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Dissertations / Theses on the topic 'Law (Hindu law)'

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Published: 27 July 2024

Last updated: 28 July 2024

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Parthasarathy, Padmapriya. ""The father, and after him, the mother" : gender in judicial reasoning in Hindu custody law." Thesis, University of Kent, 2018. https://kar.kent.ac.uk/68771/.

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This thesis problematises the treatment of gender in judicial reasoning in the cases decided under Hindu custody law in Indian courts. India has several religious personal laws to regulate the lives of its citizens. Of these, Hindu law governs the personal lives of about 800 million people in India and forms the largest set of personal laws. It is largely based on Common Law Principles, due to colonial influence at the time of its codification. However, there has been limited research on case law in this area of law, especially in terms of analysing gender in these judgments. This thesis takes a set of cases not previously analysed, problematises how judges approach gender in them, and thereby contributes to Indian legal feminist and religious personal law literature. The site of this research is a set of custody cases decided under the Hindu Minority and Guardianship Act, 1956. In the first part of the thesis, the underlying premises of judicial reasoning in the cases are studied. The analysis of the cases draws out disparity of treatment of gender in these cases, as well as underlying normative assumptions about gender roles in judicial reasoning. Further, the thesis demonstrates how the middle-class Hindu woman is constructed as a privileged but subordinate person or "Elite Dependent" in judicial reasoning. The analysis challenges the claim that these cases are decided in line with Constitutional ideals. The central argument developed from the cases is that judicial reasoning is based on normative ideas of gender and the judges do little to rectify gender inequities. The second part of the thesis examines the possible impact of judicial reasoning in the cases under study on the formulation of a new Uniform Civil Code to replace religious personal laws in India. The key argument in this part of the thesis is that the Hindu code should not be used as a blueprint for this Uniform Civil Code, as the gendered nature of judicial reasoning raises important concerns on the egalitarian nature of the Hindu Code. Using both the parts, this thesis verifies and expands the hypothesis proposed by Indian legal feminists that religious personal law in India is gendered. This thesis contributes to Indian legal feminist scholarship on religious personal laws in general and to the specific debates in India. The analysis of case law as well as the formulation of the category of Elite Dependent are its unique contributions to furthering this body of literature.

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Ahmed, Zainab. "The entitlement of females under Section 14 of the [Indian] Hindu Succession Act, 1956." Thesis, SOAS, University of London, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.360264.

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Hickling, Carissa. "Disinheriting daughters, applying Hindu laws of inheritance to the Khoja Muslim community in western India, 1847-1937." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0012/MQ41714.pdf.

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Chakraborty, Avishek. "Copyright infringement in hindi and bengali film industry in India: A critical study of the role of indian law enforcement mechanism." Thesis, University of North Bengal, 2017. http://ir.nbu.ac.in/handle/123456789/2691.

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Bhattacharyya-Panda, Nandini. "The English East India Company and the Hindu laws of property in Bengal, 1765-1801 : appropriation and invention of tradition." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.307424.

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Mukhopadhyay, Maitrayee. "#Brother, there are only two Jatis - men and women' : construction of gender identity; women, the state and personal laws in India." Thesis, University of Sussex, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.260834.

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Oliver, Desmond Mark. "Cultural appropriation in Messiaen's rhythmic language." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:54799b39-3185-4db8-9111-77a8b284b2e7.

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Bruhn (2008) and Griffiths (1978) have referred in passing to Messiaen's use of non-Western content as an appropriation, but a consideration of its potential moral and aesthetic failings within the scope of modern literature on artistic cultural appropriation is an underexplored topic. Messiaen's first encounter with India came during his student years, by way of a Sanskrit version of Saṅgītaratnākara (c. 1240 CE) written by the thirteenth-century Hindu musicologist Śārṅgadeva. I examine Messiaen's use of Indian deśītālas within a cultural appropriation context. Non-Western music provided a safe space for him to explore the familiar, and served as validation for previously held creative interests, prompting the expansion and development of rhythmic techniques from the unfamiliar. Chapter 1 examines the different forms of artistic cultural appropriation, drawing on the ideas of James O. Young and Conrad G. Brunk (2012) and Bruce H. Ziff and Pratima V. Rao (1997). I consider the impact of power dynamic inequality between 'insider' and 'outsider' cultures. I evaluate the relation between aesthetic errors and authenticity. Chapter 2 considers the internal and external factors and that prompted Messiaen to draw on non-Western rhythm. I examine Messiaen's appropriation of Indian rhythm in relation to Bloomian poetic misreading, and whether his appropriation of Indian rhythm reveals an authentic intention. Chapter 3 analyses Messiaen's interpretation of Śārṅgadeva's 120 deśītālas and its underlying Hindu symbolism. Chapter 4 contextualises Messiaen's Japanese poem Sept haïkaï (1962) in relation to other European Orientalist artworks of the late-nineteenth and early-twentieth centuries, and also in relation to Michael Sullivan's (1987: 209) three-tiered definitions of japonism.

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Hardas, G. P. "Hindu undivided family: A unit of taxation under direct taxes." Thesis, 1988. http://hdl.handle.net/2009/3257.

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Majumdar, Rochona. "Marriage, modernity, and sources of the self : Bengali women c. 1870-1956 /." 2003. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pqdiss&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&rft_dat=xri:pqdiss:3097134.

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Dodson, Michael S. "Theorising the informant: the epistemic space of Bengal and the codification of Hindu law 1772-1800." Thesis, 1998. http://hdl.handle.net/2429/8093.

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This thesis attempts to interpret the events surrounding the codification and implementation of Hindu law in late eighteenth century Bengal, under the government of the East India Company. The first chapter provides the necessary framework of historical facts for this interpretation; it consists primarily of a narrative of events such as the implementation of structural changes to the judicature, and the collection and translation of "laws" from the Hindu normative treatises, the dharmasastra, in Company sponsored legal digests. The second chapter provides the basic theoretical framework through which these events are interpreted, by first discussing the utilisation of discourse theory by Edward Said in Orientalism, and then by considering subsequent refinements to his approach. I argue for a conception of epistemic space as constituted by objects of knowledge, variously inscribed by divergent discourses. Further, each discourse is seen to be connected with non-discursive factors through the enunciation of individual members of various knowledge communities. Two separate and competing discourses are then described, the first wielded by orientalists and East India Company officials, in a justification of Company rule in India, and the second deployed by Hindu pandits in the compilation of dharmasastra nibandhas. Each discourse is seen to be derived in large part from pre-existing philosophical frameworks peculiar to the members of these two different knowledge communities. The legal, colonial discourse of the orientalists is informed largely by notions of "civil society" and "civil justice," while the "traditional" discourse of the pandits is influenced principally by the philosophical methodologies of mvmdmsa and nyaya, and the concept of dharma. Utilising the concept of "hybridity" as developed by Homi Bhabha, I argue that the pandits of late eighteenth century Bengal refused the demands of colonial discourse, and thereby colonialism itself, by not accepting the "civilise-ational" requirements it imposed upon the legal project.

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Coulson, Douglas Marshall. "“The white man’s burden” : rhetorical constructions of race and identity in U.S. naturalization cases from India, 1914-1926." Thesis, 2009. http://hdl.handle.net/2152/ETD-UT-2009-05-142.

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This report examines the rhetorical strategies employed in several judicial cases during the 1920s in which the U.S. government contested the racial eligibility of Hindus for naturalization under a law providing that only “white persons” were eligible for naturalization. Through a close examination of the arguments and evidence in the cases, the report argues that the decisions in the cases were inextricably linked to the the conflict between the British and a rising Hindu nationalism movement in the struggle for Indian independence during the period surrounding World War I, and thereby highlight the significance of a wide variety of group identities to racial identification as the courts in the cases negotiated the boundaries of America’s global identity through the lens of race.
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Hickling, Carissa. "Disinheriting daughters, applying Hindu laws of inheritance to the Khoja Muslim community in western India, 1847-1937." 1998. http://hdl.handle.net/1993/1942.

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In the early nineteenth century, the Khoja Muslim community of Western India had a remarkably syncretic culture and religious life with a unique blend of Hindu, Sunni and Shi'a Islamic traditions. From 1847-1937, the Khojas were distinguished as a distinct community by the British, requiring judicial recognition of their unique customs and practices. The Bombay courts determined that a Khoja 'custom' which disinherited daughters meant that Hindu, not Muslim, laws of inheritance applied to this Muslim sect. The colonial courts' response to claims of disinheriting daughters and other customs fostered a more conservative and restricted understanding of Khoja women's rights of inheritance and control over property than was ever understood by Khoja women themselves. By the late nineteenth century, the discourse both within the courts and by Khoja men reflected a desire to limit women's rights of inheritance even more than that found in Hindu law. The contradictory application of Hindu and Muslim law further disadvantaged Khoja women as it simultaneously denied them rights of inheritance under Muslim law by applying modified Hindu law, yet strictly enforced Muslim law in marital disputes by disallowing Khoja customs which mitigated the more negative consequences for women in unilateral Muslim divorces. How and why the legal position of disinheriting daughters--and the restricting of Khoja women's rights in general--was determined, upheld, and debated form 1847 to 1937 is the problem examined in this thesis.

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Björkelid, Joakim. "A Jihad on Love : A study on the phenomenon of love jihad in relation to Hindu nationalist constructs of identities in India." Thesis, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444416.

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The aim of this paper is to investigate the Indian Hindu nationalist concept of “love jihad”, an idea based upon the alleged fact that Muslim men actively seeks out non-Muslim women for conversion to Islam by various methods including, false promises of love and abductions. While the accusation that Muslims are conducting love jihad currently is being propagated by several active Hindu nationalist groups, the focus of this paper lies on the Viśva Hindū Pariṣad (VHP) and the Rāṣṭrīya Svayaṃsevak Saṃgh (RSS), two major branches within the so-called family of Hindu nationalist organisations, or the Saṃgh Parivār. The material primarily con-sists of articles pertaining to love jihad, published in each organisation’s mouthpiece magazines. Utilising theories on Indian nationalism placed within a structure of analysing propaganda, based on the propaganda model of Garth S. Jowett and Victoria O'Donnell, this paper investigates the idea of love jihad in relation to the VHP and RSS constructs of Indian identities.

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Faff, R. W., X. Shao, F. Alqahtani, M. Atif, A. Bialek-Jaworska, A. Chen, G. Duppati, et al. "Increasing the discoverability on non-English language research papers: a reverse-engineering application of the pitching research template." 2017. http://hdl.handle.net/10454/16815.

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No
Discoverability or visibility is a challenge that faces all researchers worldwide – with an ever increasing supply of good research entering the scholarly marketplace; this challenge is only becoming intensified as time passes. The global language of scholarly research is English and so the obstacle of getting noticed is magnified manyfold when the article is not written in the English language. Indeed, despite rapid advances in technology, the “tyranny of language” creates a segmentation inhibiting scholarly research and innovation generally. Mass translation of non-English language articles is neither feasible nor desirable. Our paper proposes a strategy for remedying this segmentation – such that, the work of non-English language scholars become more discoverable. The core piece of this strategy is a “reverse-engineering” [RE] application of Faff’s (2015, 2017) “pitching research” template. More specifically, we provide translated versions of the “cued” template across THIRTY THREE different languages: (1) Arabic; (2) Chinese; (3) Dutch; (4) French; (5) Greek; (6) Hindi; (7) Indonesian; (8) Japanese; (9) Korean; (10) Lao; (11) Norwegian; (12) Polish; (13) Portuguese; (14) Romanian; (15) Russian; (16) Sinhalese; (17) Spanish; (18) Tamil; (19) Thai; (20) Urdu; (21) Vietnamese; (22) Myanmar; (23) German; (24) Persian; (25) Bengali; (26) Filipino; (27) Italian; (28) Afrikaans; (29) Khmer (Cambodia); (30) Danish; (31) Finnish; (32) Hebrew; (33) Turkish. Further, we showcase illustrative dual language examples of the RE strategy for the Chinese, Japanese, Vietnamese and French cases.

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Faff, R., X. Shao, F. Alqahtani, M. Atif, A. Bialek-Jaworska, A. Chen, G. Duppati, et al. "Pitching non-English language research: a dual-language application of the Pitching Research Framework." 2018. http://hdl.handle.net/10454/16806.

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Yes
The global language of scholarly research is English and so the obstacle of getting noticed is montainous when the article is not written in the English language. Indeed, despite rapid advances in technology, the “tyranny of language” creates a segmentation inhibiting scholarly research and innovation generally. Mass translation of non-English language articles is neither feasible nor desirable. Our paper proposes a strategy for remedying this segmentation – such that, the work of non-English language scholars become more discoverable. The core piece of this strategy is a “reverse-engineering” [RE] application of Faff’s (2015, 2017a) “pitching research” template. More specifically, we provide access to translated versions of the “cued” template across thirty-three different languages, and most notably for this journal, including the Romanian and French languages. Further, we showcase an illustrative dual language French-English example.

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