SOAS Research Online

Abstract

The prime object of this thesis is to find out various problems of Hindu religious endowments in general, and private Hindu religious trusts in particular, and to provide suggestions which may be useful for any future comprehensive legislation in that field. Though the thesis is on Hindu religious endowments, section 1 of the first chapter, providing a background to the main contention, deals with the provisions of the Constitution of India, which guarantees every individual in India the right to freedom of religion and management of religious affairs. The purpose of section 2 of the chapter is to show how far a Civil Court can intervene in religious affairs. The second chapter deals with trusts in both English and Hindu law. The objects of this chapter are to enquire into those areas in which the influence of English concepts of law in the Indian field are evident and to make a brief comparative study between the two systems. The main contention, which is related to various problems of private Hindu religious endowments or private debutters is expressed in the third, fourth and fifth chapters. The sixth chapter deals with Hindu public religious trusts called maths; these are unique and one of the oldest Hindu religious institutions. Moreover, it is the problems existing in those institutions which have been investigated. The seventh, and concluding chapter advances propositions relating to the contents of the thesis, in the hope that, if any future statute is introduced, the Indian Parliament will take into consideration the suggestions put forward by way of those propositions.