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Anglo-Hindu Law (The second phase (between 1864-1947 (after 1864 India was…
Anglo-Hindu Law
The second phase
between 1864-1947
after 1864 India was formally part of the British Empire
Departure from Dharamshastra is the most significant change in the second phase
after the system of court pandits ended
the British legislated and codified various laws or acts in the form of English Legal System
diverse customary laws that were practiced in various regions and communities in India
they were not connected to the idealized system of the Dharmashastra
The British compiled the diverse customary laws practiced among different communities
these customary laws were used as a consultative resources in the court
Dharmashastra lost its relevance
English legal system was well received by the Indian Nationalist Movement and was adopted after the independence
The first phase
between 1772-1864
started in 1772 when the British adopted rules for administration of Justice in Bengal
three main developments occured
first,
the important Dharmashastra texts were complied and translated by
William Jones
Henry Thomas Colebrooke
rules of these text were applied to expand the British Rule in India
Second,
court pandits were used to aid the British judges with interpretation and implementation of the Dharmashastra texts and classical hindu law
Third,
this process became redundant
sufficient proliferation and development of established case laws of some precedent value