HINDU LAW

Are you prepared to explore the timeless principles that govern family and society in India?

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE is proud to announce a special lecture series on The Hindu Law, led by the distinguished legal expert, Tanmoy Mukherjee.

Dive deep into the rich history and modern applications of Hindu jurisprudence. This course will provide you with an in-depth understanding of the laws concerning:

• Marriage and Matrimonial Remedies

• Adoption and Guardianship

• Joint Family and Partition

• Succession and Inheritance

• Maintenance

Mr. Mukherjee's profound knowledge and practical insights will guide you through the complexities of this vital area of law. Whether you are a law student or a legal professional, this is an unparalleled opportunity to enhance your expertise.

Hindu law is one of the world's most ancient and complex legal systems, with roots stretching back thousands of years. It's not a single, monolithic code, but an evolving body of personal law that has been shaped by a diverse range of sources, both ancient and modern.

Ancient Sources

These are the traditional foundations of Hindu law, which are largely religious and philosophical in nature.

1. Shrutis (The Vedas): Considered the primary and most authoritative source. The Vedas are believed to be "what was heard"—divine revelations received by ancient sages. While they don't contain specific legal rules, they provide the moral and philosophical framework for Hindu life, which in turn influences legal principles.

2. Smritis (The Dharmashastras): Meaning "what has been remembered," these are texts authored by sages like Manu, Yajnavalkya, and Narada. They are more specific and practical than the Shrutis, providing detailed rules on various aspects of life, including civil and criminal law, family matters, and duties. The most famous of these is the Manusmriti.

3. Commentaries and Digests: As society became more complex, scholars wrote commentaries on the Smritis to interpret and reconcile their sometimes conflicting rules. These commentaries, such as the famous Mitakshara and Dayabhaga, gave rise to different schools of Hindu law that were followed in various parts of India, creating regional variations.

4. Customs and Usages: From time immemorial, customs have been a powerful source of law. A custom, if it is ancient, certain, reasonable, and not against public policy, has been recognized as a valid source of law, often even overriding a written text.

Modern Sources

The modern era, especially during and after British rule in India, introduced new sources that drastically changed the application of Hindu law.

1. Legislation: This is the most important modern source. In the mid-20th century, the Indian Parliament codified Hindu personal laws through the four landmark acts of 1955-56 (Hindu Marriage Act, Hindu Succession Act, etc.). These laws superseded many old customs and texts, bringing uniformity and progressive changes, particularly in granting equal rights to women.

2. Precedents (Judicial Decisions): The decisions of higher courts, especially the Supreme Court of India, are binding on all lower courts. Through their judgments, courts interpret and clarify the codified laws and, in some cases, even lay down new legal principles, thereby becoming a significant source of law.

3. Justice, Equity, and Good Conscience: When there is an absence of a specific law or an applicable custom, courts rely on these principles to ensure a fair and just outcome. This source allows judges to fill legal gaps and ensure that legal decisions are based on common sense and fairness.Secure your seat now and master The Hindu Law with an expert. For more details and to enroll, contact us.