Significance of hindu law

• Ancient law
• Divine origin
• Derived from vedas, puranas etc.
• Branch of dharma (moral, religious and
political)
• It covers all the system of law civil religious
and moral
 Sources of hindu law
Sruti (Heard)-
• rig veda, sama veda , yajur veda and atharva veda, six vedangas
(appendages) and eighteen upanishads
Smriti (Remembered)-
• rishis handed down by ages to ages. It seems that the earliest smriti is
manusmriti
• The popular smritis are manu ,yajnavalkya and narada
• If the text of smritis conflict with vedas the former will be disregarded.
• In shyam sundar prasad v State of Bihar(1980), the SC observed that if
there is divergence of opinion among smritis, the court would consult
the prevailing practice among the people , while deciding the case. If
there is a clear usage to the contrary, the smriti must yield to such usage.
Commentaries on the smrities(Nibandhas)
• Interpretation of smritis done by commentators are known as nibandhas
• Commentators have modifies the original texts in order to bring them in line
with local custom
• The authority of commentators varied in different part giving rise to different
schools . Most popularly mitakshara and dayabaga
Puranas
• Puranas were called as the fifth vedas
• Illustrate the law by instances
• It come somewhere in between sruti and smriti or after them
Judicial decisions/Precedant
• This came as a source after British invasion
• Applicable to personal laws like marriage, adoption, inheritance and so on
• Modern source
• Legislation
• Hindu law committee was appointed in 1941 recommended for codification
• For example Hindu marriage Act, 1955, hindu succession Act 1956, etc. followed
with many amendments
• Justice equity and good conscience
• What would be most fair and equitable in the opinion of the judge would be done in
a particular case.
• In Gurunath v Kamalabai , 1955, the SC held that in the absence of any clear shastric
text the courts have the authority to decide cases on principles of justice equity and
good conscience
• Custom and usage- habitual course of conduct generally observed by the community
• One of the important source
• Under the hindu law the proof of usage will out weigh the written text of law
 Difference
Mitakshara
• It is a running commentary on
the code of yagnavalkya in 11th
century.
• It is written by vijananeswar
• It prevails in all part of India
except Bengal
• It is an orthodox school
• It is divided into Banaras
school, Mithila School, Dravida
school, Maharashtra or Bombay
School
Dayabagha
• It is not a commentary on a
particular code but a digest of
all codes.
• It is written by jimuthavahana
in 12th century
• Dayabagha is mainly followed
in Bengal
• It can be called as the reformist
school
• It is not divided into sub
schools
 Hindu Marriage
• Whether a sacrament or a civil contract
• Religious necessity