CHAPTER -1

1. INTRODUCTION
1.1

BACKGROUND
Hindu Law is a body of rules, customs and usages guiding the beliefs and ways of
life of the Hindus. There are two schools of thought about Hindu law, namely
Dayabhagamimansa and Mitaksaramimansa.
According to Britannica Dictionary, Mimamsa means Reflection or Critical
Investigation in Sanskrit .It is one of the six orthodox systems (darshans) .The aim
which is to give rules for the interpretation of the Vedas, the earliest scriptures of
Hinduism, and to provide a philosophical justification for the observance of Vedic ritual.
Vedas is composed of four parts: The Samhitas, the Brahmanas, the Aranyakas and the
Upanishads. The first two parts are generally focused on the rituals and they form the
Karma-kanda portion of the Vedas. The latter two parts form the Jnana-kanda (concerned
with knowledge) portion of the Vedas. Because Mimamsa is concerned with the earlier
parts of the Vedas (called the Karmakanda), it is also referred to as Purva-Mimamsa
(Prior Study), or Karma-Mimamsa (Study of the Acts). Vedanta, which deals with
the later portion of Vedic literature called the Upanishads, is called Uttara-Mimamsa
(Posterior Study), or Jnana-Mimamsa (Study of Knowledge).Jaimini is credited as
the chief proponent of the Mimamsa system. His work is called Mimamsa-Sutra written
around the end of the 2nd century A.D. Mimamsa-Sutra is the largest of all the
philosophical Sutras which is divided into 12 chapters.
Hindu law is the foundation of the legal system in Nepal, India, south east countries
including some parts of Africa where Hinduism is followed. The first codified law that
applied in Nepal called MulukiAin(the Country Code) introduced in 1854,was based on
the traditional approach of the Hindu Dharma Shastras or legal treatises called Manu
Smriti. In Kenya 1 Hindu Law including the Hindu Code is generally applicable in family
matters, while the case is similar in Tanzania 2, Uganda 3 and to a lesser degree in Surinam
as well as the British West Indies 4.

1.2 OBJECTIVES
The main objectives of this research were to study the principle of Mimansa as a part of
Hindu law.

See Derrett, Introduction to Modern Hindu Law, p. 538-46

See Derrett, Introduction to Modern Hindu Law, p. 546-49
3
See Derrett, Introduction to Modern Hindu Law, p. 549-55
4
Derrett , The Hindu Conception of Law, p. I-157.
2

1.3 RESEARCH PROBLEM

This study aims at answering the following question:
Is mimansha the foundation of Hindu law?

1.4METHODOLOGY

The methods used: The research started with the wide search in the websites,
journals, published articles in the magazines and the local newspapers.

Data analysis: The research was primarily analytic in scope .The essential materials
were gathered from the internet, journals, books and consultations. Relevant literature
review was carried out.

1.5 LIMITATION
Given the practical difficulties in accessing the journals, the study mostly deals with
the principles of Mimansa and some of its application. However, since Hindu law is a
wide topic the study does not cover all the aspects of Hinduism.

1.6ORGANIZATION OF STUDY
The research paper consists of 3 sections first section deals with Hindu
philosophy and principle of Mimansha while the second part comprises of analytic
overview of different instances of Hindu law and final part consists of conclusion and
recommendation.

CHAPTER - 2

2.1Hindu Philosophy
Classical Hindu Philosophy has six schools (shatdarshan) all of which aim at Moksha (liberation).
PurvaMimansa is one of these schools, and according to it one can achieve Moksha by performing Yagya
(sacrifice) in accordance with the Shastras. The Shastras consist of Shruti and Smriti, the former being
superior to the latter. Shruti consists of the four Vedas, the Brahmanas, the Aranyaks and the Upanishads.
Brahmanas are treatises written in prose which prescribe methods of performing various Yagyas. To
every Veda one or more Brahmanas are attached. Thus, the Aitareya Brahmana is attached to the Rig
Veda, the TaitareyaBrahmana to the Black Yajur Veda, the ShatapathaBrahmana to the White Yajur
Veda, and the TandyaBrahmana to the Sama Veda. 5

Shankaracharya was a proponent of Uttar Mimansa (also known as Vedanta), according

to which Moksha can be achieved by knowledge of Brahma. Shankaracharya preached that
Jnanakanda (the Vedantic Path) is superior to Karmakanda (the performance of Yagya). He
shifted the emphasis in the Shrutis from the Brahmanas to the Upanishads, and his view was
accepted, and ever since Vedanta became the dominant school of Hindu philosophy.
However, though PurvaMimansa lost importance to Vedanta in Philosophy, its importance
remained high as before. It must however be clarified that the Mimansaks were not jurists. Their
aim was to perform the Yagya properly, for they sincerely believed that this was the means to
achieve moksha.

2.2 The Principle

The Mimansa Principles distinguish between obligatory statements and non-obligatory
statements. The main obligatory rule is called a Vidhi (or a Pratishedh, if it is in negative form).
There are four types of Vidhi:
1.
2.
3.
4.

UtpattiVidhi, or a substantive injunction (e.g. 'perform the agnihotra')

ViniyogaVidhi, or applicatory rules (e.g. 'with curdled milk perform the agnihotra')
PrayogVidhi, or rules of procedure
AdhikaraVidhis (rules regarding rights and personal competence).

Apart from theseVidhis, there are also certain quasi Vidhis called niyamas and parishankhyas,
but it is not necessary to go into details here. Vidhis are found in Brahmanas 6.
The main non-obligatory statement is known as an Arthavada. An Arthavada is a statement of
praise or explanation. Arthavada is like the preamble or statement of objects in a statute. An
Arthavada has no legal meaning by itself. It helps to clarifyVidhi. Sometimes a Vidhi is also seen
5
6

The Mimansa Principles of Interpretation by M. Katju

The Mimansa Principles of Interpretation by M. Katju

in the form of Arthavada 7. This situation has necessitated the need for evolving a system of
interpretation. Six axioms of interpretation have therefore been developed for the interpretation
of shastras.They are:
(i) The Sarthakyata axiom, which means that every word and sentence must have some meaning.
(ii) The Laghava axiom (Gauravahdoshah), which states that that construction which makes the
meaning simpler and shorter is to be preferred.
(iii) The Arthaikatva axiom, which states that a double meaning should not be attached to a word
or sentence occurring at one and the same place. Such a double meaning is known as a
Vakyabheda, and is a fault (dosh).
(iv) The Gunapradhan axiom, which states that if a word or sentence purporting to express a
subordinate idea clashes with the principal idea the former must be adjusted to the latter, or must
be disregarded altogether.
(v) The Samanjasya axiom 8which states that all attempts should be made at reconciliation of
apparently conflicting texts.
(vi) The Vikalpa axiom, which states that if there is a contradiction between two legal rules
having equal force then rules with higher legal norm is to be adopted.e.g. aShruti in relation to
Smriti, by the Badha principle 9 the former Shruti prevails.
It may be mentioned here that the Mimansaks made every effort to reconcile conflicts, and held
that Vikalpa was to be resorted to only if all other means of reconciliation failed, for Vikalpa had
eight faults (dosh).
Apart from the above mentioned axioms of interpretation there are the four well-known general
principles of interpretation in Mimansa. viz.:
(i) The Shruti Principle, or the literal rule.
(ii) The Linga principle (also called Lakshanaartha) or the suggestive power of words or
expressions.
(iii) The Vakya Principle, or syntactical arrangement, and
(iv) Prakarana, which permits construction by referring to some other text in order to make the
meaning clear.

8
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K.L. Sarkar: Mimansa Principles

K.L. Sarkar: Mimansa Principles
Lord Denning: The Discipline of Law

The first principle (Shruti) is to be resorted to if

(i)
(ii)

The meaning of the text is clear, and

It comes with the intention.

But there are texts whose meaning seems to be clear, but to give that literal meaning would
totally undermine its intention. For example, if a literal meaning is to be given to the English
law which forbade a layman to 'lay hands' on a priest, the layman who wounded a priest with a
weapon would not be doing anything illegal.
We see therefore that the literal rule will sometimes lead to absurdity and totally efface the
intention of the law. The Mimansaks were great intention seekers, and the Linga, Vakya and
Prakarana principles all aim at finding the intention of the law.

2.3 Application of Mimansa Principles 10

Mimansa Principles were used in different applications like marriage,adoption,inheritance and
succession.
Marriage:According to two schools of thought about Hindu law, Dayabhagaand Mitaksara,
Marriage was of eight kinds of which the first four were approved and the last four unapproved.
They were (i) Brahma: The best form of marriage in which the bride, decorated with armaments,
is given away to the bridegroom, who is learned and of good conduct, without requiring any gift
or present from him; (ii) Daiva: In this from of marriage the daughter is given away, as a
sacrifice, to the officiating priest; (iii) Arsa: This form of marriage is solemnized with a gift to
the bride in the form of two pairs of cows from the bridegroom; (iv) Prajapatya: In this form of
marriage the father offers his daughter to the bridegroom without receiving any present from
him, only with blessings that they might live happily and faithfully together; (v) Asura: This is
the form in which the bridegroom purchases the bride from her father or other paternal kinsmen;
(vi) Rakshasa: A type of marriage where the bridegroom forcibly carries away a crying girl after
assaulting or mutilating her relatives; (vii) Gandharva: A kind of marriage solemnized by mutual
consent and agreement between the bride and the bridegroom; (viii) Paisacha: The worst form of
marriage in which a lover secretly ravishes a maiden (without her consent) when she is asleep,
intoxicated or mentally deranged.
According to Dayabhagamimansa there is hardly any restriction on marriage of a Hindu male.
Divorce is not in law except on a very limited ground of chastity of wife. Wife and children are
however entitled to get maintainance from husband if left uncared for. A widow is also entitled
to get maintainance from father-in-law's estate if her husband has not left enough for her
maintanance.

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The Mimansa Principles of Interpretation by M. Katju

Adoption : There are two motives in adopting a son; viz. (i) to perform orbitual rites is honour
of the adoptive father and his ancestors, (ii) to be the successor of the adoptive father. Any
sonless man may adopt a son; 'sonless' implies the absence of son, grandson and great-grandson.
Except for a Sudra, one cannot adopt a daughter's son or a sister's son. A person's single son
cannot be given in adoption. A woman cannot give away a son without the permission of her
living husband. If the husband is dead, she can do so in the absence of prohibition by the
husband. An adopted son is placed on equal footing with a natural son.
Inheritance and succession 11: There is a basic difference between Dayabhaga and
Mitaksaramimansa in law of inheritance which are: (i) Dayabhaga does not recognise birth-right
to property, Mitaksara does so(ii) In Dayabhaga, members of a joint family hold shares in quasiseveralty; they can dispose of them even before partition; (iv) In Dayabhaga, even in an
undivided family, the widow takes the share of her husband dying childless; in Mitaksara, she
cannot do so.
Persons deprived of inheritance:The following are some of those who are not entitled to share in
properties: impotent, born blind, born deaf, lunatic, idiot, dumb, having deformed limbs,
apostate, son of an apostate, incurably diseased, leper, renouncer of worldly life, renegade. A
Hindu converted to other religion cannot inherit if the succession opens after conversion. If a
Hindu widow remarrys she has to give up the property or right she had received from the
previous husband.

2.4 Instance and analysis

Instance: This case happened in Uttar Pradesh India .The controversy in this case was that if in a
competitive examination two candidates got equal marks whether the candidate who got more marks in
the oral interview should be placed higher in the select list or the candidate who got more marks in the
written test.
Verdict:
It was held in this case that the candidate who got more marks in the written test should be
placed higher because to interpret general suitability on the basis of marks in the written test is a
short and simple interpretation and provides a clear objective test, whereas the criteria in the oral
interview involves consideration of the candidate's personality, dress, physique, etc. which is
complicated and in which there are more chances of favoritism .This used the Laghava Principle
which states that that construction which makes the meaning simpler and shorter is to be
preferred.

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K.L. Sarkar: Mimansa Principles

CHAPTER - 3
3.1 CONCLUSION
The Mimansa system is ritualistic. Its entire emphasis is on performance of the Yagya for
spiritual or worldly benefit. The Mimansa Principles of Interpretation arose out of practical difficulties in
performing the yagyas. The Brahmanas written in Vedic Sanskrit was difficult to because of which
principles of interpretation had to be evolved to determine the rules for yagya practices.
We see that there are two reasons for the application of Mimansa principles to law : (1) The Mimansa
Rules deal with the Brahmana portions of the shruti (2) Mimansa is a practical subject, and the law, too,
being practical was inclined to incorporate them.For several years different forms of interpretation came
into practice in Hindu community but out of which Mimansa is considered to be more coherent,rational
and with imperical importance.
Even now in several instances we use these principles in day to day life.These principles are so rational
and scientific that in spite of their originating in religious practices they gradually came to be used in
other fields like Law, Philosophy etc. elevating them to the status of rules of universal application.
The Mimansa principles were originally evolved for interpreting the religious texts pertaining to the
Yagyas. So all of them may not be relevant for interpreting legal texts.

CHAPTER - 4
4.1BIBLIOGRAPHIES
1.The Mimansa Principles of Interpretation byM. Katju web article as dated on Friday, 17
February 2012
http://justicekatju.blogspot.com/2012/02/mimansa-principles-of-interpretation-ii.html
2. Nepal: Federalism, Justice, & Law Enforcement By PrakashBom web article .
http://www.globalpolitician.com/print.asp?id=4004
3. K.L. Sarkar: Mimansa Principles
4. Lord Denning: The Discipline of Law

4. Derrett: Introduction to Modern Hindu Law