Principles of Hindu Law

Since the publication of the last edition of this work fundamental changes and substantial modifications have been brought about in Hindu law by a series of enactments, intended to ensure a uniform civil code of personal law for Hindus in the whole country. History of legislation by democratic processes presents no parallel to basic changes in any system of personal law of the nature of the extensive alterations made by the recent legislation embodied in the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, the Hindu Minority and Guardianship Act, 1956, and the Hindu Adoptions and Maintenance Act, 1956. These Acts abrogate and over-ride all the rules of Hindu law previously applicable to Hindus, whether by virtue of any text or rule of Hindu law or any custom or usage having the force of law in respect of matters dealt with in them. These Acts also supersede any other law contained in any Central or State legislation in force immediately before they came into operation, in so far as such legislation was inconsistent with the provisions contained in them. Bentham wrote of law reform' by codification and its stimulating and humanising effect. Bentham's concep tion of codification was that it should be a complete digest of the law on the subject dealt with and its style should be characterised by force and harmony. It should cause the debates of lawyers and the bad laws of former times to be forgotten and commentaries, if written, should not be read. This is indubit ably an ideal to be pursued by any law-maker. It will be for the reader to judge how far Parliament has succeeded in giving complete self-sufficient enactments which, as Bentham phrased it, "should not require schools for their explanation or casuists to unravel subtleties". Bentham probably under rated the difficulties of carrying codification into execution.