The Caste Disabilities Removal Act, 1850
Encyclopedia
The Caste Disabilities Removal Act, 1850, also Act XXI of 1850, was a legislation passed in British India under East India Company rule
, that abolished all laws affecting the rights of persons converting to another religion or caste. Under ancient Hindu
law a person converting from Hinduism
to another religion became ineligible for inheriting property from other family members. The new Act allowed Indians who converted from one religion to another religion equal rights under the law, especially in the case of inheritance..
ACT No. XXI Of 1850
[11th April, 1850.]
An Act for extending the principle of section 9, Regulation VII, 1832, of the Bengal Code throughout the Territories subject to the Government of the East India Company.1
Preamble.
WHEREAS it is enacted by section 9, Regulation VII, 1832, of the Bengal Code, that "whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit
shall not be either of the Muhammadan or Hindu persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled; and whereas it will be beneficial to extend the principle
of that enactment throughout the territories subject to the government of the East India Company ; It is enacted as follows :—
1 Short title, "The Caste Disabilities Removal Act, 1860." See the Indian Short Titles Act, 1897 (XIV of 1897).
Company rule in India
Company rule in India refers to the rule or dominion of the British East India Company on the Indian subcontinent...
, that abolished all laws affecting the rights of persons converting to another religion or caste. Under ancient Hindu
Hindu
Hindu refers to an identity associated with the philosophical, religious and cultural systems that are indigenous to the Indian subcontinent. As used in the Constitution of India, the word "Hindu" is also attributed to all persons professing any Indian religion...
law a person converting from Hinduism
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
to another religion became ineligible for inheriting property from other family members. The new Act allowed Indians who converted from one religion to another religion equal rights under the law, especially in the case of inheritance..
Text
Preamble.
WHEREAS it is enacted by section 9, Regulation VII, 1832, of the Bengal Code, that "whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit
shall not be either of the Muhammadan or Hindu persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled; and whereas it will be beneficial to extend the principle
of that enactment throughout the territories subject to the government of the East India Company ; It is enacted as follows :—
- 1. So much of any law or usage now in force within the territories subject to the government of the East India Company as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of, any religion, or being deprived of caste, shall oease to be enforced as law in the Courts of the East India Company, and in the Courts established by Royal Charter within the said territories.
1 Short title, "The Caste Disabilities Removal Act, 1860." See the Indian Short Titles Act, 1897 (XIV of 1897).