what are the different sources of hindu law

1. By:
Rashmi Dubey
Faculty of Law

2. MEANING AND DEFINITION
 Sources means “basis from which law is evolved”. Sources of Law’ is a basis, which enables
the courts to interpret law”.
 Keeton defines ‘source’ as “the material out of which law is eventually fashioned through the
activity of judges”. Hindu Law is about 6000 years old and the study of sources of Hindu Law
is the study of its various phases of development to meet the changing needs. Hindus
considered vedas as the material source of all knowledge. Hindu law is not only divine, but
also sacrosanct, inviolable and unchangeable. It cannot be questioned, challenged or violated.

3. CLASSIFICATION OF SOURCES OF
HINDU LAW
 The sources of Hindu Law may be classified under the following heads :
1. Ancient or Traditional Sources –
i) Sruti (Vedas)
ii) Smritis
iii) Digest and Commentaries; and
iv) Custom
2. Modern Sources –
i) Equity, Justice and Good Conscience;
ii) Precedent; and
iii) Legislation.

4. …………….Continued
 Ancient or Traditional Sources –The ancient Hindu legal system recognized the following four sources:-
i) Sruti (Vedas): The primary and important source of Hindu Law is Sruti or Vedas. The four Vedas are
the foundation-head of Hindu religion and law. The word ‘Sruti’ literally means “what was heard”. In
other words,“what is heard by Rishis(sages) from God is Sruti or Veda”. ‘Veda’ means knowledge or to
know. There are four vedas namely the Rig, the Yajur,the Sama and the Atharva. Vedas contains the
voice of God. These Vedas contain the sacred lore and esoteric knowledge of the Hindus and came into
existence long before 4000-1000 B.C.
ii) Smritis: Next to vedas, Smritis are the most important source of Hindu Law. The word ‘smriti’ literally
means “what has been remembered”. Sruti(Vedas) represent direct words of God as heard by the sages.
The early smritis were termed as Dharma Sutras(800-200B.C.).They were mostly in prose form and
were written by the teachers expounding Vedas for the sake of their students. Gautama,
Boudhayana,Apasthamba, Vashishta, Vishnu and Harita are the main Dharma Sutra Karas. The later
Smritis were termed as Dharma Sashtras which are most systematic expositions than Dharm Sutras. The
subject matter in these Smritis is divided into Achara,Vyavahara and Prayaschitta. The principles of law
are mostly covered under the part, Vyavahara. Manu, Narada and Yagnavalkya are the most important
smritikars.Manusmriti is the oldest smruti and is of great importance and is considered as a ‘reservoir of

5. ……….Continued