Sources of Hindu Law.pptx

what are the different sources of hindu law

1. SOURCES OF HINDU LAW By: Rashmi Dubey Faculty of Law

2. MEANING AND DEFINITION Sources means “basis from which law is evolved”. Sources of Law’ is a basis, which enables the courts to interpret law”. Keeton defines ‘source’ as “the material out of which law is eventually fashioned through the activity of judges”. Hindu Law is about 6000 years old and the study of sources of Hindu Law is the study of its various phases of development to meet the changing needs. Hindus considered vedas as the material source of all knowledge. Hindu law is not only divine, but also sacrosanct, inviolable and unchangeable. It cannot be questioned, challenged or violated.

3. CLASSIFICATION OF SOURCES OF HINDU LAW The sources of Hindu Law may be classified under the following heads : Ancient or Traditional Sources – Sruti (Vedas) Smritis Digest and Commentaries; and Custom 2. Modern Sources – Equity, Justice and Good Conscience; Precedent; and Legislation.

4. …………….Continued Ancient or Traditional Sources – The ancient Hindu legal system recognized the following four sources:- Sruti (Vedas): The primary and important source of Hindu Law is Sruti or Vedas . The four Vedas are the foundation-head of Hindu religion and law. The word ‘Sruti’ literally means “what was heard”. In other words,“what is heard by Rishis(sages) from God is Sruti or Veda”. ‘Veda’ means knowledge or to know. There are four vedas namely the Rig, the Yajur,the Sama and the Atharva. Vedas contains the voice of God. These Vedas contain the sacred lore and esoteric knowledge of the Hindus and came into existence long before 4000-1000 B.C. Smritis : Next to vedas, Smritis are the most important source of Hindu Law. The word ‘smriti’ literally means “what has been remembered”. Sruti(Vedas) represent direct words of God as heard by the sages. The early smritis were termed as Dharma Sutras(800-200B.C.).They were mostly in prose form and were written by the teachers expounding Vedas for the sake of their students. Gautama, Boudhayana,Apasthamba, Vashishta, Vishnu and Harita are the main Dharma Sutra Karas. The later Smritis were termed as Dharma Sashtras which are most systematic expositions than Dharm Sutras. The subject matter in these Smritis is divided into Achara,Vyavahara and Prayaschitta. The principles of law are mostly covered under the part, Vyavahara. Manu, Narada and Yagnavalkya are the most important smritikars.Manusmriti is the oldest smruti and is of great importance and is considered as a ‘reservoir of law’. It has 12 chapters containing 2,694 slokas)

5. ……….Continued