Primary Sources of Hindu Law and Modern Legal Framework

Hindu law is derived from a variety of sources, including ancient and modern sources.

Ancient Sources of Hindu Law

These include:

Shruti

Shruti is a sacred body of literature in Hinduism that is considered the primary source of Hindu law. The word Shruti comes from the Sanskrit word shru, which means "to hear." Shruti is believed to be the product of divine revelation and is considered to be eternal and unquestionable truth. Shruti is considered to be the central canon of Hinduism and includes the four Vedas and their embedded texts. The Vedas are considered to be a treasure of knowledge in many aspects, including spiritual, scientific, material, and cultural.

Smriti

Smriti is a Sanskrit word that means "what is remembered." It refers to written texts that are based on the traditions of virtuous people and are considered to be the testimony of people who know the Vedas.

Commentaries and Digests

These are usually written by a single scholar explaining a specific Smriti, like the Manusmriti or Yajnavalkya Smriti. Examples include "Mitakshara," which is a commentary on the Yajnavalkya Smriti. These works collect and analyze information from multiple Smritis, attempting to resolve conflicts between them. They are often considered more comprehensive than commentaries and may be referred to as "Nibandhas" in some contexts.

Custom

A custom is a rule that has been observed continuously and uniformly by a community for a long time, and has become the law in a local area, tribe, community, group, or family.

Modern Sources of Hindu Law

These include:

Legislation

Legislation is a modern source of Hindu law that refers to the codified laws created by the state legislature and passed by the Parliament of India. It is considered the strongest source of law in Indian courts and has the highest jurisdiction in the event of conflicting sources.

Judicial Decisions

Judicial decisions in Hindu law refer to the rulings made by courts in cases related to Hindu law, which are considered a significant source of modern Hindu law. Past court decisions act as precedents to guide future rulings on similar matters, based on the principle of stare decisis (to stand by decisions already made).

Equity, Justice, and Good Conscience

In Hindu law, "Equity, Justice, and Good Conscience" refers to a legal principle applied by courts when there is no existing law to govern a case. Essentially, it means judges should decide based on what is fair, just, and morally right, even if it means going beyond strict legal interpretations; it acts as a guiding principle to ensure equitable outcomes when traditional Hindu law is not applicable.

The Flexibility of Hindu Law

Hindu law is flexible and can adapt to changing needs. It is codified into four major acts: the Hindu Marriage Act, the Hindu Succession Act, the Hindu Adoptions and Maintenance Act, and the Hindu Minority and Guardianship Act.