Hindu Code Bill, It's benefits and SC judgments

In this blog we talk about the "Hindu Code Bill", also we cover the benefits of the bill and Supreme Court judgments.

  What is the Hindu Code Bill ?

The Hindu Code Bill was a set of laws aimed at reforming Hindu personal law in India. It was introduced in the Indian parliament in 1951, but it was not until 1955 that the first of four acts was passed. The acts covered marriage, divorce, adoption, and inheritance. The Hindu Code Bill was significant because it sought to reform a body of law that had been based on religious texts and tradition. The bill was controversial because it challenged traditional Hindu values and practices, and it faced opposition from conservative Hindu groups.

Purpose of the Bill?

The purpose of Hindu Code Bill is to reform and codify Hindu personal laws related to marriage, divorce, succession, and inheritance. The bill was designed to bring about gender equality and social justice in the Hindu society.

Images on Hindu code bill by Google 

Judgment by Supreme Court

In a landmark judgment in 2019, the Supreme Court of India recognized the importance of the Hindu Code Bill in promoting gender equality. The court stated that the bill was "a socially progressive legislation which sought to erase the age-old discrimination and gender inequality" in Hindu personal law. The court also noted that the bill had been the subject of fierce opposition from conservative groups, but it had ultimately prevailed.

One such case is Vineeta Sharma v. Rakesh Sharma, which was decided by the Supreme Court of India in 2020. In this case, the court held that daughters have equal coparcenary rights in Hindu Undivided Family (HUF) properties, irrespective of whether they were born before or after the amendment of the Hindu Succession Act in 2005. This landmark judgment gave daughters equal rights in HUF property, which was previously only available to sons.

 

Another important case related to women's property rights is Danamma @ Suman Surpur v. Amar, which was decided by the Supreme Court of India in 2018. In this case, the court held that a woman has the right to inherit property from her father, even if the father had died before the amendment to the Hindu Succession Act in 2005. This judgment was significant as it clarified the retrospective application of the 2005 amendment, which was a matter of controversy and confusion.

Supreme Court of India 🇮🇳 

The Supreme Court's judgment is significant because it reaffirms the importance of gender equality in Indian law. The court's recognition of the Hindu Code Bill's significance is particularly important because it sends a message to conservative groups that may seek to challenge the progress that has been made in promoting gender equality.

The Hindu Code Bill has had a profound impact on Indian society. It has helped to erode traditional attitudes towards gender roles and has paved the way for greater gender equality. Although the bill faced opposition from conservative groups when it was introduced, it has ultimately been embraced by Indian society. The Supreme Court's judgment serves as a reminder of the importance of the bill in promoting gender equality and social progress.

Benefits of Hindu Code Bill. 

One of the benefits of the Hindu Code Bill was that it brought about greater gender equality in Hindu personal law. Before the bill, women had limited rights in marriage and divorce. For example, a Hindu man could divorce his wife easily, but a woman had to go through a lengthy legal process to obtain a divorce. The Hindu Code Bill made divorce easier for women and gave them greater rights in matters of inheritance and property.

Right to Gender Equality 

• Women's right to property: The Hindu Code Bill gave women the right to inherit property, which was earlier denied to them. For instance, a daughter could now inherit her father's property.

• Uniform laws for Hindus: The Bill introduced uniform laws for all Hindus, irrespective of their region or caste.

• Women's right to maintenance: The Bill also ensured that women were entitled to maintenance from their husbands in case of divorce or separation.

• Abolition of polygamy: The Bill abolished the practice of polygamy among Hindus, which allowed men to marry multiple wives.

• Equal rights in marriage: The Bill gave women equal rights in marriage and allowed them to divorce their husbands on the grounds of cruelty, adultery, or desertion.

• Age of marriage: The Bill raised the minimum age of marriage for girls from 14 to 18 years, ensuring that they were not forced into early marriage.

• Guardianship: The Bill recognized the mother as the natural guardian of her children, giving her the right to custody in case of divorce.

• Right to adoption: The Bill gave women the right to adopt children, which was earlier restricted to men.

• Inheritance rights for widows: The Bill ensured that widows were entitled to a share in their deceased husband's property.

• Succession rights: The Bill provided for equal succession rights for daughters and sons.

• Abolition of dowry: The Bill aimed to abolish the practice of dowry, which was a major social evil in the Hindu society.

• Protection of women's rights: The Bill provided legal protection to women against domestic violence and harassment.

• Social equality: The Bill aimed to promote social equality among all Hindus, irrespective of their gender, caste, or creed.

• Empowerment of women: The Bill empowered women by giving them legal rights and social recognition.

• Modernization of Hindu personal laws: The Bill modernized the Hindu personal laws and made them more relevant to the changing times.

• Removal of gender bias: The Bill removed gender bias in the Hindu personal laws and ensured that women were treated as equal partners in marriage.

• Recognition of divorce: The Bill recognized divorce as a legal way of ending an unhappy marriage, which was earlier frowned upon by the society.

• Prevention of child marriage: The Bill aimed to prevent child marriage, which was a major social problem in the Hindu society.

• Promotion of education: The Bill promoted education among girls and women, which was earlier neglected.

• Social progress: The Bill paved the way for social progress in the Hindu society and set an example for other communities to follow.