Hindu Legal System

Август 11, 2022

Содержание

2. PLAN Introduction of Indian law 1.• Classical Hindu law 2. Anglo-Hindu law 3. Modern Hindu lawHindu
3. INTRODUCTION Hindu law is a set of personal laws governing the social conditions of Hindus. India
4. 1. Classical Hindu law It includes the diverse legal practices connected with the Vedictraditions in some
5. 2. The Anglo-Hindu Law It has two Phases. 1st phase: (1772-1864) 3 main developments: 1. Dharmashastra
6. 3. Modem Hindu Law Family law or the personal law applicable to Hindus is theModern Hindu
7. Countries following Indian Law India Nepal Sri Lanka Bangladesh Indonesia
8. Sources of The Hindu law AncientSources Shruti Smriti Custom or Sadachara Commentaries and Digests Modern Sources
9. 1) Ancient Sources 1. Shruti: Divine revelation through the sages or God in form of Vedas.
10. 2) Modern Sources Legislation Legislation in India seeks its history from British rule period. Legislations are
11. 1) Supreme Legislation The Constitution is example of a Supreme Legislation in India. The authority of
12. 2) Subordinate Legislation It's also known as Delegated Legislation. When internal regulation is not possible to
13. B)Judicial Precedents A judicial precedent is the decision of the Court used as a source for
14. C) Justice, Equity & Good Conscience It is also be termed as Natural law. These rules
15. Conclusion In the arena of personal laws, Hindu law plays vital role and it governs the
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PLAN
Introduction of Indian law
1.• Classical Hindu law
2. Anglo-Hindu law
3. Modern

Hindu lawHindu law in different Countries
Sources of Hindu law
A. Ancient Sources
B. Modern Sources
Conclusion

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INTRODUCTION
Hindu law is a set of personal laws governing the social

conditions of Hindus.
India has a recorded legal history starting from the Vedi cages.
Origination of Indian law: Vedas , Upnishads & other religious texts.
which preceded the current scheme of common law in India.
The main intention of Indian law is to preserve "dharma"M Hindu law is divided into three categories:
1. The Classical Hindu Law
2. The Anglo Hindu Law
3. The Modern (Hindu Law)

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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.

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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.

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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).

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Countries following Indian Law
India
Nepal
Sri Lanka
Bangladesh
Indonesia

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Sources of The Hindu law
AncientSources
Shruti
Smriti
Custom or Sadachara
Commentaries and Digests
Modern Sources
Legislation

Judicial Precedents
Principles of justice , Equity , Good Conscience

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1) Ancient Sources
1. Shruti: Divine revelation through the sages or God

in form of Vedas.
2. Smriti: Precepts of God in form of prose & poetry.
3. Custom (Sadachar): Divided into 3 divisions 1) local customs , 2) Class customs . 3) Family customs.
4. Commentaries & DigestsCommentaries (Tika or Bhashya) and Digests (Nibandhs) created around 7th century to 1800 A.D by scholars

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2) Modern Sources
Legislation
Legislation in India seeks its history from British rule

period.
Legislations are Acts of Parliament which have been playing a profound role in the formation of Hindu law
Few pre-independent legislation which are still valid and followed in India are:
Indian Penal Code, 1860
Indian Evidence Act, 1872
Indian Contract Act, 1872
Civil Procedure Code, 1908
Some of the post-independence statutory laws in India are:
Criminal Procedure Code, 1973
Motor-vehicle Act, 1988
Information Technology Act, 2000
Right to Information Act, 2005

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1) Supreme Legislation
The Constitution is example of a Supreme Legislation in

India.
The authority of theConstitution cannot be challenged by any other legislative power.
All Acts of Parliament are thus . supreme legislation.It is enacted by the highest law-making body.

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2) Subordinate Legislation
It's also known as Delegated Legislation.
When internal regulation is

not possible to be supervised at all times by the Parliament, only then Subordinate Legislation steps in.

Subordinate Legislation
MunicipalLegislation
ExecutiveLegislation
ColonialLegislation
AutonomousLegislation
JudicialLegislation

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B)Judicial Precedents
A judicial precedent is the decision of the Court used

as a source for future decision making.
Precedents became a source of law only during the British rule in India.
The government of India act 1935 established a federal court and PrivyCouncil.
Decision of higher court is a source of law to all of the lower courts.
The doctrine of precedent is expressly incorporated in India by Article141 of the Constitution of India, 1950.
The Supreme Court are binding on all courts within the territory of India.
Modern Hindu law relies on the interpretation of judges.

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C) Justice, Equity & Good Conscience
It is also be termed as

Natural law.
These rules are applied when any written law is not applicable to a legal matter.
When a problem comes before the court for resolution, it cannot be settled by prevailing laws.
Then, the courts are guided by the principle of:
basic values
reasonableness
norms
standards of fair play and propriety.

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Conclusion
In the arena of personal laws, Hindu law plays vital role

and it governs the persons who comes with in the preview of Hindu.
In ancient period Hindu law had only its divine nature (law ofGod), but nowadays its mature has totally changed.
Its divine nature has been seized by its interpretation , enacting laws & also by the judicial precedents.
By the interpretation of the ancient sources of Hindu law, its scope has became very wide.
Modern sources of Hindu law has a colossal importance, in the evolution of modern Hindu law.