9th CARTAL Conference on International Arbitration – Register Now!

The Centre for Advanced Research and Training in Arbitration Law (CARTAL) at National Law University, Jodhpur is pleased to announce the 9th CARTAL Conference on International Arbitration, scheduled for March 22-23, 2025. In collaboration with Jus Mundi, Kluwer Arbitration, and SCC Times as the media partner, this prestigious event promises to offer valuable insights into the evolving landscape of arbitration law.

The Centre for Advanced Research and Training in Arbitration Law (CARTAL) at National Law University, Jodhpur, is proud to announce its 9th CARTAL Conference on International Arbitration, set to take place on March 22-23, 2025. This highly anticipated event, organized in collaboration with Jus Mundi and Kluwer Arbitration, along with SCC Times as the exclusive media partner, aims to explore cutting-edge issues and trends in the field of international arbitration.

The conference is designed to bring together a diverse group of professionals, including academicians, practitioners, research scholars, and students. This event will provide a platform for engaging discussions, intellectual exchange, and networking with experts in the field. The conference will feature paper presentations and panel discussions on contemporary arbitration topics, allowing participants to delve into the complexities and advancements shaping the world of international arbitration.

Why Attend?

The 9th CARTAL Conference offers attendees a chance to immerse themselves in the latest trends and developments within the arbitration sector. It provides a unique opportunity to learn from top experts, present research, and engage in meaningful conversations with like-minded professionals. With sessions dedicated to practical issues and theoretical developments, this conference promises to be a valuable experience for anyone involved or interested in arbitration law. Additionally, participants will enjoy networking opportunities, including a networking dinner, where they can connect with peers and experts in a more informal setting.

Conference Themes

We invite participants to submit their abstracts on the following conference themes:

  1. Revolutionizing Arbitration with Emerging Technologies – This theme will explore how new technologies like artificial intelligence, blockchain, and digital tools are transforming arbitration procedures and enhancing efficiency.
  2. Institutional Arbitration: Navigating Legal Frameworks and Enhancing Procedural Efficiency – This theme will focus on the evolving role of institutional arbitration, addressing the challenges and opportunities in improving legal frameworks and procedural efficiency in institutional settings.

Who Can Participate?

This conference is open to a wide range of individuals, including students pursuing LL.B./LL.M., academicians, research scholars, and practitioners with an interest in international arbitration law. Whether you’re a student eager to learn or a seasoned professional wishing to share insights, this conference is designed to provide value to all participants.

Registration Details

The registration fee for the conference includes access to all sessions, accommodation, and meals. Travel expenses are not covered; however, local conveyance from the accommodation to the university will be provided.

  • Academicians/Practitioners: ₹3000 per person
  • Students/Research Scholars: ₹2000 per person

How to Register?

To register, please fill out the online registration form available here: Google Form. The registration deadline is March 7, 2025. Don’t miss out on this exceptional opportunity to engage with thought leaders in the field of international arbitration!

Important Dates

  • Registration Deadline: March 7, 2025
  • Conference Dates: March 22-23, 2025

For any queries or additional information, please contact [email protected] or call +91 8454867872.

We look forward to welcoming you to the 9th CARTAL Conference on International Arbitration at National Law University, Jodhpur—a truly enriching and intellectually stimulating experience for all attendees!


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Sources of Hindu Law in Family Law: Ancient Texts, Customs etc

Introduction to the Sources of Hindu Law

Hindu law governs the personal lives of Hindus in India. It deals with marriage, divorce, inheritance, adoption, guardianship, and family relations. Unlike codified systems, Hindu law evolves from a variety of sources that influence its development over time. These sources are categorized as ancient and modern. Each has shaped Hindu family law into what it is today.

In this detailed discussion, we will explore both the ancient and modern sources that contribute to Hindu law. We will also examine their specific roles in family law.

Ancient Sources of Hindu Law

Ancient sources are foundational texts and customs that predate colonial influences. These include:

Shruti: The Vedas

The Vedas, considered the earliest and most authoritative texts, form the foundation of Hindu law. They consist of hymns, mantras, and rituals, but also contain principles for human conduct. There are four Vedas: Rig Veda, Yajur Veda, Sama Veda, and Atharva Veda. Although they do not explicitly address family law, their teachings emphasize Dharma. Dharma, the duty towards family and society, shapes family law.

The Vedas establish the responsibilities of individuals in the family. For instance, they define the duty of a husband to protect his wife and of parents to care for their children. These duties continue to influence the legal framework governing family relationships.

Smriti: Manu Smriti and Other Texts

The term “Smriti” refers to remembered laws written after the Vedas. The Manu Smriti is the most significant Smriti related to family law. It outlines rules on marriage, divorce, inheritance, and family roles. For example, it describes different types of marriage such as Brahma marriage (arranged by parents) and Gandharva marriage (love marriage).

Manu Smriti also discusses women’s roles and property rights, which were quite limited in ancient times. Daughters were often excluded from inheritance, and widows had restricted rights. Despite these limitations, Smritis are crucial in understanding the early development of family law.

Custom (Achara)

Custom or Achara plays an important role in Hindu law. Customs, passed down through generations, govern many aspects of family life. These practices hold legal validity when they are ancient, reasonable, and consistently followed by the community.

For instance, in some regions, communities practice matrilineal inheritance, passing property through the female line. The Aliyasantana law in South India is an example of this. Customs also determine marriage rituals and adoption rules in various Hindu communities.

Commentaries and Digests

Over the centuries, scholars wrote commentaries and digests that explain the Smritis. These works offer interpretations and clarifications of Hindu laws. Among the most important commentaries are the Mitakshara and Dayabhaga.

  • Mitakshara, written by Vijnaneshwara, influences inheritance laws across most of India. It details coparcenary rights and joint family property.
  • Dayabhaga, authored by Jimutavahana, is followed mainly in Bengal and Assam. It differs from Mitakshara in its inheritance rules. For instance, sons can inherit property only after the father’s death under Dayabhaga.

These commentaries help modern courts interpret ancient laws, especially concerning property rights and family disputes.

Modern Sources of Hindu Law

Modern sources emerged with the British rule and subsequent independence. These include judicial decisions, legislation, and principles of equity. They have significantly shaped current family law.

Judicial Precedents

Courts play a major role in developing Hindu family law. Higher courts, especially the Supreme Court, issue rulings that influence future cases. This practice is known as the doctrine of stare decisis. Judicial decisions, especially in landmark cases, help clarify and modernize family law.

For example, the Shah Bano Case (1985) brought attention to the right of Muslim women to maintenance after divorce. Although the case involved a Muslim woman, its influence extended to Hindu family law as well. The court’s interpretation of Section 125 of the Criminal Procedure Code (CrPC) emphasized women’s rights to maintenance, influencing similar rulings in Hindu law.

Legislation

Several legislative acts have reformed and codified Hindu family law. These acts ensure that ancient customs align with modern values of equality and justice. The most notable laws include:

  • The Hindu Marriage Act, 1955: This act governs marriage and divorce among Hindus. It establishes legal grounds for divorce such as cruelty, desertion, and adultery. It also recognizes monogamous marriages and consensual divorces.
  • The Hindu Succession Act, 1956: This act revolutionized inheritance rights by giving daughters equal rights to property. Before this act, women’s inheritance rights were minimal or nonexistent.
  • The Hindu Minority and Guardianship Act, 1956: This act establishes the welfare of the child as the primary consideration in determining guardianship.
  • The Hindu Adoptions and Maintenance Act, 1956: This law regulates adoption and guarantees maintenance rights to spouses, children, and parents.

These laws have reformed Hindu family law, promoting gender equality and individual rights. They ensure that the legal framework keeps pace with changing societal values.

Principles of Equity, Justice, and Good Conscience

In cases where no clear legal rule exists, courts rely on principles of equity, justice, and good conscience. This approach ensures that even in the absence of codified laws, justice prevails. Courts use these principles to resolve family disputes when existing laws are silent or outdated.

For example, when determining the division of family property, courts often take a balanced approach to ensure fairness. This practice ensures that legal outcomes align with contemporary moral and ethical standards.

Influence of International Human Rights

International treaties and human rights laws also influence modern Hindu family law. India’s participation in agreements like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has spurred reforms that benefit women. These reforms have ensured gender equality in inheritance, adoption, and guardianship laws.

For example, the Hindu Succession Act now guarantees equal property rights for daughters, reflecting global human rights standards. Courts frequently cite international law to justify progressive changes in family law, ensuring it aligns with universal human rights principles.

Conclusion

The sources of Hindu law, both ancient and modern, form a rich tapestry that governs family relations. Ancient texts like the Vedas and Smritis provide a foundation for Hindu law. Customs and commentaries offer additional guidance, reflecting the diversity of practices within Hindu communities.

In modern times, legislation and judicial decisions have reformed Hindu family law, making it more equitable and aligned with contemporary values. The introduction of acts like the Hindu Marriage Act and Hindu Succession Act ensures greater protection for women and children. Courts continue to play a vital role in interpreting and applying these laws, often relying on principles of equity and justice.

As society evolves, so too does Hindu family law. International human rights law, judicial activism, and legislative reforms ensure that it remains relevant and responsive to the needs of modern society. By balancing tradition with progress, Hindu law continues to govern family matters while embracing the values of equality, fairness, and justice.


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