Class Notes - 30th September, Monday, 2024

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These are the notes from the classes held on Monday, 30th September 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Family Law, Environmental Law, and Constitutional Law. Though vetted, it may contain inaccuracy, discretion is advised.

Family Law - 1 (Hindu Law)

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Faculty: Dr Sriveni

Scope and Application of Hindu Law

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Who is a Hindu?

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Hindu law applies only to Hindus, so it is important to define who qualifies as a Hindu. Even when the law was codified, defining a Hindu was challenging. Broadly, Hindus are those who are not Muslims, Parsis, Jews, or Christians. Sikhs, Jains, and Buddhists are also included as Hindus under the legal framework.

Rationale - Those people who have attainment of moksha or enlightenment also known as realization of the self are considered Hindus. Hindus, Sikhs, Jains and Buddists fall into this category. Hindu Marriage Act 1955 applies to Hindus, Jains, Sikhs and Buddhists.

By Religion:

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• If both parents are Hindus, the child is automatically considered Hindu.
• Even if an individual does not follow the tenets of Hinduism, or even if they are atheists or follow(but not convert) another religion such as Christianity, they would still be considered Hindu by law.

By Birth:

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• If one parent is Hindu and the child is brought up as a Hindu, the child is legally Hindu.

Converts and Reconverts:

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• Converts: Those who convert to Hinduism through a formal declaration and are accepted by the community.
• Reconverts: People who had converted to another religion but returned to Hinduism. However, reconverts need community acceptance for their reconversion to be recognized.

Negative Definition:

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• Christians, Muslims, Parsis, or Jews who are domiciled in India are not considered Hindus.
• Abandoned children are presumed to be Hindus unless proven otherwise.

Other Points to Note:

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• Legitimate or illegitimate(born outside wedlock) children born to Hindus are also considered Hindus.

• Certain groups like Khojas, Cutchi Menons, Bohra Mopals, and Halai Menons, who were converted Muslims, followed Hindu Succession laws until 1937 when the Shariat Act of 1937 came into effect. Thereafter, they followed Islamic personal law.

• Article 366(25) of the Indian Constitution defines Scheduled Tribes as “such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this constitution”

• Article 342 of the Constitution stipulates that only tribes selected by the President are considered Scheduled Tribes.

• Some groups, like Tamil Vaniya Christians, are subject to Hindu Family Law.

• Before 1850, Hindus who converted to other religions lost their property rights. The Caste Disabilities Removal Act 1850 allowed converts to retain property rights.

• If a husband converts to another religion, the wife may claim separate residence and maintenance under Hindu Adoption & Maintenance Act Sec 18(2).

  • Vilayat v. Sunila:
    • In this case, the husband converted to Islam and wanted to take a divorce. It was held that the law applicable at the time of marriage would continue to apply.

Important Legal Cases:

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1. Myna Boyee v. Dotaram (1861 (8) MIA 400):

   • A Britisher cohabited with a Hindu woman whose husband had deserted her. She had one child with the first husband and another with the British man. The child was brought up as a Hindu and was legally recognized as Hindu, despite the father being of Christian faith.

2. Rajkumar v. Barbara (1989):

   • The child was born to a Hindu father and a Christian mother, but the manner of upbringing was not established. The court ruled the child was Hindu.

3. Shastri Yagnapurshdaji v. Muldas Bhundardas Vaishya:

   • It was ruled that followers of Krishna were considered Hindus.

4. Perumal v. Ponnuswamy (1971):

   • Perumal Nader, a Hindu, married Anna, a Christian, and they raised their child as Hindu. After their separation, the child (Ponnuswamy) claimed 50% of the property, but Perumal Nader argued the child was not Hindu and hence was not entitled to the property. The court ruled that Ponnuswamy was Hindu based on his upbringing.

5. Mohandas v. Devaswam Board:

   • Mohandas, a Christian by birth, was singing devotional songs in a Hindu temple. The Devaswam Board objected, but after Mohandas declared himself a Hindu, the objection was withdrawn.

6. Rajagopal v. Arumugam:

   • Rajagopal converted to Christianity but later sought to contest an election where he needed to prove that he was a Hindu (Scheduled Caste). Since he could not prove community acceptance after reconversion, he was deemed Christian.

Schools of Hindu Law

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Ancient Hindu Law:

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• Shruti (what is heard): Divine revelations considered the oldest source of Hindu law.

  • Rig Veda (1300-1200 BC): 1017 Slokas.
  • Yajur Veda (1000 BC).
  • Sama Veda (1000 BC): 1549 Slokas.
  • Atharvana Veda (800 BC).

• Smriti (what is remembered): Written codes based on divine revelations.

  • Pre-Smriti: This period saw the rise of scholars known as Charanas, who began teaching others.

    • Dharma Sutras (800-200 BC): These texts laid out various duties and rituals.
      • Shrauta: Deals with sacrifices and ceremonies.
      • Grihya: Deals with marriage ceremonies.
      • Samaya Charika: Addresses the duties of men.
    • Important sages during this period included Gautama, Haristamba, and Appasambha.

  • Post-Smriti: The codification of law in Dharma Shastras.

    • Manu Smriti: A comprehensive text containing 18 parts, covering various aspects of life, including marriage, debts, gambling, and succession.
    • Yagnavarka Smriti: This is the law that has formed most of the modern day law that we follow today.
    • Brihaspati Smriti.
    • Narada Smriti.

Environmental Law - 1

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Faculty: Ms Vijaya Kalyani

Environment in Ancient India

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• Rig Veda teaches the importance of protecting nature. It emphasizes systematic tree planting and nurturing the environment.
• Varaha Purana states, “One who plants peepal, neem, pomegranate, and mango trees does not go to hell.” Probably paraphrased.
• Kautilya’s Arthashastra:
  • Although mostly economic, it contains laws for environmental conservation.
  • The ruler must protect the environment, with specific forests designated as sacred spaces for sages and scholars.
  • A Superintendent of Forest Produce was appointed to oversee forest conservation.
• Manu Smriti has been translated by people over the years. It speaks of giving property rights to women, a relatively recent concept which can be traced back to the lifetimes of most people, in ancient times. At the same time, it says if women and Shuddhras (lower castes) hear even a single word of education, one must pour mercury (poison) into their mouths. This doesn’t seem to add up. It could be that the people who translated it into modern day languages added their own biases into it.

Constitutional Law - 1

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Faculty: M Gangadhar Rao

Nature of the Indian Constitution

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The debate surrounding the Constitution of India is whether it is unitary or federal in nature. To understand whether a constitution is federal or unitary, one must look at the features of the constitution.

• Unitary Constitution: All powers are vested in the central government.
• Federal Constitution: Power is divided between the center and states, treating both as equals.

Features of a Federal Constitution:

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1. Supremacy of the Constitution: The constitution is the highest law of the land, and all institutions are subordinate to it. Legislature, Executive and Judiciary.
2. Written Constitution: Federal constitutions must be written.
3. Division of Powers: Clearly defined powers are shared between the central and state governments.
4. Judiciary as the Guardian: In a federal system, the judiciary ensures the supremacy of the constitution, and judicial review is a right of the people.

Countries like the United States are classic examples of a federal system, where the constitution and judiciary hold significant authority over the executive and legislative branches.

Discussions unrelated to Constitution but useful for all.

• India got independence due to lawyers. Gandhi, Nehru, Motilal Nehru, and many other freedom fighters were lawyers.
• Most politicians are lawyers. Padala Rama Reddi Law College has generated thousands of lawyers who are in various spheres of life in Telugu states.
• Law teaches you how to think and reason. By understanding law, you are learned citizens.
• It is prudent to see alternative publications to enhance your learnings. The Print, The Wire, Dhruv Rathee, Thulasi Chandu, Mahua are some examples of alternative media which work to offer different perspectives.
• Jagan Mohan Reddy’s electoral loss in AP in 2024 was a result of a series of mistakes made by the party. They should have realized when they lost 4 graduate constituence MLCs including the one in Pulivendula (Jagan’s constituency) that there was a great amount of dissent among the people. Chandrababu played it beautifully by getting arrested 2 months before the election. Despite knowing that he was going to be arrested, he never applied for anticipatory bail which would have been granted to him.
• Dissent is the feeling that drives democracy. People will vote with their views.

Absent Subjects:

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• Law of Contracts and Law of Torts classes were not held today.