Hindu Law is one of the most ancient and complex systems of personal law in the world. Its foundations lie not merely in statutes, but in religious texts, customs, judicial interpretation, and principles of equity that have evolved over centuries.
Meaning and Concept of Dharma
The concept of Dharma occupies a central place in Hindu jurisprudence. It has a much wider connotation than the modern term “law” and includes moral, social, and legal duties. As explained by Prof. P.V. Kane in History of Dharma Shastras , Dharma is dynamic and contextual, adapting to time and social conditions. Even English jurists preferred the term “Dharma” because of its broader normative significance.
Classical Sources of Hindu Law
Traditionally, the sources of Hindu Law are derived from ancient texts and practices. The classical sources are four in number:
Vedas
The word Veda means “revelation”. The Vedas are considered the earliest and most authoritative source of Hindu Law. They were compiled and systematised by Vedavyasa and are classified into:
Rigveda
Yajurveda
Samaveda
Atharvaveda
Each Veda consists of Samhitas (mantras) and Brahmanas (theological explanations).
Although the Vedas do not directly lay down legal rules, they contain the philosophical foundations of Dharma that guided later legal development.
Smritis
Smriti literally means “that which is remembered”. These texts represent the distilled wisdom of sages, passed orally from generation to generation.
Dharma Sutras and Smritis
Smritis expanded and systematised Vedic principles into rules governing rituals, domestic life, and legal relations.
Important law-givers include Manu, Yajnavalkya, Narada, Angiras, Yama, Apastamba, Brihaspati, Gautama, and Vasistha.
Among them, Manu Smriti holds a position of paramount authority. It is both a legal code and a work of philosophical speculation.
Commentaries and Digests (Bhashyas)
Smritis were often ambiguous, necessitating interpretation. This led to authoritative commentaries such as: Mitakshara by Vijnaneshwara Dayabhaga by Jimutavahana
These texts gave rise to the two major schools of Hindu Law:
Mitakshara and Dayabhaga.
Other important works include:
Viramitrodaya by Mitra Misra,
Vivada Ratnakara by Chandeshwara
Smriti Chandrika
Vyavahara Mayukha by Nilakantha
Custom (Sadachara) as a Source of Hindu Law
Custom, also known as Sadachara, refers to long-standing practices followed by virtuous persons. Unlike written law, customs evolved from social acceptance.
A valid custom must:
Be ancient and continuous
Be certain and reasonable
Not oppose morality, justice, equity, or good conscience
Be consistently observed
The Supreme Court laid down these requirements in Saraswathi Ammal v. Jagadambal [VERIFY, Supreme Court of India].
Custom may be:
Local
Regional
Family-specific
If these conditions are satisfied, courts recognise custom as law.
Ramlinga Case and the Authority of Custom
In Collector of Madurai v. Muttu Ramalinga Sethupathi (Ramnad Case) [1868, Privy Council], it was held that:
“Under the Hindu system, clear proof of usage would outweigh the written texts of law.”
The case concerned the validity of an adoption made after the death of the adoptive father.
The Privy Council upheld the adoption based on established custom, even though it conflicted with textual law.
This case firmly established the supremacy of proven custom in Hindu Law.
Equity, Justice, and Good Conscience
Equity and good conscience function as supplementary sources of Hindu Law. They do not operate independently but are applied where textual law or custom is silent.
Courts rely on these principles to ensure fairness and to prevent injustice, especially in evolving social contexts. This source has largely remained within judicial discretion.
Judicial Precedents
Judicial decisions form an important modern source of Hindu Law. Though of recent origin, precedents have contributed significantly to clarifying ambiguities and adapting ancient principles to contemporary realities.
Decisions of the Supreme Court of India and High Courts are binding and have shaped areas such as marriage, adoption, succession, and maintenance.
Legislation as a Source of Hindu Law
Legislation is the most important modern source of Hindu Law. Statutory reforms have brought transformative changes by codifying and modernising traditional principles.
Pre-Independence Legislations
Caste Disabilities Removal Act, 1850
Hindu Widows’ Remarriage Act, 1856
Child Marriage Restraint Act, 1929
Special Marriage Act, 1954
These enactments removed social disabilities and reformed personal relations.
Post-Independence Codification
The following statutes revolutionised Hindu Law:
Hindu Marriage Act, 1955
Hindu Adoptions and Maintenance Act, 1956
Hindu Minority and Guardianship Act, 1956
Hindu Succession Act, 1956
These laws replaced archaic doctrines with progressive, uniform principles and ensured constitutional values of equality and justice.
Conclusion
Hindu Law is not derived from a single source but is the product of centuries of evolution. From sacred revelations and remembered wisdom to customs, judicial precedents, and legislation, each source plays a vital role. The flexibility of Hindu Law lies in its ability to adapt while remaining rooted in Dharma, making it a unique and enduring legal system.