An Analytical Study of the Relationship between Hindu Law and Fundamental Rights under the Indian Constitution

Abstract

Hindu law, which is one of the oldest legal systems in the world, traditionally regulated different matters in the personal life, including marriage, inheritance, adoption among other things, among Hindu people in India. By the acceptance of the Indian Constitution in 1950, a novel constitutional structure founded on equality, liberty, justice and secularism came into the scene and thus this played a crucial role in the formulation and interpretation of personal laws. This paper analytically looks at the connection between the Hindu law and the Fundamental Rights ensured by the Constitution of India. The study examines how the old norms and practices under the Hindu law have been amended and statuted through the law like the Hindu Marriage Act 1955, the Hindu Succession Act 1956, the Hindu Adoption and Maintenance Act 1956 and the Hindu Minority and Guardianship Act 1956. The paper also examines the ways in which constitutional values especially Articles 14, 15, 19, 21 and 25 have influenced the meaning and development of Hindu personal law to ensure social justice and gender equality. The paper also identifies the judiciary in the balancing of personal law and that of the constitution through the review of legal cases and legislative changes. The research also provides that even though Hindu law still has its cultural and religious underpinning, it has been transformed significantly so as to conform to the constitutional vision of equality, dignity and protection of the human rights. This changing association indicates the dynamism of Indian legal practices in the balance between the autonomy and constitutional supremacy of religion.