Indian law 824063 225019515 2008-07-11T14:16:12Z Lihaas 6968935 /* Hindu Law */ [[Image:Constitution of India.jpg|thumb|right|The [[Constitution of India]] is the longest written constitution for a country, containing 444 articles, 12 schedules, numerous amendments and 117,369 words.]] '''Indian law''' refers to the system of [[law]] which operates in [[India]]. It is largely based on [[English law|English]] [[common law]] because of the long period of [[British Empire|British colonial influence]] during the [[British India|British Raj]] period. Much of contemporary Indian law shows substantial European and American influence. Various acts and ordinances first introduced by the British are still in effect in modified form today. During the drafting of the [[Indian Constitution]], laws from [[Ireland]], the [[United States]], [[United Kingdom|Britain]], and [[France]] were all synthesised to get a refined set of Indian laws as it currently stands. Indian laws also adhere to the [[United Nations]] guidelines on [[human rights law]] and [[environmental law]]. Certain [[international trade law]]s, such as those on [[intellectual property]], are also enforced in India. Indian [[Civil law (common law)|civil law]] is complex, with each religion having its own specific laws which they adhere to. In most states, registering of marriages and divorces is not compulsory. There are separate laws governing [[Hindu]]s, [[Muslim]]s, [[Christian]]s, [[Sikh]]s and followers of other religions. The exception to this rule is in the state of [[Goa]], where a [[Portugal|Portuguese]] [[uniform civil code]] is in place, in which all religions have a common law regarding marriages, divorces and adoption. ==History of Indian law== {{main|History of Indian law}} [[History of India|Ancient India]] represented a distinct tradition of [[law]], and had an historically independent school of legal theory and practice. The ''[[Arthashastra]]'', dating from 400 BC and the ''[[Manusmriti]]'', from 100 AD, were influential treatises in India, texts that were considered authoritative legal guidance.<ref name=Glenn>Glenn, ''Legal Traditions of the World'', 255</ref> [[Manu]]'s central philosophy was tolerance and [[Pluralism (political philosophy)|pluralism]], and was cited across [[Southeast Asia]].<ref name=Glenn>Glenn, ''Legal Traditions of the World'', 276</ref>Before the Islamic conquest India never became a really centralised political entity but indulged in widespread decentralisation. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a high humanitarian standard, in rules of neutrality, of treaty lam, of customary law embodied in religious charters, in exchange of embassies of a temporary or semipermanent character.<ref>Viswanatha, S.T., ''International Law in Ancient India'', 1925</ref> Early in this period, which finally culminated in the creation of the Mauryan and Gupta Empire, relations with ancient Greece and Rome were not infrequent. The appearance of similar fundamental institutions of international law in various parts of the world show that they are inherent in international society, irrespective of culture and tradition.<ref>Alexander, C.H., ''International Law in India'', '''The International and Comparative Law Quarterly''', Vol. 1, No. 3. (Jul., 1952), pp. 289-300, ISSN 00205893.</ref> These [[Hinduism|Hindu]] traditions, along with Islamic law, was supplanted by the common law when India became part of the [[British Empire]].<ref name=Glenn>Glenn, ''Legal Traditions of the World'', 273</ref> ==Constitutional and administrative law== {{main|Indian constitutional law|Indian administrative law}} Each state has the freedom to drafts it own laws on subjects which are considered state subjects. Laws passed by [[Parliament of India]] and other pre-existing central laws on subjects which are considered central subjects are binding on all citizens of each state. Each state has its own laws for taxation rates. ==Criminal law== {{main|Indian criminal law}} [[Indian Penal Code]] formulated by the British during the [[British Raj]] in 1860, forms the backbone of [[criminal law]] in [[India]]. [[Jury trial]]s were abolished by the [[Government of India|government]] in 1960 on the grounds they would be susceptible to [[Mass media|media]] and public influence. This decision was based on an 8-1 acquittal of Kawas Nanavati in ''[[K. M. Nanavati vs. State of Maharashtra]]'', which was overturned by higher courts. [[Capital punishment in India]] is legal but rarely used. The last execution was conducted in 2004, when [[Dhananjoy Chatterjee]] was hanged for the rape and murder of a 14-year old girl. [[Homosexuality in India]] is criminal offense, though never prosecuted, under a [[Victorian era|Victorian-era]] criminal statute which is currently facing a constitutional challenge at the [[Delhi High Court]]. ==Contract law== {{main|Indian contract law}} The main contract law in India is codified in the [[Indian Contract Act]] which came into effect on [[September 1]], [[1872]] and extends to whole of India except the state of [[Jammu and Kashmir]]. It governs entering into contract, execution of contract, and the effects of breach of contract. ==Tort law== {{main|Indian tort law}} Development of [[constitution]]al [[tort]] began in India in the early 1980s.<ref name="Tort Law in India">{{cite web |url=http://www.ielrc.org/content/a0206.pdf|title=Tort Law in India|author=Dr. Usha Ramachandran}}</ref> It influenced the direction tort law in India took during the 1990s. <ref name ="Tort Law in India"/> In recognizing state liability, constitutional tort deviates from established norms in tort law. <ref name ="Tort Law in India"/> This covers custodial deaths, police atrocities, encounter killings, illegal detention and disappearances. ==Property law== {{main|Indian property law}} ==Trust law== {{main|Indian trusts law}} Trust law in India is mainly codified in the [[Indian Trusts Act]] of 1882 which came into force on [[March 1]], 1882. It extends to the whole of India except for the state of [[Jammu and Kashmir]] and [[Andaman and Nicobar Islands]]. ==Family law== {{main|Indian family law|Dowry law in India}} Family laws in India are different for different religions and there is no [[uniform civil code]]. === Hindu Law=== As far as Hindus are concerned there is a specific branch of law known as Hindu Law. Though the attempt made by the first parliament after independence did not succeed in bringing forth a Hindu Code comprising the entire field of Hindu family law, laws could be enacted touching upon all the major areas affecting family life among Hindus in India.{{Fact|date=July 2008}} ===Muslim law=== [[Islam in India|Indian Muslims']] personal status laws are largely based on [[Sharia]]. The development of the law is largely on the basis of judicial precedents. The contribution of Justice [[V.R. Krishna Iyer]] in the matter of interpretation of the statutory as well as personal law is significant. ===Christian Law=== As for Christians, there is a distinct branch of law known as Christian Law which is mostly based on specific statutes. Christian law of [[Christian Law of Succession in India|Succession]] and [[Christian Law of Divorce in India|Divorce]] in India have undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has brought in considerable changes in the grounds available for divorce. By now Christian law in India has emerged as a separate branch of law.It covers the entire spectrum of family law so far as it concerns Christians in India. Christian law, to a great extent is based on English law but there are laws that originated on the strength of customary practices and precedents. Christian family law has now distinct sub branches like laws on [[Christian Law of Marriage in India|marriage]], divorce,restitution, judicial separation, succession, [[Christian Law of Adoption in India|adoption]], [[Christian Law of Guardianship in India|guardianship]],maintenance, custody of minor children and relevance of [[Canon Law on Marriage in India|canon law]] and all that regulates familial relationship. ===General Law === After independence, some efforts were made to modernise Indian family law, the most recent being the [[Domestic Violence Act]] (2005). It is significant because for the first time the term ‘[[domestic violence]]’ has been widened in meaning and scope from the culture specific restriction of ‘[[dowry]] deaths’ and penal provisions to positive civil rights of protection and injunction. Some other areas in which reform has occurred recently are custody laws, guardianship laws, adoption laws, etc. ==Nationality law== {{main|Indian nationality law}} Nationality law or citizenship law is mainly codified in the [[constitution of India]] and the Citizenship Act of 1955. Although the Constitution of India bars [[multiple citizenship]], the [[Parliament of India]] passed on [[January 7]], [[2004]], a law creating a new form of very limited [[dual nationality]] called ''overseas citizenship of India''. Overseas citizens of India will not enjoy any form of political rights or participation in the government, however, and there are no plans to issue to overseas citizens any form of Indian passport. ==Law enforcement== {{main|Law enforcement in India}} India has a multitude of law enforcement agencies. All agencies are part of the Internal Affairs Ministry (Home Ministry). At the very basic level is the local police which is under state jurisdiction. ==See also== {{portal|Law}} *[[Christian Law of Succession in India]] *[[Christian Law of Divorce in India]] *[[Christian Law of Guardianship in India]] *[[Christian Law of Marriage in India]] *[[BMW case]]: [[Sanjeev Nanda]] *[[Best Bakery Case]] *[[Central Bureau of Investigation]] *[[Graham Staines]] *[[Immoral Traffic in Persons Act]] *[[Indian Penal Code]] *[[Jessica Lal]] *[[Land Acquisition Act]] *[[Law enforcement in India]] *[[Legal systems of the world]] *[[Priyadarshini Mattoo]] *[[Supreme Court of India]] *[[Tulasa]] ==Notes== {{reflist|2}} ==References== *{{cite book|title=Legal Traditions of the World|first=H. Patrick|last=Glenn|year=2000|isbn=0198765754|publisher=Oxford University Press}} ==External links== *[http://www.bangalorelawyer.com/ Top Legal Solutions, Second Opinions, Litigation Support,Properties Title Investigations, Successful Legal Notices Online consultancy, international law, NRI, indian law] *[http://www.bangalorelawyer.com/smf/index.php/ India International Law Firm [I.I.L.F.] Legal Forums - Free legal Tips, Online Consultancy] *[http://www.indiankanoon.com/ Indian Kanoon - Search engine for Indian laws and court judgments] *[http://www.indlawnews.com/ Latest in Indian legal news] *[http://www.scjudgments.com/ News and views from the Indian Supreme Court] *[http://www.rishabhdara.com/ Indian Supreme Court Cases / Judgments / Case Law / Legislation] *[http://www.indialaws.info/ India legislative resources] *[http://www.advocatekhoj.com/library/index.php AdvocateKhoj - An online collection of legal resources] *[http://india.helplinelaw.com/ Indian Law] — HelpLineLaw *[http://humanrights-india.blogspot.com/ Human Rights Law in India - Blog] *[http://lawandotherthings.blogspot.com/ Law and other things - Blog] *[http://www.manupatra.com/ Manupatra - online legal resource] *[http://www.hindunet.org/onps/default.php?dtstr=20040814&Formsearchresults_Page=9&HNETSEID=1a4ddcc792ecea146a6adcf090c0b39f News Brief] on the execution of [[Dhananjoy Chatterjee]]. {{Law}} {{Life in India}} [[Category:Indian law]] [[cs:Indické právo]] [[es:Derecho de la India]]