Hindu law guides people who follow the Hindu religion in their personal and social lives. It’s a mix of religious beliefs, customs, and modern interpretations. This article explores the origins and sources of Hindu law, including ancient texts and modern influences. We will look at important court decisions and how Hindu law has changed over time.
Meaning of Hindu Law
Hindu law is part of the Hindu faith that has legal importance. It’s often described as the enforceable aspect of Dharma, which is a broader concept meaning duty. Hindu law includes rules and principles recognized by authorities to govern people. It’s a law that can be changed by the sovereign, but usually isn’t. Manu, a significant figure in Hindu law, describes the Vedas, Smritis, accepted customs, and what appeals to a person’s good conscience as the four parts of Dharma. Yajnavalkya, another important figure, agrees but uses the term Srutis instead of Vedas.
The courts first defined Hindu law in the 1927 case "Mookka Kone Alias Vannia Kone And Ors. vs. Ammakutti Alias Vannichi Ammal And Anr." The Madras High Court said Hindu law isn’t like common law in England or a statute made by a supreme authority. It’s a set of rules found in Sanskrit books considered authoritative on Hindu law.
Hindu law isn’t "lex loci," meaning it’s not limited to a specific area. It’s a personal law that applies to anyone who practices Hinduism, no matter where they are. However, local laws for Hindus must be based on Hindu law.
Background and Origin
Hindu law is one of the oldest legal systems. The Vedic period is thought to be between 4000 and 1000 B.C., making Hindu law around 6000 years old. There are two views on its origin: Hindu jurists believe it’s divine, while Western jurists think it comes from long-lasting customs and practices. Hindus see the Vedas as divine revelations from God, giving the law a sacred status. Western jurists, however, argue that Hindu law is based on the customs that existed before Hindu faith emerged.
John Dawson Mayne, a British lawyer, offered a balanced view. He believed that Smritis, essential texts in Hindu law, were influenced by both divine sources and customary practices. Mayne saw Hindu law as a mix of traditional customs and legal authority from past rulers and scholars.
Sources of Hindu Law
The sources of Hindu law are divided into ancient and modern categories. The ancient sources include Srutis, Smritis, Commentaries, and Customs. Modern sources include Judicial decisions, Legislations, and Justice, equity, and good conscience.
Ancient Sources
Ancient sources are foundational for Hindu law and include written texts like the Vedas and Upanishads. These texts date back to around 1500 B.C. The ancient sources also include customs, which are practices that have been followed for a long time.
Sruti
Sruti means "what is heard" and refers to divine revelations compiled in texts known as Vedas. The Vedas are considered the most important and authoritative source of Hindu law. They are not organized as a legal code but contain references to various aspects of life and Dharma.
Vedas
The Vedas are ancient texts consisting of hymns, prayers, and rituals. They provide insight into the early life of people on the Indian subcontinent. The Vedas don’t give specific legal rules but serve as a foundation for Hindu law. The four main Vedas are Rig Veda, Yajur Veda, Sama Veda, and Atharva Veda.
Rig Veda
Rig Veda is the oldest and largest Veda, containing hymns and prayers to gods. It’s divided into ten parts called "Mandalas," which contain mantras known as "Suktas."
Yajur Veda
Yajur Veda focuses on rituals and ceremonies. It borrows some verses from Rig Veda and has principles of interpretation known as ‘Mimansa principles’ to help understand these rituals.
Sama Veda
Sama Veda is the shortest Veda, containing musical prayers and mantras for rituals. It’s known as the Veda of music.
Atharva Veda
Atharva Veda deals with magic charms and black magic. It includes hymns and mantras and is considered the oldest work on Indian medicine.
Vedangas
Vedangas are extensions of Vedas, formulated in the post-Vedic period. They include six categories: Shiksha, Kalpa, Vyakaran, Chhandas, Jyotish, and Nirukta.
Upanishads
Also known as Vedantas, Upanishads are the concluding sections of the Vedas. They contain the highest principles of Hindu philosophy and are considered the "end" of the Vedas.
Smriti
Smritis are human-origin texts remembered and recorded by sages. They focus on legal and social aspects of life and are considered authoritative in shaping Hindu law.
Kinds of Smritis
Smritis are divided into Dharmasutras and Dharmashastras. Dharmasutras are older and written in prose, while Dharmashastras are written in poetry.
Dharmasutras
Dharmasutras contain texts on duties and laws based on Vedas, decisions, and customs. Some prominent authors include Gautama, Baudhayana, and Apastamba.
Dharmashastras
Dharmashastras are more structured and systematic than Dharmasutras. They include works by authors like Manu, Yajnavalkya, and Narada.
Differences and Similarities between Manusmriti and Yajnavalkya Smriti
Both Manusmriti and Yajnavalkya Smriti are significant texts, but they have differences. Manusmriti is older and often criticized for its orthodox views, while Yajnavalkya Smriti is more progressive and logical.
Customs
Customs are essential sources of Hindu law, based on long-standing practices. They modify personal law but don’t override statutory law.
Meaning and Definition of Custom
Customs are practices that become law due to prolonged use. They must be ancient, certain, reasonable, and not against public policy.
Essentials of Custom
For a custom to be valid, it must be ancient, certain, reasonable, continuous, and not opposed to public policy or statutory law.
Kinds of Customs
There are three kinds of customs: Local, Class, and Family Customs. Local customs are limited to a specific area, Class Customs to a caste or community, and Family Customs to a particular family.
Significance of Customs
Customs can override written texts of law if proven to be widely accepted and practiced. Ancient texts and scholars recognize the binding nature of customs.
Digest and Commentaries
Digests and Commentaries harmonize and interpret Smritis to conform to prevalent customs. They don’t enact law but explain and provide evidence of customs.
Modern Sources
Modern sources include legislation, judicial decisions, and justice, equity, and good conscience. They are based on ancient principles but adapt to societal changes.
Legislations
Legislation is a prominent source of Hindu law. It consolidates and reforms ancient practices and provides uniformity across the country.
Pre-independence Legislation
Several important legislations were enacted before independence, reforming various aspects of Hindu law, such as inheritance, marriage, and property rights.
Post-independence Legislation
Post-independence legislation includes significant codifications of Hindu law, such as the Hindu Marriage Act, 1955, and the Hindu Succession Act, 1956.
Judicial Decisions
Judicial precedents are a key source of Hindu law, providing interpretations and modifications to ancient texts. They ensure the law remains relevant and fair.
Justice, Equity, and Good Conscience
These principles guide decisions in cases lacking explicit law. They ensure fairness and justice, adapting to changes in society.
Conclusion
Hindu law has evolved from ancient traditions to include modern principles, adapting to societal changes while maintaining its core values. The coordination of traditional works with modern jurisprudence ensures the continued development of Hindu law.
