Q : 1Evolution of Hindu Law-History, Caste System ? Q : 3Sources of Hindu Law- Ancient and Modern Sources.

Ans :Here’s a clear explanation of Evolution of Hindu Law – History & Caste System: Here’s a clear explanation of Sources of Hindu Law – Ancient and Modern:
Evolution of Hindu Law – History Sources of Hindu Law
Hindu law is one of the oldest known systems of law in the world. Its evolution can be studied in Hindu Law has evolved over thousands of years through customs, scriptures, judicial decisions, and
different phases: legislation. Its sources can broadly be divided into Ancient Sources and Modern Sources.
1. Ancient Period A. Ancient Sources
Sources: Shruti (Vedas), Smritis (Manusmriti, Yajnavalkya Smriti), Commentaries, and Digests. These are the foundations of Hindu law, developed in ancient India. They include:
Law was considered divine in origin. Dharma was the guiding principle of life. Shruti (Primary Source)
Society was organized around religion, morality, and customs. Meaning: “What is heard.”
The king was considered the protector of dharma but not the law-maker. Refers to the Vedas (Rig, Yajur, Sama, Atharva) and their explanations in the Upanishads.
2. Medieval Period Considered divine revelations and the ultimate authority.
During this time, commentaries and digests were written by scholars such as Mitakshara (by Contains principles of dharma (duty, righteousness, law).
Vijnaneshwara) and Dayabhaga (by Jimutavahana). Smritis (Secondary Source)
These created schools of Hindu law, which still influence Indian law today. Meaning: “What is remembered.”
Regional variations emerged based on customs and local practices. Human compositions based on Shruti.
3. British Period Three types:
British rulers initially followed the policy of non-interference in personal laws. Dharmasutras (in prose, e.g., Gautama, Baudhayana).
Courts applied Hindu law for Hindus and Muslim law for Muslims in personal matters (marriage, Dharmashastras (in verse, e.g., Manusmriti, Yajnavalkya Smriti, Narada Smriti).
succession, adoption, etc.). They give rules of conduct, duties, inheritance, marriage, and justice.
British judges relied on Sanskrit texts, pundits, and translations to interpret Hindu law. Commentaries and Digests
Gradually, legislation began to replace religious texts in some areas. Written by scholars to interpret Smritis when conflicts arose.
4. Modern Period (Post-Independence) Led to different schools of Hindu Law, e.g.:
After 1947, India undertook major reforms. Mitakshara (based on Yajnavalkya Smriti; prevalent across India).
Hindu Code Bills were passed, leading to codification of Hindu law: Dayabhaga (by Jimutavahana; followed in Bengal and Assam).
Hindu Marriage Act, 1955 Other commentaries: Mitakshara by Vijnaneshwara, Dayabhaga by Jimutavahana.
Hindu Succession Act, 1956 Digests: e.g., Smriti Chandrika, Viramitrodaya.
Hindu Minority and Guardianship Act, 1956 Custom (Achar/Usage)
Hindu Adoptions and Maintenance Act, 1956 Long-established social practices recognized as binding.
These reforms modernized Hindu law, giving women equal rights in succession and marriage. Custom has the force of law if:
Caste System and Hindu Law It is ancient, certain, reasonable, and not against morality or public policy.
The caste system played a crucial role in shaping Hindu law in ancient and medieval times. Types:
Origin: Derived from the Purusha Sukta of Rig Veda, society was divided into four varnas: Local Custom (followed in a particular region).
Brahmins – priests and teachers Caste Custom (followed by a community/caste).
Kshatriyas – warriors and rulers Family Custom (followed in a family, e.g., adoption rules).
Vaishyas – traders and agriculturists B. Modern Sources
Shudras – servants and laborers With British rule and codification, modern sources developed:
Impact on Law: Equity, Justice, and Good Conscience
Different rules of marriage, adoption, succession, and even punishments applied to different castes. Applied by British courts where ancient texts or customs were silent.
Higher castes enjoyed more privileges, while lower castes had restricted rights. Based on principles of fairness and reason.
Inter-caste marriages were discouraged or forbidden. Judicial Decisions (Precedent)
Medieval Period: The caste system became rigid, strengthening inequalities. Decisions of higher courts are binding on lower courts.
British Period: British administration codified some caste-based practices, but also initiated reforms Recognized as authoritative source under Article 141 of the Indian Constitution.
(abolition of Sati, laws against caste discrimination). Legislation (Statutory Law)
Modern Period: The most important modern source.
The Indian Constitution (1950) abolished untouchability (Article 17) and prohibited caste-based Parliament has codified large parts of Hindu Law, e.g.:
discrimination. Hindu Marriage Act, 1955
Hindu law today does not recognize caste distinctions in legal matters such as marriage, succession, and Hindu Succession Act, 1956
adoption. Hindu Minority and Guardianship Act, 1956
Hindu Adoptions and Maintenance Act, 1956
Q : 2 Operation of Hindu Law: Who is a Hindu? How can a Hindu person be determined? What are the Constitution of India
effects of conversion from Hinduism? Provides fundamental rights, equality, and freedom of religion.
#Operation of Hindu Law : Any Hindu law inconsistent with constitutional principles can be struck down.
Hindu law is a personal law that applies to Hindus and certain other communities in India, governing
matters such as marriage, divorce, succession, adoption, guardianship, and religious endowments. Q : 4 Schools of Hindu Law- Dayabhaga and Mitakshara School, their application, difference
The scope of Hindu law is defined mainly under the Hindu Marriage Act, 1955, the Hindu Succession between the schools and effect of migration?
Act, 1956, and other codified statutes. Ans : Here’s a clear explanation of Schools of Hindu Law – Dayabhaga and Mitakshara, their
#Who is a Hindu? application, differences, and the effect of migration:
According to Section 2 of the Hindu Marriage Act, 1955 and similar provisions in other codified Hindu 1. Schools of Hindu Law
laws, the following persons are considered Hindus: Hindu law is mainly divided into two schools:
By Religion Mitakshara School
Any person who is a Hindu by religion (including Virashaiva, Lingayat, or follower of Brahmo, Dayabhaga School
Prarthana, or Arya Samaj). Both schools are based on ancient Smritis, commentaries, and judicial interpretations, but differ in
Buddhists, Jains, and Sikhs are also treated as Hindus for the purposes of personal laws. certain principles relating to inheritance, property, and succession.
By Birth 2. Mitakshara School
Any person born to Hindu parents, if they are raised as Hindus. Based on the commentary Mitakshara by Vijnaneshwara on the Yajnavalkya Smriti.
If one parent is Hindu and the child is brought up as Hindu, the child is considered Hindu. Covers almost the whole of India except Bengal and Assam.
By Conversion or Re-conversion The joint family system and coparcenary rights by birth are its core principles.
Any person who converts or reconverts to Hinduism (through recognized customs, ceremonies, or The son acquires an interest in ancestral property by birth.
acceptance into the community). Property is held jointly, and partition can be demanded only by a coparcener.
#How can a Hindu person be determined? Sub-Schools of Mitakshara
Courts have developed tests to determine whether a person is Hindu: Banaras School – Uttar Pradesh, Madhya Pradesh, Bihar, Orissa.
Belief and Practice: If a person professes Hindu religion and follows Hindu customs/rituals. Mithila School – Tirhut region of Bihar, part of North Bengal.
Community Acceptance: If the Hindu community accepts the person as Hindu. Maharashtra School – Maharashtra, Gujarat, parts of Madhya Pradesh.
Conduct: Participation in Hindu ceremonies, temple worship, or rituals. Dravida/Madras School – South India (Tamil Nadu, Andhra Pradesh, Karnataka, Kerala).
Presumption by Birth: A child born to Hindu parents is presumed Hindu unless shown otherwise. Punjab School – Punjab region.
Case law example: Perumal v. Ponnuswami (1971) – the Supreme Court held that even if a person was 3. Dayabhaga School
not formally converted, if they were accepted by the Hindu community and lived as a Hindu, they would Founded by Jimutavahana’s commentary Dayabhaga.
be treated as Hindu. Prevalent in Bengal and Assam.
#Effects of Conversion from Hinduism : The son does not acquire rights by birth in ancestral property.
When a Hindu converts to another religion (e.g., Islam, Christianity, Judaism, Zoroastrianism):Marriage The father has absolute power to dispose of property during his lifetime.
Under the Hindu Marriage Act, 1955, conversion of either spouse gives the other spouse a ground for Rights in property arise only after the father’s death.
divorce (Section 13(1)(ii)). Joint family property exists, but without the coparcenary system of Mitakshara.
Succession 4. Major Differences between Mitakshara & Dayabhaga
A convert ceases to be governed by Hindu succession law; their succession is governed by the personal Point of DifferenceMitakshara SchoolDayabhaga SchoolFounder/AuthorityVijnaneshwara’s
law of the new religion. MitaksharaJimutavahana’s DayabhagaArea of ApplicationWhole of India except Bengal &
However, if a Hindu dies intestate, a convert is not disqualified from inheritance, unless specifically AssamBengal & AssamRight by BirthSon acquires interest in ancestral property by birthNo right by
excluded (see Section 26 of the Hindu Succession Act). birth, only after father’s deathCoparcenaryExists – father + 3 generations (son, grandson, great-
But descendants of the convert, if not Hindus at the time of succession, cannot inherit. grandson)No coparcenary system; property devolves after deathFather’s PowerLimited power over joint
Adoption family propertyAbsolute power over property during lifetimeFemale’s RightTraditionally weaker under
A convert loses the right to adopt under the Hindu Adoption and Maintenance Act, 1956, unless Mitakshara (though amended by Hindu Succession Act 2005, daughters are coparceners)Stronger, as
reconverted. property devolves on heirs including females after deathPartitionCan be demanded by a coparcenerNot
Other rights relevant as no right by birthSuccession PrincipleBased on survivorship (joint property passes to
Conversion may result in loss of rights in joint family property (Mitakshara coparcenary). surviving coparceners)Based on inheritance (property passes as per succession rules)
Case law: Chandrashekharan v. Kulandaivelu Mudaliar (1963) – conversion results in severance from 5. Effect of Migration
the joint family. The rule of migration states that when a Hindu family migrates from one region to another, it carries its
personal law (school of law) with it.
Example: A Mitakshara Hindu migrating to Bengal will still be governed by Mitakshara principles,
unless they adopt local customs.
However, over time, if the migrating family adopts the local customs, then those customs may prevail.