--Tahir Mahmood POPULATION AND LAW IN INDIA By S. Chandrashekhar Blackie & Sons (India) Ltd., 1976, Price Not Stated VOLUME II NUMBER 5 September-October 1977 In a book on ‘population and law’ the readers should expect
an account of where the principles of planned parenthood and birth control
stand in the legal system of the country. In India the most relevant branches
of the legal system in this context are obviously the personal laws. Therefore,
the primary concern of students of ‘population and law’ in this country is the
position of family planning under the personal laws applicable to various
sections of the people. The author of the book under review, an eminent
demographer, has completely overlooked this concern of the academic world. The
book has no reference at all to the treatment of population control and
planned parenthood in the personal laws of Hindus, Muslims, Christians and
other communities. While Islam contains a detailed and meticulous law on family
planning, one can surely locate in the Dharmshastras also rules and
precepts establishing permissibility of planned parenthood at least by implication
if not by direct statement. Full chapters on how family planning is viewed
under the Islamic Shariat and the ancient laws of India, if included in
the book, would have been immensely useful. It seems that the author has
understood ‘law’ in the narrow sense of statutory law only and has therefore
devoted his study to an examination of nearly all those rules found on the
Indian statute book which have any bearing or reflection on the issue of family
planning.
Even where the author has discussed aspects of
personal law relevant to the subject of his study (e.g., laws relating to age
of marriage, succession and women’s rights) he has confined his discussion to
Hindu law. The book makes no reference to these aspects as treated under the
laws of Muslims, Christians, Parsis and Jews who, too, are part and parcel of
the Indian community. Moreover, even the account of Hindu law given by the
author is neither comprehensive nor up to date. In the section on adoption, for
instance, there is no mention of the Adoption of Children Bill, 1972, and an
impression is definitely created that the author is not aware of it.
In the context of family planning, the Medical
Termination of Pregnancy Act, 1971, comes next to personal laws in the order of
importance. The treatment of this Act in the book is surprisingly brief and
inadequate.
The book is ... Table of Contents >> |