Do Pakistani Law Colleges teach Hindu Personal Law as a part of your Law academic course?

[Baibers_1260]

All NLUs and Law Colleges for that matter teach Personal Civil Codes because there's no national level UCC Act yet. It has only been debated upon.

UCC is still a political idea not a reality at national level.

Only Uttrakhand has ratified and implemented UCC code (this year). We are going the individual state level implementation way i believe. 2-3 states including Gujarat have stated they will implement UCC in the future (can be in part too).

So lawyers in Uttarkhand Universities don't need to learn personal laws I assume.

 

[Sam6536]

Is it codified ?

Nope. Shariat Act from 1937 is loosely relied upon. Apart from this Judiciary has taken some pro-active approach like banning Triple Talaq and giving maintenance rights to women.

 

[r3alist]

Nope. Shariat Act from 1937 is loosely relied upon. Apart from this Judiciary has taken some pro-active approach like banning Triple Talaq and giving maintenance rights to women.

No Hindu laws, or customs

 

[Baibers_1260]

Nope. Shariat Act from 1937 is loosely relied upon. Apart from this Judiciary has taken some pro-active approach like banning Triple Talaq and giving maintenance rights to women.

Are the Meena community in Rajasthan governed by the Hindu Marriage Act of 1955 which bans polygamy?
Same for the Munda, Bhils, Gonds, and Adivasis?
Are these communities governed by the Hindu Marriage and Succession Acts ?

 

[Sam6536]

So lawyers in Uttarkhand Universities don't need to learn personal laws I assume.

I dunno tbh.
UCC should supercede personal laws technically and idk if they have any exemptions. They probably do. The lag between new rules and older existing ones should have a grace period of sorts,

 

[Sam6536]

No Hindu laws, or customs

Ah yes its fully codified.

 

[Baibers_1260]

UCC should supercede personal laws technically and idk if they have any exemptions. They probably do

What are the communities and their customs listed for potential exceptions under the proposed UCC? Would be interested if you could provide a concise list. I couldn't find an official one on-line. But I am quoting one example:

1. Ezhavas of Tamil Nadu.. Cousin marriage, violating the Hindu Marriage Act of 1955,

 

[Sam6536]

Are the Meena community in Rajasthan governed by the Hindu Marriage Act of 1955 which bans polygamy?

It's been a couple of semester since I studied family law but from what i recall no they wont be governed by HMA. Tribals are exempted under the code.

Only if such tribals marry according to hindu rituals will hindu code apply to them.

 

[Sam6536]

What are the communities and their customs listed for potential exceptions under the proposed UCC? Would be interested if you could provide a concise list. I couldn't find an official one on-line. But I am quoting one example:

1. Ezhavas of Tamil Nadu.. Cousin marriage, violating the Hindu Marriage Act of 1955,

The list is in the Hindu Marriage Act read with the Indian constitution. I don't exactly recall all the names, there are a lot in the South and NE.

There is no UCC draft act as of now.

 

[Sam6536]

@Baibers_1260
Just a trivia Goa still uses the Portuguese Civil Code and Ponducherry the French Civil Code.

People there can choose to either being governed by these civil codes or personal civil codes. The portuguese code has 50/50 split of property between husband and wife so some might prefer this for purposes of marriage and divorce.

 

[Sam6536]

@Sam6536
Funny the Jain Succession Act of 1928 was overruled and merged with the Hindu Succession Act of 1956 which applies to Sikhs, and Buddhists, also.
I don't know if the Arya Samajis who are also a deemed minority are governed under the Hindu Succession Act .

They are covered explicity in the act.

Hindu Marriage Act, 1955, Section 2(1)(a):

"This Act 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."

 

[Baibers_1260]

It's been a couple of semester since I studied family law but from what i recall no they wont be governed by HMA. Tribals are exempted under the code.

Only if such tribals marry according to hindu rituals will hindu code apply to them.

So the only law the UCC will override will be the Muslim Personal Laws. Thanks for the clarification

 

[Sam6536]

So the only law the UCC will override will be the Muslim Personal Laws. Thanks for the clarification

All the other laws are codified so yes Islam will see a major change if such UCC is being implemented nation wide. The law will move closer to the secular code under UCC.

This was highlighted when we had our classroom discussions a couple of semesters back.

 

[Baibers_1260]

Hindu Marriage Act, 1955, Section 2(1)(a):

"This Act 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

Will the Marriage Act under the Indian Uniform Civil Code be identical to the Hindu Marriage Act 1955 , with exemptions for polygamy and consanguinity to all tribal and "special communities and no other exemptions ?

 

[Sam6536]

Will the Marriage Act under the Indian Uniform Civil Code be identical to the Hindu Marriage Act 1955 , with exemptions for polygamy and consanguinity to all tribal and "special communities and no other exemptions ?

I dont know there's no national draft UCC yet. It doesn't exist.