Introduction To Hindu Law

Introduction to Hindu law
Hindu law is considered to be the most ancient and prolific law in the
world. It has been around every phase. It is about 6000 years old. Hindu
law has been established by the people, not for the purpose of removing
any crime or transgression from society but it was established so that the
people will follow it in order to attain salvation. Originally Hindu law was
established so that the need of the people gets fulfilled. The concept was
initiated for the welfare of the people.
Origin of Hindu Law

In Dharmasastra there is no word such as ‘Hindu’. It is a foreign origin.
The word ‘Hindu’ came into existence through Greeks who used to call the
residence of the Indus Valley nation as ‘Indoi’. Later it became a ‘Hindu’.
This nation came to be known as ‘Hindustan’ and its people as Hindu. In
history, the word ‘Hindu’ not only indicates a religion, but it also indicates
a nation basically. The Hindu law has been modified through centuries
and has been existing since the last 5000 years and has also continued to
govern the social and moral figure of Hindu life by following the different
elements of Hindu cultural life.
Concept of Dharma
We know that the word Dharma is related to Hindu law. Let me explain to
you, the word “Dharma” according to Hindu Mythology means “duty”.
Looking at the contexts and the religious references Dharma has different
meanings just like, the Buddhists believe that the word Dharma means
only a universal law which is very much essential, and the Jains and the
Sikhs believe that it is only a religious path for the victory of the truth.
According to the Hindu Jurisprudence, Dharma means the duties in many
ways. Just like the sociological duties, legal duties or spiritual duties.
Through this context, we can say that Dharma can be referred to as the
concept of justice.
Sources of Dharma
As referred to in the “Bhagwat Geeta”, God creates a life using the
principles of Dharma. They are patience, forgiveness, self-control,
honesty, sanctity (cleanliness in the mind, body and soul), control of
senses, reasons, knowledge, truthfulness and absence of anger.
Accordingly, The salvation which means “Moksha” is the eternal Dharma
for humans according to Hinduism.
Hindu epics like the Ramayana and Mahabharata also refers to Dharma.

They say that executing one’s Dharma is the right aim of every individual.
And also at that time, the king was known as Dharmaraj because the
main motive of the king was to follow the path of Dharma.
Nature of Dharma
Despite the other schools of Jurisprudence, the Hindu Jurisprudence takes
more care over the duties more than the rights. The nature of these
Dharma changes from person to person. There are many duties of many
people in this world like earlier, the king’s duty was to uphold the
religious law and the other hand a farmer’s duty is to produce food, the
doctor has to cure the people, the lawyers have to fight for justice. Being
a highly religious concept in nature, Dharma is multi-faceted. It contains
many laws and customs in a large range of subjects which is essential and
needed to be followed by each and every person. For
example, Manusmriti deals with religion, administration, economics, civil
and criminal law, marriage, succession, etc. These we study mainly in our
law books.
Who are Hindus?
A person can be called as a Hindu, who:
 Is a Hindu by religion in any form.

 Is a Buddhist, Jaina or Sikh by religion.
 Is born from Hindu parents.
 Is not a Muslim, Parsi, Christian or Jews and are not governed
under Hindu law.
 Lodge in India.
The Supreme Court of India in the landmark case of Shastri vs
Muldas expressly defined the term ‘Hindu’. This case is related to the
Swami Narayan temple in Ahmedabad. There is a group of people called
the Satsangi who were managing the temple and they restricted non-
Satsangi Harijans from entering the temple. They argued that Satsangi is
a different religion and they are not bound by Hindu Law. The Supreme
Court of India held that the Satsangi, Arya Samajis and Radhaswami, all
these belong to the Hindu religion because they originated under Hindu
philosophy.
Hindu by Religion:
 If any person follows the religion by practising it or by claiming it

can be called as a Hindu.
Conversion and Reconversion to Hinduism:
 Under the codified Hindu law, any person converted to Hinduism,

Buddhism, Jainism or Sikhism can be called a Hindu.
 From the case of Perumal vs ponnuswami, we can say that a
person can be called a Hindu by conversion.
In this case, Perumal was the father of Poonuswami who got married to
an Indian Christian. In the future due to certain differences, they were
living separately. In the future, the mother of Poonuswami asked Perumal
for the share of his properties. Perumal denied and said “marriage
between a Hindu and a Christian is void”. The Supreme Court of India
held that a real intention is sufficient evidence of conversion and no
formal ceremony of purification is needed (Conversion of Hinduism). So it
is not void and Poonuswami would get a share.
 For conversion, the person should have a bonafide intention and

also shouldn’t have any reason to be converted.
 Reconversion basically happens, when a person is Hindu and gets
converted to a non-Hindu religion and he will again become
Hindu if he/she gets converted into any four religions of Hindu.
 If a person is born from a Hindu family, he/she is a Hindu.
 When one of the parents of a child is Hindu and he/she is
brought up as a member of the Hindu family, he/she is a Hindu.
 If a child is born from a Hindu mother and a Muslim father and
he/she is brought up as a Hindu then he/she can be considered
as a Hindu. We can explain that a child’s religion is not
necessarily that of a father.
 The codified Hindu Law lays down that a person who is not a
Muslim, Parsi, Christian or Jews is governed by Hindu Law is a
Hindu.

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Introduction To Hindu Law

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Introduction to Hindu law

Origin of Hindu Law

Hindu epics like the Ramayana and Mahabharata also refers to Dharma.

 Is a Hindu by religion in any form.

 If any person follows the religion by practising it or by claiming it

 Under the codified Hindu law, any person converted to Hinduism,

 For conversion, the person should have a bonafide intention and

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