Brief Overview of Sources of Hindu Law

 

INTRODUCTION

 

Today, I will talk about the case of Arunachala Gounder (dead) by LRs. v. Ponnusamy & Others, Civil Appeal No. 6659 of 2011, wherein the Hon’ble Supreme Court discussed the various sources of the Hindu Law. In the present post, I will simply try to provide a brief summary of the sources of Hindu Law and will not be going into the details.

 

VEDAS, SHRUTIS AND SMRITIS

 

According to the Court, “the exact origin of Hindu Law is shrouded in antiquity; however, the Hindus believe their laws to exist in the revelations preserved in” Vedas,

Shrutis and Smritis. So, what are these?

 

a. Vedas – There are four types of Vedas, Rigveda, Yajurveda, Samaveda and Atharvaveda. In short, they comprise of a large body of religious texts.

 

b. Shrutis – It means “that which are heard and revealed.” Even Vedas are considered to be Shrutis.

 

c. Smritis – It means “that which is remembered.” They are believed to be recorded in the very words of Lord Brahma.

 

d. Sanhitas – It literally means “put together.” They are Smritis and are collections of rule-based verses.

 

It is to be noted that the afore-stated sources are “attributed to the learned scholarly sages, such as, Manu, Yajnavalchya, Vishnu, Parasara and Guatama, etc. These sources constantly evolved over the years, embracing the whole system of law, and are regarded as conclusive authorities. Besides these sources customs, equity, justice, good conscience and judicial decisions have also supplemented the development of Hindu Law.”

 

SCHOOLS OF HINDU LAW

 

In addition to the afore stated, with time, different schools of Hindu Law have developed. Basically, there are four different schools of Hindu Law: -

 

a. Mayukha – This system is prevalent in the area of Bombay, Konkan and Gujarat.

 

b. Marumakkattayam or Nambudri – This system is prevalent in the State of Kerala.

 

c. Daya Bhaga – This system is prevalent mostly in the Bengal and is based on the doctrine of religious efficacy according to which the right to inherit any property arises from the capacity to confer spiritual benefit on the souls of paternal and maternal ancestors i.e., offering Pindas and Water to the deceased ancestors in a regular manner. Further, under this system, the relative who is the nearest of kin is capable of conferring, the greatest spiritual benefit on the soul of the deceased.

 

d. Mitakshara – This system applies to majority of India with slight variations with the fundamental principles being the same and has developed through works like Vyavastha Chandrika, Smriti Chandrika, Jinota Vahanas Treatise. These slight variations formed various sub-schools, namely, Banaras School, Mithila School, Maharashtra/Bombay School, Dravida/ Madras School.

 

That was a brief overview of the various sources of the Hindu Law. I hope that the same provides some clarity. For more details, please refer to the various commentaries such as the Mulla on Hindu Law.