Type of Family law – Personal law in India
Main article: Dowry law in IndiaFamily laws are different in India, when in 1772 Warren Hastings provided Hindu law for Hindus and Islamic law for Muslims for lawsuits related to private matters. [35] However, after independence, efforts have been made to modernize various aspects of personal law and to bring uniformity between different religions. Recent reforms have affected custody and guardianship laws, adoption laws, succession laws and laws related to domestic violence and child marriage.
Hindu law
Main article: Hindu Personal LawHindu law is a distinct branch of law as far as Hindus are concerned. Although the attempt by the first Parliament after independence did not succeed in bringing a Hindu code covering the entire field of Hindu family law, it enacted laws to touch all major areas affecting family life among Hindus in India. Can go [Citation needed] Jains, Sikhs and Buddhists are also covered by Hindu law
Muslim law
Main article: Muslim personal law in India
The individual laws of Indian Muslims are based on Sharia, which is thus partially applied in India, [36] and the laws and legal decisions that adopt and accommodate Sharia for Indian society. Part of Fiqh as a personal law applied to Indian Muslims is called Mohammedan law. Despite being largely unplanned, the Mohammedan law has the same legal status as other codified statutes. [3ified] The law develops largely on the basis of judicial precedent, which has been subject to review by the courts in recent times. The concept of judicial precedent and 'review by the courts' is a key component of British common law on which Indian law is based. Justice V.R. Krishna Iyer is important in terms of interpretation of statutory as well as personal law.Sunni law:
- Quran
- Sunna or Ahadis (tradition of Prophet)
- Ijma (unanimous decision of jurists)
- KIAS (Analog Reduction)
According to Shia law:
Ussoli Shia Up
- Quran
- Tradition (only those who come from the Prophet's family)
- Ijma (only confirmed by imams)
- reason
- Newspaper Shia
Tradition (only those who come from the Prophet's family)
2. "Secondary Source"
Polygamy and triple talaq have long been the subject of debate. It has been abolished in many Islamic countries, but still has legal validity in the secular country of India. The Supreme Court asked the Central Government for its views, to which it replied that polygamy should be abolished. [3 [] [39] [40]
Christian law
Main article: Christian Personal LawFor Christians, a separate branch of law known as Christian law applies mostly on the basis of specific laws.
Christian law of succession and divorce in India has undergone changes in recent years. The Indian Divorce (Amendment) Act of 2001 has drastically changed the grounds available for divorce. Christian law has emerged as a separate branch of law in India till now. This is a matter of concern for Christians in India. Christian law is based to a large extent on English law, but there are laws that have arisen on the basis of customary practices and precedents.
Christian family law now has all the sub-branches such as marriage, divorce, reinstatement, judicial separation, succession, adoption, guardianship, maintenance, custody of minor children and the relevance of canon law and the law governing family relationships.
Nationality law
Main article: Indian nationality lawNationality law or citizenship law is primarily codified in the Constitution of India and the Citizenship Act of 1955. Although the Constitution of India prohibits multiple citizenship, the Parliament of India passed on 7 January 2004, a law that creates a new form of very limited dual nationality known as migrant citizenship of India. Overseas citizens of India do not have any form of political rights or participation in government, but, there is no plan to issue any form of Indian passport to foreign nationals.
The board which establishes law
Main article: Law enforcement in India
Law enforcement in India is done by many law enforcement agencies. Like many federal structures, the nature of the Constitution of India mandates law and order as a subject of the state, so the bulk of policing lies with the respective states and territories of India.
At the federal level, many agencies are part of the Union Home Ministry, and support states in their duties. Large cities also operate metropolitan police forces, under the respective state governments. All senior police officers in state police forces, as well as the Indian Police Service (IPS) and Indian Revenue Service (IRS) involved in federal agencies, are members of a range of civil services. They are recruited by the Union Public Service Commission.
Police Force
The federal police is controlled by the central governmentDiameter. The majority of federal law enforcement agencies are controlled by the Ministry of Home Affairs. Each of the federal law enforcement agencies is always headed by an Indian Police Service Officer (IPS). The constitution assigns responsibility for maintaining law and order for states and territories, and almost all regular policing-including apprehension of criminals
Te-state level police forces are carried out. The constitution also allows the central government to participate in police operations and organization by authorizing the maintenance of the Indian Police Service. Indian Police Service (IPS) officers are recruited by the Union Public Service Commission through a competitive nationwide examination. On completion of a nationwide basic public-service course, the Indian Police Service attends the National Police Academy in Hyderabad, Telangana for recruitment training. They are then assigned to special state or union forces, where they usually remain for the rest of their careers. In an effort to promote national integration, about 50 percent of the officers are regularly assigned to states or territories other than their own.
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