Hindu law

CONTENT
INTRODUCTION
HISTORY OF ITS DEVELOPMENT
STRUCTURE OF HINDU LAW
1.CLASSICAL HINDU LAW
2. ANGLO-HINDU LAW
3. MODERN HINDU LAW SOURCES OF HINDU LAW
ANCIENT SOURCES
MODERN SOURCES

INTRODUCTION
Hindu law is considered to be the most ancient and prolific law in the world. It has been around every phase. It is about 6000 years old.
Hindu law has been established by the people, not for the purpose of removing any crime or transgression from society but it was established so that the people will follow it in order to attain salvation.
Originally Hindu law was established so that the need of the people gets fulfilled. The concept was initiated for the welfare of the people.Hindu law is a set of personal laws governing the social conditions of Hindus.
India has a recorded legal history starting from the Vedic cages.
Origination of Indian law: Vedas , Upnishads other religious texts.
which preceded the current scheme of common law in India.

History and development
With the formal independence of India from Great Britain on August 15, 1947, India acquired a new constitution as well as a complex legal system.
While a Western influence is apparent in this system, it is not an exact replication.
The Indian legal system has characteristics of common law, but is codified and thus is actually more similar to civil law in nature.
The modern Hindu legal system is applied to strictly personal law, including issues of marriage, inheritance and adoption, whereas India's secular legal system is applied to issues of criminal law and civil law.
India's first prime minister, Jawaharlal Nehru and the then law minister Dr. Babasaheb Ambedkar worked to unify the newly independent India by proposing the reformation and codification of Hindu personal law.
Nehru's efforts led to contentious debates over the so-called Hindu Code Bill, which he offered in the Indian parliament, as a way to fix still unclear elements of the Anglo-Hindu law.

1. CLASSICAL HINDU LAW
It includes the diverse legal practices connected with the Vedictraditions in some ways and existing from the Vedic times until 1772.
It was decentralized and diverse in practice and differed between communities, based on locations, vocational groups and castes.
It was based on dharmasastra and dharma which was traditionallydelineated by learned people or scholars of vedas.
It originates from community, not a state polity.
STRUCTURE OF HINDU LAW

2. THE ANGLO-HINDU LAW
It has two Phases.
1st phase: (1772-1864)
3 main developments:
1. Dharmashastra translated by various British administrator-scholars.
2. Use of court pandits in british courts for interpretation of law.
3. Establishments of case laws.
2nd phase: (1864-1947)
Departure from the Dharmashastra tradition.
The system of court pandits ended.
Acceptance of codified law system.

3. MODEM HINDU LAW
Family law or the personal law applicable to Hindus is theModern Hindu Law.
The British adopted (especially during 1864 and 1947) the modern law or the English legal system.
These four codified laws are the first points of reference for the modern Hindu law.
1. Hindu Marriage Act (1955),
2. Hindu Succession Act (1956),
3. Hindu Minority and Guardianship Act (1956),
4. Hindu Adoptions and Maintenance Act (1956).

Modern sources of Hindu Law.
Modern sources of Hindu law refers to those sources which are comparatively new sources that emerged over time and evolved in the present form. Following are the main source of Hindu law:
1.Equity justice and good conscience
2.Legislation
3.Precedent
Equity justice and good conscience-
Equity means being fair and implies fairness in dealing. Impartiality is the main attribute of modern judicial systems.
True justice can be delivered through equity and good conscience.
Where no rule is given, unreasonableness would prevail.

Legislation
The legislation is an act of parliament that plays an important role in the formation of Hindu law. The legislation is often regarded as a tool for social change. The legislation provides a base and authenticity to the laws.
After the independence of India, there has been a steep increase in legislation regarding the codification of personal laws.
In modern society, this is the only way to bring in new laws.
The parliament, in accordance with the needs society, constitutes new laws.
For example, a new way of performing Hindu marriages in Tamil Nadu that got rid of rituals and priests was rejected by the SC on the basis that new customs cannot be invented.
However, TN later passed an act that recognized these marriages.

Precedents
The doctrine of stare decisis started in India from British rule. All cases are now recorded and new cases are decided based on existing case laws.
Precedent is called to be a source of Hindu law in two senses –
First – practically all the important principles and rules of Hindu law have now been embodied in case law. In such matters, recourse to the source is not necessary. Reference to a leading decision is enough.
Secondly, – Precedent is a source of law in the sense that by the purpose of judicial interpretation, doctrines, principles, and rules of law stand modified or altogether new principles, doctrines, and rules have been introduced in the body of Hindu law. For these principle doctrines and rules, the sources of authority are Precedent.
In this way, various sources cumulate and unite in one to form a wide and dynamic Hindu law.