Transnational Hindu law adoptions: recognition and treatment in Britain

Abstract

This article examines how the adoption of children under Hindu law in India is regarded by British private international law and immigration law. Through an analysis of case-law, it focuses particularly on how British judges regard the legitimacy of exclusion by the British immigration control system of children who have been adopted under a 'foreign' legal system which essentially permits private adoption arrangements. Examining the background to the regime of Indian Hindu law adoptions (which applies to Sikhs as well as Hindus), and the private international law and immigration rules which apply to such adoptees in the UK, the article finds some evidence in the judicial decisions of a more activist, humanrights-based, plurality-conscious position being taken. However, tracking the case-law further, the article concludes that such activism has not been followed through in more recent decisions leaving the conflictual position between transnational adopters and British legal systems largely unresolved.

Moulding the migrant family

“…However, interference in existing family life must first be established under Art 8(1) and that will depend upon the facts, while, under Art 8(2), the child's interests must compete with other considerations including immigration control. 122 Occasionally, in intra-family adoptions, it may be found that serious and compelling family or other considerations make exclusion undesirable. 123…”

Everyday Transnational Lives of Uzbek Migrants in Russia

“…One of the key themes in this research field literature is migrants' legal transnationalism, that is, how migrants' pre-migratory cultural and normative repertoires (values, attitudes towards the law, entrenched behavioural patterns, accustomed social practices and informal norms) influence their everyday lives and experiences in their host society (Ballard, 2006;Kubal, 2013a;Menski, 1993;Shah, 2009). However, the existing studies on migrants' legal transnationalism largely focus on the case studies of immigrant communities in "established countries of immigration" such as the United States, Australia, Canada and Western European countries.…”

Law Reform as the Part of National Resilience: Discovering Hindu and Pancasila Values in Indonesia’s Legal Development Plan

“…The development of Hindu law began with Sruti, which was written in the tenth century B.C. It then inspired the Dharma Sastra book, which is a collection of pure laws rather than Sruti/Smrti [9], including the fourth periodization starting from Krtha Yuga with Manawadharma sastra, Treta Yuga with Gautama Dharmasastra, Dwipara Yuga with Samkha Likhita Dharmasastra, and Kali Yuga with Parasara Dharmasastra [10]. The concretization of Hindu law begins with the Manu eras and has influenced subsequent periods, including the Majapahit era, with the introduction of legal reforms toward a modified Manawadharmasastra based on Majapahit conditions.…”