Sources of Hindu Law

1. What is the relevancy of ancient sources of Hindu law in modern

times/current societies

2. What is the importance of ancient sources in Hindu law/ family

law.
Sources of Hindu Law

According to Hindu orthodox view there was an

inseparable relationship between law and Dharma.
The sources of Dharma and law were common.
Manu has accordingly described four sources of
Dharma which are the sources of law also.

“Vedas, Smritis, approved usages and what is agreeable

to one’s conscience are the four direct evidence of
Dharma”, i.e. law.
……Manu
 Sources

Ancient Sources Modern Sources

•Sruti Judicial Decisions

•Smrities Legislations
•Commentaries Justice Equity &
•Digest Good Conscience
•Customs
 Shrutis(Vedas)
• The word Shruti has been derived from the
verb”Shru”which means “to hear”.
• Shruti stands for what has been heard.
• It is generally believed that the Shrutis contain
the words of God which came down to us
through the seers and sages.
• Rigveda: Hymns and songs in praise
of the forces of nature
• Yajurveda: contains rituals
• Samveda: Prayers-mantras
• Atharvaveda: Magic,spell,etc…
• Rigveda is first and foremost among the Shrutis
for the knowledge of Law.
• It comprehensively deals with the duty of the
king.
• It contains a detail description of law which the
king shall have to follow in the administration of
justice. The king was required to punish the
offenders and to uphold the law.
• Among Vedas Rigveda distinguishes itself for its
jurisprudential value.
 Note
• The Veda contains only the fundamental
principles of Hindu law and it must be
remembered that the Hindu law
prevailing at present amongst Hindus is
not exactly the same as enjoined by the
vedas.
• The rules of law found in them are stray
and not precise.
Smritis :

Prose & Poetry Style

Dharma Sutras : Gautama, Vasistha, Vishnu, and

Harita

Dharma Shashtras : Manu, Yajnyavalya, Narad,

Vrihaspati, Katyayana, Vyas
Commentaries and Digest

+ Records of Traditional Customs

++ Explained, enlarged the tradition recorded in smiritis.
Period 700-1700 AD

+++ Digest : Shifting the trends in writing from particular

smiriti
Principal Commentaries

Dayabhag : jimutavahana
Mitakshara: Vijnaneshwara
Vivada Ratnakara: Chandreshwara
Dayatattwa: Raghunandan
Smiriti Chandrika: Devananda Bhatta
Viramitrodaya: Mitra Mishra
Custom

Narad wrote in Narad smiriti : Custom

decides every thing and over
overrules the sacred law (Vyavharo hi
balwan dharamstenabahite)
What is custom
Sec 3(a) Hindu Marriage Act
the expression "custom" and "usage" signify any rule
which, having been continuously and uniformally
observed for a long time, has obtained the force of
law among Hindus in any local area, tribe, community,
group or family:

Kinds of Customs (3)

-Local
-Class
-Family
Essentials of Customs

-Ancient
-Invariable and contin.
-Clear evidence
-Reasonable
-Must not be opposed to morality/public policy
-Must not forbidden by any enactment of legislation
Judicial Decisions

Legislation