Hindu Law

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HINDU LAW
NAME - YASH PATEL
GROUP - 20LL7A

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CONTENTS
● General characteristics of Hindu legal system
● History of its development
● The structure of Hindu law
● The sources of Hindu law

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General characteristics of Hindu legal system
● It is about 6000 years old.
● Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and
philosophical reflections on the nature of law discovered in ancient and medieval
era Indian texts.
● Hindu law has been established by the people, not for the purpose of removing any
crime or transgression from society but it was established so that the people will
follow it in order to attain salvation.
● The Hindu law is believed to have a divine origin from God Almighty and not
from the legislature.
● Persons who are not Muslim, Christian, Jew, or Parsee by religion.
● Persons who are not governed by any other religious law will be
governed by Hindu Law.

4.

History of its development
● The term "Hindu law" is a colonial construction, and
emerged after the colonial rule arrived in South Asia, and
when in 1772 it was decided by British colonial officials,
that European common law system would not be
implemented in India, that Hindus of India would be ruled
under their "Hindu law"

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STRUCTURE OF HINDU LAW
1. the 'Classical Hindu Law’
2. the 'AngloHindu Law'
3. the 'Modern Hindu Law'.

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1. The Classical Law
Classical Hindu law is a category of Hindu law (dharma) in
traditional
Hinduism, taken to begin with the transmittance of the
Vedas and ending in
1772.
Classical Hindu law was diverse in practice, varying between
locations,
vocational groups, and castes.
These laws were dictated by various corporate groups such as
merchant
leaders, heads of caste, and kings, and because of the
diverse leadership,
these laws were particular to a set place.

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2. Anglo-Hindu law
era,
Anglo-Hindu law refers to the laws enacted during the British colonial
which applied to the Hindus, Buddhists, Jains and Sikhs of British India.
The first phase of Anglo-Hindu law started in 1772, and lasted till 1864.
The second phase of Anglo-Hindu law started in 1864, and ended in
1947.
Anglo-Hindu law was expanded with a series of British parliament Acts
between 1828 and 1947, that was based on political consensus rather than
religious texts.

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3. Modern Hindu Law
Modern Hindu law refers to one of the personal law systems of India
along
with similar systems for Muslims, Sikhs, Parsis, and Christians.
This Hindu Personal Law or modern Hindu law is an extension of the
Anglo- Hindu Law developed during the British colonial period in India, which
is in
turn related to the less well-defined tradition of Classical Hindu Law.
The time frame of this period of Hindu law begins with the formal
independence of India from Great Britain on August 14, 1947, and
extends up
until the present.
There are no religious courts in India, as it is a secular nation. Rather
religious personal laws are adjudicated by the state on a case by case
basis.

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The sources of Hindu law
● The sources of Hindu law are classified into 2 types:
1. Ancient sources
Ancient sources are the source that developed the concept of Hindu law
in
ancient times. It is further classified into four categories❖ Shruti
❖ Smriti
❖ Customs
❖ Digest and commentaries
2. Modern sources
❖ Judicial decisions
❖ legislation
❖ Precedent

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Ancient sources
1. Shruti
Shruti’s are the sacred pure utterance that has been enshrined in the Vedas
and the Upanishads. They have religious nexus with a person and help him in
a way to attain the knowledge of salvation and incarnation. It is considered to
be the primitive source containing the knowledge of the law.
2. Smriti
Smritis are considered as text which has been remembered and then
interpreted by the rishis throughout the generation. There is a further
classification of the term Smrities which are as follows
Dharma Sutra (Prose)
Dharmashastras (Poetry).

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Ancient sources
3. Customs
Customs is the tradition that has been practiced in society since ancient times.
It is the type of practice that is under the continuous observation of the people
and has been followed by the people.
Further, the customs have been classified into two categories❖ Legal customs- Legal custom is those customs which are enforceable or
sanctioned by law.
❖ Conventional customs- Conventional customs are customs that are related to
the incorporation of an agreement and it is conditional.
4. Digest and commentaries
It played a very major role in developing the very concept of Hindu law. It
helped in the interpretation of the smritis. Single interpretation of the smritis
is called as a commentary while different interpretations of the smritis are
known as digestive. Dayabhaga and Mitakshara are considered to be the two
most important commentaries.

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Modern sources
1. Judicial decisions
Judicial decision is considered to be authoritative and binding. The doctrine
of precedent was established and it was applied in the cases resembling the
same facts and circumstances of a case already decided.
2. Precedent
After the establishment of British rule the hierarchy of court was establsihed.
the doctrine of precedent based on the principles of treating like cases alike
was established.
3. Legislation
The legislation is considered to be the codification of customs which plays an
essential role in expanding the concept of Hindu law. Legislations are
enacted by the parliament.

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Conclusion
● The Hindu law is believed to have a divine origin from God
Almighty. It concept was initiated for the welfare of the people.
● It is one of the most ancient law and was written in vedas and
scriptures by rishis.
● It has changed over the course of time and has been adopted from
various sources.
● These sources are ancient and modern.