BY Ishika Siddharth Pandey - Bba - Llb/7-21/065 Bayanshu Shalini

COMMON, SECULAR, FAMILY LAW INDIA
BY
ISHIKA
SIDDHARTH PANDEY - BBA.LLB/7-21/065
BAYANSHU
SHALINI
BBA LLB, SEMESTER-I 2021-2026
UNDER THE SUPERVISION OF PROFFESOR: -
RAHUL MISHRA
This Photo by Unknown Author is licensed

under CC BY-NC
ALLIANCE UNIVERSITY BANGALORE
Wikipedia=https://en.wikipedia.org/wiki/Secularism_in_India
Wikipedia=https://en.wikipedia.org/wiki/Forty-second_Amendment_of_the_Constitution_of_India
YouTube=https://www.youtube.com/watch?v=vAEIhk7QnwQ
Book=social problem in India
Website=indiankanoon.org
SUBMITTED ON- 15/11/2021
CONTANT
CHAPTER NAME . TITLE OF THE CHAPTER. PAGE NO.
1. DECLARATION
2. ABSTRACT
3. INTRODUCTION
4.
COMMON
4-6
5.
SECULAR 6-10
6.
FAMILY LAW OF INDIA 10-20
7.
In our projects we have discussed about what is the importance and function and even
difference in personal and family law. what it talks about the legal guidelines that govern every
law and even what are the consequences of writing law for every religion without thinking
about every person in India. we have through some light on the concept and scope of Hindu
law. ancient source talks about shruti and smritis.in India we also have Islamic law and it is also
as important as Hindu law even Islamic law have also more resources. The UCC debate what's
its history how it is started what changes had done till now to work in the society ad i n India to
formulate and put into effect secular personal laws which apply on all citizens we through some
light on that also. It is emerged as a important topic in India now. India is a secular nation.
Secularism plays an important role in today's society even India was secular since republic. We
have western concept of secularism and also the main case we had discuss. Some ideological
contest in India view by some great leader of India and the forty second amendment (1976) is
regard as the most controversial amendment in history. at last, we discuss about the types of
laws in India like common law, Indian penal code (1860) IPC, Code of criminal
procedure,1973(CRPC), Code of civil procedure (1908) CPC, also Indian Evidence Act ,1872 in all
this topic we see that where we can fine the definition of that, what is the exact meaning of
that, what is the role of all the laws in the society how it Work, and what is the importance in
the constitution and in society and and in person life also.
Common law
The term “common law” was used by English canonists to signify the common law of church
contrary to the usages prevailed or modified the common law of Christianity. Though the term
common law is readily comprehensible its exact meaning is unknown to many. Codification of
common laws made the law uniform throughout the country and fostered a kind of legal unity
in fundamental laws. The Codes apply uniformly throughout the nation.
Common law is the judge made precedent opposed to the written statutory laws. Statutory law
is defined as the written law made by a legislative body. The body of law derived from case laws
i.e. judicial decisions instead of statutes is common law.
Common law system originated with several other reforms after the Norman conquest in 1066
A.D.1 England. The judicial system of England shifter from country courts that exercised both
civil and criminal jurisdiction to system of Eyre, introduced by William II, wherein the king
appointed four judges to review actions of the country courts and hear cases of appeals. This
provided as a basis for development of common law in England as it centralized control over
local courts. Henry II created a system of law common to the whole England. The common law
system consists of those rules of law which derive their authority from the statements made by
decisions of courts. It is the incarnation of comprehensive unwritten principles derived from
natural reasoning. Several stages of research and analysis is required to determine the common
law system. Contrary to codified law common law follows the judgment rather than preceding
it. Carefully ascertained facts, relevant cases and statutes are to be identified, and the principle,
ideas by various courts need to be understood and applied in order to determine how they
would help in understanding the point of law in question within that specific case.
Common law system in India

The advent of English East India company in the 1600s for trading interest later on shaped the
foundation of modern Indian society. Amongst the various transformations most relevant was
setting up a new type of judicial system. By the seventeenth-century admiralty courts were set
up in the three presidency towns of the British i.e. Bombay, Madras, Calcutta, which courts
derived jurisdiction directly from the company and not the crown . This changed in eighteenth
century when royal charter mayors where established who derived their authority directly from
the crown. A system of appeals to the privy council from such courts was also laid down. The
mayor’s court was replaced by Supreme Court in eighteenth century, where the chief justice
1
https://blog.ipleaders.in/common-law-apply-india/?amp=1
and puisne judges where to be appointed by the king. Later by the letter patents act of 1862
high court replaced the Supreme Courts in presidency towns and other provinces 2. Coding of
law began with the establishment of the law commission to review the Indian legal system. For
criminal matters Indian Penal Code of 1860 was codified under the supervision of Lord Thomas
Babington Macaulay3. The Evidence Act of 1872 and The Contracts Act of 1872 were planned
by the same commission. All these developments till the nineteenth century lead to the
establishment of an Indian judicial system, predominantly based on the common law system of
English.
It took two centuries for British to set down common law in Indian legal system pointing out
that one can not allocate an individual identity of Indian Jurisprudence. As both english and
Indian society has different composition and needs the application of common laws has been
different. Majority of laws we have today where derived from common law principles and they
have stood against time with minimal amendments. Indian penal code 1860, Indian Evidence
Act 1872, the Code of Criminal procedure 1973 and Code of Civil procedure 1908 are the basic
statutes governing civil and criminal justice in India. The codification of laws made laws uniform
throughout the country leading to legal unity in fundamental laws, codes being applied
uniforms throughout the country.
Indian Penal code, 1860 (IPC)

IPC,1860 is defined as the official principle criminal code of India that defines ‘crimes’ and
provides punishments for crimes and ‘actionable wrongs’. This comprehensive code intended to
cover all substantive aspects of Criminal law. IPC was laid down in 1860 on the
recommendations of first law commission of India which was established under the Charter Act
of 1833. IPC lays down the objective to provide a ‘General Penal Code’ for India which came
into force in British India in 1862.section 2 of Indian Penal Code says that “Every person shall
be liable to punishment under this Code and not otherwise for every act or omission contrary
to the provisions thereof, of which he shall be guilty within..” 4 . Thus it can be inferred that
every person irrespective of his/her rank, nationality, cast or creed shall be liable for an offense
committed in India. This General Penal Code eliminates any classification on any basis .
Code of Criminal Procedure, 1973 (CrPC)
2
https://www.mondaq.com/india/patent/783120/clause-xii-of-letters-patent-and-original-jurisdiction-of-the-high-
court-established-under-letters-patent
3
https://en.m.wikipedia.org/wiki/Indian_Penal_Code
4
https://indiankanoon.org/doc/915147/
Criminal procedure code is defined as the primary legislation regarding the procedural aspect of
Criminal law. The law was enacted in 1973 and was enforced on 1 April, 1974. 5 The procedural
law provides the machinery for the investigation of crimes(as defined by IPC), apprehension of
suspected criminals, collection of evidence, determination of guilt or innocence of the accused
person and the determination of punishment of the guilty. CrPC established a uniform
procedure for enactment of criminal law.
Code of Civil procedure, 1908 (CPC)

Code of civil Procedure regulates the law concerned with practices and procedures to be
followed in civil courts. This systematic collection of statues avoids overlapping and
inconsistency in civil procedure. CPC regulates each and every action from the initial stages of a
case to its degree leading to a uniform proceeding in civil matters. Till 1859, in India,, there was
no uniform codified law for the procedures to be referred by the Civil Courts . The Civil code
passed initially had to be replaced several times as it didn’t meet the requirements of the time.
Though the Civil procedure code of 1908 had to go through various amendments, still it
withstood the test of time and is in force till date.
Indian Evidence Act, 1872

Evidence Act, 1872 consists of the methodology by which the cases have to be conducted in the
matter of production of relevant oral, documentary and material evidence and the examination
of witnesses. The Law of Evidence is an important part of any branch of the judicial system
irrespective of any nation, which means the role of evidence is very important statute in every
country.This law applies to the whole of judiciary.
SECULAR
INTRODUCTION
Secular means not connected with religion and spiritual matter, with the forty second
amendment of the constitution of India in 1976 the preamble of constitution assert that India is
a secular nation. However supreme court of India in 1994 case SR BOMMI VS UNION OF INDIA
5
https://en.m.wikipedia.org/wiki/Code_of_Criminal_Procedure_(India)
establish the fact that India was secular since the formation of republic. The judgment
establishes that there is separation of state and religion “in matter of state religion has no
place”
WESTERN CONCEPT OF SECULARSIM

1=SEPRATION OF RELIGIOUS INSTITUTION FROM THE INSTITUTION OF STATE
2=FREDOM OF CONSCIENCE FOR ALL INDIVIDUAL CIRCUMSCRIBED ONLY BY THE NEED OF
PUBLIC ORDER AND THE RESPECTOF THE RIGHTS OF OTHER INDIVIDUAL.
3=NO DISCRIMATION BY STATE ON INDIVIDUAL ON BASIS OF THEIR BELIEFS
“ERECTING THE WALL OF SEPRATION BETWEEN CHURCH AND STATE IS ABSOLUTELY ESSENTIAL
IN A FREE SOCIETY”
THOMAS JEFFERSON,1808
THE TERM ‘SECULARISM’

1=The term itself dates only to the 19th century, when it was coined by British reformer GEORGE
JACBO HOLYOAKE in 1851
2=he invented it to describe his views of promoting a social order separate from religion,
without actively dismissing or criticizing religious belief.
The concept of ‘secularism’ in fact was first used in Europe when the church has complete
control over all type of properties and nobody could use property without the consent of the
church. Some intellect raised their voice against this practice. These people came to
known as ‘secular’ what means “separation from church. In India, this term was
used in different context after independence. After the partition of the country the politician
want to assure the minority communities, particularly the Muslims that they would not
discriminate against anyway. Hence the new constitution would provide that India would
remain ‘secular ‘in India.
Which means (a)every citizen will get guarantee to practice his or her religion. (b)state will
have no religion(c)all citizen will be treated equally irrespective of his or her religion.
In secular society the leaders are not expected to use religion for political purposes. each party
should not label other party as non-secular.
IDEOLOGICAL CONTEST IN INDIA

View of Gandhi, Nehru and Tagore
1=Gandhi -SARVA DHARMA SAMA BHAVA-equality of all religion-all religions
should be treated equally
2=Nehru-DHARMA NIRPEKSHTA-religion should become a private matter and should not paly
a role guiding public life.
VIEW OF HINDU RIGHT WINGS

1= there is a difference between India and western society-latter is capable of individuation.
2=India should be found on a vivid sense of common identity and this common identity
can/should only come from religions.
FORTY SECOND AMANDMENT ACT (1976)

This act is enacted during emergency (5 June 1975 - 21 march 1977) this 42 nd amendment is
regard as the most controversial amendment in the history.
It attempted to reduce the power of supreme court and high court to pronounce upon the
conditional validity of law.
CONSTITUTIONAL CHANGE
1=The parliament was given unrestrained power to amend any part of constitution without
judicial review
2=Article 74 was amended and it was explicitly stipulated that “the president shall act in
accordance with the advice of the council of minister”
3=New directive principal added article 39A, article 43A, and article 48A “No law implementing
any of the directive principal could be declared unconstitutional on the ground that is violate
any of the fundamental rights.
4=the 42nd grant power to the president in consultation with the election commission.
5=The three word which were added in the preamble to the constitution of india by the 42 nd
amendment ACT1976 are SOCIALIST, SECULAR AND INTEGRITY.
SR BOMMAI VS UNION OF INDIA 1994

 The Indian constitution is a legal document .it provides a machinery for the governance
of country. and it is a means to achieve a goal and ideal.
 Secular is a part of basic structure of the constitution and their fore cannot be amended
 The court reiterated Nehru opinion that no religion will be at risk in a secular India,
because the government will not be aligned to religion.
 Secularism is derived from the cultural principal of tolerance and ensure the equality of
religions (sarva dharma Sama bhava)
OFFICIAL DEFINATION
ON 27 OCTOBER2016, amidst an acrimonious legal debate on curbing the role of religion in
electioneering the supreme court rhetorically ask WHETHER SECULARISM MEANT COMPLET
SEPRATION OF RELIGION AND POLITICS.
The bench concluded that secularism does not mean that the state should stay aloof from
religion but that should give equal treatment to every religion.
CONCLUDING REMARK
 Secular per se has little to do with in inequality or injustice within religious group.it is
concerned about a form of equality, or non-decimation between religious group.
 Secularism has been present as a binary opposite of communalism, it is the binary
opposite of theocratic state bringing together religious and political power in the one
set of hand.
 Secularism is a part of the democratic imaging and is not a standalone concept.
 The challenges to secularism have not come from personal faith or religions, but from
religious group that struggle for power or against power and domination.
PERSONAL AND FAMILY LAWS IN INDIA:

In India since Family Law is a blend of mainstream law for example law which applies paying
little heed to an individual's religion or local area, and individual laws for example laws which
apply dependent on an individual's religion or local area, it is named 'Family and Personal Laws'.
The Constitution of India ensures to its residents the right to freedom of conscience and free
career, exercise, and propagation of religion, underneath Part III i.e. the fundamental rights
chapter of the Indian Constitution. The Part III of the Indian Constitution also ensures to its
residents the right to equality earlier than the law or identical safety of the legal guidelines, the
prohibition of discrimination on grounds of religion, caste, intercourse, and so on, the freedom
which has within itself the suitable to degree with dignity and matched with to mention that
even Article 25 which offers the freedom of faith is moreover subjected to the opposite
fundamental rights and thus is not absolute.
So, the next question is What are Personal laws?
Personal laws are a fixed set of legal guidelines that govern and regulate members of the family
bobbing up out of sure factors connecting two individuals or over two persons. These elements
are marriage, blood, and affinity. Moreover, non-public law governs and regulates topics or
regions of a private sphere along with marriage, divorce, protection, succession, minority, and
guardianship, and many others. Barring few, most of the personal legal guidelines in India are
supported scriptural legal guidelines which are divided and supported by religions. They deliver
norms of governing private relations inside the family founded. Over time, these norms were
given statutory reputation with numerous enactments in the region of marriage, divorce,
protection, inheritance and succession, guardianship, and custody subjects. Importance of
personal law is regularly visible by using its very nature, composition, and individual and
relations to which it’s being carried out. Personal laws occupy a unique position in these day’s
age and it performs a large function to hold the society in the metropolis bounds. There are few
areas in some communities, which are but to run a legislative shape. It is the political
surroundings hampering the reform in a few personal laws of the country.
Personal legal guidelines are a fixed of legal guidelines that govern and regulate members of
the family bobbing up out of sure factors connecting two individuals or over two persons. These
elements are marriage, blood, and affinity. Moreover, non-public law governs and regulates
topics or regions of a private sphere along with marriage, divorce, protection, succession,
minority, and guardianship, and many others. Barring few, most of the personal legal guidelines
in India are supported scriptural legal guidelines which are divided and supported by religions.
They deliver norms of governing private relations inside the family founded. Over time, these
norms were given statutory reputation with numerous enactments in the region of marriage,
divorce, protection, inheritance and succession, guardianship, and custody subjects.
Importance of personal law is regularly visible by using its very nature, composition, and
individual and relations to which it’s being carried out. Personal laws occupy a unique position
in these days’s age and it performs a large function to hold the society in the metropolis
bounds. There are few areas in some communities, which are but to run a legislative shape. It is
the political surroundings hampering the reform in a few personal laws of the country.
India is a country that comprises of human beings following distinctive religions. It is obvious
that on the subject of governing them, spiritual ideals of the people can't be left out, but the
question is what all things must be taken into consideration as regulation and what now not,
now not best this which all sources ought to be looked upon even as framing laws so that you
can govern humans of different religions. The essential religions in India are Islam and
Hinduism. Apart from that, there is a large amount of populace comprising of Sikhs, Buddhists,
Jains, and Christian. Therefore it's far essential to take a look at all of the sources which might
be appeared upon before framing legal guidelines affecting the lives of human beings specially
their personal subjects like divorce, marriages, inheritances, and so forth.
Hindu Law
Hindu regulation is nothing but the concept of dharma, the idea of dharma in Hindu law isn't
defined exactly but it has come to mean the way of life a person lives and enjoys, which
includes each component of his existence. Right from the start till the demise of a person the
whole lot is protected and ruled with the aid of dharma. In different phrases, dharma is on
occasion said to be the guiding force for all the Hindus. It incorporates guidelines concerning
the right behavior of people, it preaches love for all people and includes the duties that every
character has toward the society as an entire. Dharma also become the most important
regulation which the kings of historic instances, particularly the Hindu kings used to manipulate
the people. All the laws which had been exceeded needed to be in conformity with the dharma,
in easy phrases the king was no longer above dharma and needed to rule according to dharma.
Scope of Hindu regulation-

Essentially Hindu law includes all the sports and the practices that people were following every
now and then and for this reason becoming customs, however because the society stepped
forward Hindu regulation become majorly used to set up the brahmin dominance, the idea of
caste gadget is likewise an instance of this underneath which the Brahmins have been placed
on the pinnacle and the kings who had the real electricity below them. Sources of Hindu
regulation
Hindu law is made up of various text and scriptures, the boom of Hindu regulation become both
natural and every now and then helped by using the regulation that became enacted at some
point of the British length. Sources of Hindu regulation can be divided into historical sources
and current sources.
Ancient sources encompass religious text including shrutis and the smritis, apart from that
there are numerous Upanishads which also have been part of Hindu regulation.
Shruti as a source of law-

Shruti means to hear, it is derived from the word “shur” which means that to pay attention.
Shrutis are taken into consideration to be the most important supply of Hindu law. Another
time period for Shruti is Veda. In line with Hindu law, there are 4 Vedas particularly, Rigveda,
Samveda, Yajurveda, Atharveda. The brahmins used to pronounce what's written in those
Vedas to the human beings. Since brahmins had been taken into consideration to be informed
people something they said changed into of superb significance and it changed into considered
to be the law of the land, consequently shrutis contain what's written and suggested through
the brahmins. Brahmins also inform us about the duties that the person has to comply with and
how to perform those obligations. The Upanishads include the essence of these responsibilities.
Smriti is derived from “smri” which means that to don't forget. Smrtis are those parts of shrutis
which the sages forgot to tell in their unique shape and consequently wrote down in the
language which they had been acquainted with, consequently shrutis are taken into
consideration to be the idea of smritis. There are 2 varieties of smritis first is Dharmasastras and
the opposite is Dharmasutras. Dharmasastras consists of the guidelines regarding the ethical
code of behavior for Hindus, whereas Dharmasutras consists of the policies regarding
authorities, caste, the relationship between humans, economic affairs, eating conduct, etc.
There are many smritis that one can't count number but the two famous smritis are Yajnavalkya
smriti and manusmriti. Manusmriti is also considered to the primary regulation e-book written
by using Manu.
Digests and Commentaries -
The 0.33 most vital supply of law is the digests and the commentaries written by using
numerous authors of Hindu law. Commentaries usually touch upon the smritis, the region of
commentaries is from the seventh century to 1800 AD. Commentaries additionally laid the
inspiration of numerous schools of Hindu regulation. Digests contain the vital factors of all the
smritis and mentioned their reconciling and contradictions. Various digests and commentaries
have been written via diverse authors on the 2 maximum famous smritis this is manusmriti and
yajnavalkya smriti namely.
On manusmriti
Medhatithi has written Manubhasya.
Govind Raja has written Manuka.
On yajnavalkya
Vigneshwara has written the well-known statement on Mitakshara.
Arpaka has written Aparaditya.
Customs
Customs are the maximum vital and the oldest form of lawmaking, customs suggest the
traditions, practices, sports, that human beings have been following for generations and
beyond regular time diagnosed as law. The essence at the back of thinking about customs as a
main supply of law is that when you consider that humans comply with customs and if a few
customs are not harmful to society then the nation has no problem recognizing it. In order, that
a custom will become law there are some essentials which it may fulfill such as a custom ought
to be legitimate, it ought to be in continuity, it ought to be followed with the aid of a massive
quantity of people and closing it have to no longer be discriminating and should now not be
against public coverage.
Indian law has recognized 3 types of custom namely:
1. Local customs- These are the customs that are prevalent in a particular local area.
2. Class customs- These are the customs that are prevalent amongst a particular class.
3. Family customs- These are the customs that are binding on the members of the family.
Modern sources of Hindu law
After the arrival of British many changes were brought in the personal laws of Hindus and many
legislations were also passed, the modern sources of Hindu Law the doctrine of justice equity
good consciousness, legislation, and precedents
Justice Equity and Good Consciousness -

In instances wherein there was no right regulation to settle the disputes nor there was an
present regulation, then the judges used to offer judgments in step with the idea of Justice
Equity and Good Consciousness. This doctrine become primarily based at the idea of fair play,
this doctrine did no longer have a uniform software for the reason that taking into
consideration one judge may be distinct from the alternative, but, this doctrine played a
massive function in transforming the personal legal guidelines of the Hindus.
Legislations
The regulation way the acts of the parliament, numerous Acts had been surpassed through the
legislature inclusive of the Child Marriage Restraint Act, 1929, Hindu Successsion Act, 1956,
Hindu Marriage Act, 1955, Hindu Minority and Guardianship Act, 1956. The legislation passed is
binding upon all of the other resources of law.Law is codified this indicates it has been written
in a proper way and it has to everyday and accompanied through all the human beings
governing it. In modern-day times legislation is also referred to as because the lawmaking
frame.
Precedents
After the established order of British rule, courts had been mounted and the hierarchy became
added. Precedent method following the choice of the better courts with the aid of the courts
underneath it, if a selected case has already been determined, it seems reasonable to observe
the identical decision if the data of the case are just like the determined case. In nowadays’s
time, the decision of the ideal courtroom is binding on all the made through different courts.
Schools of Hindu Law

There are two faculties of Hindu Law specifically:
A) MIT Akshara faculty

B) Dayabhaga school
1. Mitakshara school
- MIT Akshara school derives its name from the statement of
Vigneswaran named MIT Akshara. MIT Akshara college incorporates
policies concerning marriages, department of society into 4 castes,
apart from this it incorporates rites and rituals which can be to be
finished for the duration of pregnancy, all these rites and rituals are
taken into consideration sacred. Mitakshara school prohibits the
marriage among a shudra and a brahmin, inter-caste marriages are
allowed amongst the higher caste simplest.
2. Dayabhaga School
- Dayabhaga school from Bengal and Assam. Dayabhaga faculty professes
gain for the governance of the regulations of succession.The
instantaneous impact of this faculty changed into that there was an
inclusion of many new human beings in the list of hires for succession
which became not cited in Mitakshara school. Dayabhaga college
preaches common sense and reason as opposed to precepts and
precedents. This college advocate for extra practical and rational
doctrines.
Sources of Islamic Law -
Islamic law is made from various sources Quran the holy text being the main source, after
Quran the primary supply of Islamic law is sunnah, each Quran and Sunnah are taken into
consideration to be the primary source of regulation, other than the number one source the
opposite resources of Islamic regulation consists of ijma and qiyas.
Primary source
Quran - Quran that is the holy e book for Muslims and is the principle supply of Islamic law.
Quran is said to include the direct sayings of Allah through his messenger Muhammad.Quran
incorporates the regulations and policies concerning the behavior of Muslim human beings and
numerous socio-monetary laws. Quran became compiled quickly after the demise of
Muhammad. Quran isn't always a legal textbook because it best carries the regulations
regulating man’s behavior with himself and God.
Sunnah - After the Quran the principle source of Islamic law is the Sunnah, Sunnah incorporates
the sayings of Muhammad, his day by day sports, his prayer and his manner of existence. Since
Muhammad is considered to be the proper man or women consequently anything he says, does
or advocates to carry out turns into law for the opposite people. Quran is essentially a religious
e-book and consequently it does no longer incorporate the prison and realistic policies and
therefore Muslims refer to sunnah on troubles wherein the Quran is silent or does not have
proper law.
Secondary Sources
 Ijma - Ijma is taken into consideration to be the 0.33 maximum vital supply of Islamic
regulation, ijma refers back to the consensus most of the discovered Muslim jurists on a
particular prison issue. However, there has been a dialogue amongst numerous jurists
whether to do not forget Ijma as a primary source of law or a secondary source of law.
The Sunni jurists recall Ijma as an vital source of law for making rules, while the Shia
jurists consider it as a secondary source.
 Qiyas- Qiyas is the analogical deduction and is a secondary source of Islamic regulation.
It method deciding cases in step with cause, many Islamic jurists factor closer to the
validity of Qiyas as a primary supply of regulation with the aid of mentioning the Quran,
as Muhammad in the Quran has said that if he is not capable of solve the dispute
through a right injunction then, in that case, he shall use his reason to clear up it. The
major principle behind the idea of Qiyas is that on the grounds that every injunction is
based on some gain of the people, consequently if a purpose of injunction is taken from
a number one source then the analytical deduction may be applied to cases with similar
causes.
Schools of Islamic law

There are 4 schools of Islamic law namely:
1. The HaNifa School by Abu hanif.
2. The Maliki School by Malik ibn Anas.
3. The Hanbali School (teachings of Ahmed ibn Hanbal).
4. The Shafi School founded by Muhammad ibn Idris-ash Shafi.
Scriptures
The Holy Bible is made up of books that had been written over a length of 1000 years. It
carries letters, records, genres, and poetry. The Bible can be divided into two sections:
the first is the old testament and the second one is the new testament which contains the
lifestyles of Jesus and the life of early Christian society. Some Christian don't forget each
word of the Bible accurate while a few bear in mind the literature because the most
important floor for a ethical basis.
Traditions
Initially, traditions have been interpreted as the teachings of Jesus Christ to his
followers and then the followers recited the teachings to the Christian humans,
nowadays it has turn out to be related to the tactics that guide the of various Christian
organizations. Orthodox Christians gave high significance to traditions.
Reasons
Reasons like lifestyle have very excessive significance a few of the Christians, it is now
and again used to get an understanding of the Bible, there might occur conditions while
Bible and Traditions would possibly are available in warfare with motives but for that
reason could be left out.
Experiences
Some human beings also take into account reviews as an essential supply to understand
Christian theology. Experience consists of humans’s wondering, their mind, and their 5
senses. The purpose behind which include experience as a source of Christian Theology
is that some thing occurs with the man or woman in his life is actual, it became felt that
Christianity must include these reviews in it as properly.
Conclusion
In India, when you consider that there are such a lot of religions it isn't always viable to
have a not unusual supply for the private legal guidelines of various communities and
consequently extraordinary assets ought to be approached whilst making laws for folks
who follow different traditions. Although my personal opinion is a bit specific. When
you have got unique laws governing human beings of the identical nation it ends in
nonuniformity. For a kingdom to increase you want uniformity and considering the
various laws of different countries we find our law is plenty perfect to the social
situations of India.
One of the predominant goals of law is to command obedience and there's no better
manner to demand obedience by making humans observe their own traditions which
they were following for centuries.
The UCC Debate:
Uniform Civil Code (IAST: Samāna Nāgrika Saṃ hitā) is an offer in India to formulate
and put into effect secular personal laws of residents which apply on all citizens equally
no matter their faith. Currently, personal legal guidelines of numerous communities are
gov1erned through their religious scriptures. Implementation of a uniform civil code
throughout the nation is one of the contentious promises pursued by means of India's
ruling Bharatiya Janata Party. It is an vital difficulty concerning secularism in
Indian politics and maintains to remain disputed with the aid of India's Muslim
businesses and different conservative religious agencies and sects in defence of sharia
and non secular customs. Personal legal guidelines are distinguished from public
regulation and cover marriage, divorce, inheritance, adoption and preservation.
Meanwhile, article 25-28 of Indian constitution guarantee non secular freedom to
Indian residents and allows non secular groups to keep their own affairs, article forty
four of the constitution expects the Indian country to use directive principles and
common law for all Indian citizens even as formulating country wide rules.
Personal legal guidelines had been first framed for the duration of the British Raj,
mainly for Hindu and Muslim citizens. The British feared competition from network
leaders and refrained from similarly interfering inside this domestic sphere. Indian
country of Goa was separated from British India because of colonial rule inside the
erstwhile Portuguese Goa and Damaon, retained a common own family law called the
Goa civil code and therefore being simplest kingdom in India with a uniform civil code
till date. Following India's independence, Hindu code payments were brought which in
large part codified and reformed private laws in various sects among Indian religions
like Buddhists, Hindus, Jains and Sikhs even as exempted Christians, Jewish people,
Muslims and Parsis, being diagnosed as awesome groups from Hindus.
UCC emerged as a important topic of interest in Indian politics following the Shah Bano
case in 1985. The debate arose whilst the question of creating positive legal guidelines
relevant to all citizens with out abridging the essential proper of proper to exercise
spiritual features. The debate then centered at the Muslim Personal Law, that's partially
primarily based at the Sharia regulation, allowing unilateral divorce, polygamy and
putting it a number of the legally making use of the Sharia law. UCC was proposed twice,
in November 2019 and March 2020 however was withdrawn quickly each of the
instances without creation in parliament. The bill is mentioned to be being
contemplated because of differences between BJP and RSS.
The debate for a uniform civil code dates back to the colonial period in India. Prior to
the British rule, under the East India Company (1757-1858), they tried to reform local
social and religious customs. Lord William Bentinck, the Governor-General of India,
tried to suppress sati, the prescribed death of a widow on her husband's funeral pyre,
and passed the Bengal Sati Regulation, 1829. This was later extended outside Bengal to
all English territories in India.
The Lex Loci Report of October 1840 emphasised the importance and necessity of
uniformity in codification of Indian law, relating to crimes, evidences and contract but it
recommended that personal laws of Hindus and Muslims should be kept outside such
codification. According to their understanding of religious divisions in India, the British
separated this sphere which would be governed by religious scriptures and customs of
the various communities (Hindus, Muslims, Christians and later Parsis). These laws
were applied by the local courts or panchayats when dealing with regular cases involving
civil disputes between people of the same religion; the State would only intervene in
exceptional cases. Thus, the British let the Indian public have the benefit of self-
government in their own domestic matters with the Queen's 1859 Proclamation
promising absolute non-interference in religious matters. The personal laws involved
inheritance, succession, marriage and religious ceremonies. The public sphere was
governed by the British and Anglo-Indian law in terms of crime, land relations, laws of
contract and evidence—all this applied equally to every citizen irrespective of religion.
Throughout the country, there was a variation in preference for scriptural or customary
laws because in many Hindu and Muslim communities, these were sometimes at
conflict; such instances were present in communities like the Jats and the Dravidians.
The Shudras, for instance, allowed widow remarriage—completely contrary to the
scriptural Hindu law. The Hindu laws got preference because of their relative ease in
implementation, preference for such a Brahminical system by both British and Indian
judges and their fear of opposition from the high caste Hindus. The difficulty in
investigating each specific practice of any community, case-by-case, made customary
laws harder to implement. Towards the end of the nineteenth century, favouring local
opinion, the recognition of individual customs and traditions increased.[9]
The Muslim Personal law (based on Sharia law), was not strictly enforced as compared
to the Hindu law. It had no uniformity in its application at lower courts and was severely
restricted because of bureaucratic procedures. This led to the customary law, which was
often more discriminatory against women, to be applied over it. Women, mainly in
northern and western India, often were restrained from property inheritance and dowry
settlements, both of which the Sharia provides. Due to pressure from the Muslim elite,
the Shariat law of 1937 was passed which stipulated that all Indian Muslims would be
governed by Islamic laws on marriage, divorce, maintenance, adoption, succession and
inheritance.

BY Ishika Siddharth Pandey - Bba - Llb/7-21/065 Bayanshu Shalini

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BY Ishika Siddharth Pandey - Bba - Llb/7-21/065 Bayanshu Shalini

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COMMON, SECULAR, FAMILY LAW INDIA

BBA LLB, SEMESTER-I 2021-2026

UNDER THE SUPERVISION OF PROFFESOR: -

This Photo by Unknown Author is licensed

Common law system in India

Indian Penal code, 1860 (IPC)

Code of Criminal Procedure, 1973 (CrPC)

Code of Civil procedure, 1908 (CPC)

Indian Evidence Act, 1872

WESTERN CONCEPT OF SECULARSIM

THE TERM ‘SECULARISM’

IDEOLOGICAL CONTEST IN INDIA

VIEW OF HINDU RIGHT WINGS

FORTY SECOND AMANDMENT ACT (1976)

SR BOMMAI VS UNION OF INDIA 1994

PERSONAL AND FAMILY LAWS IN INDIA:

Scope of Hindu regulation-

Shruti as a source of law-

Indian law has recognized 3 types of custom namely:

Justice Equity and Good Consciousness -

Schools of Hindu Law

A) MIT Akshara faculty

Schools of Islamic law

1. The HaNifa School by Abu hanif.

2. The Maliki School by Malik ibn Anas.

3. The Hanbali School (teachings of Ahmed ibn Hanbal).

4. The Shafi School founded by Muhammad ibn Idris-ash Shafi.

The UCC Debate:

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