Sources of Hindu Law

Sources of Hindu Law / Sources of Hindu Law The sources of Hindu law can be divided into two parts ----- Ancient and modern, they are as follows- (A) Ancient source --- (1) Vedas or Shruti - Vedas or Shruti are ancient sources of Hindu law. Four Vedas, six Vedangs, and eleven Upanishads are considered under Srutis. Rigveda, Yajurveda, Samaveda and Atharvaveda are the four Vedas of which the Rigveda is the oldest. In the six vedango - kalpa, grammar, verses, education, astrology and nirukta. The eleven Upanishads include - ish, ken, kantha, qya, munka, mandukya, aitareya, taittiriya, chhandogya, brihadaranyaka and shvetasvatar. (2) memory - Smriti means that which is remembered. Memories are also considered to be God-given even if they are not in the real words of God. It is believed that when God revealed the Vedas to the sages, the things which were written out of the Srimukh of God were called Vedas and the sages who wrote on the basis of remembrance were called memorials. They are considered to be the backbone of Hindu law. (3) Commentary and Essay - The commentaries are those in which a particular memory has been commented on and essays are those in which the method has been explained about it by presenting examples of unaccompanied memories and texts on a particular case. (4) Trends - Rudhi is considered a source of Hindu law since ancient times. There are three types of practices --- (1) Local trends - which apply in a particular place. (2) Classical trends - which apply to a particular caste or class. (3) Family habits - which apply to a family or family. (B) Modern Source ----- (1) Vidhanayana - Vidhanayana is a modern and important source of Hindu law. Legislation passed by the Parliament or the Legislature is called legislature. Which have the following - (1) Hindu Widow Remarriage Act, 1856. (2) The Prohibition of Child Marriage Act, 1929. (3) Special Disputes Act, 1954. (4) Hindu Marriage Act, 1955. (5) Hindu Succession Act, 1956. (6) The Hind Minorities and Guardianship Act, 1956. (7) The Hindu Adoption and Maintenance Act, 1956. (2) Judicial decisions - Judicial decisions are the modern source of Hindu law. Decisions of higher courts in India apply to lower courts. When a matter related to Hindu law comes before any court, if the decision has been given before the Supreme Court or any other higher court on that matter, then the court adjudges the case on the basis of the decision of the higher court. In this way, that decision becomes the source of Hindu law. (3) Justice, equity and discretion - Sometimes a case comes before the court on which there is neither a legal provision nor a decision of any court. In such a situation, the court has to decide the case on the basis of equity, justice and discretion. Gradually it becomes a rule.