CUSTOM AS SOURCE OF LAW

Law is a set of rules and regulations which regulates human behavior and through which the state ensure peace and social security. According to Salmond “the law may be defined as a body of principles recognized and applied by the state in the administration of justice “.

Source means the origin . The source of law means origin of law . The source of law is classified into two main heads namely formal sources and material sources. Formal sources means the law which has authority and material sources means which supportive source to a principle law. The material sources are classified as Historical sources and Legal source. Legal sources is through which the law gets authority otherwise the legal sources has binding force. Salmond classified legal sources as legislation, precedent and Custom.

Custom is a an important source of law. Custom which is inherent in the society and it grows up with the forces inherent in society. Customary laws are laws of human actions and those actions as legal binding and adopted by court and applied as a source of law. Custom that is developed spontaneously according to circumstances. Custom is considered as transcendental law. Custom is a practice by people from generation to generation and origin of such practice is unknown. The continuous and uniformly observed practice by a family , community, tribe are regarded as custom.

To constitute custom it must be an ancient , which means traditionally followed long practice by the members of a society. Custom must be a continuous practice and break in-between can not be a Valid custom there should be always a continuous practice . The Custom must be always reasonable , moral equitable and should not be against public policy. For example there existed a practice of marrying a daughters daughter it is illegal and immoral although it was a custom in Reddiar Community of Tirunelveli District . In order to constitute a valid It must be always Leeds inability moral and custom should not be contrary to justice, Equity and should not be contrary to existing statutory law.

The two important theories which regarding transformation of custom into law are historical theory and analytical theory. According to historical theory custom derived from the common consciousness of the people Whereas this view has been criticized on By many writers. According to analytical theory Customers source of law add not law itself end custom are not positive law until their existence is recognized by the decision of the courts. Custom are of two kinds they are legal custom and conventional custom the legal custom it is recognized by law and it is enforceable by law legal custom again classified into two local custom and general custom local custom which means which prevail in particular locality and general custom which means existed everywhere without no particular local. Where as conventional custom which arises out of some expressed or implied terms such as agreement.

Custom place an important role interpretation of law in certain cases custom provide over legislation for example Hindu Marriage Act prohibits marriage between certain degree of prohibited relationships whereas if there is any custom existed and permit The usage of marriage such marriage is valid by custom. Customary laws may complete modify or repeal is statue and it can also create new law and substitute the existing statutory law the power of customarily is equal to that of the statutory 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.

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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 secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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