History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.987

v4.c63.t2.987

Though an elaborate treatment of customs in modern Anglo-Indian Law is far beyond the scope of the present work, yet a few words on customs in modern times may not be altogether out of place here. When the British began to acquire political domination in India they realized the importance attached to customs by all persons in India and the Charter of the Mayor's court at Bombay in 1753, unconsciously following the ancient dicta of Manu (VII. 203) and Yāj. (I. 343), contains the earliest trace in British royal charters of a reservation to the peoples of India of their laws and customs.¹⁸⁸⁷ The British Parliament and the Indian Legislatures have allowed customs to occupy a very high place in the administration of law and justice. The preamble to 21 Geo. III chap. 70 (1781 A. D.) recited that one of the purposes for which the Act was passed was that the inhabitants of Bengal, Bihar and Orissa should be maintained and protected in the enjoyment of all their laws, *usages*, rights and privileges and sec. 17 of that Act provided among other things that, in the case of the inhabitants of Calcutta, their inheritance and succession to lands, rents and goods and all matters of contract and dealing between party and party shall be determined in the case of Mahomedans by the laws and usages of Mahomedans and in the case of Gentus by the laws and usages of Gentus¹⁸⁸⁸ and, where only one of the parties shall be a Mahomedan or Gentu, by the laws and usages of the defendant. 37 Geo. III chap. 142 (1796 A. D.), sec. 13, Bombay Regulation IV of 1827, sec. 26, the Government of India Act of 1915 (5 and 6 Geo. V chap. 61, sec. 112), Government of India Act 1935 (25 Geo. V chap. 2, sec. 223), the Madras Civil Courts Act (III of 1873, sec. 16), the Bengal, North-west Provinces and Assam Civil Courts Act (XII of 1887 sec. 37), Central Provinces Laws Act (XX of 1875, sec. 5), the Oudh Laws Act (XVIII of 1876, sec. 3), the Bengal Laws Act (XVI of 1872, sec. 5) enact that the custom of the parties or of the defendant shall be the rule of decision in matters of succession and inheritance, marriage, caste, religious institutions and the like.