Responsibility of Law
THE INDIAN FAMILY FRAME---- RESPONSIBILITY OF LAW
*Dr. K. Uma Devi
**Dr. G. Indira Priya Darsini
Introduction:
Family is a basic and universal unit of human society. It performs functions that are necessary for the continuity, integration and development of social life. In most traditional societies family has been the unit of social, cultural, religious, economic and political activities and organizations. In modern industrial societies, the family performs primarily the functions of reproduction, socialization and provision of emotional satisfaction. A family is a domestic group of people, or a number of domestic groups, typically affiliated by birth or marriage, or by comparable legal relationships including adoption.
There are a number of variations in the basic family structure. Throughout history, families have been central to human society; a key indicator of a society 's well-being is the health of its families. For this reason, as stated in Article 16(3) of the Universal
Declaration of Human Rights, "The [family is the] natural and fundamental group unit of society and is entitled to protection by society and the State." The family is the basic social unit for the expression of love between man and woman and the creation and raising of children. The family tames the wilder impulses of men to the responsibilities of fatherhood, enables young women to blossom as mothers, and cultivates morality in children. Moral virtues, empathy, and good human relationships are learned in the family.
An important indicator of the social value of the family is the capacity for strengthening the link between generations, in other words intergenerational relations. The procreative and educative dimensions of the family constitute an indisputable economic factor which must be recognized as such.[1]
The family is the "basic community of society". The public authorities must therefore protect it, because it comes before the State and any political
*Dr. K. Uma Devi
**Dr. G. Indira Priya Darsini
Introduction:
Family is a basic and universal unit of human society. It performs functions that are necessary for the continuity, integration and development of social life. In most traditional societies family has been the unit of social, cultural, religious, economic and political activities and organizations. In modern industrial societies, the family performs primarily the functions of reproduction, socialization and provision of emotional satisfaction. A family is a domestic group of people, or a number of domestic groups, typically affiliated by birth or marriage, or by comparable legal relationships including adoption.
There are a number of variations in the basic family structure. Throughout history, families have been central to human society; a key indicator of a society 's well-being is the health of its families. For this reason, as stated in Article 16(3) of the Universal
Declaration of Human Rights, "The [family is the] natural and fundamental group unit of society and is entitled to protection by society and the State." The family is the basic social unit for the expression of love between man and woman and the creation and raising of children. The family tames the wilder impulses of men to the responsibilities of fatherhood, enables young women to blossom as mothers, and cultivates morality in children. Moral virtues, empathy, and good human relationships are learned in the family.
An important indicator of the social value of the family is the capacity for strengthening the link between generations, in other words intergenerational relations. The procreative and educative dimensions of the family constitute an indisputable economic factor which must be recognized as such.[1]
The family is the "basic community of society". The public authorities must therefore protect it, because it comes before the State and any political
References: 1. Uberoi, Patricia, ed., Family, Kinship And Marriage in India, Oxford University Press, New Delhi, 1994. 2 Shah, A.M., The Family in India : Critical Essays, Orient Longman, New Delhi, 1998. 3. Bhabha, Homi K. (1988) ?Cultural Diversity and Cultural Difference? (excerpted from ?The Commitment to Theory?, New Formations 6. Ammu Abraham,Personal Laws in India, Paper Presented at the Asian Conference on Women, Religion and Family Laws (Bombay: Women 's Centre, 1987) 2. (Recorded and transcribed? by P Bilimoria), See also (1995), ?Implications of Uniform Civil Code? and ?Uniform Civil Code - An Indian Perspective? 15. 'Goonesekere Savitri, Children Law and Justice, 2000 Edition, Allahabad Law agency. 16.Kriti Dwivedi , Medical Termination of Pregnancy Act, 1971: An Overview, National Law Institute University. 19. S.A. Desai, Mulla Hindu Law, Vol. 2, 19th Ed., 1987) 20 New Brunswick. NJ, See also Singh, Indu Prakash. Women, Law and Social Change in India . New Delhi: Radiant Publishers, 1989. 25. Paras Diwan, Modern Hindu Law, Allahabad Law Agency, Allahabad, 1992. 26. Coutright, Paul and Harlan L (eds.). (1995).? From the Margins of Hindu Marriage: Essays on gender, Religion and Culture 29. Section 9 of the Hindu Marriage Act, 1955 reads as follows:- "When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, the aggrieved party may apply, by a petition to the district 30. T. Sareetha v. T. Venkatasubbaiah, A.I.R. 1983 A.P. 356. 31. A.I.R. 1984 Del. 66. 32. A.I.R. 1984 S.C. 1562. 33. Harvinder Kaur v Harminder Singh, A.I.R. 1984 Del. 66. 34. A.I.R. 1983 A.P. 356. 36. Muslim Women Protection of Divorce Act, 1986. Delhi: Eastern Book Co. 37. Jaspal Singh, Law of Marriage and Divorce in India , (1983), 38 ibid 25. 41. Masilamani Mudaliar v. Idol of Sri Swaminathaswami Thirukoil (1996 8 SCC 525) 42 43. (1994 Supp (1) SCC 713) 44 45. The Court relied on the following judgments while dismissing the Petitions: Pannalal Pitti v. State of A.P. (1996 2 SCC 498), Madhu Kishwar V 47. 2002 8 SCC 106 48 55. Mohammad Ahmad Khan v. Shah Bano Begum,? SCC 2 (1985) Sec. 556. In A.I.R.(The All India Reporter): July 1985, Vol 72 Part 859: pp.945-954.