village elders mostly “ higher caste landowners” who settled disputes ranging from land disputes, theft, more serious offences to even family disputes and arranging marriages, with “sanctions for wrongdoing including fines, restitution, and excommunication” (2007).