What Was The Lex Loci Report?


The First law commission was appointed in 1835 under the charter Act of 1833, with Lord Macaulay as the chairman, Among its achievements, one of some significance is the Lex Loci Report (1837).

The Anglo-Indians had complained to the court of Directors of the Company that (excepting the places under the jurisdiction of the Supreme Court) the civil law applicable to them in other places in India was not clear and that there was much confusion.

The Christians, Anglo_Indians, Parsees the Portuguese, the Armenians had no civil law applicable in the Moffusils in India. The courts were applying the substantive law of the country of the person or his ancestors. This had led to great difficulty. This was referred to the Commission. The commission considered the question of law applicable to non-Hindus & non-Muslims and presented a report in 1837, which is called the Lex Loci Report.

The report showed the utter confusion and uncertainty of the law in India. One part of the Report was implemented. The Hindu & Muslim law provided that on conversion, the Hindu's or Muslim's property would be forfeited. There was great pressure against this by non-Hindus & non-Muslims. Hence, the Caste Disabilities Removal Act 1850 was made. This abrogated the Hindu or Muslim law which forfeited or affected the properties or the inheritance of the convert. Thus, though the lex loci Report was a failure, it had some measure of success to its credit.

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