Smṛti under Hindu Law
🔸 Introduction to Smṛti in Hindu Law
In Hindu jurisprudence, Smṛti is one of the primary sources of law. The term Smṛti is derived from the Sanskrit root “smṛ” meaning “to remember.” Thus, Smṛti refers to that which is remembered — in contrast to Śruti (that which is heard or revealed).
Smṛtis are secondary scriptures compiled by sages based on the teachings of the Vedas (Śruti), but they provide practical guidelines and codified laws concerning civil, moral, social, and legal conduct.
🔸 Categories of Smṛti
There are many Smṛtis, but traditionally they are grouped into three major categories:
Dharmasūtras – Early manuals of law written in prose.
Dharmashāstras – Later developed texts in verse form.
Nibandhas – Commentaries and digests written later to clarify earlier Smṛtis.
🔸 Important Smṛti Texts in Hindu Law
Manusmṛti (Manu Smṛti) – Attributed to Manu, the most authoritative and cited.
Yājñavalkya Smṛti – More refined, practical, and considered superior in legal precision.
Nārada Smṛti – Focused on procedural and judicial aspects.
Parāśara Smṛti – Often cited for rules regarding Kali Yuga.
Bṛhaspati Smṛti, Kātyāyana Smṛti, etc.
🔸 Role of Smṛti in Hindu Law
Smṛtis provide codified rules related to:
Dharma (duty)
Vyavahāra (legal procedure and law)
Prāyaścitta (penance)
These texts became the basis for customary law, and interpretations by scholars formed the Hindu legal tradition.
During the British colonial period, Smṛtis were treated as codified Hindu Law in matters like marriage, succession, inheritance, etc.
🔸 Principles of Interpretation of Smṛti
Where there is a conflict between different Smṛtis, Yājñavalkya is generally preferred for legal matters due to its clarity.
Custom (Ācāra) prevails over Smṛti if there is a conflict (as accepted by many Smṛtis themselves).
Later commentaries and digests (like Mitākṣarā, Dāyabhāga) clarified the Smṛtis for regional application.
🔸 Authority of Smṛti Recognized in Case Law
Although ancient in origin, the authority of Smṛti was recognized by colonial and post-colonial Indian courts while interpreting Hindu law before codification.
🔹 Case Law 1: Collector of Madura v. Mootoo Ramalinga Sethupathi (1868)
Citation: (1868) 12 MIA 397
Facts: Involved the right of adoption and interpretation of Hindu law principles.
Held: Privy Council emphasized the application of Smṛti principles (specifically, texts of Manu and Yājñavalkya) as interpreted by commentators like Mitākṣarā.
Significance: Recognized Smṛti as a source of Hindu law when not overridden by clear custom.
🔹 Case Law 2: Vellaiyappa Chettiar v. Natarajan (1914)
Held: Where there is a conflict between different Smṛti writers, courts should follow the interpretation that has been customarily accepted and consistently applied in the community.
🔹 Case Law 3: Gokul Chand v. Hukum Chand Nath Mal (1907)
Citation: ILR 29 All 24
Held: Reinforced that Smṛtis and commentaries must be read in the light of prevailing custom, and that custom can override the written law in Smṛtis.
🔸 Importance of Smṛti in Modern Hindu Law
While modern Hindu law is largely codified through statutes like the Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956, Smṛti still holds academic, historical, and interpretative value.
Courts may still refer to Smṛtis when:
A codified law is silent, or
There is need to interpret uncodified customary practices.
🔸 Conclusion
Smṛti forms a vital source of traditional Hindu law, serving as the codified memory of ancient sages. They shaped the socio-legal fabric of ancient India and continue to influence Hindu personal laws. Courts have historically acknowledged the authority of Smṛti, especially when consistent with custom and reason.
In summary:
| Aspect | Detail |
|---|---|
| Meaning | "That which is remembered" |
| Nature | Secondary to Vedas; codified law |
| Examples | Manusmṛti, Yājñavalkya Smṛti, Nārada Smṛti |
| Role | Civil and legal rules – family, inheritance, penalties |
| Legal Status | Recognized by British courts and early Indian judiciary |
| Modern Relevance | Interpretative aid in absence of statute or to understand custom |
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