Q 1 WRITE A EXPLANATORY NOTE ON 2 MAIN OF HINDU LAW AND STATE

THE DISTIGHISH B/W THEM ?

Hindu law, a significant part of Indian jurisprudence, is rooted in ancient religious
texts and customs. It governs aspects like marriage, inheritance, and adoption
for Hindus, Jains, Sikhs, and Buddhists. The two main aspects of Hindu law are:

1. Mitakshara School
Origin: The Mitakshara school is a traditional school of Hindu law that
originated from a commentary written by Vijnaneshwara in the 11th century on
the Yajnavalkya Smriti.
Scope: It is more widespread and followed throughout India, except in the
states of West Bengal and Assam.
Joint Family System: Under Mitakshara, the concept of a coparcenary is
central. It allows for a joint family structure where only male members, up to four
generations, are considered coparceners and have a right to ancestral property
by birth.
Property Rights: Inheritance is determined by survivorship, meaning that
property remains with the joint family, and a coparcener has a birthright in the
property. Females were not considered coparceners until the amendment made
by the Hindu Succession (Amendment) Act, 2005.
2. Dayabhaga School
-Origin: The Dayabhaga school originated from a legal text attributed to
Jimutavahana. It was developed around the 12th century and is mainly followed
in the eastern parts of India, particularly in West Bengal and Assam.
-Property Rights: Unlike Mitakshara, the Dayabhaga school does not recognize
a coparcenary by birth. Instead, property inheritance happens upon the death of
the family member, meaning sons do not acquire an interest in the ancestral
property by birth.
Partition: Under Dayabhaga, a person can claim a division of property only after
the father's death. The system treats property more individually, unlike the
communal nature seen under Mitakshara.
For a detailed 4-page explanation on these aspects, I'll provide a comprehensive
outline and expand each section appropriately. Since I can't create a multi-page
document here, I'll write the content to give you an idea of how it can be
structured and extended. Each section can be elaborated further when formatted
into a document.
Who is a Hindu?
Hindu law does not specifically define "Hindu" as it is understood from a religious
or cultural perspective. Instead, it identifies who would be governed by Hindu law
based on a broader and inclusive definition. According to Section 2 of the Hindu
Marriage Act, 1955, the following persons are considered Hindus:
1. By Birth: Anyone who is born to Hindu parents or one who is raised in a
Hindu family and practices Hindu customs. This includes:
Children born to Hindu parents (both parents being Hindu or even one parent
being Hindu, provided the child is raised as a Hindu).
Children of Hindu parents who adopt or practice Hindu traditions, even if not
strictly born Hindu.
2. By Religion: Those who follow Hinduism, including its various sects and
philosophies, are considered Hindus. It also includes those who profess faiths
derived from or related to Hinduism:
Jains, Buddhists, and Sikhs are also governed by Hindu law for personal
matters.
Those who identify themselves as followers of other Hindu philosophies like
Advaita, Dvaita, and Bhakti traditions.
3. By Conversion: Individuals who were not originally Hindu but have chosen to
convert to Hinduism are also treated as Hindus. Conversion can be done by a
formal ceremony of "Shuddhi" (purification) or by adopting Hindu beliefs and
customs.

Who are the Persons Governed by Hindu Law?

Hindu law applies to the following categories of people:
1. Hindus by Religion:
Any person who professes Hinduism, as well as followers of allied religions like
Jainism, Buddhism, and Sikhism. This includes various sects and sub-sects within
these religions. Even if individuals do not actively practice rituals, they may still
be governed by Hindu law.
For instance, someone born in a Jain family but not actively practicing Jainism
would still be governed by Hindu law.
2. Hindus by Birth:
A person born to parents who are Hindus, or whose family customs follow
Hindu practices, is considered Hindu.
 Children of interfaith marriages where one parent is Hindu, and the child has
been raised as a Hindu, also fall under this law.

3. Persons Who Do Not Identify Strictly as Hindus But Are Covered

Under Hindu Law:
The law encompasses people who belong to sects and denominations that fall
under the larger umbrella of Hindu culture and tradition. This extends to people
who might follow their regional or community-specific practices that are
intrinsically linked to Hinduism.

4. Legal Conversions:
People who convert to Hinduism through legal and traditional procedures are
also governed by Hindu law. Conversion involves adopting Hindu customs,
participating in rites, and being accepted into the Hindu community.

To Whom Hindu Law Does Not Apply

Hindu law does not govern the following groups:

1. Muslims:
Individuals who profess Islam are governed by their separate set of laws,
namely Sharia or Muslim Personal Law. The provisions related to marriage,
inheritance, and divorce are distinct under Islamic law.

2. Christians:
Persons following Christianity are governed by their laws under the Indian
Christian Marriage Act and other related statutes. Their personal legal matters
such as marriage and succession are distinct from Hindu law.

3. Parsis:
Parsis have a separate legal framework governing their personal matters, such
as marriage and inheritance, under the Parsi Marriage and Divorce Act.

4. Persons Who Do Not Fall Within the Broad Definition of Hindu:

People who are atheists, agnostics, or secularists without ties to Hindu customs
or traditions, or who explicitly identify themselves outside Hinduism, may not be
governed by Hindu law.
 For instance, a child born to a Hindu mother but raised in a different religious
or secular context may not be governed by Hindu law, depending on how they
identify themselves.

Inclusion of Customary Law and Exceptions

1. Customs within the Hindu Community:
Hindu law recognizes the importance of customary practices, and where such
practices are firmly established, they can override statutory law. For example,
certain tribal communities may follow their customs, which are recognized under
Hindu law as long as they are not against public policy.

2. Legislative Exceptions:
In modern times, various legislative enactments have created exceptions. For
instance, the Special Marriage Act, 1954 provides a legal framework for
individuals of different religions to marry without adhering to their personal laws.
Those opting for marriage under this Act will not be governed by Hindu law for
that aspect of their life.

Conclusion
Hindu law, deeply rooted in ancient traditions and practices, has evolved over
time to cater to a wide variety of followers under the larger Hindu umbrella.
However, it also recognizes individuals' rights to their unique practices, customs,
and even the freedom to choose to be governed by other legal frameworks. The
distinction on who is governed by Hindu law provides clarity but also
demonstrates the diverse and inclusive nature of the legal system in India.

Each of these sections can be elaborated in a detailed format to stretch over four
pages by adding more explanations, legal provisions, historical background, and
case laws illustrating the principles. This structured approach ensures clarity and
depth in understanding Hindu law's application.
Q 3 EXPLAIN B/W MITHAKSJHARA AND DAYABAG SCHOOLS OF HINDU LAW ?
To create a comprehensive 4-page explanation on the Mitakshara and
Dayabhaga schools of Hindu law, I'll provide an expanded outline covering their
origins, principles, property laws, differences, and the impact of legal reforms.
Here is a detailed version of the content that can be extended and formatted into
a multi-page document.
Introduction to Hindu Law Schools
Hindu law has two main schools that govern the distribution of property, family
matters, and inheritance among Hindus in India. These are:
1. Mitakshara School
2. Dayabhaga School
The distinction between these two systems reflects the diverse traditions and
interpretations that have evolved over centuries across different regions in India.
While both schools derive their foundations from ancient texts and customs, their
principles, especially regarding property rights, are distinct.
1. Mitakshara School of Hindu Law
Origin and Historical Background
Mitakshara is a legal commentary by Vijnaneshwara, written in the 11th century.
It is a comprehensive commentary on the Yajnavalkya Smriti, which is one of the
oldest texts of Hindu law.
The name "Mitakshara" means "a concise commentary," and it became a widely
accepted authority on Hindu law across most parts of India, except in certain
eastern regions.
The principles laid out in Mitakshara formed the basis for codifying traditional
Hindu law, influencing regions including North India, the Deccan, and the South.
Key Principles
1. Joint Family and Coparcenary:
Mitakshara is known for its emphasis on the joint family system, where a joint
family consists of a common ancestor and his male descendants, along with their
wives and children.
Property is held jointly by all male members of the family, who are called
coparceners. The coparceners acquire an interest in the ancestral property by
birth.
2. Property Rights:
 According to Mitakshara, ancestral property is inherited by male heirs by birth,
meaning that a son, grandson, and great-grandson automatically acquire an
interest in the property from the moment they are born.
Property is classified into two categories: Ancestral Property (property inherited
up to four generations) and Self-Acquired Property (property earned by an
individual). While ancestral property is jointly held, self-acquired property
remains the individual’s own unless he chooses to share it.
3. Partition Rules:
Partition can be demanded by any coparcener at any time, and the shares are
determined by the doctrine of survivorship. The doctrine means that when a
coparcener dies, his share passes automatically to the surviving coparceners.
Before the 2005 amendment, females did not have coparcenary rights under
Mitakshara law, but the Hindu Succession (Amendment) Act, 2005, changed this,
granting daughters equal rights as sons.
Geographical Scope:
The Mitakshara school is followed throughout India, except in West Bengal and
Assam, which adhere to the Dayabhaga school.

2. Dayabhaga School of Hindu Law

Origin and Historical Background
The Dayabhaga school originated from a text attributed to Jimutavahana in the
12th century. It is considered a digest rather than a commentary, and it emerged
as a critique of the Mitakshara principles.
Unlike Mitakshara, Dayabhaga sought to simplify inheritance laws and property
rights. It became the dominant system of Hindu law in Bengal and Assam.

Key Principles
1. Property Rights:
Dayabhaga does not recognize a son’s right by birth in the ancestral property.
Instead, it advocates that property is inherited after the death of the family head.
Therefore, a son does not acquire an interest in the property until the father
passes away.
Under Dayabhaga, both sons and daughters can inherit property, but the
inheritance is governed more by succession rather than survivorship.

2. No Concept of Coparcenary by Birth:

In contrast to Mitakshara, Dayabhaga does not consider the family as a
coparcenary from birth. Instead, property rights arise only upon the death of the
owner, allowing a more individualistic approach to property ownership.
 Since there is no coparcenary by birth, each individual retains more control
over his property, and women have relatively better inheritance rights under
Dayabhaga than they did under Mitakshara (before the 2005 amendment).
3. Partition Rules:Partition under Dayabhaga cannot be demanded during the
lifetime of the father because sons do not hold a birthright to the property.
Partition or division occurs only after the death of the father when the property is
distributed among the heirs.

Geographical Scope:
The Dayabhaga school is predominantly followed in West Bengal, Assam, and
Odisha.
Impact of Legal Reforms
1. Hindu Succession Act, 1956:
This act codified many aspects of Hindu law and tried to bring uniformity
across both schools. However, the principles laid down by the schools still
influenced interpretation and implementation.
2. Hindu Succession (Amendment) Act, 2005:
One of the most significant reforms, this amendment granted equal
coparcenary rights to daughters in Mitakshara law, allowing them to inherit and
demand partition like sons.
It marked a major shift towards gender equality, though Dayabhaga already
provided relatively better inheritance rights to females.
Conclusion
The Mitakshara and Dayabhaga schools of Hindu law represent two different
approaches to property rights and family law. The Mitakshara school emphasizes
a joint family system where property is shared among male members from birth,
while the Dayabhaga school focuses on individual inheritance rights activated
upon the death of the property owner. Despite the differences, both systems
have shaped Hindu law and continue to play a role, though modern legal reforms
are moving towards greater uniformity and equality, especially in terms of
property rights for women.
This comprehensive analysis of the two schools provides insight into how
traditional legal interpretations still influence contemporary legal practices in
India. The codification and amendments over time reflect the evolving societal
norms and the need for modernization in family law.
Each section can be further elaborated with more examples, legal provisions, and
case studies to fill four pages. The content provided here serves as a solid
foundation for an in-depth explanation.
Q 4 WRITE A NOTE ON CUSTOMS OR SOURCE OF HINDU LAW ?
Here is the revised note without any bullet points or symbols:

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Note on Customs or Sources of Hindu Law

Hindu law is a comprehensive system of personal laws that governs

various aspects of life, such as marriage, inheritance, adoption, and
family matters, primarily for individuals who follow Hinduism. The
sources of Hindu law can be broadly divided into two categories:

1. Ancient Sources
2. Modern Sources

1. Ancient Sources
These are the traditional sources that have been followed for centuries:

a. Shruti (Vedas)
The word 'Shruti' means 'what is heard.' Shruti refers to the Vedas,
which are the earliest and most authoritative texts of Hindu law. Vedas
contain religious hymns, rituals, and philosophical discourses. They are
the foundation of Hindu law and provide guidance on moral and social
conduct.

b. Smriti (Dharmashastras)
'Smriti' means 'what is remembered.' It consists of texts like
Manusmriti, Yajnavalkya Smriti, and Narada Smriti. These texts explain
the principles laid down in the Vedas and cover topics like property,
marriage, and family matters. Smritis are more practical and provide
detailed rules for daily life.

c. Commentaries (Bhashyas) and Digests (Nibandhas)

Commentaries are explanations of the Smritis written by scholars to
clarify the laws. Digests are compilations of various commentaries,
ensuring that the laws are easily accessible and understood by the
people. Examples include Mitakshara and Dayabhaga, which are two
major schools of Hindu law.

d. Customs
Customs are practices and traditions that have been followed by
communities over a long period. For a custom to be recognized as a
source of law, it must be ancient, reasonable, continuous, and certain.
In some cases, customs prevail over the written texts if they are proven
to be valid and widely accepted.

2. Modern Sources
These sources have emerged over time due to changes in society and
the legal system:

a. Legislation
In modern times, various laws have been enacted by the legislature to
address specific aspects of Hindu personal law. Some important acts
include:
The Hindu Marriage Act, 1955
The Hindu Succession Act, 1956
The Hindu Adoption and Maintenance Act, 1956
The Hindu Minority and Guardianship Act, 1956

b. Judicial Decisions
The judgments made by courts also play a crucial role in shaping Hindu
law. When there is ambiguity or a gap in the traditional texts, the
courts interpret the law and set precedents that become binding.

c. Equity, Justice, and Good Conscience

In cases where no law or custom is applicable, courts rely on principles
of equity, justice, and good conscience. This means that decisions are
based on fairness, keeping in mind the unique facts of each case.

Conclusion
The sources of Hindu law reflect a blend of ancient traditions and
modern legal developments. While ancient texts and customs provide
the foundation, legislation and judicial decisions ensure that the law
remains relevant and adaptable to contemporary society.

Q 5 state the briefly the concept of dharma explain ?:

Concept of Dharma
Introduction
The term Dharma is very important in Hindu culture and religion. It is a
broad concept that means duty (ಕಾರ್ಯ), moral law (ನೀತಿನಿಯಮ),
righteousness (ಧಾರ್ಮಿಕತೆ), or the right way of living (ಜೀವನದ ಸರಿಯಾದ ದಾರಿ).
Dharma guides people on how to live a good, ethical (ಸತ್ಯನಿಷ್ಠ), and
meaningful (ಅರ್ಥಪೂರ್ಣ) life. It is a central idea in Hinduism, but also
plays a role in Buddhism, Jainism, and Sikhism. The idea of Dharma
helps maintain balance (ಸಮತೋಲನ) and order (ಕ್ರಮ) in life and society.
Meaning of Dharma
The word "Dharma" comes from the Sanskrit root ‘dhri,’ which means
"to hold (ತಾಳು)" or "to support (ಬೆಂಬಲ)." In a simple sense, Dharma is
about doing the right thing, following the rules (ನಿಯಮಗಳು) that keep life
running smoothly, and making choices that are good for everyone. It is
about living in a way that brings peace (ಶಾಂತಿ) and happiness (ಸಂತೋಷ) to
yourself and to others.
Origin and History
The idea of Dharma can be traced back to the Vedas (ವೇದಗಳು), which are
the oldest sacred books of Hinduism. In the early days, Dharma was
mostly about performing religious duties (ಧಾರ್ಮಿಕ ಕರ್ತವ್ಯಗಳು) and
rituals (ಕ್ರಿಯೆಗಳು). Over time, it grew to include ethical behavior (ನೈತಿಕ
ನಡೆ) and how to live a balanced (ಸಮತೋಲನ) and fair life.
Different Aspects of Dharma
1. Universal Dharma (Sanatana Dharma)
Sanatana Dharma (ಶಾಶ್ವತ ಧರ್ಮ) means eternal (ಶಾಶ್ವತ) and universal
principles (ವಿಶ್ವವ್ಯಾಪಿ ತತ್ತ್ವ) that apply to all people, no matter their
caste (ಜಾತಿ), religion (ಧರ್ಮ), or community. It includes values like
truthfulness (ಸತ್ಯತೆ), non-violence (ಅಹಿಂಸೆ), compassion (ಕರುಣೆ), and
self-discipline (ಸ್ವಯಂಶಾಸನ).
Following Sanatana Dharma means acting in a way that maintains the
natural order (ಸ್ವಾಭಾವಿಕ ಕ್ರಮ) of the universe.
2. Social Dharma (Varna Dharma)
Varna Dharma (ವರ್ಣ ಧರ್ಮ) talks about the social duties (ಸಾಮಾಜಿಕ
ಕರ್ತವ್ಯಗಳು) based on one's role or profession (ವೃತ್ತಿ) in society. In
ancient Hindu society, people were grouped into four main classes
(ವರ್ಣಗಳು): Brahmin (ಬ್ರಾಹ್ಮಣರು), Kshatriya (ಕ್ಷತ್ರಿಯರು), Vaishya
(ವೈಶ್ಯರು), and Shudra (ಶೂದ್ರರು). Each group had specific duties.
This was meant to help society work smoothly, but it was originally
about what people were good at (ಅಪಾರತೆಯ ಆಧಾರದ ಮೇಲೆ).
3. Personal Dharma (Svadharma)
Svadharma (ಸ್ವಧರ್ಮ) means one's own duty (ಸ್ವಂತ ಕರ್ತವ್ಯ). It is about
what is right for a person based on their age (ವಯಸ್ಸು), profession
(ಉದ್ಯೋಗ), gender (ಲಿಂಗ), and life situation (ಜೀವನದ ಪರಿಸ್ಥಿತಿ).
In the Bhagavad Gita (ಭಗವದ್ಗೀತೆ), Lord Krishna explains to Arjuna that
following his own duty as a warrior (ಯೋಧ) is the right thing to do, even if
it is difficult. This is an example of Svadharma.
4. Stages of Life (Ashrama Dharma)
Life is divided into four stages, known as Ashramas (ಆಶ್ರಮಗಳು):
Brahmacharya (ಬ್ರಹ್ಮಚಾರ್ಯ student life), Grihastha (ಗೃಹಸ್ಥ householder
life), Vanaprastha (ವಾನಪ್ರಸ್ಥ retired life), and Sannyasa (ಸನ್ಯಾಸ
renounced life). Each stage has its own duties and responsibilities.
For example, in Brahmacharya, the focus is on learning and self-
discipline (ಸ್ವಯಂ ನಿಯಂತ್ರಣ), while in Grihastha, the focus is on family
responsibilities (ಕುಟುಂಬದ ಕರ್ತವ್ಯಗಳು) and earning a living (ಜೀವನೋಪಾಯ).

Dharma in Practice
Dharma in Personal Life
In daily life, Dharma means doing things like respecting parents (ಪೋಷಕರ
ಗೌರವ), caring for family members (ಕುಟುಂಬದವರ ಪರಿಗಣನೆ), being honest
(ಪ್ರಾಮಾಣಿಕತೆ) in work, and keeping promises (ಮಾತಿನ ಸ್ಥಿರತೆ). Practicing
Dharma means following good moral values (ನೈತಿಕ ಮೌಲ್ಯಗಳು) and being
fair and kind (ನ್ಯಾಯಯುತ ಮತ್ತು ದಯಾಮಯ).
It is important to make decisions (ನಿರ್ಣಯಗಳು) that are truthful
(ಸತ್ಯಪೂರ್ಣ) and fair (ನ್ಯಾಯಸಂಗತ).
Dharma in Social Life
In society, Dharma means working for the welfare (ಹಿತಾಸಕ್ತಿ) of others,
ensuring justice (ನ್ಯಾಯ) and maintaining peace (ಶಾಂತಿ). It’s about
treating everyone with respect (ಗೌರವ).
For example, charity (ದಾನ), protecting the weak (ದುರ್ನಿದ್ರಸ್ಥರ ರಕ್ಷಣೆ),
and working for the community (ಸಮುದಾಯದ ಸೇವೆ) are all forms of Dharma.

Dharma and Karma

Karma (ಕರ್ಮ) is closely related to Dharma. Karma means action (ಕ್ರಿಯೆ)
and the result (ಫಲ) of that action. If a person follows Dharma, they will
have good Karma, which leads to a peaceful and happy life (ಸುಖಮಯ ಜೀವನ).
If they go against Dharma, it leads to bad Karma and suffering (ದುಃಖ).
This shows that following Dharma brings positive results (ಚೆನ್ನಾದ ಫಲಗಳು)
in life, both now and in the future.

Importance of Dharma in Modern Times

Even in today’s world, the concept of Dharma is important. It helps
people make ethical choices (ನೈತಿಕ ಆಯ್ಕೆಗಳು) in different areas like
business (ವ್ಯಾಪಾರ), politics (ರಾಜಕಾರಣ), and family life (ಕುಟುಂಬದ ಜೀವನ).
Values like truth (ಸತ್ಯ), non-violence (ಅಹಿಂಸೆ), compassion (ಕರುಣೆ), and
justice (ನ್ಯಾಯ) are always important, no matter how society changes.
Practicing these values can make life better for everyone.
Conclusion
Dharma is about living a balanced and good life (ಚೆನ್ನಾದ ಜೀವನ). It
teaches that life is not just about personal desires (ಖಾಸಗಿ ಆಕಾಂಕ್ಷೆಗಳು),
but also about duties towards family, society, and the world. Dharma
encourages people to act in a way that brings peace (ಶಾಂತಿ), prosperity
(ಸಂಪತ್ತಿ), and happiness (ಸುಖ). Understanding and following Dharma
can lead to a fulfilled and successful life (ಸಂಪೂರ್ಣ ಮತ್ತು ಯಶಸ್ವಿ ಜೀವನ).