Hindu law

Laws are social digesters and seldom they are neutral. They have masculine flavour especially with reference to family laws. Making of laws, administering the laws or resolution of disputes arising out of implementation of laws are totally considered to be of male bastion and equitable gestures, if any, towards women come out of men's sympathies of women's problems. The principle of equality is equated with "sameness treatment" in an inherently unequal society. Naturally, in such a situation women are that discriminated by definition, procedure and normative hierarchy. No body would deny that law changes and progresses. But the change is uneven and the progress is incremental. The change will be sluggish and progress will be incremental especially when religion does not support. In India, the people are divided and governed by religious based personal laws and all these laws sanction patriarchal heritage. Reforms in favour of women are very slow.

At last the Hindu Succession (Amendment) Act, 2005 (39 of 2005) treating daughter on par with the son with regard to Hindu joint family interest has been passed applying uniformly through out the country, superseding the preexisting State legislations. It is laudable and in fact improvement over those laws. It is criticised that this legislation is brought when Hindu joint family is slowly loosing its relevance. It is also viewed with suspicion that the unlimited testamentary power may perpetuate discrimination against women in property relations. Yet, it is definitely a progressive change in spite of its limitations and may work as catalyst for attitudinal change in the society over a period.

Passing of the above amendment necessitated revision of this book, besides, of course, the case law has to be updated.

It is expected that it is meaningful and useful edition and serves the target group well, which has been the commitment of the publisher.