Historical Development of Hindu Law

Hindu law is a legal system that originated from ancient texts, customs, and legal precedents. It's considered one of the oldest legal systems in the world Hindu law is one of the most ancient systems of law known to the world. Mayne in his 'Hindu Law and Usage' recognised this fact when he says, "Hindu Law has the oldest pedigree of any known system of jurisprudence and even now it shows no signs of decrepitude. At this day it governs races of men extending from Kashmir to Cape Comorin, who agree in nothing else except their submission to it. No time or trouble can be wasted, which is spent in investigating the origin and development of such a system and the causes of its influence"

Hindu Law occupies a prominent place in the field of jurisprudence due to its comprehensiveness, loftiness of its ideals and logical consistency. The Hindu jurists laid great emphasis on the reasonableness of the rules they propounded. Law, according to them, exists for the benefit of the people and therefore they regarded the law as an instrument of social goods, binding on society.

Law was taken to be dynamic by the dharmashastra writers. According to Katayana it should respond to the needs and requirements of a given period. If it fails it loses its utility as an instrument of social discipline. Customary practices played an eminent role in this field and hence the importance of custom as source of law was recognised by all the dharmashastra writers.

The Origin of Hindu Law

The origin of Hindu Law, also known as Dharmashastra, has been debated among scholars. Two main theories provide different perspectives on the origins of Hindu Law. Let’s explore these theories in detail.

Divine Origin Theory

According to the first theory, Hindu Law is believed to have a divine origin bestowed by the Almighty God. It is considered to have originated from the Vedas, regarded as God’s divine revelations. The Vedas are ancient scriptures that contain hymns, rituals, and philosophical teachings.

The law derived from the Vedas is considered independent of the state and is binding on both the king and the subjects with equal legal force. This theory highlights the divine nature of Hindu Law, which is often referred to as Apauruseya.

Customary Origin Theory

The second theory posits that Hindu Law is based on immemorial customs, religious texts, and scriptures that predate Brahmanism. It suggests that before the invasion of the Aryans, there existed customs and usages among the indigenous people, and some of these practices were incorporated into Hindu Law after the Aryans arrived.

The Aryans, who brought their own customs and practices, assimilated certain existing customs into their legal framework, leading to the formation of Hindu Law. It is important to note that some customs and practices, such as polyandry and incestuous marriage, were not recognised or accepted by the Aryans.

Evolution of Hindu Law

In ancient times, “law” was often synonymous with “Dharma” in Hindu society. Dharma encompassed religious, moral, and ethical duties, guiding individuals’ conduct. Over time, Hindu Law evolved to ensure that the social and moral life of Hindus continued with a diverse element of harmony. This evolution aimed to reconcile society’s changing needs while upholding Dharma’s fundamental values.

Henry Maine, a renowned jurist, aptly remarked that Hindu Law has the oldest pedigree among all known systems of jurisprudence. Hindu Law has shown remarkable resilience and adaptability despite its ancient origins, remaining relevant to this day. Its longevity can be attributed to the ability of Hindu Law to evolve with the changing times while preserving its core principles.