Hindu Law is one of the oldest systems of personal jurisprudence in the world, governing personal relationships like marriage, adoption, maintenance, and succession for those defined under its jurisdiction.
1. Statutory Applicability: Who is a Hindu?
Under Section 2 of the Hindu Marriage Act, 1955, the term "Hindu" is applied broadly to three categories of persons:
- By Religion: Any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj, or any person who is a Buddhist, Jain, or Sikh by religion.
- By Birth: Any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains, or Sikhs; or one of whose parents is a Hindu, Buddhist, Jain, or Sikh, and who is brought up as a member of that tribe or community.
- By Conversion: Any person who is a convert or re-convert to the Hindu, Buddhist, Jain, or Sikh religion.
2. Sources of Hindu Law
The rules of Hindu Law are derived from both ancient traditional texts and modern legal mechanisms:
A. Ancient Sources
- Shruti (Hearing): The primary divine revelation, representing the four Vedas (Rig, Yajur, Sama, and Atharva) along with Upanishads.
- Smriti (Recollection): Systematized legal treatises remembered by ancient sages (e.g., Manusmriti, Yajnavalkyasmriti, Naradasmriti).
- Commentaries and Digests (Nibandhas): Medieval interpretations that gave rise to the two major schools of Hindu Law:
- Mitakshara School: Written by Vijnaneshwara (commentary on Yajnavalkyasmriti), prevailing throughout India except West Bengal.
- Dayabhaga School: Written by Jimutavahana, prevailing primarily in West Bengal and Assam.
- Customs (Sadachara): Local practices that are ancient, certain, reasonable, and not opposed to public policy.
B. Modern Sources
- Equity, Justice, and Good Conscience: Principles applied by judges to resolve gaps in ancient texts.
- Judicial Precedents: Binding rulings of High Courts and the Supreme Court.
- Legislation: Codified statutes (e.g., Hindu Marriage Act, 1955; Hindu Succession Act, 1956; Hindu Adoptions and Maintenance Act, 1956).