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Hindu code bills
The 'Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India. Following India's independence in 1947, the Indian National Congress government led by Prime Minister Jawaharlal Nehru completed this codification and reform, a process started by the British Raj. According to the British policy of non-interference, personal-law reform should have arisen from a demand from the Hindu community. This was not the case, as there was significant opposition from various conservative Hindu politicians, organisations and devotees who saw themselves unjustly singled out as the sole religious community whose laws were to be reformed.〔Williams, p. 18.〕 However, the Nehru administration saw such codification as necessary to unify the Hindu community, which ideally would be a first step towards unifying the nation.〔Williams, p. 107.〕 They succeeded in passing four Hindu code bills in 1955–56: the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act.〔Williams, p. 106.〕 These continue to be controversial to the present day among women's, religious, and nationalist groups.〔Williams, p. 28.〕
==Background==
While there may be a permanence of certain fundamental beliefs about the nature of life that is pervasive through Hinduism, Hindus as a group are highly non-homogenous. As Derrett says in his book on Hindu law, "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth." The Dharmaśāstra—the textual authority on matters of marriage, adoption, the joint family, minorities, succession, religious endowments, and caste privileges—has often been seen as the private law of the Hindus. However, whatever is known and interpreted about this Hindu law is a jumble of rules, often inconsistent and incompatible with one another, that are lacking in uniformity.〔John D. M. Derrett. ''Hindu Law Past and Present''. 1957. Calcutta. pp. 1–80.〕
Hindu law's content and structure has ultimately survived as a result of its administration by British judges who gave a lot of attention to Hindu religious-legal texts, while simultaneously invoking English procedure, jurisprudence, and English law to fill any gaps. Opinions often differ as to the extent of the discrepancy between the current law and the public's needs, but most agree that a substantial inconsistency exists.〔〔John D. M. Derrett. ''The Administration of Hindu Law by the British for Comparative Studies in Society & History''. 1961. pp. 10–52.〕〔M. Galanter. ''Hindu Law and the Development of the Modern Indian Legal System''. 1964.〕〔L. I. and S. H. Rudolph. ''Barristers and Brahmans in India''. 1965.〕 The British colonial government administered India largely through a policy of noninterference, allowing civil matters to be dealt with through respective religious communities. Matters that fell under the jurisdiction of these communities were called "personal laws." The British began the intensive process of codifying Hindu personal law in the early 1940s in an attempt to notate and therefore organise the Indian political system.
In 1921, the British Government had already gone so far as to welcome individual Members' efforts at piecemeal codification, a limited but significant shift in policy. According to Levy, that year, "two Hindu legislators, one a lawyer in the Central Legislative Assembly (the lower House), the other an eminent scholar of Sanskrit in the Central Council of States (the upper House), initiated resolutions seeking Government support for a Hindu Code of family law."〔Harold Lewis Levy. "(Lawyer-Scholars, Lawyer-Politicians and the Hindu Code Bill, 1921–1956 )". ''Law and Society Review''. November 1968. Vol 3, issue 2/3. pp. 303–316.〕 In the next two decades many such fragmentary measures were enacted, modifying the Hindu law of marriage, inheritance, and joint family property. As a whole, the enacted bills carried further a modest trend toward increasing property alienability, reducing the legal importance of caste, sanctioning religious heterodoxy and conversion and, most significantly, improving the position of women.〔 However, it was the passing of the Hindu Women's Rights to Property Act (Deshmukh Act) in 1937, which had given the widow a son's share in property that was one of the most substantial steps towards the Hindu Code Bill.〔 in 1948 The Hindu Code was drafted by Rau Committee and was referred to Select Committee of the Constituent Assembly.
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