
Table of Contents
SOURCES OF HINDU LAW
Introduction:
- The origin of Hindu law is nearly 6000 years old.
- It is believed that Hindu law is a divine law. It revealed to the people by God through Vedas.
- The word Hindu first appeared in the old Persian language derived from the Sanskrit word Sindu.
- Hindu law is a set of personal laws governing the social conditions of Hindus, i.e., marriage, divorce, adoption, guardianship, etc.
The sources of Hindu law can be classified under the following two heads:
Ancient                                                                              Â
- Shrutis:
- What is being heard?
- Derived from the root word “shru,” it means ‘to hear.’
- The synonym of shruti is Veda, and the root of the word Veda is ‘vid’ means ‘to know.
- Vedas contains theories about sacrifices, rituals, customs.
The Shruti contains four Vedas, six verandas, and eighteen Upanishads. The for Vedas are known as-
- The Rig- Veda
- The Sama- Veda
- The Yajur -Veda
- The Atharva- Veda
- Shrutis are the primary or foremost source of Hindu law.
- According to theory, Rushis and Munis have acquired complete knowledge of all the Vedas.
2. Smirtis:
- What is being remembered?
- Derived from root ‘smri’ means to remember.
- Smirti leads to teaching and studying Vedas.
- Smirtis are the ideas of sages, munis, rushis.
- There are two kinds of smirtis:
- Dharmashastras {composed in poetry (shlokas)}.
- Dharmasutaras (written in prose, in short maxims).
3. Digest and Commentaries:
- Explain a particular Smriti is called commentary.
- Digests were mainly written after explained material from all Smriti.
- The duty to analyze the principle of law propounded by Shrutis and smritis are presented in an organized manner and is performed by digest counters and commentators.
4. Customs:
- The third source of Law in regard.
- It has been followed hundreds of years.
- It is the single contribution of the historical school of jurisprudence.
- Narad Smriti says that customs are powerful they are above the religion.
- Indian court recognize three type of courts:
- Local: in particular religion or locality.
- Class: particular class
- Family: binding upon the members of the society
- A valid custom should be:
- Continuous
- Ancient
- Certain
- Reasonable
- In public interest
- Lawful

Modern
i. Equity, Justice and Good Conscience:
- Equity means fairness in dealing.
- The justice can only be derived through Equity and good conscience.
In Guru Mukh V. kamala bai [ 1951]It was held that where there is a lack of rules off Hindu law over any subject, the court should pronounce their decision based on Equity, justice, and good conscience.
ii. Precedent:
- Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarities.
- Doctrine of judicial precedent is based on the principle of stare decisis (to stand by the decided).
- According to article 141 of the Indian constitution, the Supreme court’s judgment is binding on all courts.
iii. Legislation:
- Legislations are the act of parliament.
- The Hindu laws are modified and supplemented in certain respect by the acts of the legislation.