Hindu law is known as Dharma, which encompasses all aspects of life, including conduct and customs with the force of law. Dharma has governed Hindu social and moral life for over 5,000 years through harmonizing diverse cultural elements. Hindu law is based on immemorial custom that has been modified by Brahmins to suit religious preferences. Hindus include those born to Hindu parents or who convert, generally accepting Vedas and allowing worship of multiple gods. Hindu law applies to Hindus by birth, offshoots of Hinduism, and those not Muslim, Christian, Parsi, or Jewish.
5. z Introduction of the Hindu Law
Concept of Dharma
Hindu Law is a body of principles or rules called 'Dharma'.
Dharma according to Hindu texts embraces everything in life.
According to the Hindus, 'Dharma' includes not only what is
known as law in the modern sense of the term but all rules of
good and proper human conduct. Dharma is used to mean
justice what is right in a given circumstance, moral, religious,
pious or righteous conduct, being helpful to living beings and
things, duty, law and usage or custom having in the force of
law and also a valid Rajashasana
6. z Origin of Hindu law
The Hindu system as modified through centuries
has been in existence for over five thousand years
and has continued to govern the social and moral
patterns of Hindu life with harmonizing the diverse
elements of Hindu cultural life. Magne says, “Hindu
law has the oldest pedigree of any known system of
Jurisprudence and even now it shows no signs of
decrepitude”.
7. z Nature and scope of Hindu Law
Hindu law, though believed to be of divine origin, is
based essentially on immemorial custom and many of
the acts of the people which were purely of a secular
nature. But the secular nature of the acts have been
modified to suit the religious preferences of a Brahmin
community. With a desire to promote the special
objects of religion or policy, they have used their
intellectual superiority and religious influence to mold
the customs of the people.
8. z Who are Hindus?
The term ‘Hindus denotes all those persons who profess
Hindu religion either by birth from Hindu parents or by
conversion to Hindu faith. In Yagnapurus dasji v. Muldas [AIR
1966 SC 1119], the Supreme Court accepted the working
formula evolved by Tilak regarding Hindu religion that
“acceptance of vedas’ with reverence, recognition of the fact
that the number of Gods to be worshiped at large, that indeed
is the distinguishing feature of Hindu religion.
9. z
In Shastri v Muldas SC AIR 1961, SC has held that various sub sects of
Hindus such as Swaminarayan, Satsangis, Arya Samajis are also
Hindus by religion because they follow the same basic concept of Hindu
Philosophy. Converts and Reconverts are also Hindus.
If only one parent is a Hindu, the person can be a Hindu if he/she has
been raised as a Hindu. In Sapna vs State of kerala. Kerala HC, the son
of Hindu father and Christian mother was held to be a Christian
To whom Hindu Law apply
1. Hindus by birth
2. Off shoots of Hinduism
3. Persons who are not Muslims, Christians, Parsis or Jews