Sources of Hindu Law in Family Law: Ancient Texts, Customs etc

Introduction to the Sources of Hindu Law

Hindu law governs the personal lives of Hindus in India. It deals with marriage, divorce, inheritance, adoption, guardianship, and family relations. Unlike codified systems, Hindu law evolves from a variety of sources that influence its development over time. These sources are categorized as ancient and modern. Each has shaped Hindu family law into what it is today.

In this detailed discussion, we will explore both the ancient and modern sources that contribute to Hindu law. We will also examine their specific roles in family law.

Ancient Sources of Hindu Law

Ancient sources are foundational texts and customs that predate colonial influences. These include:

Shruti: The Vedas

The Vedas, considered the earliest and most authoritative texts, form the foundation of Hindu law. They consist of hymns, mantras, and rituals, but also contain principles for human conduct. There are four Vedas: Rig Veda, Yajur Veda, Sama Veda, and Atharva Veda. Although they do not explicitly address family law, their teachings emphasize Dharma. Dharma, the duty towards family and society, shapes family law.

The Vedas establish the responsibilities of individuals in the family. For instance, they define the duty of a husband to protect his wife and of parents to care for their children. These duties continue to influence the legal framework governing family relationships.

Smriti: Manu Smriti and Other Texts

The term “Smriti” refers to remembered laws written after the Vedas. The Manu Smriti is the most significant Smriti related to family law. It outlines rules on marriage, divorce, inheritance, and family roles. For example, it describes different types of marriage such as Brahma marriage (arranged by parents) and Gandharva marriage (love marriage).

Manu Smriti also discusses women’s roles and property rights, which were quite limited in ancient times. Daughters were often excluded from inheritance, and widows had restricted rights. Despite these limitations, Smritis are crucial in understanding the early development of family law.

Custom (Achara)

Custom or Achara plays an important role in Hindu law. Customs, passed down through generations, govern many aspects of family life. These practices hold legal validity when they are ancient, reasonable, and consistently followed by the community.

For instance, in some regions, communities practice matrilineal inheritance, passing property through the female line. The Aliyasantana law in South India is an example of this. Customs also determine marriage rituals and adoption rules in various Hindu communities.

Commentaries and Digests

Over the centuries, scholars wrote commentaries and digests that explain the Smritis. These works offer interpretations and clarifications of Hindu laws. Among the most important commentaries are the Mitakshara and Dayabhaga.

  • Mitakshara, written by Vijnaneshwara, influences inheritance laws across most of India. It details coparcenary rights and joint family property.
  • Dayabhaga, authored by Jimutavahana, is followed mainly in Bengal and Assam. It differs from Mitakshara in its inheritance rules. For instance, sons can inherit property only after the father’s death under Dayabhaga.

These commentaries help modern courts interpret ancient laws, especially concerning property rights and family disputes.

Modern Sources of Hindu Law

Modern sources emerged with the British rule and subsequent independence. These include judicial decisions, legislation, and principles of equity. They have significantly shaped current family law.

Judicial Precedents

Courts play a major role in developing Hindu family law. Higher courts, especially the Supreme Court, issue rulings that influence future cases. This practice is known as the doctrine of stare decisis. Judicial decisions, especially in landmark cases, help clarify and modernize family law.

For example, the Shah Bano Case (1985) brought attention to the right of Muslim women to maintenance after divorce. Although the case involved a Muslim woman, its influence extended to Hindu family law as well. The court’s interpretation of Section 125 of the Criminal Procedure Code (CrPC) emphasized women’s rights to maintenance, influencing similar rulings in Hindu law.

Legislation

Several legislative acts have reformed and codified Hindu family law. These acts ensure that ancient customs align with modern values of equality and justice. The most notable laws include:

  • The Hindu Marriage Act, 1955: This act governs marriage and divorce among Hindus. It establishes legal grounds for divorce such as cruelty, desertion, and adultery. It also recognizes monogamous marriages and consensual divorces.
  • The Hindu Succession Act, 1956: This act revolutionized inheritance rights by giving daughters equal rights to property. Before this act, women’s inheritance rights were minimal or nonexistent.
  • The Hindu Minority and Guardianship Act, 1956: This act establishes the welfare of the child as the primary consideration in determining guardianship.
  • The Hindu Adoptions and Maintenance Act, 1956: This law regulates adoption and guarantees maintenance rights to spouses, children, and parents.

These laws have reformed Hindu family law, promoting gender equality and individual rights. They ensure that the legal framework keeps pace with changing societal values.

Principles of Equity, Justice, and Good Conscience

In cases where no clear legal rule exists, courts rely on principles of equity, justice, and good conscience. This approach ensures that even in the absence of codified laws, justice prevails. Courts use these principles to resolve family disputes when existing laws are silent or outdated.

For example, when determining the division of family property, courts often take a balanced approach to ensure fairness. This practice ensures that legal outcomes align with contemporary moral and ethical standards.

Influence of International Human Rights

International treaties and human rights laws also influence modern Hindu family law. India’s participation in agreements like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has spurred reforms that benefit women. These reforms have ensured gender equality in inheritance, adoption, and guardianship laws.

For example, the Hindu Succession Act now guarantees equal property rights for daughters, reflecting global human rights standards. Courts frequently cite international law to justify progressive changes in family law, ensuring it aligns with universal human rights principles.

Conclusion

The sources of Hindu law, both ancient and modern, form a rich tapestry that governs family relations. Ancient texts like the Vedas and Smritis provide a foundation for Hindu law. Customs and commentaries offer additional guidance, reflecting the diversity of practices within Hindu communities.

In modern times, legislation and judicial decisions have reformed Hindu family law, making it more equitable and aligned with contemporary values. The introduction of acts like the Hindu Marriage Act and Hindu Succession Act ensures greater protection for women and children. Courts continue to play a vital role in interpreting and applying these laws, often relying on principles of equity and justice.

As society evolves, so too does Hindu family law. International human rights law, judicial activism, and legislative reforms ensure that it remains relevant and responsive to the needs of modern society. By balancing tradition with progress, Hindu law continues to govern family matters while embracing the values of equality, fairness, and justice.


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NUJS National Disability Law Moot 2025 – India’s 1st Moot on Disability Rights

NUJS National Disability Law Moot 2025 – A Historic Step Toward Inclusive Legal Advocacy

The NUJS National Disability Law Moot 2025 is India’s first national-level moot court competition dedicated solely to the legal rights of persons with disabilities (PwDs). Organized by the prestigious West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, this competition sets a new precedent in legal education by focusing exclusively on disability law.

With a history of hosting top-tier events such as the NUJS-HSF Moot, ADR Mediation Competition, and Para-Invicta, NUJS continues its tradition of promoting inclusivity and justice with this pioneering initiative.

What Is the NUJS National Disability Law Moot 2025 About?

This moot is designed to:

  • Encourage legal scholarship in disability law
  • Highlight critical themes like workplace discrimination, inclusive education, and accessibility
  • Create a national platform for future legal professionals to explore and argue real-world issues under the Rights of Persons with Disabilities Act, 2016

The competition includes:

  • Memorial Qualification Round
  • Offline Oral Rounds at the WBNUJS campus in Kolkata
  • Researcher’s Test for qualifying teams

Key Dates and Deadlines

EventDate
Registration OpensMay 30, 2025
Clarification DeadlineJune 25, 2025
Registration ClosesJune 30, 2025
Memorial SubmissionJuly 12, 2025
Oral Round ShortlistJuly 21, 2025
Oral Rounds at WBNUJSAugust 21–24, 2025

Eligibility & Team Composition

  • Open to undergraduate law students in any Indian university
  • 2 to 3 members per team
  • Cross-college teams allowed
  • No cap on the number of teams per institution
  • Postgraduate students are not eligible

Awards & Recognition

The NUJS National Disability Law Moot 2025 offers extensive awards, including:

  • Winning, Runners-Up & Second Runners-Up Teams
  • Best Advocate (Prelims and Overall)
  • Best Memorials (Petitioner & Respondent)
  • Best Researcher & Runner-Up
  • Certificates for Semi- and Quarter-Finalists
  • Participation certificates for all teams

Registration Fees & Optional Accommodation

  • Memo Round Fee: ₹2,500/team
    • ₹2,100 for teams with at least one PwD participant
  • Oral Round Fee (for shortlisted teams): ₹2,000
  • Accommodation (optional): ₹5,500/team (August 21–24)

Payment Details:

  • Account Name: Student Juridical Association
  • Account No: 520101246976299
  • IFSC Code: UBIN0906638
  • Bank: Union Bank, NUJS Branch, Salt Lake, Kolkata

Registration Process

  1. Fill the official Google Form: https://forms.gle/sZHKXriWTy4EEfGL8
  2. Email the following to nationaldisabilitymoot@nujs.edu:
    • Names, Years, and Institutions of team members
    • College ID Cards
    • Payment screenshot

Contact Details

  • Email: nationaldisabilitymoot@nujs.edu
  • Chair: Kinjal Das – +91 75959 65675
  • Deputy Chairs:
    • Anushka Maji – +91 86174 78308
    • Saarthak Samadder – +91 94330 48880
  • Board of Directors:
    • Ritika Amlajiya – +91 80943 45186
    • Shubhankar Singha – +91 96797 30493

Final Words

The NUJS National Disability Law Moot 2025 is not just another moot—it’s a platform for change. By promoting awareness of the challenges faced by PwDs through legal debate, WBNUJS is nurturing future lawyers who will lead the way in accessibility and justice.

Don’t miss this opportunity to be part of history. Register today and join us in Kolkata for a groundbreaking legal experience.


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Assistant Professor Law Symbiosis Nagpur – Apply Now!

SLS, Nagpur, part of Symbiosis International (Deemed University), is currently hiring for the post of Assistant Professor Law, Symbiosis Nagpur. This full-time academic position is a remarkable opportunity for experienced and research-driven professionals to build their careers in legal education and research.

If you’ve been seeking a faculty position that offers the right mix of teaching, research, and academic freedom, this opening for Assistant Professor Law Symbiosis Nagpur may be your ideal next step.

About Symbiosis Law School, Nagpur

Established as a constituent of Symbiosis International (Deemed University), Symbiosis Law School, Nagpur is a prominent legal institution in Central India. Known for academic rigor, research excellence, and a commitment to interdisciplinary legal studies, SLS Nagpur offers integrated B.A. LL.B., B.B.A. LL.B., and LL.M. programs along with a range of co-curricular and research opportunities.

The law school is widely respected for nurturing future legal minds and contributing significantly to legal scholarship, with its faculty actively publishing in Scopus and WoS indexed journals.

About the Role: Assistant Professor – Law

This opportunity as Assistant Professor Law Symbiosis Nagpur involves delivering core and elective courses in law, engaging in institutional research projects, guiding student research, and contributing to academic governance.

Eligibility Criteria

To apply for this faculty position, the applicant must fulfill the following requirements:

  • Ph.D. in Law (Mandatory)
  • NET Qualified (Mandatory)
  • Strong Research Credentials – Must have published legal research in reputable journals indexed by Scopus or Web of Science (WoS).

Candidates with previous experience in teaching at a reputed law school or legal research institutions will be preferred, although fresh Ph.D. holders with solid academic portfolios are also encouraged to apply.

Key Responsibilities

As an Assistant Professor in the Law department, you will:

  • Teach undergraduate and postgraduate law students
  • Design and update course content aligned with legal and regulatory trends
  • Conduct and publish legal research in reputed journals
  • Mentor students in moot courts, debates, seminars, and research projects
  • Organize and participate in academic conferences and workshops
  • Support academic administration and policy development

Why Join Symbiosis Law School, Nagpur?

Symbiosis Law School, Nagpur is not just another academic institution—it is a place that values thought leadership, mentorship, and academic freedom.

Here’s why you should consider applying:

  • Join one of India’s most reputed law schools under the Symbiosis brand
  • Participate in cutting-edge legal research and policy development
  • Work with brilliant students and dynamic academic peers
  • Enjoy a collaborative and progressive institutional culture
  • Grow with performance-based promotions and research grants

This Assistant Professor Law Symbiosis Nagpur role is tailored for educators who aspire to create impact through teaching and legal scholarship.

Application Process

If you are interested in applying for the Assistant Professor Law Symbiosis Nagpur role, you are encouraged to begin your application at the earliest to be considered in the initial review round.

To apply, please follow these steps:

Ensure that your CV includes the following essential components:

  1. Academic Qualifications
    Clearly mention your Ph.D. status (awarded or submitted) and UGC NET qualification. Applications lacking this may not be shortlisted.
  2. Research Publications
    Provide a list of your published articles, mentioning the journal titles, whether indexed in Scopus or Web of Science, and your authorship status (first/corresponding/co-author).
  3. Teaching or Legal Experience
    Detail your previous experience, whether in academia, internships, or professional law practice. Highlight your teaching areas, courses handled, or courts appeared in.
  4. Conferences and Seminars
    Mention any national/international academic events, paper presentations, or workshops you’ve been part of. This showcases your commitment to continuing legal education and discourse.

Selection Process:
Only shortlisted candidates will be contacted for further interaction, which may involve a teaching demonstration and interview with the academic committee. Early applications are highly encouraged due to limited vacancy slots.

Final Thoughts

The position of Assistant Professor Law Symbiosis Nagpur offers an ideal platform for law scholars to shape future generations of lawyers and legal professionals. With structured research support, dynamic classroom engagement, and exposure to legal innovation, this job is much more than just a teaching role—it’s a career-building experience in one of the most respected legal academic institutions in India.

Apply today and take a decisive step toward a meaningful academic future.


Also Read – Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar

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