Sources of Hindu Law: Hindu Law is the system of personal laws that apply to Hindus. It is rooted in a large part of historical legal systems and religious texts. This knowledge will also allow us to understand the basic principles upon which Hindu legal traditions have evolved, and how they incrementally changed over time.
Legislative Enactments: Statutory Laws
- Hindu Minority and Guardianship Act, 1956: The Hindu Minority and Guardianship Act is another important law about the minority of Hindu minors. The Act sets forth the rights and duties of minors, appointment powers given to guardians as well as excitement in terms of their welfare(presumably medical care) and property.
- Hindu Adoption and Maintenance Act, 1956: The Hindu Adoption and Maintenance Act: This is one of the important legislative enactments concerning adoption among Hindus, dealing with both adoption as well maintenance rights concerning them. It highlights the principles and mechanisms of adoption, the duties and rights of adoptive parents as well as adopted children & maintenance rights of Hindu women/children /aged parents, etc.
- Customary Laws: Hindus also adhere to customary laws that have been codified and accepted by local laws in some parts of India. In certain states, such as Goa, Hindus are subject to the Goa Family Law, which is derived from Portuguese civil law and covers issues about marriage, divorce, inheritance, and succession.
- Hindu Marriage Act, 1955: The Hindu Marriage Act is a key legislation regulating solemnization, registration of marriage, and divorce in Hindus, Buddhists, Jains, and Sikhs. Such law provides for a condition that must be complied with before Hindu marriage can become accepted as valid, the rights and obligations of such partners within their bond of matrimony, grounds for judicial separation On divorce. The Act also covers issues like child custody, maintenance, and marital property rights.
- Hindu Succession Act, 1956: One important piece of legislation that controls property succession and inheritance among Hindus, Buddhists, Jains, and Sikhs is the Hindu Succession Act. It outlines the laws governing testamentary succession, which is determined by a valid will, and intestate succession, which is determined in the event of death without a valid will. The Act also establishes guidelines for joint family property, coparcenary rights, and the rights of female heirs.
Sources of Hindu Law
I. Ancient Sources
- Shruti
- Smriti
- Digests Commentaries and
- Custom.
II. Modern Sources
- Justice, equity, and good conscience
- Precedent, and
- Legislation.
Ancient Sources
- Ancient Texts: Vedas, Smritis, and Dharmashastras
- Vedas (Shrutis): The oldest and holiest books in Hinduism are the Vedas. They are regarded as the cornerstone of Hindu law and are thought to have divine origins. The Rigveda, Yajurveda, Samaveda, and Atharvaveda are the four primary texts that make up the Vedas. They offer advice on people’s moral, social, and religious obligations in addition to hymns, rituals, and prayers.
- Dharmashastras: Treatises on dharma, the moral and ethical code that regulates people’s behaviour, are known as dharmashastras. They are regarded as significant sources of Hindu law and offer rules on moral and social obligations. Manavadharmashastra, Parashara Smriti, and Brihaspatismriti are a few of the well-known Dharmashastras.
- Smritis: Smritis are secondary texts of Hinduism that explain and expand the ideas presented in the Vedas. These are books which give rules for the society, how to maintain relationships with each other and they all were written by wise men only. Three most popular Smritis, taken as very important for their contribution in the source of Hindu law: Manusmriti Yajnavalkya Smriti Narada Smrit This includes a wide variety of subjects such as marriage, inheritance, property rights and religious customs to name just a few.
- Digests and commentaries: In India pious Hindu law is likewise founded on digests and commentaries. These secondary sources provide explanation, interpretation and comment on the ancient texts, traditions and statutory laws related to Hindu personal law. The digests are abridgements of the Roman laws as interpreted through a long course of development, and much historical matter was preserved by this process.Part loadData. Authored by the legally trained, these collections provide an accountant of Hindu law in a systematic and structured fashion. On the contrary, commentaries are fine works that contain in depth studies, interpretations and philosophic insight on legal doctrines or custom of Hindu law.
- Customs: Local and Regional Practices: Since customs represent the social, cultural, and religious practices that Hindus in various parts of India follow, they are a significant source of Hindu law. Long-standing customs that the community has acknowledged and adhered to for a significant amount of time serve as the foundation for customary law. When there are no explicit provisions in the scriptures or laws, customary law is applied and is acknowledged as a legitimate source of Hindu law.
India has a diverse culture and customs are largely dependent on caste, geographical location, climate conditions & religious beliefs. For example, a city in South India might have separate customs from that of any rural village in the North. Several common customs including marriage, succession, adoption, and religious rituals are all bases on which Hindu law is derived.
Modern Sources
- Justice, Equity, and Good Conscience
- Equitable treatment is synonymous with equity, and preserving impartiality is a major component of modern legal systems. Justice, equity, and good conscience are the cornerstones of this legal theory.
- The concepts of justice, equity, and good conscience govern situations in which the ancient sources fail to explain.
- The Supreme Court ruled in Gurunath v. Kamalabai (1951) that judges have the power to decide cases based on the principles of justice, equity, and good conscience when there is no existing Hindu law.
- Legislation
- Another contemporary source of Hindu law is legislation, sometimes referred to as the codified form of law.
- Different laws and customs were in place in various regions of the nation before legislative enactments.
- In addition to achieving legal uniformity, legislation becomes essential to stop cruel and illogical behavior.
- Judicial Precedent
- Another inseparable source of Hindu law is judicial precedents.
- “Precedent” refers to a lower court’s decision to follow a higher court’s ruling when it concerns a common legal issue.
- All Indian courts must abide by the Supreme Court’s rulings, while High Court rulings unless they have been changed or amended by the Supreme Court, set precedents for all courts in their states.
- When legislation is silent on a significant issue, the courts clarify the law and provide insight.
Conclusion
Sources of Hindu Law, Hindu law is a complex system with roots in ancient writings, religious traditions, and local customs. Together, these sources influence the legal rules that control Hindu personal matters, such as inheritance, guardianship, and marriage. A thorough understanding of the changing underpinnings and applications of Hindu law can be obtained by comprehending these sources.
