Introduction
Hindu law is an ancient legal system. India is a country with a rich diversity of people belonging to different religions. Given the varying religious beliefs, a unified code of law may not always cater to the sentiments of each religion. As a result, the concept of personal law has been introduced. Personal law aims to provide a legal framework that takes into account the religious customs and practices of different communities and ensures that they are not compromised. It is a way to ensure that the legal system is sensitive to the diverse cultural fabric of India and that every citizen is treated with fairness and respect.
Hindu law is an ancient legal and moral code system that rules the lives and behavior of Hindus. Hindus are obligated to follow rules and act accordingly. It guides Hindus in their personal, social, and religious conduct. Hindu law has been rooted in the ancient texts called the Vedas. In this blog post, we will delve into the intricacies of Hindu law, exploring its sources, principles, significance, and relevance in today’s modern world in different parts.
Sources of Hindu Law
- Sruti
Sruti means which was heard. The srutis are believed to contain the very own words of gods. It contains the divine words of gods to be found in 4 Vedas, 6 Vedangas, and the 18 Upanishads. They are mostly religious in character. That is why we find it very little practicable law in the modern time. - Smritis
Smritis means what was remembered. Both srutis and smritis contain the very words of god which were heard and remembered and handed down by Rishis from generation to generation. Manu is the earliest smriti. Manu, Yajnavalkya, and Narada are the main smritis. Although smritis deals with rules of morality and religion. - Commentaries
Commentaries are also called Nibandhas. Nibandhas is the interpretation put on the smritis by various commentators, such commentators have modified the original text according to the needs of the current world. - Puranas
Puranas are codes that explain the law by giving examples of its application. - Judicial decisions
Judicial decisions are a source of Hindu law because the judge is supposed to interpret and explain the existing law, and not create a new law. Judicial precedents become necessary and useful guides in the application of Hindu law. - Legislation
A very large portion of Hindu law has been codified and is mainly to be found in the following four acts: 1) The Hindu Marriage Act, 1955 2) The Hindu Minority and Guardianship Act, 1954 3) The Hindu Succession Act, 1956 4) Hindu Adoption and Maintenance act. - Justice, equity, and good conscience
In the absence of any specified law and conflicts between smritis and sruti, the principle of justice, equity, and good conscience would be applied, in other words, what would be most fair and equitable in the opinion of the judge would be done in a particular case. - Customs
Customs are defined as rules that have been followed for a long time and have obtained the status of obligatory for Hindus. The customs must be reasonable, and it should not be against any law of the country.
Types of customs
- Local customs
In Hindu culture, customs play an important role in shaping the way of life for its people. Different types of customs are followed in the Hindu community, including local, general, and family customs. Local customs are specific to a particular geographical area and are binding on the people of that area. These customs are usually passed down from generation to generation and are deeply ingrained in the local culture and traditions. - General customs
On the other hand, general customs are practices that are followed throughout the country. These customs are not specific to any particular region or community and are prevalent among all Hindus. Examples of general customs include the use of ‘Namaste’ as a way to greet people and ‘Tilak’ which is a ritual remark that is a sign of blessings or auspiciousness. - Family customs
Family customs, as the name suggests, are typically followed only by a particular family. These customs are not obligatory for anyone outside the family to follow. These customs are unique to each family and may include specific rituals, traditions, or practices that are passed down from generation to generation. They are an important part of family identity and are often accompanied by stories and legends that explain their significance.
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