Browsing by Author "Ghosal, Anupama"

Now showing 1 - 2 of 2

Open Access
Parsi Divorce: Time to Rethink the Legal Framework?
(University of North Bengal, 2019-09) Ghosal, Anupama; Contractor, Neville
Unlike other communities, the Parsi community is relatively a small community in India. In pre-colonial period, due to the absence of their code of law, Parsis had to depend on the basic principles of justice and fairness but later they were generally managed by panchayats or five most influential and intelligent persons within the community, for redressal of their grievances, because of which problems arose while resolving the disputes pertaining to inheritance and matrimonial litigations. In the colonial period, the need was felt to enact Parsi Marriage and Divorce Act (PMADA) in 1865 that provided for the jury system. Out of many, two major problems that arose in the jury system was access to the matrimonial courts and time-consuming adjudication of matrimonial disputes. The inherent deficiency and inadequacy of the jury system resulted in the formation of opinions and arguments disfavouring and favouring the jury system. The Supreme Court of India finally laid down the principles which constitute the crux of the fundamental right to access justice for the Parsi community. To suit the current need of the Parsi community with the changing times and for ensuring justice and fairness, a reboot of the existing and prevalent Parsi jury system is a necessity.
Open Access
Widow’s Right to Property Under Hindu Law: A Comparative Analysis with Other Personal Laws in India
(University of North Bengal, 2021-03) Ghosal, Anupama; Pal, Sreeja
In the ancient Hindu society where widows were subjected to the inhuman practice of Sati, there was no discussion over giving them property rights, and they would be divested of their husbands’ properties. With the advent of the British colonial rulers in India, the widow’s rights started being recognized, first with the Bengal Sati Regulation, 1829 which abolished Sati, followed by the Hindu Widow’s Remarriage Act, 1856. However, widows were still far from getting property rights. Before 1937, the widow of a Hindu governed by Mitakshara and as well as Dayabhaga law had only a right of maintenance in respect of coparcenary property in which the husband had interest. This Paper aims at tracing the evolution of widow’s rights in property from the ancient rules of Hindu Law through the Hindu Women’s Right to Property Act, 1937 of British India and the Hindu Succession Act, 1956 which came up post-Independence of India. The analysis will be augmented by discussions around the recent jurisprudential developments in this regard. Finally, the Paper entails a comparative analysis of widow’s right to property under Hindu Law and other Personal Laws of India.