Introduction

Hindu law has developed over a long period through religious texts, customs, judicial decisions, and legislation. These sources together form the foundation of the Hindu legal system.

Traditionally, Hindu law was mainly derived from ancient religious texts. Over time, modern sources such as statutes and court decisions have also become important.

Meaning / Definition

The phrase “source of law” refers to the origin from which legal rules are derived or known.

In jurisprudence (study of legal principles), the expression may have different meanings:

• The authority that creates law
• The social conditions that influence the creation of law
• The materials or texts from which legal rules are known

In the context of Hindu law, the expression usually refers to the texts, customs, and legal authorities from which Hindu legal rules originate.

The sources of Hindu law are generally divided into Ancient Sources and Modern Sources.

Modes or Types

Ancient Sources

Ancient sources existed before the codification of Hindu law. These were the primary sources of law in traditional Hindu society.

Shruti

The word Shruti means “that which has been heard”. It refers to the divine revelations received by sages.

Shruti mainly consists of the Vedas, which are considered the earliest and most authoritative Hindu scriptures.

The four Vedas are:

• Rig Veda – contains hymns recited by priests
• Yajur Veda – contains ritual formulas used in sacrifices
• Sama Veda – contains verses meant to be sung
• Atharva Veda – contains spells, prayers, and philosophical ideas

Each Veda generally contains three parts:

• Samhita – hymns and prayers
• Brahmana – explanations of rituals and duties
• Upanishads – philosophical teachings and spiritual knowledge

Smritis

The word Smriti means “that which is remembered”.

Smritis are texts written by sages who explained and interpreted the teachings found in the Shruti. These texts form an important source of traditional Hindu law.

Smritis are mainly divided into:

• Dharma Sutras – written in short prose statements
• Dharma Shastras – written in poetic verses

Some well-known Smriti authors include:

• Manu
• Yajnavalkya
• Narada
• Brihaspati
• Parashara

The rules in Smritis are usually divided into three areas:

• Achar – rules relating to morality and proper conduct
• Vyavahar – rules relating to legal procedure and administration of justice
• Prayaschit – rules relating to punishment and repentance for wrong acts

Commentaries and Digests

After the Smriti period, many scholars wrote commentaries and digests explaining the ancient texts.

• Commentaries (Tika or Bhashya) explain specific Smriti texts.
• Digests (Nibandhas) summarise and reconcile rules from different texts.

These writings helped interpret the law and resolve differences between earlier authorities.

Two major schools of Hindu law developed through these commentaries:

• Mitakshara School – based on the commentary of Vijnaneshwara on Yajnavalkya Smriti
• Dayabhaga School – based on the digest written by Jimutavahana

These schools interpreted Hindu law differently, especially in matters such as inheritance.

Custom

Custom (Achara) is an important source of Hindu law. Custom refers to practices that have been followed continuously for a long time and are accepted by society as binding rules.

Custom may exist in different forms:

Local Custom

These are customs followed in a particular geographical area or locality.

Class Custom

These customs apply to a particular community or social group.

Example: Certain communities recognise customs relating to marriage or remarriage.

Family Custom

These customs apply within a specific family.

Example: A custom that the eldest male member inherits family property.

For a custom to be legally recognised, it must be:

• Continuous and long-standing
• Certain and clear
• Reasonable
• Not opposed to public policy (rules protecting the welfare of society)

Modern Sources

Modern Hindu law has evolved through legislation, judicial decisions, and principles applied by courts.

Justice, Equity and Good Conscience

Sometimes courts face disputes where no clear rule exists in any legal source.

In such situations, courts decide the case based on justice, equity and good conscience, which means principles of fairness and moral reasoning.

This principle was formally introduced during the British administration in India.

Legislation

Legislation refers to laws enacted by Parliament.

After independence, several important aspects of Hindu law were codified through statutes. Some important laws include:

• Hindu Marriage Act, 1955
• Hindu Succession Act, 1956
• Hindu Adoptions and Maintenance Act, 1956
• Hindu Minority and Guardianship Act, 1956

When a matter is governed by a statute, the statutory rule prevails over earlier customs or textual laws unless the statute preserves such customs.

Judicial Precedents

Judicial precedent refers to decisions of courts that become binding for future cases.

Under the Indian legal system:

• Decisions of the Supreme Court of India are binding on all courts in the country.
• High Court decisions are binding on lower courts within their jurisdiction.

Judicial decisions play an important role in interpreting and developing Hindu law.

Important Case Law

Deivanai Achi v. Chidambaram (1954 Madras High Court)

The court explained the conditions under which a custom becomes legally valid.

It held that for a custom to be recognised as law:

• It must be ancient and continuous
• It must be certain and clear
• It must not be against public policy
• It must be consistently followed by the community

Distinction / Comparison

Practical Example

In early Hindu society, rules relating to marriage, inheritance, and family relations were mainly derived from Smritis and customs.

In modern India, these matters are now governed mainly by statutory laws such as the Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956.

However, in some situations where statutes are silent, courts may still consider customs or earlier textual principles.

Summary

• Sources of Hindu law refer to the origins from which Hindu legal rules are derived.
• These sources are broadly divided into Ancient sources and Modern sources.
• Ancient sources include Shruti, Smriti, Commentaries and Digests, and Custom.
• Modern sources include legislation, judicial precedents, and principles of justice, equity and good conscience.
• Custom has long been recognised as an important source of Hindu law if it satisfies legal requirements.
• Modern statutes such as the Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 now govern many aspects of Hindu law.