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The overall effect of the codification of these rules was negative.[2] It was codified for the Hindus
yet left them with limited legal option, as well as tried to stamp out any diversity name of "Hindu
unity".[2] To no surprise it also caused a deep rift between Hindus and Muslims.[2] Some other
negative effects included:
It gave Hindu women the notion that they now had equal rights.[2]
Compared to the religious Muslim law, Hindu law appeared to be secular in nature, and
thus the only way Muslims could "secularize" laws in essence to "Hinduize" it.[2]
Legislation
Legislation, as created and implemented by the Indian government, is the strongest source of law
in all Indian courts. In the case of two conflicting sources, legislation holds the highest
jurisdiction.[3] While it is not a traditional source of law for the Hindu legal system, it is the latest
and most legitimate form.
During colonialism, the British codified several aspects of the Hindu legal tradition into the
Indian legal system, with the assumption that all Indians were Hindus. Thus upon gaining
independence, many of the same laws that governed the country during colonialism were
maintained as such, making the Indian Constitution and legal system heavily laden with Hindu
legal traditions at its foundation.[4]
Case Law
India is based on the British common legal system, thus the courts rely heavily on stare decisis,
or precedent, when deciding cases. Any case decision made by a higher court is a source of law
to all of the lower courts, in the prospect that the laws will be applied in a similar manner. The
Hindu family courts are expected to follow laws handed down from previous cases.
Modern Hindu law relies on the interpretation of judges and their ability to decipher mitigating
factors within each legal situation.[4] This is reflective of the ancient Hindu legal tradition of
working out problems on a case specific basis in finding justice in each specific instance.
However, the administration saw such codification as necessary in order to unify the Hindu
community, which ideally would be a first step towards unifying the nation.[7] They succeeded in
passing four Hindu Code Bills, including Hindu Marriage Act (1955), Hindu Succession Act
(1956), Hindu Minority and Guardianship Act (1956), and Hindu Adoptions and Maintenance
Act (1956).[8]
Nehru and his supporters insisted that the Hindu community, which comprised 80% of the Indian
population, first needed to be united before any actions were taken to unify the rest of India.
Therefore, the codification of Hindu personal law became a symbolic beginning on the road to
establishing the Indian national identity.[7] Nehru also felt that because he was Hindu, it was his
prerogative to codify specifically Hindu law, as opposed to Muslim or Jewish law.[9]
Those in Parliament who supported the Bills also saw them as a vital move towards the
modernization of Hindu society, as they would clearly delineate secular laws from religious law.
Many also heralded the Bills opportunity to implement greater rights for women, establishing
that such rights were necessary for Indias development.[10]
The Hindu Code Bills are still controversial among some communities, including women's,
nationalist, and religious groups. At the time of their creation, many portrayed them as a serious
deviation from Hindu legal precedent. However, now many, including Nivedita Menon, argue
that it is "misleading...to claim that Hindu personal law was reformed [in the 1950s]. It was
merely codified, and even that was in the face of stiff resistance from Congress leaders." [11]
Courts
The court system of India is essentially divided into three tiers, the Supreme Court of India at the
apex of the hierarchy for the entire country, twenty-one High Courts at the top of the hierarchy in
each State, and subsequent district courts that govern family, criminal and civil laws within the
states. The High Courts have jurisdiction over a state, a union territory or a group of states and
union territories. District courts are the courts of first resort. It is within the district courts that
Hindu law and other religious laws are administered. State judges apply Hindu law on a case by
case basis.
Judges
The judges that preside over the district courts in India are state bureaucrats, not religious priests
or scholars. Thus it is possible for a Hindu judge to preside over a divorce case between a
Muslim couple or for a Christian judge to preside over a case involving a Hindu family. With no
formal education on the religious laws of the state, judges may not be well versed in the laws
they are to adjudicate. They rely heavily on case precedent and scholarly works to guide them
through the cases.[12]
Lawyers
Lawyers in India are trained in general law schools and receive no formal and specific training
on Hindu law, Muslim law, or any other personal religious laws. All lawyers are however
required to take courses regarding personal law. These larger courses touch on the variety of
personal laws that exist in India, including Hindu Law.