SOURCES OF HINDU LAW.

Hindu law, which refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. It is regarded that the origin of Hindu law is based on religious text like Vedas, upanishads, the Geeta.Hindu law is a set of personal laws governing the social conditions of Hindus (such as marriage and divorce, adoption, inheritance, minority and guardianship, family matters.

1. Ancient Sources – this can again further be classified into four types:-

A) SHRUTI- This basically means that which has been heard. The word shruti is derived from the word “shru” which means ‘to hear’. Shrutis are considered to be the major source of Hindu law. According to Hindu law, Shrutis include four Vedas, namely, Rigveda, Samveda, Yajurveda, Atharveda. The brahmins used to pronounce what is written in these Vedas to the people. Vedas gives, rights and duties to the people, forms of marriage, role of son, but Vedas were not given the title of clear laws.

B) SMRITIES- The word smriti has been derieved from the word “smri”meaning to remember. The basis of Smrities are Shrutis but in the human works. Smritis are considered as text which has been recalled and afterward deciphered by the rishis all through the age. There is a further characterization of the term Smrities which are Dharamshstras that is poetry and dharma sutra which is prose.

C) DIGEST AND COMMENTARIES-The evolution of many schools of Hindu law has been possible on the account of digest and commentaries. The third antiquated wellspring of Hindu law is analyses and digestives. Discourses and digestives have extended the extent of Hindu law. It assumed a significant part in building up the very idea of Hindu law. It helped in the understanding of the smritis. Single translation of the smritis is called as a discourse while various understandings of the smritis is known as stomach related. Dayabhaga and Mitakshara are viewed as the two most significant critiques.

D) 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.  Custom is the principle source but stands next in position to Shrutis and Smrities. Essential points which constitute a custom are:- A customs must be continuous in practice, A custom should not be vague or ambiguous, A  custom must have time antiquity, There must be a complete observation of the custom.

MODERN SOURCES- These are further classified as:-

A) JUDICIAL DECISIONS-

Legal choices are viewed as the most significant element of present day sources. Legal choice is viewed as definitive and official. The regulation of point of reference was built up and it was applied in the cases looking like similar realities and conditions of a case previously chose.

B.) JUSTICE EQUITY AND GOOD CONSCIENCE. –

Equity value and great still, small voice is the fundamental standard of law. This standard of law applies when a current law doesn’t have any significant bearing for a situation under the watchful eye of the court chooses the specific issue by applying its sanity and the idea of equity value and great soul.

This standard is viewed as the most attractive and sensible choice accessible to an individual.

LEGISLATION- The enactment is viewed as the most significant wellspring of Hindu law. It is considered as a base for the development of Hindu law in the advanced world. It has been expressed that so as to meet the new states of the general public it turned into a need to systematize the law.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

·

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.