Understanding Tradition and Culture

• Tradition:
  • Refers to beliefs, principles, or practices passed down from generation to generation.
  • Shapes the social fabric and influences daily lives in communities.
  • Example: Rituals, marriage customs, and religious ceremonies.
• Culture:
  • Refers to the way of life, including customs, language, religion, food, music, and art.
  • Defines the identity and social habits of a community.

Tradition and Culture as Connectors to Religion

• Tradition and culture are often intertwined with religion in India.
• Many laws historically evolved from religious scriptures and customary practices.
  • Example: Family laws for Hindus are derived from the Shastras, while Muslim family laws are based on the Quran.

Tradition of Sati

• What It Was: A widow would immolate herself on her husband’s funeral pyre.
• Legal Actions:
  • Abolished by Governor Lord William Bentinck in 1829.
  • Sati Prevention Act, 1987, made the abetment of Sati punishable by death.
• Impact: The practice has been eradicated, showcasing how laws can transform harmful traditions.

Tradition of Polygamy

• What It Was: Polygamy allowed men to have multiple wives.
• Legal Actions:
  • Islamic law limited men to four wives.
  • IPC Section 494 made bigamy an offence.
  • Indian Christian Marriage Act of 1872 prohibited polygamy for Christians.
• Impact: Polygamy is now largely outlawed, promoting monogamy as the societal norm.

Tradition of Child Marriage

• What It Was: Children were married at a very young age, often without understanding the meaning of marriage.
• Legal Actions:
  • Child Marriage Restraint Act, 1929, restricted child marriage (21 years for males, 18 years for females).
• Impact: Efforts continue to combat the practice and protect children.

Tradition of Adultery

• Traditional View: Adultery was seen as a grave offence in Indian society.
• Legal Framework:
  • IPC Section 497 criminalized adultery, reflecting traditional values.
  • Recent changes have decriminalized adultery, aligning the law with modern principles.

Status of Husband and Wife in India

• Reflects a historical lack of equality in marital relationships, which has since evolved with modern laws.

Traditional System of Dispute Settlement

• What It Was: Disputes were resolved by community elders in Gram Nyayalayas (village courts).
• Transition: British colonial rule replaced this system with formal courts.
• Impact: Modern legal infrastructure developed, but traditional systems still influence informal dispute resolution in rural areas.

Tortious Liability of the King and State

• Traditional View: Indian traditions held rulers accountable for their actions.
• Colonial Influence: British law adopted the maxim “the king can do no wrong,” exempting the state from certain liabilities.
• Impact: This principle conflicted with Indian traditions and has since evolved to ensure accountability.