SOURCES OF HINDU LAW 2013

INTRODUCTION

“Hindu law has the oldest pedigree of any known system of jurisprudence, and even now it
shows no sign of decrepitude.”-

Henry Mayne.

Hinduism is a way of life, a Dharma. The word Dharma is derived from the Sanskrit word
“dhri” which means “to hold together.” Those who profess the Hindu Dharma and seek to
follow it are guided by spiritual, social, legal and moral rules, actions, knowledge and duties
which are responsible for holding the human race together. Dharma does not mean religion: it
is the law that governs all actions. Hindu Dharma is also known under other names such as
Sanatan Dharma (Sanatan means eternal and all-pervading) and Vedic Dharma (Dharma
based on the Vedas).The Hindu religion not only consists of rules encompassing the rights
and duties of kings and warriors, but also provides norms of Desa Dharma that govern inter-
State relations.

Hinduism is based on numerous texts. Because Hindus are considered to have the authority
to introduce new elements and ideas into their religion, countless volumes of commentaries,
traditions and teachings exist. The primary sources of Hinduism are Sruti and Smriti. Sruti
literally means what is heard, while Smriti designates what is remembered. In this regard,
Sruti is revelation and Smriti tradition. Srutis are the four Vedas, the Rig Veda, Sam Veda,
Yajur Veda and Atharva Veda. Each Veda consists of four parts: the Samhita (hymn), the
Brahmana (rituals), the Aranyakas (interpretations) and the Vedanta (Upanishads).The
Bhagavad Gita (“The Lord’s Song”; c. 200 BC), part of the epic poem Mahabharata, is the
most influential Hindu text. Manu, Yajnavalkya and Prasara are the most celebrated law-
givers of ancient India; the Smritis are named after them. There are eighteen main Smritis or
Dharma Sastras. Hindu jurisprudence regards the Smritis as the foundation of law. The epic
poems Mahabharata and Ramayana are also a source of law in various situations. The Sruti,
Smriti and Dharma Sastras prescribe the rules for society based on Dharma; the laws of war
can be singled out from them.

From thousands of years people living in the Indian subcontinent have been leading their
lives by following the guidelines and concepts given in the Vedas. These guidelines have
evolved into rules followed by the people and enforced by the rulers and have thus become de

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facto law. In this modern time, the same laws have been retrofitted to suit present conditions
and have been codified in the form of several acts of which the important ones are - Hindu
Marriage Act 1955, Hindu Adoption and Maintenance Act 1956, Hindu Minority and
Guardianship Act 1956, and Hindu Succession Act 1956.

SOURCES OF HINDU LAW

1. ANCIENT SOURCES

I. SHRUTIS
II. SMRITIS
III. DIGESTS AND COMMENTORIES
IV. CUSTOMS
2. MODERN SOURCES

I. LEGISLATION
II. PRECEDENTS
III. PRINCIPLES OF JUSTICE AND EQUITY

SOURCES OF HINDU LAW

The phrase “source of law” has several connotations. It may be the authority which
issues rules of conduct which are recognized by Courts as binding. In this context, ‘source
of law’ means ‘the maker of law’. It may mean the social conditions which inspires the
making of law for the governance of the conditions. In this context it means ‘cause of
law’. It may also mean in its literal sense the material from which the rules and laws are
known. In this sense the expression means the ‘evidence of law’ and it is in this sense that
the expression ‘source of law’ is accepted in Jurisprudence.

The sources of Hindu law are (1) the Smrities or the Dharmasastras, (2) the
commentaries and the Digest, and (3) Custom. The enactments of the legislature declaring
or altering rules of Hindu law have now become an additional source where the Smrities
and the commentaries are silent or obscure, the principles of justice, equity and good
conscience are now, as in ancient Hindu law, available within limits to supplement the
rules of Hindu law. Decisions of courts have sometimes been referred to as an additional
source, but strictly speaking the court does not make law but only ascertain and interpret

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them. However the Supreme Court has observed in Luhar Amritlal vs. Doshi Jayantilal1
that the judicial decisions have become part and parcel of the Hindu law as is
administered today and when there is an exposition to decide the question afresh with
reference to conflicting texts.

For the sake of clarity, it would be convenient to classify the various sources of Hindu
law under the following two heads.

(A) Ancient Sources- Ancient sources include the Shruti or Vedas, Smritis or
Dharmashashtras, commentaries & Digests and custom and usages;
(B) Modern Sources- Modern sources include the legislation, judicial decisions and
justice, equity and good conscience.

1. ANCIENT SOURCES
1.1 THE SRUTIS OR VEDAS

Max Müller in an 1865 lecture stated-

"In no country, I believe, has the theory of revelation been so minutely elaborated as in India.
The name for revelation in Sanskrit is Sruti, which means hearing; and this title distinguished
the Vedic hymns and, at a later time, the Brahmanas also, from all other works, which
however sacred and authoritative to the Hindu mind, are admitted to have been composed by
human authors. The Laws of Manu, for instance, are not revelation; they are not Sruti, but
only Smriti, which means recollection of tradition. If these laws or any other work of
authority can be proved on any point to be at variance with a single passage of the Veda,
their authority is at once overruled. According to the orthodox views of Indian theologians,
not a single line of the Veda was the work of human authors. The whole Veda is in some way
or the other the work of the Deity; and even those who saw it were not supposed to be
ordinary mortals, but beings raised above the level of common humanity, and less liable
therefore to error in the reception of revealed truth. The views entertained by the orthodox
theologians of India are far more minute and elaborate than those of the most extreme
advocates of verbal inspiration in Europe. The human element, called paurusheyatva in
Sanskrit, is driven out of every corner or hiding place, and as the Veda is held to have existed
in the mind of the Deity before the beginning of time..."

1
AIR 1960 SC 964

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It is believed that Hindu law is a divine law. It was revealed to the people by God through
Vedas. Various sages and ascetics have elaborated and refined the abstract concepts of life
explained in the Vedas.

Sruti means that which was heard. So who heard it? Many Rishis (experienced of eternal
truth) heard this “truth” in deep meditation in the Himalayas many thousands of years ago.
However the truth was so vast and diverse it was impossible to put everything down in the
order they heard it so they compiled it and formed an organized set of scriptures called the
Vedas.

It refers to the oral tradition, and is derived from the root ‘shru’ which means ‘to hear’. It is
considered to be the primary source of Hindu Law and is believed to be ―the language of the
divine revelation through the sages. When we talk of the shrutis, the Vedas are also said to be
included. The four Vedas— Rig Veda, Yajurva Veda, Sama Veda, and Atharva Veda — are
considered to be the repository of all knowledge. Each Veda has three components: Samhita,
which consists mainly of the hymns; Brahmin, which enumerates our duties and means of
performing them; and Upanishad, which contains the essence of these duties.

The six vedanags (appendages to the Vedas) and the eighteen Upanishad dealing chiefly with
religious rites and means of attaining true knowledge or Moksha or Salvation. Vedas are
ultimate traditional source of law. The Rig-Veda is the oldest in origin and consists of hymns
and songs in praise of the forces of nature. The Yajurveda deals with rituals and sacrifices
and the mantras in this connection. The Samveda contains prayer composed in metre and set
to music. The Atharvaveda is devoted to magic, spells and incantations. These Vedas contain
the fundamental principles of Hindu law and supposed to contain the direct words of the
revelation, and thus held to be infallible. The vedangas are appendages to the Vedas. They
contains very little of law, properly so called.

The Vedas

These are the most ancient religious texts which define truth for Hindus. They got their
present form between 1200-200 BCE and were introduced to India by the Aryans. Hindus
believe that the texts were received by scholars direct from God and passed on to the next
generations by word of mouth. Vedic texts are sometimes called Shruti, which means
hearing. For hundreds, maybe even thousands of years, the texts were passed on orally.

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Contents of the Vedas

The Vedas are made up of four compositions, and each Veda in turn has four parts which are
arranged chronologically.

The Samhitas – literally "collections," in this case of hymns and mantras. They form the
Veda proper.

The Brahmanas – prose manuals of ritual and prayer for the guiding priests. They tend to
explain the Samhitas. They also contain early versions of some stories.

The Aranyakas – literally "forest books" for hermits and saints. They are philosophical
treatises.

The Upanishads – books of philosophy, also called "Vedanta," the end or conclusion of the
Vedas.

The Samhitas

Rig-Veda Samhita (c. 1200 BCE) is the oldest of the four Vedas and consists of 1028 hymns
praising the ancient gods.

Yajur-Veda Samhita is used as a handbook by priests performing the Vedic sacrifices.

Sama-Veda Samhita consists of chants and tunes for singing at the sacrifices.

Atharva-Veda Samhita (c. 900 BCE) preserves many traditions which pre-date the Aryan
influence and consists of spells, charms and magical formulae.

There are also two important bodies of supplementary literature, related closely to the Vedas
themselves. They are:

The Vedangas, which expound the sciences required to understand and apply the Vedas.

The Upavedas (usually considered Smriti) which deal with the four traditional arts and
sciences.

The Six Vedangas (limbs of the Vedas)

Kalpa (ritual detail)

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Siksha (pronunciation)

Vyakarana (grammar)

Nirukti (etymology)

Chandas (metre)

Jyotisha (astronomy/astrology)

The Four Upavedas (following the Vedas) explain arts and sciences-

Ayur-veda (medicine)

Gandharva-veda (music and dance)

Dhanur-veda (warfare)

Shilpa-veda (architecture)

The Upanishads

The Upanishads were so called because they were taught to those who sat down beside their
teachers. (upa-near, ni-down, shad-sit). These texts developed from the Vedic tradition, but
largely reshaped Hinduism by providing believers with philosophical knowledge. The major
Upanishads were largely composed between 800-200 BCE and are partly prose, partly verse.

Later Upanishads continued to be composed right down to the 16th century. Originally they
were in oral form. The early Upanishads are concerned with understanding the sacrificial
rites. Central to the Upanishads is the concept of Brahman; the sacred power which informs
reality. Whilst the priests (Brahmins) had previously been the ones who, through ritual and
sacrifice, had restricted access to the divine, now the knowledge of the universe was open to
those of the high and middle castes willing to learn from a teacher.

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1.2 THE SMRITIS OR DHARMASHASTRAS

The word “Smritis” literally means “What is remembered”. The Smritis are considered to
be human works — the ideas that the sages wrote down from their memory in their own
words. Smritis were recollected and created by the inspired sages and is believed to be based
on the losts texts of the Vedas, although not in the exact language of the revelation. The
Smritis are considered to have emanated from the deity in the sense that though they are not
in the very words of God, but embody what the sages remembered from revelation. Their
authors do not claim to be divinely inspired, but being perfectly familiar with the Vedas they
profess to compile from memory the divine rules handed down by tradition. The Smritis thus
imply human agency in the declaration of law, which is both substantive as well as
procedural. So we can say that Smrities are of human origin. Dharma sutras and
Dharmashastras are the two kinds of Smritis. While the former is in the form of prose (short
maxims), the latter is made up of small stanzas of poetry. Many of the renowned sages of
ancient India, including Manu (who is credited with giving Hindus their first laws), Vyas,
Vasishta, and Yama — though this list is far from exhaustive — are said to have penned the
Smritis. The rules laid down in Smritis can be divided into three categories: Achar (relating to
morality), Vyavahar (signifying procedural and substantive rules which the king or the state
applied for settling disputes in the adjudication of disputes), and Prayaschit (signifying the
penalty for commission of a wrong).

The Smritis constituted one of the principal sources of classical Hindu law. The smritis are
many in number. Among them, Manu’s Smiriti stand foremost. After him yajnavalkya,
Narada, Parahara and Brihaspati’s Smrities are more important for purposes of ascertaining
the law. The Smritis are of two kinds-

I. Dharma sutras

The Dharma sutras were written during 800 to 200 BC. They were mostly written in prose
form but also contain verses. It is clear that they were meant to be training manuals of sages
for teaching students. They incorporate the teachings of Vedas with local customs. They
generally bear the names of their authors and sometime also indicate the shakhas to which
they belong. Some of the important sages whose dharma sutras are known are: Gautama,
Baudhayan, Apastamba, Harita, Vashistha, and Vishnu.

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They explain the duties of men in various relationships. They do not pretend to be anything
other than the work of mortals based on the teachings of Vedas, and the legal decisions given
by those who were acquainted with Vedas and local customs.

Gautama - He belonged to Sam Veda School and deals exclusively with legal and religious
matter. He talks about inheritance, partition, and stridhan. Hardatta (AD 12 century) wrote a
commentary called the Mitakshara on the Gautama Dharma sutra.

Baudhayan - He belonged to the Krishna Yajurved School and was probably from Andhra
Pradesh. He talks about marriage, sonship, and inheritance. He also refers to various customs
of his region such as marriage to maternal uncle's daughter.

Apastamba - His sutra is most preserved. He also belonged to Krishna Yajurveda School
from Andhra Pradesh. His language is very clear and forceful. He rejected prajapatya form of
marriage. He also did not recognize secondary sons, not even an adopted son. He emphasized
that the Vedas were the source of all knowledge.

Vashistha - He was from North India and followed the Rig-Veda School. He recognized
remarriage of virgin widows. He holds the view that the custom of the Aryavrat must be
everywhere acknowledged as authoritative. Like Apastamba, he recognizes only six forms of
marriage and excludes from his reckoning the Paisacha and the Prajapatya. He states that an
assembly (Parishad) often should be constituted for settling disputes. Along with other
topics, he deals with marriage, sonship, adoption, inheritance, source of law and jurisdiction
of courts.

Vishnu- Vishnu’s work, the Vishnu Smiriti, is partly in an aphoristic style and partly in verse.
It deals with criminal law, civil law, marriage, sonship, adoption, inheritance, debt, interest,
treasure trove and various other topics. He denounces atheism and the study of irreligious
books.

Harita- Harita’s work is known as Harita-Smiriti. Harita is probably one of the early
exponents of law. From Visvarupa down to the latest writers on Dharmashastras, Harita is
quoted most profusely. The Harita Dharamsutra deals with the source of Dharma,
Brahmacharya, Snataks, householder, prohibition about food, impurity on birth and death,
duties of kings, rules of statecraft, court procedure, various principles of law, duties of
husband and wife, various kinds of penances, expiatory prayers and many other matters.

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II. Dharmashastras

Dharmashastras were mostly in metrical verses and were based of Dharma sutras. However,
they were a lot more systematic and clear. They dealt with the subject matter in three parts-

 Aachara : This includes the theories of religious observances,

 Vyavahar: This includes the civil law.
 Prayaschitta: This deals with penance and expiation.

While early Smritis deal mainly with Aachara and Prayaschitta, later Smritis mainly dealt
with Vyavahar. Out of may dharmashastras, three are most important. The three principal
Smritis are-

i. The code of Manusmritis. It was between 200 B.C and 200 A.D.
ii. The code of Yajnavalkya. It was between 200 B.C and 200 A.D.
iii. The code of Naradha. It was written 500 or 600 A.D.
i. Manusmriti

This is the earliest and most important of all. It is not only defined the way of life in India but
is also well known in Java, Bali, and Sumatra. The name of the real author is not known
because the author has written it under the mythical name of Manu, who is considered to the
first human. This was probably done to increase its importance due to divine origin.
Manusmriti compiles all the laws that were scattered in Presmriti sutras and Gathas. He was
a Brahman protagonist and was particularly harsh on women and sudras. He holds local
customs to be most important. He directs the king to obey the customs but tries to cloak the
king with divinity. He gives importance to the principle of 'danda' which forces everybody to
follow the law. Manusmriti was composed in 200 BC.

When the Manusmiriti was compiled, the Hindu concept of law was that ‘law is the king of
kings’. Manu also subscribes to the notion that the king is subordinate to law and that the
king is merely a law enforcer. But he tries to clothe the king with the divine authority and
seems to support the theory of divine right of kings. The time when Manusmiriti was written
were the times of the revival of Brahmanism. The Brahman sought the support of the king.
With a view to strengthening the hands of the king, the Manusmiriti tends to endow the king
with the divine authority. As a natural corollary to the strengthening of king’s position,

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Manu, while doing with the duties of the king, emphasizes the importance of danda, the
secular instrument in the hands of the king for enforcement of law.

Manu holds that danda alone governs the protected beings, protects them, watches over them
while they sleep; the wise declare it to be identical with law. Manu gives predominant
position to usage and custom. He enjoins: “Let everyone, therefore, who has due reverence of
the supreme spirits which dwell in him, diligently and constantly observe immemorial
custom”. Manu further says that while deciding a dispute, the king must enquire into the
custom of the locality, of the caste, of the guilds and that it is the duty of the king to decide
all cases which fall under eighteen titles of law according to the principles drawn from local
usage and from the sacred law. Sadachara (custom) is defined as the custom handed down in
regular succession from time immemorial, among the four chief castes and the mixed races of
the country. Pre-eminent position is given to custom by Manu, though his commentators are
divided in the view whether a custom repugnant to sacred law is valid or not.

Manu, being the protagonist to Brahminical revival, preached orthodox doctrines. He is

particularly harsh to women and sudras. He supports the dominant position of the Brahmanas
in the society. For instance, he holds the view that for the intentional killing of Brahmnas,
there is no Prayaschita, as no amounts of penance can redeem the sinner from the sin. If a
Sudra marries a Brahman woman, death is the only punishment for him.

There have been several commentaries on this Smriti. The main ones are: Kalluka's
Manavarthmuktavali, Meghthithi's Manubhashya, and Govindraja's Manutika.

ii. Yajnavalkya Smriti

Though written after Manusmruti, this is a very important smriti. Its language is very direct
and clear. It is also a lot more logical. He also gives a lot of importance to customs but hold
the king to be below the law. He considers law to be the king of kings and the king to be only
an enforcer of the law. He did not deal much with religion and morality but mostly with civil
law. It includes most of the points given in Manusmriti but also differs on many points such
as position of women and sudras. He was more liberal than Manu. This was composed in
around 0 BC.

Yajnavalkya does not subscribe to the theory of divine right of king, rather, he is opposed to
it. According to him, the king is subordinate to law. He enjoins on the king to be modest,

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even minded and righteous. To devote himself to the service of people and to look after the
administration of justice. On the other hand he holds the view that no one. Whether a brother,
a son or preceptor can escape from the punishment of the king, if he deviates from the
performance of his own duties.2 Thus Yajnavalkya strongly favours the power of danda that
the king enjoys as the principal law enforcer. Yet he does not want to clothe him with any
divine authority to rule. Yajnavalkya mentions the king power of issuing edicts or ordinances,
the Rajyashasanas, but he does not lend them the pre-eminent position that is ascribed to
them by Narada. Like Manu, Yajnavalkya attaches importance to custom. He says, “One
should not practice that which, though ordained by the Smiriti, is condemned by the people.”3

Yajnavalkya, though a follower of traditional conservatism in many matters, was a liberal

sage. We do not find the same orthodoxy and sternness in his work as we find in Manu’s.
there are many passages in the Yajnavalkya which show a remarkable agreement with Manu,
yet there are several points on which Yajnavalkya differs from Manu and shows in general a
more advanced state of thought and feeling than Manu.4 On the matter of status of sudras and
women, on the women’s right to hold or inherit property, he holds liberal views. Similarly, he
takes a liberal view of the criminal penalties.

Punishment for various offences prescribed in the Yajnavalkya Smriti is less severe than that
prescribed by Manu. Probably there was some unseen influence of the enlightened
philosophy of Buddhism. Yet, it should not be overlooked that Yajnavalkya was for revival of
Brahmanism. The philosophical doctrines propounded in the third section approached very
closely to that phase of the Vedanta that was taught by Shankara.

Vijnaneshwar's commentary 'Mitakshara' on this Smriti, is the most important legal treatise
followed almost everywhere in India except in West Bengal and Orissa.

iii. Narada Smriti

Narada was from Nepal and this smriti is well preserved and its complete text is available.
This is the only smriti that does not deal with religion and morality at all but concentrates
only on civil law. This is very logical and precise. In general, it is based on Manusmriti and

2
Yajnavalkya Smriti I, 358
3
Yajnavalkya Smriti I, 156
4
Kane, 180

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Yajnavalkya smriti but differ on many points due to changes in social structure. He also gives
a lot of importance to customs.

This was composed in 200 AD.

The most remarkable feature of the NaradaSmriti is that it is very systematic and exhaustive
treaties on rules of law. Narada was bold in accepting the changes that occurred during his
period and does not hesitate in differing from his predecessors. He formulated and declared
new rules which came into existence on account of social, economic and political change of
his times.

At the time when NaradaSmriti was composed, Harshvardhan had established his rule in the
Aryaverta. Since the rule of Mauryas it was felt that the need of the empire required that the
king should have some law-making power. Many edicts and ordinances were promulgated by
the kings. Narada was bold enough to recognize this and gave it judicial formulation. The
Narada Smiriti is, therefore first of the Dharmshastra which recognizes not merely the king’s
power of making law but also that the law made by the king overrides the sacred law and
custom. However, Narada does not sanction unlimited law-making power to the king. The
king is still enjoined to remain within the framework of sacred law. Yet, the fact remains that
for the first time in history of Hindu law, a sage proclaimed that king has law-making power
and the king-made law overrides everything else. Narada also holds the view, “Be whatever,
the king is to be obeyed.” He confers adequate powers on the king to punish the offenders.
“As the king has obtained lordship, he must be obeyed. Polity depends on him.”5

Side by side with this view, Narada says that “custom decides everything and overrules the
sacred law. Even before Narada, the importance of custom had been recognized. Most of the
sages held that view, that the king, as administrator of justice, should decide disputes in
accordance with custom. But it seems most of them look the view that custom is
supplementary to sacred law. At any rate, no sage in clear terms laid down that custom
overrides the sacred law. Narada for the first time said so categorically.

As compared to other sages, Narada was a progressive sage. Narada confers rights on women
to hold and inherit property. He is not as harsh to sudras as Manu is. He also recognizes that

5
Narada Smiriti, XVIII, 24

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in certain circumstances a woman can leave her husband and take another. He condemned
usury.

The Narada Bhashya is a well-known commentary by Ashaya on the Naradasmiriti.

There are other Smiritis also but these are not available to us in their entirety. Among them
mention may be made of the Smiritis of Parasara, Brihaspati and Katyayana. There are others
about which we know only from Digests and Commentaries where reference to these has
been made. Of these Smiritis, important ones are of Vyasa, Samvarta and Devala.

3. THE COMMENTARIES AND DIGESTS

After 200 AD, most of the work was done only on the existing material given in Smirits. The
work done to explain a particular smriti is called a commentary. Commentaries were
composed in the period immediately after 200 AD. Digests were mainly written after that and
incorporated and explained material from all the smriti. As noted earlier, some of the
commentaries were manubhashya, manutika, and mitakshara. While the most important
digest is Jimutvahan's Dayabhag that is applicable in the Bengal and Orissa area.

Mitakshara literally means 'New Word' and is paramount source of law in all of India. It is
also considered important in Bengal and Orissa where it relents only where it differs from
dayabhaga. It is a very exhaustive treaties of law and incorporates and irons out contradicts
existing in Smritis.

The basic objective of these texts was to gather the scattered material available in preceeding
texts and present a unified view for the benefit of the society. Thus, digests were very logical
and to the point in their approach. Various digests have been composed from 700 to 1700
AD.

Commentaries and digests (nibandhs) cover a period of more than one thousand years, from
the seventh century to 1800 A.D. A lot of these works are devoted to explaining and
reconciling the contradictions in the Smritis, and in that light, are akin to modern scholarly
journals. The different schools of Hindu Law arose because different authorities wrote
differing versions and gave interpretations of the law. Dayabhaga and Mitakshara are the two
major schools of Hindu Law.

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Commentaries on Manusmiriti

Most honoured commentaries on the Manusmiriti are by Medhatithi, Govindraja and kulluka
Bhatta. Ashaya and Vishnuvamin also wrote commentaries on the Manusmiriti but they are
not available to us.

Medhatithi- the appropriate date of this commentary is A.D. 825-900. This is earliest extent
commentary on the Manusmiriti. On the whole Medhatithi’s comments dependable and
instructive. He is a perfect master of the Mimansa rules, and his legal acumen is admirable.
At times he reports to general propositions and exposes himself to the attack of begging the
question. The name of his commentary is the Manubhashya.

Govindraja- the manutika of Govindraja was written in A.D. 11th or 12th. According to Dr.
Jolly the work is very useful of the interpretation of the text. As it contains a full paraphrase
of the text and is marked by conciseness of expression and phi logical accuracy.6 Mr. Justice
Desai says: “There is not much subtlety in the work though there is depth. He is particularly
analytical and pedestrian but sound in his exposition”7

kulluka Bhatta- The Manvarthamuktavali by Kuliuka is the most famous of all commentaries
on Manu. According to Kane, “kulluka’s commentary is concise and lucid and his remarks
are always to the point. He avoids all unnecessary discussion and is never prolix. He was,
however not original. He drew upon the commentaries of Medhatithi and Govindaraja and
incorporated a great deal from them into his work without acknowledgement”8. He frequently
pours ridicules on Govindraja and is critical of him and Medhatithi. According to Kane, his
work belongs to about A.D. 1250.

Commentaries on Yajnavalkya Smiriti

Commentaries on the Yajnavalkya-Smiriti are as numerous as on the Manusmiriti. Of these,

mention may be made of commentaries of Visvarupa, Vijnaneshwara, Apararka, Shulapani
and Mitra Mishra.

6
Jolly L & C. 66.
7
Mulla (14th Ed.)
8
Kane, 359-60.

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Visvarupa- Visvarupa’s commentary named as Balakrida is the earliest commentary on the

Yajnavalkya-Smiriti and belongs to 9th century A.D. According to Kane, “The style of
Visvarupa is simple and forcible and resembles that of the great Sankaracharya. He quotes
profusely from the Vedic works, the Brahmanas and the Upnishads. His work is thoroughly
saturated with the love of the Puruvamimansa. He quotes Jaimini by name. throught his work
he relies mimansa maxims and methods of discussion. In his philosophical view he is most
akin to Shankara”.9

Vijnaneshwara- of all the commentaries, Vijnaneshwara’s commentary, the Mitakshara, is by

far the most important and the most outstanding one. The age of the work of considered to be
the later part of the 11th century. Vijnaneshwara belonged to South India. “ This far seeing
jurist and statesman by practically freeing Hindu law from its religious fetters and making it
readily acceptable to all communities in all parts of India, established it on new foundation.”
Mitakshara has been accepted throught the country, except in Bengal, as the highest
authority, and even in Bengal it is of high authority, only yielding to the Dayabagha on those
points where they differ. The Mitakshara according to Kane “represents the essence of the
Dharamshastra speculation that preceded it for about two thousand years and it became the
fountain head from which flowed fresh streams to exigencies and development. The
Mitakshara is not only a commentary explanatory of the verses of Yajnavalkya, but it is in the
nature of a digest of Smiriti material. It brings together numerous Smiriti passages, explains
away contradictions among them by following the rules of interpretation laid down in the
Purvamimansa system.

The word “Mitakshara” literally means, ‘a new words’. And the Mitakshara is generally
concise and to the point. The jurist has meant his work to be a synthesis of Smiriti texts, and
therefore whenever he has felt the need, he has expanded his commentary to enormous
length. Such has been the importance of the Mitakshara that several commentaries were
written on it. The most famous of these are by Visvesvara, Nandapandita and Balambhatta;
Kane places the Mitakshara at between A.D. 1100-1120.

Aparaka- Aparaditya is another important commentary on the Yajnavalkya-Smiriti written in

12th century A.D. by Aparaka. His work is of paramount authority in Kashmir. Aparaka work
is not a mere commentary but it is in the nature of a digest. It is far more voluminous than the

9
Kane 253.

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Mitakshara. It is said, “Aparaka is much inferior to the Mitakshara in lucid exposition, in

dialectic skill, in subtlety of argument, in the ordered presention of heterogeneous material.

Mitra Mishra- Mitra Mishra wrote commentary on Yajnavalkya and also separate treaties.
Both of them are known as the Viramitrodaya, he closely follows the Mitakshara and
throught the Mitakshara jurisdiction the authority of the Viramitrodaya is high. The work
was probably composed between A.D. 1610-1640. The author has handled the subject
competently with wealth of learning. With great attention to detail and Dharamshastra and
covers all branches. The Viramitrodaya deals with some of the points which were left
doubtful by Vijnaneshwara. This work supplements many gaps and ommissions in the earlier
commentaries and illustrates and elucidates with logical preciseness the meaning of doubtful
prescriptions. It is declaratory of the law of the Benares School.

CUSTOMS

As stated by Mayne in his treatise on `Hindu Law & Usage’ :

“Hindu law is the law of the Smritis as expounded in the Sanskrit Commentaries and Digests
which, as modified and supplemented by custom, is administered by the courts.”

Finally, we come to custom, which can be understood as a practice that has been followed for
such a long time that it has acquired the force of law. In many aspects, a custom is said to be
superior to written law. You may have noticed the ubiquity and the importance of custom in
your own family, where rituals and rites have been handed down from generation to
generation and are unwavering. Customs can be local, based on the class, and familial. But
can every practice become a custom? No. For a practice to be considered to be a custom —
and thereby, a source of law — it must be:

 Ancient;
 Certain and unambiguous;
 Free of technicalities;
 Not illegal, immoral, or against public policy; and
 Should have been continuously and uniformly followed for a long time.

Most of the Hindu law is based on customs and practices followed by the people all across
the country. Even smriti have given importance to customs. They have held customs as

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transcendent law and have advised the Kings to give decisions based on customs after due
religious consideration. Customs are of four types:

1. Local Customs - These are the customs that are followed in a given geographical area. In
the case of Subbane vs. Nawab10, Privy Council observed that a custom gets it force due to
the fact that due to its observation for a long time in a locality, it has obtained the force of
law.

2. Family Customs - These are the customs that are followed by a family from a long time.
These are applicable to families where ever they live. They can be more easily abandoned
that other customs. In the case of Soorendranath vs. Heeramonie11 and Bikal vs.
Manjura12, Privy Council observed that customs followed by a family have long been
recognized as Hindu law.

3. Caste and Community Customs - These are the customs that are followed by a particular
cast or community. It is binding on the members of that community or caste. By far, this is
one of the most important source of laws. For example, most of the law in Punjab belongs to
this type. Custom to marry brother's widow among the Jats is also of this type.

4. Guild Customs - These are the customs that are followed by traders.

Requirements for a valid custom

1. Ancient: Ideally, a custom is valid if it has been followed from hundreds of years. There is
no definition of ancientness, however, 40yrs has been determined to be an ancient enough. A
custom cannot come into existence by agreement. It has to be existing from long before.
Thus, a new custom cannot be recognized. Therefore, a new form of Hindu marriage was not
recognized in Tamil Nadu.

In the case of Rajothi vs. Selliah13, a Self-Respecter’s Cult started a movement under which
traditional ceremonies were substituted with simple ceremonies for marriage that did not
involve Shastric rites. HC held that in modern times, no one is free to create a law or custom,
since that is a function of legislature.

10
1947 Lahore
11
1973 Patna
12
ibid
13
(1966) 2 MLJ 40

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2. Continuous: It is important that the custom is being followed continuously and has not
been abandoned. Thus, a custom may be 400 yrs. old but once abandoned, it cannot be
revived.

3. Certain: The custom should be very clear in terms of what it entails. Any amount of
vagueness will cause confusion and thus the custom will be invalid. The one alleging a
custom must prove exactly what it is.

4. Reasonable: There must be some reasonableness and fairness in the custom. Though what
is reasonable depends on the current time and social values.

5. Not against morality: It should not be morally wrong or repugnant. For example, a
custom to marry one's granddaughter has been held invalid.

In the case of Chitty vs. Chitty 1894, a custom that permits divorce by mutual consent and by
payment of expenses of marriage by one party to another was held to be not immoral. In the
case of Gopikrishna vs. Mst Jagoo14 a custom that dissolves the marriage and permits a wife
to remarry upon abandonment and desertion of husband was held to be not immoral.

6. Not against public policy: If a custom is against the general good of the society, it is held
invalid. For example, adoption of girl child by nautch girls has been held invalid. In the case
of Mathur vs. Esa, a custom among dancing women permitting them to adopt one or more
girls was held to be void because it was against public policy.

7. Not against any law: If a custom is against any statutory law, it is invalid. Codification of
Hindu law has abrogated most of the customs except the ones that are expressly saved. In the
case of Prakash vs. Parmeshwari15, it was held that law mean statutory law.

Proof of Custom

The burden of proving a custom is on the person who alleges it. Usually, customs are proved
by instances. In the case of Prakash vs. Parmeshwari,16 it was held that one instance does
not prove a custom. However, in the case of Ujagar vs. Jeo, it was held that if a custom has
been brought to notice of the court repeated, no further proof is required. existence of a

14
1936
15
AIR 1952 P H 34
16
ibid

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custom can also be proved through documentary evidence such as in Riwaz-i-am. Several
treaties exist that detail customary laws of Punjab.

Usage and Custom

The term custom and usage is commonly used in commercial law, but "custom" and "usage"
can be distinguished. A usage is a repetition of acts whereas custom is the law or general rule
that arises from such repetition. A usage may exist without a custom, but a custom cannot
arise without a usage accompanying it or preceding it. Usage derives its authority from the
assent of the parties to a transaction and is applicable only to consensual arrangements.
Custom derives its authority from its adoption into the law and is binding regardless of any
acts of assent by the parties. In modern law, however, the two principles are often merged
into one by the courts.

MODERN SOURCES

The most important modern sources of law are the legislation passed by the Parliament of
India. As we studied earlier in this Unit, various aspects of Hindu Law have been codified in
legislation such as The Hindu Marriage Act, 1955, The Hindu Adoptions and Maintenance
Act, 1956, The Hindu Minority and Guardianship Act, 1956, and The Hindu Succession Act,
1956. In this Course, apart from looking at Muslim Law, Parsi Law and Christian law, we
will also study the three enactments listed above. Succession Law will be dealt with in a
separate Programme. Once enacted, the codified law is considered to be final, and is said to
override prior customs, unless the Act itself provides otherwise.

Precedents are also referred to as ‘judge-made law’. Judgments of the Supreme Court are
binding on all courts (and itself), and the judgments of the higher courts are binding on the
lower courts. This way, when a court considers a particular aspect of Hindu Law and
provides a judgment, all courts are bound to follow this decision and the law is said to be
decided. Finally, in cases where there is no existing rule or law that can be applied to a
problem that comes up before the Court, principles of justice, equity, and good conscience
are to be kept in mind while resolving a dispute. Fairness and propriety are to be considered
as the basic guiding factors.

This reliance on principles of justice, equity, and good conscience forms the basis of natural
law theory.

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(a) Judicial Decisions:

Judicial decisions pronounced by the courts upon the various points have also developed as
sources of law.

Now all the important points of Hindu law are found in the law reports. Since the laws
propounded by the courts have the effect of superseding the commentaries, they have
assumed greater importance. The decisions of Privy Council and Supreme Court are binding
on all the courts including High Courts. The decisions of the High Court are not binding on
any other High Court although they are binding on the courts subordinate thereto.

Thus the decisions of Privy Council, Supreme Court and those of the High Courts constitute
precedents to become important source of law. Bose, J. observed:

“The laws we are administering are judge-made laws. The ancient sages said nothing about
the present matter and even where they often spoke with conflicting voices, and when they did
it, sometimes spoke so enigamatically that the learned and able commentators were unable to
agree as to what they meant. In the circumstances it is the courts which have moulded the
Hindu law and made it, what it is today.”

The law relating to adoption prior to the Hindu Adoption and Maintenance Act, 1956, the law
delimiting the pious duty of the son to pay the father’s debts to the extent of ancestral
property, inherited by him, recognizing the coparcener’s power to alienate his shares in the
joint-family property prior to partition in certain provinces, restricting the definition of
Stridhan and women’s right, are some of numerous instances where the judges of the Privy
Council have modified, or altered the law either on account of their ignorance of Sanskrit
language or owing to their enthusiasm to introduce the rules of equity and good conscience to
the original law. The judicial decisions have, thus, immensely affected the growth of Hindu
law.

(b) Legislation:

Legislation is the modern source of Hindu Law and has a colossal importance, in the
evolution of modem Hindu law. The legislations have the effect of reforming the law and in
certain respects have superseded the textual law. Prior to the British regime, Hindu law was
subjected to diverse practices in different parts of the country on account of differences in the

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commentaries and Digests. Codification of law in the light of changes which had taken place
in the course of time was a necessity.

The British Government itself passed certain Acts with a view to bring some reforms in
certain aspects of law. In post-independence era, legislations of far-reaching effect have
revolutionized the law relating to marriage, adoption, maintenance, succession, minority and
guardianship. Now the legislations have become potential source of law. The important
legislations which have modified, altered and supplemented the Hindu law are as follows:

(1) The Caste Disabilities Removal Act, 1850:

Under the Act a person renouncing his religion or losing his caste is not deprived of his rights
of inheritance.

(2) The Hindu Widow’s Remarriage Act, 1856:

The Act legalized remarriage of Hindu widow and made clear provisions with respect to their
rights and disabilities on remarriage.

(3) The Native Converts Marriage Dissolution Act, 1866:

The Act permitted Hindu converts to Christianity to get dissolution of marriage under certain
circumstances. Under the pure Hindu law marriage being considered a sacrament could not
be subjected to dissolution.

(4) The Special Marriage Act, 1872:

The Act permitted marriage between persons having different castes and different religions. It
was amended in 1923 and has been repealed by the Act 43 of 1954.

(5) The Indian Majority Act, 1875:

The Act fixes the age of majority on the completion of 18th years except in matters of
marriage and adoption, for which the rules of old Hindu law continued to apply.

(6) The Transfer of Property Act, 1882:

The Act superseded the Hindu law relating to the transfer of property excepting certain gifts.

(7) The Guardian and Wards Act, 1890:

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It provided for the appointment of guardian for the welfare of minors.

(8) The Hindu Disposition of Property Act, 1916:

It permitted bequests of property to an unborn person.

(9) Inheritance (Removal of Disabilities) Act, 1928:

The Act amended the Hindu Law relating to exclusion from inheritance of certain class of
heirs on account of physical defects.

(10) The Hindu Law of Inheritance (Amendment) Act, 1919:

It provided for a change in the order of heirs on intestate succession and created new female
heirs.

(11) The Indian Succession Act, 1925:

It modified the Hindu law relating to Wills.

(12) The Child Marriage Restraint Act, 1928 (Sharda Act):

It provided restraints on child marriages.

(13) The Hindu Gains of Learning Act, 1930:

The Act provided that any acquisitions made by a coparcener by means of learning special
skill or training are to be treated as his separate property. Prior to the Act property acquired
by a coparcener by the exercise of his professional skill or special training was regarded as
joint-family property, if the expenses of his training or education were met out of the joint-
family property or he was maintained out of the joint fund.

(14) The Hindu Women’s right to Property Act, 1937:

The Act improved the position of Hindu woman with respect to her right of inheriting the
coparcenary property. A widow became entitled to get a share in the coparcenary property
along with her son.

(15) The Arya Marriage Validation Act, 1937:

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The Act recognized the validity of inter-caste marriage current among the Arya Samajists,
whether Hindus or converts from other religions.

(16) The Hindu Marriage Disabilities Removal Act, 1946:

It has now been repealed by Hindu Marriage Act 25 of 1955.

(17) The Hindu Married Women’s Right to Separate Residence and Maintenance Act,
1946:

The Act permitted a Hindu wife to reside separately and to get maintenance from the husband
in certain cases.

(18) Hindu Marriage Validity Act of 1949:

It provided that a marriage between Hindus of different castes shall not be invalid only on the
ground that the parties thereto belonged to different castes, sub-castes or sects. In fact, it
legalized inter-caste marriages. Now the Act has been repealed by Hindu Marriage Act 25 of
1955.

(19) The Special Marriage Act, 1954:

The Act has validated the marriage between two persons who belonged to two different
religions.

(20) The Hindu Marriage Act, 1955:

The Act has completely overhauled the law relating to marriage between Hindus, including
Jain, Sikh and Buddhists.

(21) The Hindu Minority and Guardianship Act, 1956:

The Act has supplemented the law, already existing with respect to minors and guardian. It
has renovated the powers of Guardians of different kinds.

(22) The Hindu Succession Act, 1956:

The Act introduced some remarkable changes in the law of succession. It provided for the
equal rights of inheritance to Hindu females and granted absolute rights to them with respect
to a property acquired by them through any lawful means.

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(23) The Hindu Adoptions and Maintenance Act, 1956:

The Act has considerably changed the old law of adoption and maintenance and has
conferred the right on the Hindu female to adopt a child.

(24) Marriage Laws (Amendment) Act, 1976:

The Act has brought about some revolutionary changes in the existing Hindu Marriage Act of
1955. It introduced divorce by mutual consent, common grounds for judicial separation and
divorce and relaxation in the rigorous process of obtaining divorce.

(25) The Child Marriage Restraint (Amendment) Act, 1978:

The Act provided that the age of male should be 21 years and that of female 18 years at the
time of marriage.

(26) The Prohibition of Child Marriage Act, 2006:

The Act provided that the case of contravention of the condition specified in Clause (iii) of
Section 5 of the Hindu Marriage Act with rigorous imprisonment which may extend to two
years or with fine which may extend to one lakh rupees or with both.

(27) Indian Contract Act, 1872:

The Indian Contract Act supersedes the Hindu law of contract, except the rule of Damdupat
which lays down that interest exceeding the amount of the principal cannot be recovered at
any time.

(c) Justice, Equity and Good Conscience:

The principles of justice, equity and good conscience have been strong source of Hindu Law.
Virtually the introduction of this phraseology in Hindu law can be accredited to the modem
English judges. Necessity was felt by the judges to adopt certain principles of fairness and
justice in those cases where law became too much complicated on account of conflicting texts
or complete absence of law or judicial precedents on certain aspects of Hindu law. Rules of
justice, equity and good conscience were, thus made applicable in the administration of
Hindu Law to cases not governed by Smritis and the Commentaries.

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In Kanchava vs. Girimalappa17, (before the passing of the Hindu Succession Act, 1956).
it was laid down by the Privy Council that the murderer was disqualified from inheriting the
property of the victim. The rule of English law was applied to Hindu on grounds of justice,
equity and good conscience, and this was statutorily recognized in the Hindu Succession Act,
of 1956.

It is, however, to be noted that the principles of justice, equity and good conscience found
due recognition in the early Hindu Smriti era. An indirect reference to the principles of equity
0was found in Manu’s and Yajnavalkyas narration of sources of law where “what is
agreeable to one’s soul (good conscience)” has been suggested as ordained foundation of
law.

Brihaspati declared that there would be failure of justice if the decisions are given merely
according to the letters of Shasta’s and the principles based on reason are not taken into
consideration. Narada, on the other hand, said that in case of conflict between texts of
Dharmashastras on certain points that which is reasonable and appealing to conscience must
be taken as law.

Kautilya in his Arthashastra has clearly said that if Dharma text is found opposed to judicial
reasoning, the Dharma text failed and the authority of reason prevailed. Thus the
Dharmashastra writers have recognized the importance of the principles of equity for the
growth of Hindu Law.

17
AIR 1948 Bom. 569

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CRITICAL ANALYSIS OF THE SOURCES OF HINDU LAW IN THE LIGHT OF

SOME JUDICIAL DECISIONS

It is significant to note that the term ‘Hindu’ is not defined anywhere in terms of religion or
in any statute or judicial decisions. For the purpose of determining to whom Hindu Law
applies, it is necessary to know who is a Hindu and none of the sources expressly state so. At
most from statutes, we can get a negative definition of a Hindu which states that Hindu law
shall apply to those who are not Muslim, Christian, Parsi, Jew, etc. and who are not governed
by any other law.

According to Justice Markandey Katju, Hindu law does not originate from the Vedas (also
called Shruti). He vehemently asserts that there are many who propound that Hindu law
originated from the Shrutis but this is a fiction and in fact Hindu law originated from the
Smriti books which contained writings from Sanskrit scholars in ancient time who had
specialized in law.

The Shrutis hardly consist of any law and the writings ordained in the Smriti do not make any
clear-cut distinction between rules of law and rules of morality or religion. In most of the
manuscripts, the ethical, moral and legal principles are woven into one. It is perhaps for this
reason that according to Hindu tradition, law did not mean only in the Austinian sense of
jurisprudence and is objectionable to it; and the word used in place of ‘law’ was the Sanskrit
word ‘dharma’ which connotes religion as well as duty.

Although Dharmasutras dealt with law, they did not provide an anthology of law dealing
with all the branches of law. The Manusmriti supplied a much needed legal exposition which
could be a compendium of law. But according to Kane, “It is almost impossible to say who
composed the Manusmriti.” The very existence of Manu is regarded to be a myth by many
and he is termed as a mythological character.

Many critics assert that the word Smriti itself means that what is remembered and therefore
the validity or proof of the existing Smritis could be challenged. It cannot be said for certainty
that what the sages remembered was actually what was propounded.

Hindu law has generally been critiqued on the grounds that the Smritis and other customs
were generally extremely orthodox and against the favours of women. Hindu society thus has
always been a patriarchal society and women have always received subdued importance over

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men. Some also disapprove of the notions of caste-based system created by ancient Hindu
law from which emerged the ill-perceived practices of untouchability, etc.

The Smritis are admitted to possess independent authority but while their authority is beyond
dispute, their meanings are open to various interpretations and has been and is the subject of
much dispute. Till date, no one can say for sure the exact amount of Smritis which exist under
Hindu law. It is due to the abovementioned problems that the digest and commentaries were
established and various schools of Hindu law started to give birth.

The modern sources of Hindu law such as Justice, equity and good conscience have been
critiqued on the grounds that it paves the way for personal opinions and beliefs of judges to
be made into law. We have seen catena of cases where the decisions of the Court have been
criticised for want of proper reasoning. This also signifies the incompleteness of the laws
which exist.

The Supreme Court in most matters has ascertained the rules of Hindu law successfully but
there are couple of cases where they have interpreted the rules in their own light. One of the
gravest cases of the Supreme Court which deserves much criticism is the case of Krishna
Singh v. Mathura Ahir,18 the Allahabad High Court had rightly held that the discriminatory
ban imposed on the Sudras by the Smritis stands abrogated as it contravenes the Fundamental
Rights guaranteed by the Constitution.

However, the Supreme Court contradicted the above view and held that-

“Part III of the Constitution does not touch upon the personal laws of the parties. In applying
the personal laws of the parties one cannot introduce his own concepts of modern times but
should enforce the law as derived from recognised and authoritative sources of Hindu
law....except where such law is altered by any usage or custom or is modified or abrogated
by statute.”

It can be submitted with ease that the above view is contrary to all Constitutional theories and
is expressly in contradiction with Article 13. It is shocking to note that this judgment is yet to
be over-ruled in express terms.

18
(1981) 3 SCC 689

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Since the aegis of time, Hindu law has been reformed and modified to some extent through
legislations but these reforms have been half-hearted and fragmentary. The problem with
fragmentary reforms is that though reforms were made to change some aspects, their
implications on other aspects were over-looked. For example, the Hindu Women’s Right to
Property Act, 1937, was passed with a view to granting property rights to women but its
repercussions on the law of joint family was over-looked. The result was that fragmentary
reforms through legislations solved some problems but resulted in others.

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CONCLUSION

After Considering all the sources I come to the conclusion as we all knowthat Hindu Law is
considered to be divine law as it is strongly believed that the sages had attained some spiritual
dominion and they could communicate directly with God form whom we get the divine law.
But this is only an assumption and no concrete proof for the same is shown that the sages
could communicate with God (whose very existence is challenged by atheists). Due to this,
many communities are also suffering from the misapprehension or delusion that their
forefathers and messiahs had revelations from God.

Secondly the thing which I would like to state that Many people make the mistake of
considering various text books written by erudite scholars as sources of Hindu law. This is
because the Courts have decided many cases relying on these text books and quoted them for
reference. For example, Mulla’s Hindu Law has been quoted by many judges. In Bishundeo v.
Seogani Rai,19 Justice Bose giving the majority judgment stated that “The rule laid down in
Mulla’s book is expressly stated to be in cases where the position is not effected by a decree
of a competent Court.” The same has been the case with many other text books. It should be
made clear that text books are not sources of Hindu law and the authors have no authority to
lay down the law.

Justice A.M.Bhattacharjee strongly states that according to him he cannot think that “even a
staunch believer in any divine existence, transcendent or immanent, can believe in the 'divine
origin’ of Hindu law, unless he has a motive behind such profession of belief or has not read
the Smritis or is ready to believe anything and everything with slavish infidelity.”

It is also believed that all Hindu Law originated from the Vedas (also called Shruti).
However, in fact this a fiction, and in fact the Hindu law really emanated from books called
the Smritis e.g. Manusmriti, Yajnavalkya Smiriti and the Smritis of Vishnu, Narad, Parashar,
Apastamba, Vashisht, Gautam, etc. These Smirits were not laws made by parliament or some
legislature. They were books written by certain Sanskrit Scholars in ancient times who had
specialized in law. Later, commentaries (called Nibandhas or Tikas) were written on these
Smritis, e.g. the commentary of Vijnaneshwar (who wrote a commentary called Mitakshara
on the Yajnavalkya Smiriti), the commentary of Jimutvahan who wrote a book called the

19
AIR 1951 SC 280

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Dayabhaga (which is not a commentary on any particular Smriti but is a digest of several
Smritis), Nanda Pandit (whose commentary Dattak Mimansa deals specifically with the Law
of Adoption), etc. Commentaries were then written on these commentaries, e.g.
Viramitrodaya, which is a commentary on the Mitakshara (which founded the Banaras
School of Mitakshara). It is not necessary to go into further details about this as that would
not be necessary for this discussion.

There are many Smritis which are yet to be found according to Historians and many conflicts
of opinions and interpretations have arisen for the existing ones. There are also several areas
where Hindu law is silent.

At last I would like to conclude by saying that the present sources of Hindu law are
uninviting and the Legislature could look into sources and customs of other religions and
incorporate them into Hindu law if it caters to the need of the society and meets the test of
time.

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