3.2.2 Object and Scope of the Act Object. The Hindu Succession Act, 1956 has been passed to meet the needs of a progressive society. The old law despite several innovations brought about in it by legislations and judicial decisions did not fulfil the desired ends and remained hardly acceptable to a dynamic Hindu society of contemporary era Hence there was a need for a uniform system of law of which may be acceptable to all sections of Hindus and be equally upon them. With this end in view the Hindu Succession Act 1956 came into existence. It removes inequities between men and women with respect to rights in property and it down a common list of heirs entitled to succeed on intestacy. The Act has been passed to amend and codify the entire law of …show more content…
The Hindu Succession Act 1956 applies to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj and to any person who is a Buddhist, Jaina or Sikh by religion; and also to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matter dealt with herein if this Act had not been passed . There are some exceptions that the Act applies to the members of any Scheduled Tribe within the meaning of Clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise
Rule 3 of the Companies (Incorporation) Rules 2014 say, only a natural person who is an Indian
In addition this law made it so that people considered to be ‘Indians’ could not control their land, their property, the resources on their land and in turn their culture. Ultimately, this was a racist law which was put in place to control and segregate AP to instill, in AP as well as NACs, that AP were to be considered ‘less than’ the remaining population. This put AP in a position to experience many inequities in regards to; health, education, employment legal rights (owning property/assets) when compared to NACs (Allen & Smylie, 2015, p. 6; Reading, 2014, p. 5). The Indian Act produced an “us vs. them, mindset” in regards to why NAC feel disconnected to AP and their culture (Bourassa, Mckay-Mcnabb & Hampton, 2004; Loppie et al, 2013, p. 2). The negative stereotypes that this population has to overcome, in part due to the Indian Act, are things such as them being; alcoholics, addicted to drugs, without a job to support them, and dangerous (Reading, 2013, p. 3). Stereotypes highly influence the way people of the dominant culture group, (NACs), understand, view, and interact (or avoid interaction) with
To further support my argument that these people and their organizations have confronted the issue of voting rights which led to modifying Section 77 of the Indian Act I will discuss an academic source titled The purpose of Canadian equality rights written by Donna Greschner, a professor at the University of Saskatchewan. Greschner begins her paper by discussing that the equality provisions in the Canadian Charter of Rights and
The Indian Act is one of the most outdated and irrelevant pieces of legislature ever written. In 1876, the Crown consolidated all existing laws pertaining to Indians, and called this new document the Indian Act. They did not solicit input from Aboriginal people and in fact, at that time, Aboriginal people were not even allowed to vote for or against the politicians who were creating this Act. If this Act was written in 1876, what effect could it possibly have on anyone today? The answer to this is complex and requires an analysis of what is contained within the Act.
Panchayat system is a local institution of conflict settlement that draws its legitimacy from traditional practice of tribal elite justice; whose unchecked power was reinforced by colonial rule on the lives of poor people. The feudal nature of the society, where tribal political elites and Biradari leaders want to strengthen their position or to deepen their hold through such informal structures; makes this parallel justice system widely acceptable amongst the masses. The honorable men of the society head the informal justice forum and suggest solutions that are binding on the parties involved focusing on restoration of societal equilibrium rather than individual human rights (National Commission on Status of Women).
Arrangement related with the dwelling has been made in section 23 of the act which lays down that female heir in the dwelling house of the intestate family is given. But only when she is unmarried or is married but discarded or is a widow. Other most significant provisions are related with the disqualifications of heirs. A murderer is not entitled to succeed to the property of person murdered. Likewise a person is converted into another religion. His descendants are disqualified from inheriting the property of their Hindu relatives. But he himself is not disqualified from the right of inheritance.
A reply to Singh, Jayal and Adeney” the various religious minority groups in India are closely examined and how the federal state attempts to transition them into accepting the traditions and values of Hinduism in efforts to create harmony between the oppressed and majority based states. She articulates on this by saying “while the central state in India used accommodation to maintain unity within core states, it used coercion against peripheral states” (Chadda 2003). This makes it evident that a healthy democracy cannot be maintained on the basis of religion, as religion is pertinent to perspective. Additionally, historical government leaders of India had started referring to the nation as “Hindustan” causing this notion of India being dominated by the Hindu population to be validated. By doing so, India moves further away from becoming truly democratic, since the whole Indian population does not conform to being identified as a “Hindustani”. Accordingly, the minority religions begin to revolt and create their own sub-nation in the country they are being alienated in, causing there to be a gap between the federal government and the minority and creating an ongoing
Section 12 of the Hindu Adoptions and Maintenance Act, 1956, relates to the Effectsof Adoption and the provision reads as under
In post-India, Nehru and his government attempted to raise the social status of the Untouchables with the First Five Year plan in 1960. However, it was not as effective as at that time, the Indian society was rigid with the caste system continuing to be prevalent in every sector of society. Each member of caste system cannot dine or wear the same clothes as that of the other caste group and the marriage across caste system are considered as taboo. Especially for the dalits such as Varna, they could not go to school not were they provided with basic hygiene that other caste groups enjoy. Many assume that the caste system is intrinsic to the religion Hinduism as the teachings of Hinduism such as karma, reveal that good karma is given to the present live
The Mandals commissions’s recommendations underscored the rituals divisions and economic inequalities within mainstream of Hindu society; in
The Tamil Nadu Backward Classes Commission took special note of it and suggested compartmental reservation for different categories of Other Backward Classes, but the State Government did not heed this suggestion. The main question here is.Why did the weaker and minor backward castes constituting 88.7% of the backward classes population not feel the resentment against the benefits of reservation going to only a handful of castes? The answer will have to be found in the peculiar Dravida Kazhagam culture. Which has been forged both by the DMK and the AIADMK. As long as the Tamil cultural revivalism continues grip the State and as long as the anti-Hindu, anti-North and anti-Aryan issue dominate the minds of the people, a real backward classes movement espousing the cause of the really backward will not emerge. The same factors continue to provide cohesion between the various non-Brahmin castes. The DMK leader particularly is not interested in anything which will weaken the ethos of the Tamil
The Sangha Act of 1962 rejected the principles of democracy and returned to a hierarchical structure. This new hierarchical structure reflected the government structure creating multiple layers down to the local level. This parallel structure allows the sangha to continue to operate in one of its more significant roles as a channel of communication for the government.
India is a South Asian country where people hold various castes and religions. After India gained independence, the Constitution of India listed backward castes of the people as Scheduled Castes (SC) and Scheduled Tribes (ST). The Constitution laid down 15% and 7.5% of vacancies to government aided educational institutes and for jobs in the government/public sector, as reserved quota for the Scheduled Caste and Scheduled Tribes candidates respectively for a period of five years, after which the situation was to be reviewed. Reservation, in Indian law is a form of affirmative action whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and private educational institutions, except in the religious or linguistic minority educational institutions, for the socially and educationally backward communities and the Scheduled Castes and Tribes. The common refrain tends to be that less qualified people from backward castes in the field of education and employment get preferential treatment because of caste based reservations.
Only a few Khasi people are interested to change the laws in terms of property inherence. But change of inheritance law means change of social structure, which majority of Khasisdo not like.A similar attempt to change the law was made by the Khasi Students Union (KSU) in the eighties but it was given up as the traditional Khasi society did not show enthusiastic response.The society is divided on the issue as those seeking change
With the coming of the British to India, the legal system of India changed from what it was in the Mughal period where mainly the Islamic law was followed. The legal system currently in India bears a very close resemblance to what the British left us with. As per the needs of the changing times changes