Law of India: Difference between revisions

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Indian law refers to the system of law which operates in India. It is largely based on English common law because of the long period of British colonial influence during the British Raj period. Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France were all synthesised to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the United Nations guidelines on human rights law and environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India.

Indian civil law is complex, with each religion having its own specific laws which they adhere to. In most states, registering of marriages and divorces is not compulsory. There are separate laws governing Hindus, Muslims, Christians, Sikhs and followers of other religions. The exception to this rule is in the state of Goa, where a Portuguese uniform civil code is in place, in which all religions have a common law regarding marriages, divorces and adoption.

History of Indian law

Ancient India represented a distinct tradition of law, and had an historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC, and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance.^[1] Manu's central philosophy was tolerance and pluralism, and was cited across Southeast Asia.^[2] This Hindu tradition, along with Islamic law, was supplanted by the common law when India became part of the British Empire.^[3]

Constitutional and administrative law

Each state drafts it own laws, however all the states have more or less the same laws. Laws directed by the central government and the Supreme Court of India via judicial precedent or general policy directives are binding on all citizens of each state. Each state has its own labour laws and taxation rates.

Criminal law

Jury trials were abolished by the government in 1960 on the grounds they would be susceptible to media and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in K. M. Nanavati vs. State of Maharashtra, which was overturned by higher courts.

Capital punishment in India is legal but rarely used. The last execution was conducted in 2004, when Dhananjoy Chatterjee was hanged for the rape and murder of a 14-year old girl. Homosexuality in India is criminal under a Victorian-era criminal statute which is currently facing a constitutional challenge in the Delhi High Court.

Contract law

Tort law

Property law

Trust law

Family law

After independence Indian laws have adapted to the changing world. The most recent being the Domestic Violence Act[2005]. It is significant because for the first time the term ‘domestic violence’ has been widened in meaning and scope from the culture specific restriction of ‘dowry deaths’ and penal provisions to positive civil rights of protection and injunction.

Nationality law

Multiple citizenship has been traditionally prohibited under Indian nationality law. The Parliament of India passed on January 7, 2004, a law creating a new form of very limited dual nationality called overseas citizenship of India. Overseas citizens of India will not enjoy any form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport.

Law enforcement

India has a multitude of law enforcement agencies. All agencies are part of the Internal Affairs Ministry (Home Ministry). At the very basic level is the local police which is under state jurisdiction.

Notes

^ Glenn, Legal Traditions of the World, 255
^ Glenn, Legal Traditions of the World, 276
^ Glenn, Legal Traditions of the World, 273

References

Glenn, H. Patrick (2000). Legal Traditions of the World. Oxford University Press. ISBN 0198765754.

[1] Glenn, Legal Traditions of the World, 255

[2] Glenn, Legal Traditions of the World, 276

[3] Glenn, Legal Traditions of the World, 273

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[2]

[3]

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 ==External links==
+*[http://www.firstappeal.com/ Free Legal Advice/Discussion Board]
 *[http://www.indlawnews.com/ Latest in Indian legal news]
 *[http://www.scjudgments.com/ News and views from the Indian Supreme Court]

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