Sources and Schools of Hindu Law
Sources and Schools of Hindu Law
Sources of Hindu Law
Hindu Law is a body of law that governs the personal matters of Hindus such as marriage, succession, adoption, and inheritance. It is not codified entirely and is derived from various sources, both ancient and modern. The primary sources of Hindu law are:
1. Shruti
The term means “what is heard.”
It refers to the Vedas, the most ancient and authoritative scriptures in Hinduism.
Shruti is considered divine revelation and forms the foundation of Hindu religious thought.
However, Shruti contains very limited direct rules on personal law matters.
2. Smriti
Means “what is remembered.”
These are texts composed by sages, including Dharma Shastras such as Manusmriti, Yajnavalkya Smriti, and others.
Smriti texts provide detailed rules and guidelines on conduct, including marriage, inheritance, and caste duties.
They are regarded as secondary authority to Shruti but have been used extensively in shaping Hindu law.
3. Customs (Achara)
Long-standing customs of different communities are given importance.
Customs are accepted as law if they are not opposed to the principles of justice, equity, and good conscience.
For example, the practice of joint family or partition has evolved through customs.
Courts recognize customs prevalent in different regions and castes.
4. Judicial Decisions (Case Law)
Since Hindu Law is not fully codified, judicial interpretations play a crucial role in its development.
Courts interpret ancient texts and customs to apply them in contemporary contexts.
Decisions of higher courts serve as binding precedents.
5. Legislation
Modern statutes such as the Hindu Marriage Act, 1955, Hindu Succession Act, 1956, etc., have codified aspects of Hindu law.
Legislation overrides customary or textual law when enacted.
Schools of Hindu Law
Historically, Hindu law has been divided into various schools based on regional and doctrinal differences. The major schools include:
1. Mitakshara School
Named after Vijnaneshwara’s Mitakshara, a commentary on Yajnavalkya Smriti.
Prevalent mainly in most of India except Bengal and Assam.
The Mitakshara system emphasizes the joint family system (coparcenary), where male members inherit jointly.
Property rights of male members are ancestral and absolute.
Women have limited inheritance rights but possess maintenance rights.
Case Example:
In cases involving partition of family property, courts often apply Mitakshara principles, emphasizing joint family property and coparcenary rights.
2. Dayabhaga School
Based on the work of Jimutavahana’s Dayabhaga.
Predominant in Bengal, Assam, and some parts of eastern India.
The school does not recognize the coparcenary system.
Property rights are individual, and inheritance begins only upon the death of the owner.
Women have better inheritance rights compared to Mitakshara.
Case Example:
In a dispute over inheritance in Bengal, the courts apply Dayabhaga principles, emphasizing individual ownership rather than joint family property.
3. Other Regional Schools
Brahma School
Drashtrika School
Vaiseshika School
These schools are mostly of historical interest and have largely been absorbed into the major schools or codified laws.
Case Law Illustrations:
1. K. Bhagirathamma v. K. Lakshmamma
The court held that the Mitakshara law recognizes the coparcenary system, giving male heirs an undivided interest in ancestral property.
Women’s rights were limited but could claim maintenance.
2. Smt. Sharada v. State of Madhya Pradesh
The court recognized reforms in Hindu law, especially regarding the rights of women in inheritance.
Highlighted the shift from strict adherence to schools to more equitable rights under legislation.
Summary Table:
| Source/School | Description | Key Features |
|---|---|---|
| Shruti | Vedas, divine revelation | Foundational religious texts |
| Smriti | Dharma Shastras like Manusmriti | Detailed rules on personal law |
| Customs (Achara) | Traditional practices of communities | Accepted if just and reasonable |
| Judicial Decisions | Court interpretations and precedents | Dynamic development of law |
| Legislation | Modern statutory laws | Overrides customary/textual law |
| Mitakshara School | Predominant in most of India | Joint family, coparcenary property |
| Dayabhaga School | Prevalent in Bengal and Assam | Individual ownership, inheritance |
Conclusion:
The Sources of Hindu Law combine ancient texts, customs, judicial decisions, and modern legislation, creating a flexible and evolving system. The Schools of Hindu Law, particularly Mitakshara and Dayabhaga, reflect regional variations and different concepts of property and inheritance. Case law plays an essential role in interpreting these sources and adapting Hindu law to modern contexts.
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