2. Introduction to Hindu Law
• Once the Constitution recognized personal
laws u/art 25 the rights and obligations of
Hindu are determined by Hindu law.
• It is a traditional law also called religious law.
• It is a positive law based on most ancient
pedigree of known system of jurisprudence.
• It is developed on various sources which can
be classified as ancient and modern sources.
3. SOURCES OF Hindu law
• Ancient sources
• Shruti – The term ‘Shru’ means to hear and
refer to four Vedas.
• The vedas contained Hymens ( Praising the
god) and Mantras which are based upon the
thoughts of the divine light
• The vedas reflected the social conditions of
Hindus as an advanced civilised society.
4. Ancient sources
• Smriti - The second source of Hindu Law after the Vedas.
• Authored by great Rishis or sages known as smiritikars.
(Yajnavalkya- one of the prominent smritikar)
• Smritis are of two kinds – dharmshastras and
dharmsutras.
• they contained various rules which can be divide in to
three parts –
• Achar
• Vyavhar
• Substantive laws
• Eg. Manu smriti, Yagnyavalkya Smriti.
5. Ancient sources
• Digest and Commentaries
• Vedas were not accessible to all and hence commentaries became one
of the major source.
• With the gradual development of society led to many complex
situations and multifaceted problems.
• Thus codification of law and rules became necessary.
• The commentaries and digest proved to be of great help.
• Many commentaries based on Manu smriti were prevalant .
• One of the practical examples is Mitakshara, Dayabhaga.
6. Ancient Sources
• Customs
• One of the most significant sources of hindu
law
• they are said to be parent of all the laws in a
society.
• The lawmakers often relied on customs and
usages.
• any law which contradicted customs was
rendered unsuccessful.
7. Customs…
• In early development of Hindu law customs
were accepted as an embodiment of
principles and rules prescribed by sacred
traditions.
• Many customs have found place in
contemporary laws.
• However a custom needs to be tested on the
tests of validity.
8. Essentials of a valid custom
• Custom must be ancient.
• It must be reasonable.
• It must be certain.
• It must be Uniform.
• Obligatory and observed continuously without
interruption and,
• It should not be immoral or opposed to public
policy or written rule of law or a statute unless
and until it is expressly saved by the statute.
• And it should be construed strictly.
9. Example of Customs
• Marriage
• adoption/Dattak vidhana
• Triple Talaq
• Widowhood
• Child Marriage
• Sati Practices
• Female Genital mutilation.
10. MODERN SOURCES
• JUSTICE, EQUITY & GOOD CONSCIENCE
• LEGISLATIONS
• PRECEDENTS
• Justice , Equity & Good Conscience
• They are natural law principles.
• Also called as secondary source of law.
• Constitution embodies them under the preamble
11. • Equity means fairness in dealings. True justice can
only be delivered through equity and good
conscience.
• In absence of any written or specific law these
principles are to be applied in any legal dispute..
• The Indian courts and legal system has broadly
incorporated these principles.
• These principles have made their way in our legal
system form 18th century and are considered as
modern source of law.
• the courts did applied them under the express
charters of British Parliament
12. • The supreme court has also applied this in the
case of Gurunath v. Kamlabai(1951)
• LEGISLATIONS
• Legislations are playing profound role in the
development as source of law.
• Legislation is a concrete, easily accessible,
ascertainable and authoritative source of law.
• During British period as different parts of India
were subject to diverse rules and practices, the
British Government was initially hesitant to
legislate on the personal matters of Indians.
13. • But gradually they stared making legislations
with a cautious approach.
• Few examples are ‘The Caste Disabilities
Removal Act, 1850’
• The Hindu Widows’ Remarriage Act, 1856
• The Indian Succession Act, 1865
• Special Marriage Act, 1872.etc.
• With the need of clarity and codification
Hindu law became necessary and to a large
extent has now been codified through specific
legislations.
14. • Precedents
• Also Known as judicial precedents.
• After the establishment of British rule, the
hierarchy of Courts was established.
• The doctrine of precedent based on the principle
of treating like cases alike was established
• Even today, the decisions of Privy Council are
binding on all the lower Courts in India except
where they have been modified or altered by the
Supreme Court , whose decisions are binding on
all the Courts except for itself.(Art. 141)
