Section 4 - Overriding Effect of the Hindu Adoptions and Maintenance Act 1956

Section 4 explains the overriding effect of the Hindu Adoptions and Maintenance Act, 1956 (HAMA). Where the Act makes provision for a matter, earlier Hindu law, custom or usage cannot continue to govern that matter. An earlier law also ceases to apply to Hindus to the extent that it is inconsistent with the Act.

At a glance: HAMA is Act No. 78 of 1956 and came into force on 21 December 1956. Section 4 is part of Chapter I, "Preliminary".

Text of Section 4 - Overriding effect of Act

4. Overriding effect of Act. Save as otherwise expressly provided in this Act, -

(a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to apply to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.

What Section 4 means

Section 4 gives statutory priority to HAMA in matters that the Act regulates. It is subject to the opening qualification, "Save as otherwise expressly provided in this Act." This means that an express saving or exception contained elsewhere in HAMA must still be respected.

Clause (a): earlier Hindu law, custom and usage

Clause (a) deals with pre-existing sources of Hindu law. If HAMA has made provision for a particular matter, an earlier text, rule or interpretation of Hindu law, or a custom or usage forming part of Hindu law, ceases to have effect for that matter.

The expression "custom" and "usage" is defined in Section 3. In substance, it refers to a rule continuously and uniformly observed for a long time so as to obtain the force of law among Hindus in a local area, tribe, community, group or family, subject to the statutory conditions stated in Section 3.

Clause (b): inconsistent earlier laws

Clause (b) addresses other laws that were in force immediately before HAMA commenced. Such a law ceases to apply to Hindus only to the extent of inconsistency with HAMA. The clause therefore targets the inconsistent part rather than declaring every earlier law wholly inapplicable.

Why the overriding clause matters

HAMA was enacted to amend and codify the law relating to adoption and maintenance among Hindus. Section 4 supports that codifying purpose by making the Act the governing statutory framework where it has expressly dealt with a subject. Questions about adoption should therefore be read with the requirements in Chapter II, including Section 5 and Section 6. Maintenance questions should be considered with the applicable provisions in Chapter III.

Scope of Section 4

Section 4 does not operate in isolation. Whether HAMA applies to a person is governed by Section 2 - Application of Act. The overriding effect under Section 4 must also be read according to the precise subject for which HAMA has made provision and any express exception or saving contained in the Act.

Practical point: When an older Hindu-law rule, custom or statute is relied upon in an adoption or maintenance dispute, the first questions are whether HAMA applies, whether HAMA makes provision for that matter, and whether the earlier rule is inconsistent with the statutory scheme.

Related provisions

For context, read Section 2 - Application of Act, Section 3 - Definitions, and Section 5 - Adoptions to be regulated by this Chapter.

Legal text checked against the official India Code record for the Hindu Adoptions and Maintenance Act, 1956. Readers should verify the current statutory text and applicable case law for a specific legal matter.