The formulation of the Indian Constitution and the Hindu Laws are based primarily for the creation of a welfare society. The Parliament enacted the Part ‘C’ States Laws Act, whereby the Hindu Women’s Rights to Property Act, 1937 was extended to part ‘C’ States. Initially it was contended that the Act was not effective towards agricultural land. Later however, the same was repelled. Therefore all laws relating to land and its tenure are within the ultimate jurisdiction of the state legislature.. It was also at times
The Hindu Succession Act, 1956, applied to agricultural land also – In 1956, the Hindu Succession Act was passed by the Parliament which was endowed with the power to enact laws for property, including agricultural land.
Hindu Law and fundamental Rights
After the Constitution, The validity of an Act is totally dependent upon the powers of the Legislature. The only thing that has to be kept in mind is that the Fundamental Rights should not be infringed.
There are many principles of Hindu Law that have been rejected on the grounds that they infringe the Fundamental Rights as enshrined in part III of the Constitution of India. The rule of Damdupat is hit by Article 15(1) of the Constitution of India but would be void under Article 13(1) as the law is applicable either when both the parties are Hindus or when the original debtor is a Hindu. It clearly differentiates on the grounds of religion and hence violates Article 15(1) of the Constitution.
The Hindu law is applicable to Hindus only and that itself is a violation of Articles 14 and 15(1) of the Constitution of India. No legislation can be all embracing in character. The State may intend to bring social changes stage by stage but the stages may be in accordance with territorial differences or difference in communities. The Hindus are not allowed to be bigamous and this is not only based on religion. Every religion is regulated by its own personal laws based on the religious texts and which contain their distinctive rules and regulations and are framed by their distinctive backgrounds. Both, the institution of marriage as well as the dissolution of marriage is looked at by the Hindus and the Muslims in a different manner altogether. It is also the responsibility of the State to take care of the education of both communities. The personal laws are not co-incidental with the religious faiths. The Hindus, the Sikhs, the Jains, the Buddhists, Brahmos, Aryas are governed by Hindu laws. However, some Hindus like the Nayars are governed by the law of Murumakathayayam and the canaras are governed by the Aliyasantana Law. In Hindu law, non adherence to the religion but subjection too a particular personal law is permissible.
According to section 23 of the Mysore Hindu Laws Women’s Rights Act X of 1993 Article 15 of the Constitution of India is not violated because it applies only to those Hindus who follow the Mitakshara school of Hindu law and no one else. Apart from discrimination on the ground of religion, many Hindu Laws are discriminatory on other grounds.It is a fact the every law, whether it pertains to the home or outside, has to be in accordance with the provisions of the Constitution. While dealing with a case of marriage, the court must be extraordinarily cautious because it cannot entirely depend upon the constitutional validity of the personal laws. It also has to rely upon the nature and habits of the people that they have been practicing for years together.
