History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.512

v4.c63.t2.512

Others opine that one Code for the whole of India is not and cannot be a practicable proposition. In support of their objection they rely on the existence of the several schools of law now prevalent in the whole of India. If India desires to be a self-governing political unity in the future, there is a compelling reason why it should be governed by a single Code of Hindu Law, as it has been gov erned and will be governed in other substantial provinces of law by codes applicable to all alike. That will help in the direction of solidarity and will be of some use in doing away with fissiparous tendencies. There are really only two schools of Hindu Law. And the unification of Hindu Law will be helped by the abolition of the right by birth which is the cornerstone of the Mitākṣarā school and which the draft Hindu Code seeks to abolish. Many people are vehemently opposed to the change. But they forget that, what with the rule that any member of a joint Hindu family may alienate his interest for value, what with the Gains of Learning Act, the Hindu Women's Rights to Property Act and other enactments, the real core of the ancient Hindu family system has been removed and only the outer moribund shell remains (vide p. 604 above). Some are opposed to giving along with sons a share to daughters, particularly to married daughters. But here a compromise may be effected by allowing a share to unmarried daughters alone (as Yāj. II. 124 and the Mitākṣarā thereon expressly provide).