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"Hindu law."
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The law code of Viٍsٍnu : a critical edition and annotated translation of the Vaiٍsٍnava-Dharmaâsهastra
\"The Law Code of Visnu (Vaisnava-Dharmasastra) is one of the latest of the ancient Indian legal texts composed around the seventh century CE in Kashmir. Both because the Vaishnava-Dharmasastra is the only Dharmasastra that can be geographically located and because it introduces some interesting and new elements into the discussion of Dharmasastric topics, this is a document of interest both to scholars of Indian legal literature and to cultural historians of India, especially of Kashmir. The new elements include the first Dharmasastric evidence for a wife burning herself at her husband's cremation and the intrusion of devotional religion (bhakti) into Dharmasastras. This volume contains a critical edition of the Sanskrit text based on fifteen manuscripts, an annotated English translation, and an introduction evaluating its textual history, its connections to previous Dharmasastras, its date and provenance, its structure and content, and the use made of it by later medieval writers.\"--Publisher's website.
Book
Hindu women's property rights in rural India : law, labour and culture in action
This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.
eBook
Hinduism and Law
Covering the earliest Sanskrit rulebooks through to the codification of 'Hindu law' in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India's legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature, offering a broad coverage of South Asia's contributions to religion and law at the intersection of society, politics and culture. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.
eBook
Hindu widow marriage
Before the passage of the Hindu Widow's Re-marriage Act of 1856, Hindu tradition required a woman to live as a virtual outcast after her husband's death. Widows were expected to shave their heads, discard their jewelry, live in seclusion, and undergo regular acts of penance. Ishvarchandra Vidyasagar was the first Indian intellectual to successfully argue against these strictures. A Sanskrit scholar and passionate social reformer, Vidyasagar was a leading proponent of widow marriage in colonial India, urging his contemporaries to reject a ban that caused countless women to suffer needlessly. Vidyasagar's brilliant strategy paired a rereading of Hindu scripture with an emotional plea on behalf of the widow, resulting in an organic reimagining of Hindu law and custom. Vidyasagar made his case through the two-part publication Hindu Widow Marriage, a tour de force of logic, erudition, and humanitarian rhetoric. In this new translation, Brian A. Hatcher makes available in English for the first time the entire text of one of the most important nineteenth-century treatises on Indian social reform. An expert on Vidyasagar, Hinduism, and colonial Bengal, Hatcher enhances the original treatise with a substantial introduction describing Vidyasagar's multifaceted career, as well as the history of colonial debates on widow marriage. He innovatively interprets the significance of Hindu Widow Marriage within modern Indian intellectual history by situating the text in relation to indigenous commentarial practices. Finally, Hatcher increases the accessibility of the text by providing an overview of basic Hindu categories for first-time readers, a glossary of technical vocabulary, and an extensive bibliography.
eBook
Lesser Than Equal?
In India, Hindu family law is often touted as a progressive and gender-just law that ought to be emulated and extended to minority religious communities through a common civil code. Against this backdrop, the present article examines the question of whether Hindu family law in India adequately protects women’s rights and, if law reform is required, what should be the factors guiding it. The article further analyses the status of women within Hindu family law in India from the time of the country’s independence and the law reform measures that have led to advancement in women’s equality rights in recent decades as well as discriminatory provisions that continue to persist through a historical, legal and feminist lens. It argues that further reforms to Hindu family law must be undertaken to realize women’s equality rights, albeit within the larger framework of constitutional norms and international human rights standards, rather than an interpretation/re-interpretation of Hindu religious texts based on dubious claims of a “glorious past.” This includes recognition of trans* and queer relationships within the folds of Hindu law. Moreover, the article argues in favor of applying feminist discourses on formal and substantive equality to the Uniform Civil Code debate to ensure plural family laws are gender-just.
Journal Article
Manu's Code of Law
Manu's Code of Law is one of the most important texts in the Sanskrit canon, indeed one of the most important surviving texts from any classical civilization.It paints an astoundingly detailed picture of ancient Indian life-covering everything from the constitution of the king's cabinet to the price of a ferry trip for a pregnant woman-and its.
eBook
Pratiloma Paranoia: Class Hierarchy, Conservatism, and Ethics in Classical Hindu Law
The Hindu law tradition grounds its social ethics on an ideological hierarchy of class or caste known as varṇa. The positive inculcation of this hierarchy is bolstered by a fear of social inversion, known as pratiloma, in every area of law and society. Through an examination of the concept of pratiloma, this article contends first that the central Hindu law principle of dharma, religious and legal duty, depends upon knowing and abiding by one’s place in society. From this Hindu articulation of social rank as the foundation of ethics, the article then draws a comparison between classical Anglo-American conservatism and Hindu law to suggest that conservative traditions in general base moral action on social station and the fear of breaking social rank. Ethics in Hindu law, therefore, are derived from an acceptance of social station within the varṇa hierarchy and the constant cultivation of local expectations of proper behavior according to social position.
Journal Article