The Black Law Dogma: Examining The Persistence Of Colonial Patriarchy In Hindu Family Law

Rajashri Madan Kamat, O. P. Jindal Global University, Sonipat, Haryana

INTRODUCTION

Patriarchal laws have governed Indians since the beginning of the establishment of the country’s legal institution. Even after 75 years of independence, the effects of colonization can still be felt; socially and legally. This colonialism altered our legal system to an extent that every law formed from the very first days of our independence can still be found with traces of colonialism in them. With these laws still existent post-colonially comes the brunt of patriarchy. Colonial laws are based heavily on principles of creating clear class differences between men and women, something they manifest into our daily lives by implementing laws reflecting these views. Through this paper, the various colonially patriarchal laws will be traced and their effects on our legal system.

Through examples of case laws, I wish to demonstrate why reform is necessary with a view to revitalise and perhaps redefine what this colonial definition of the institution of marriage is and additionally also analyse the dangerous consequences of these laws manifesting into real life with the help of examples of case laws. Most importantly, the need to reform these laws will be expressed in the paper to ameliorate the due process of law.

Statutes and legislation are a part and parcel of our lives. They are the basis on which morality, social conduct and the very institution of marriage are determined. Hence, this paper will be a legal analysis and not a sociological one since sociological and philosophical schools of thought give mere theories and don’t consider the ground realities of the repercussions of these unjust legislations.