Skip to main content

Posts

Showing posts from February, 2008

My State, My People

We all have a strange way of asserting our identities. Living within a heterogeneous group of communities, we will see ourselves as belonging to a particular caste or religion; within our country residing outside State, we will feel our State identity emerging to the fore; when we travel in a foreign country, we will constantly realize how different we are as Indians in so many ways; and don’t you remember what Sunita Williams said about how she felt seeing our globe from the Space, - one single world without boundaries?! Only by transcending to a higher plane of living at every turn literally, can you forget your narrow identity and see yourself as a part of larger milieu. The chauvinistic and inflammatory rant of the Maharashtra Navnirman Sena chief, Raj Thackeray, against North Indians living in Mumbai, targeting in particular the Bollywood icon, Amitabh Bachchan, for establishing a college in a village in U.P. and making a wayside diatribe against Lallu Prasad alleging that Biharis...

Uniform Cvil Code

Constitutional objective of Uniform Civil Code through succession law? The law commission of India has placed its recent report to the government making suggestions for change in the Hindu Succession Act. All communities, except the Muslims, are governed by statutory laws relating to succession. Joint Family system and the laws governing them may be rooted in customary law but in the matter of succession, the Hindu Succession Act has displaced the efficacy of the customary law. The Hindu Succession Act itself states through a provision that in the matter of properties held by joint family members, the property will go by survivorship recognized under the Mitakashara customary law and not by succession. The provision carves out an important exception of operating succession law in the presence of a female member. This section also underwent a further change when through the 2005 Amending Act, a daughter was a deemed coparcener and therefore if a Hindu male in a joint family died leaving...