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The Hindu Succession Act, 1956: An Experiment in Social Legislation

The Hindu Succession Act, 1956: An Experiment in Social Legislation J. DUNCAN M. DERRETT The Hindu Succession Act, 1956: An Experiment in Social Legislation The statute to be discussed here has not yet been amended by Parlia­ ment or by any of the States of India, which have legislative power concurrently with Parliament to amend the various personal laws, which will govern the family relationships of Hindus, Muslims, Parsis, and (to a very small extent) Jews and Christians until die promised Indian Civil Code is enacted. This portion of the 'Hindu Code' came into force on the 17th of June, 1956, and has thus had more than three years of life, during which its embarrassing and (to some critics' eyes) deleterious features have been amply exhibited, and might have been expected to inspire effective criticism.by now. Notwithstanding the introduction of the abortive central Bills Nos. 42,43,45, and 54 of 1958, which sought to amend or supplement our Act, the general public who are affected by it seem at present neither overtly nor violently dissatisfied. The theme of this article is this apparent quiescence. From a prac­ tical point of view, what have Indian Hindus to be satisfied with? From an academic point of view, ought they not rather to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Hindu Succession Act, 1956: An Experiment in Social Legislation

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Publisher
Oxford University Press
Copyright
© 1959 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837692
Publisher site
See Article on Publisher Site

Abstract

J. DUNCAN M. DERRETT The Hindu Succession Act, 1956: An Experiment in Social Legislation The statute to be discussed here has not yet been amended by Parlia­ ment or by any of the States of India, which have legislative power concurrently with Parliament to amend the various personal laws, which will govern the family relationships of Hindus, Muslims, Parsis, and (to a very small extent) Jews and Christians until die promised Indian Civil Code is enacted. This portion of the 'Hindu Code' came into force on the 17th of June, 1956, and has thus had more than three years of life, during which its embarrassing and (to some critics' eyes) deleterious features have been amply exhibited, and might have been expected to inspire effective criticism.by now. Notwithstanding the introduction of the abortive central Bills Nos. 42,43,45, and 54 of 1958, which sought to amend or supplement our Act, the general public who are affected by it seem at present neither overtly nor violently dissatisfied. The theme of this article is this apparent quiescence. From a prac­ tical point of view, what have Indian Hindus to be satisfied with? From an academic point of view, ought they not rather to

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1959

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