1. Sources of Hindu Law

2. Sources of Hindu Law Three main sources of Hindu dharma or Law are-
Sruti
Smriti, and
Custom.

3. Sruti
Sruti literally means what is heard(the Vedas). It is believed to be the language of the divine revelation through sages.
Four Vedas:
The Rig-Veda (the book of mantra)
The Sama-Veda (the book of song)
The Yajur-Veda (the book of ritual)
The Atharva-Veda (the book of spell)
The Vedas are the compilation of the mantras or the hymns.
Originally, Vedas were chanted orally and transmitted to the successive generations by Guru-Shishya parampara.
Krishna Dwipayana Vyasa gave them a written form at the end of Dwapara .

4. Veda Samhita Karma Kanda Ceremonial rites and rituals Brahman
Aranyakas 
Jnana Kanda
Philosophy and spiritualism
Upanishads
A Samhita is a collection of mantras. The Samhitas are named after the Vedas they belong to.
The Brahmanas are mostly in prose and are concerned with religious rights and rituals.
The Aranyakas reflect an explicit transition in the philosophy of life of man.
Most of the Upanishads are in forms of dialogues between a master and a disciple.

5. Vedanga
The Vedanga (limbs of the Veda) are six auxiliary disciplines traditionally associated with the study and understanding of the Vedas.
Shiksha : phonetics, phonology and morphophonology (sandhi)
Kalpa : ritual
Vyakarana : grammar
Nirukta : etymology (the study of the sources and development of words)
Chhanda : meter
Jyotisha : time determination part of which is Astrology

6. Vedanta In earlier writings,
Vedanta simply referred to the Upanishads.
Chronologically it started including-
The Upanishads
The Brahma Sutras
The Bhagavad Gita

7. Upavedas
The Four Upavedas (following the Vedas) explain arts and sciences
Ayur-veda (medicine)
Gandharva-veda (music and dance)
Dhanur-veda (warfare)
Shilpa-veda (architecture)

8. Smiriti Smriti means that which is remembered
(the lawbooks, Puranas, Itihasas).
The basis of the Smritis are the Srutis, but they are human works. Two kinds of Smritis:
Early Smritis- Dharmasutras (ধর্মসুত্র) and
Later Smritis- Dharmashastras (ধর্মশাস্ত্র)
Their subject matter is almost the same.
The Dharmasutras are mainly written in prose, in short maxims (Sutras) and the Dharmashastras are composed in poetry (Shlokas).

9. Dharmasutras and Dharmashastras
Dharmasutras were mainly in the form of training manuals to teach Dharma to the students.
Dharmashastras were based of Dharmasutras.They dealt with the subject matter in three parts:
Aachara : Theories of religious observances,
Vyavahar : Civil law and
Prayaschitta : Penance and expiation.

10. Smiriti writers
Some of the important sages whose dharmasutras are known are :  Gautama, Baudhayan, Apastamba, Harita, Vashistha, and Vishnu.
Other notable Smriti writers are Manu, Atri, Vishnu, Harita, Yajnavalkya, Yama, Katyayana, Brihaspati, Parashar, Vyas, Shankh, Daksha etc.

11. Three notable Smritis
Out of may Dharmashastras, three are most important.
Manusmriti
Yajnavalkya Smriti
Narada Smiriti
Manusmriti compiles all the laws that were scattered in pre-smriti sutras and gathas.
Holds local customs with utmost importance.
King represents the divine but bound by customs.
Principle of 'danda' for breach of law.
Particularly harsh on women and sudras. 

12. Three notable Smritis Yajnavalkya Smriti More logical than Manu.
Importance to customs but hold the king subject to law.
Law is the king of the kings and the king is only an enforcer of the law.
Mostly dealt with civil law comparatively lesser with religion and morality.
More liberal on women and sudras.
Narada Smriti
Importance on customs
Concentrates only on civil law and no deal with religion and morality.

13. Commentaries and Digest
Commentaries (Tika or Bhashya) and Digests (Nibandhas)
In the earlier days most of the commentaries were written on the Smritis.
In the later days the works were in the nature of digests containing a synthesis of the various Smritis and explaining and reconciling the various contradictions.
Mitakshara is a commentary and Dayabhaga is a digest.

14. Commentaries as a source of law
The law of the Smritis was empiric* and progressive.
In the course of time several Commentaries and Digests(Nibandhas) were written on it.
The authority of the several commentaries varied in different parts of India.
And thus arose different schools of law.
* derived from experiment and observation rather than theory.

15. Schools of Hindu law
The remoter sources (Smritis) are common to all different schools;
These common works became the subject of subsequent commentaries;
The commentator put his own gloss on the ancient text;
His authority have been received in one and rejected in another part of India;
And thus schools of conflicting doctrines arose;

16. Mitakshara and Dayabhaga school
Dayabhaga school prevails in Bengal; the Mitakshara school prevails in other parts of India.
Mitakshara was written by Vijnaneswara (বিজ্ঞানেশ্বর). It is a running commentary on the code of Yajnavalkya(যাজ্ঞবল্ক্য).
Dayabhaga was written by Jimutavahana (জীমূতবাহন). It is not a commentary on any particular code, but purports to be a digest of all the codes.

17. Schools….. The Dayabhaga is of supreme authority in Bengal;
The Mitakshara is of supreme authority throughout India except in Bengal.
Even in Bengal, when there is no express conflict Mitakshara has a high authority.
Of course Dayabhaga prevails.
Dayabhaga may also be referred to in a Mitakshara case on points on which it is silent.

18. Schools…..
Dayabhaga school differs from Mitakshara school in two main particulars:
the law of inheritance;
the joint family system.
It is said that the Mitakshara school is the orthodox school, and the Dayabhaga school is the reformed school.

19. Sub-divisions of Mitakshara school
Sub-school
Principal works
Benares school
(Northern India)
Viramitrodaya (বীরমিত্রোদয়)
Nirnayasindhu (নির্ণয়সিন্ধু)
Mithila school
(Half of Bihar and a part of Nepal)
Vivada Chintamani (বিবাদ চিন্তামণি)
Madana Parijata (মদন পারিজাত)
Maharashtra or Bombay School
(Western India)
Vyavahara Mayukha (ব্যবহার ময়ূখ)
Viramitrodaya(বীরমিত্রোদয়)
Dravida or Madras school
(Southern India)
Smiriti Chandrika (স্মৃতিচন্দ্রিকা)
Parashara Madhaviya (পরাশর মাধব্য)
Saraswati Vilasa (সরস্বতী বিলাস)
Vyavahara Nirnaya (ব্যবহার নির্ণয়)

20. Works on adoption Two special works on adoption are
Dattaka Mimansa (দত্তক মীমাংসা)
Dattaka Chandrika (দত্তক চন্দ্রিকা)
Dattaka Mimansa is preferred in Mithila and Benares, and Dattaka Chandrika in Bengal.

21. Custom as a source of law
Conflict between custom and text of the Smiritis- the custom overrides.
“Clear proof of usage will overweigh the written text of law” – Collector of Madura v. Moottoo Ramalinga(1868)
Courts recognize three kinds of Hindu customs-
Local customs;
Class customs;
Family customs .

22. Essentials of a valid custom
It must be ancient, certain and resonable, and being in derogation of the general rules of law, must be construed strictly. (Hurpurshad v. Sheo Dyal- 1876)
It should be established by clear and unambiguous evidence. (Ramalakshmi v. Sivanantha )
It must not be opposed to morality or public policy and it must not be expressly forbidden by law. (Vannia Kone v. Vannichi Ammal- 1928)

23. Valid custom
It must not be in derogation of the fundamental rights of a citizen to hold and dispose of property by absolutely prohibiting alienation of property. (Sheikriyammada Nalla Koya v. Administrator, Union Territory-1966)
Custom alleged not followed in numerous instances is held not proved.(Ishwarbai v. Bhagwandas )
The usage has, by common consent, been submitted to as the established governing rule of a particular locality since long. (Gokal Chand v. Pravin Kumari-1952)

24. Valid custom
Burden of proof of a custom goes to the party relies on it.
Custom must always be a matter of fact, not a matter of mere theory.(Saraswati v. jagadambal- 1953)

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