SOAS Research Online

Abstract

The main topic of the thesis has been divided in two parts, namely, sastnic law and judge-made law. For the former several Sanskrit works whether published or otherwise and whether in the Devanagari or the Bengali script have been considered. Pit-falls of erroneous translations have been avoided by giving references to the original texts at all places. With the help of the added sastric information new light has been thrown on questions such as whether inherited property is stridhana according to the various Mitasara sub-schools; whether such property should be considered as saudayika; what are the rights of a childless daughter, adopted son, illegitimate children etc. in succession to stridhana; whether degradation amounts to civil death etc. For the latter part more than 500 decisions have been considered. They have been arranged and analysed with a view to demonstrate the growth not only of the judge-made law but also of the rift between the sastric law and the judge-made law. Incongruity, if any, amongst several decisions on the same point has also been pointed out. A chapter on customary law contains special provisions concerning proprietory rights of prostitutes, and a gist of six systems of customary law from South-East Asia including India, Burma and Ceylon. A chapter on the recently codified law in India contains also a scrutiny of the similar previous attempts in the former Native States of Mysore and Baroda. The chapter also contains a few comments concerning the defects and the deficiencies in the enacted law. The conclusion contains a few suggestions as to how the provisions of the enacted law should be amended so as to bring them in conformity with the advanced public opinion in other countries as well as in India.