Text
The article compares legal perspectives and norms between Britain and India to establish that the distinction drawn by English lawyers between "custom" and "usage" does not exist in India. There being in England no such thing as a " personal law," in the sense in which that expression is used in India, English rules as to the necessary proof and characteristics of customs and usages, cannot usefully be applied. As a result the confusion manifested in the English law on the subject, becomes worse confounded when sought to be applied in Indian Courts. "Usage" and "custom" being synonymous terms as applied to the personal law of a Hindu or Mohammedan, their identity should be judicially recognized, and appropriate rules framed for their enforcement, without regard to the distinctions and refinements of English Law.
