DR.

PRIYA VINJAMURI

DOCTRINE OF HINDUISM
Tolerance or a relative capacity to endure or

adapt psychologically to an unfavourable environmental factor was the high watermark of Hinduism. Hindu culture was assimilative in that it absorbed and digested into its system all foreign cultures without ado. Under a plurality of forms, Hinduism believed in the unity of spirit.

DOCTRINE OF GITA
As expounded by the sacred Bhagwad Gita this doctrine stands unaltered.
It says as water falling from sky goes to sea so

worship in whatever form reaches the Supreme Lord. The religion, according to a Hindu, was not a dogma or something held as an established opinion or a definite authoritative tenet which is unalterable, but it is insight or experience

GIST OF HINDUISM
Tolerance, freedom from dogma and accommodation are thus the

outstanding characteristics of Hinduism which lent it strength to survive waves of foreign invasions of the country.

PRIVY COUNCIL ON HINDUISM

As observed by the Privy Council Hinduism is marvelously catholic and elastic. Its theology is marked by eclecticism and tolerance and

almost unlimited freedom of private worship

CASELAW OF SUPREME COURT OF INDIA

The Supreme Court of India, in Shastri Yagnapurushdasji case has brought forth this distinctive feature of the Hindu religion:

Acceptance of the Vedas with reverence; recognition of the fact that the means or ways to salvation are diverse; and realization of the truth that the number of Gods to be worshipped is large, this indeed is the distinguishing feature of Hindu religion.

SOURCES OF HINDU LAW

The Srutis : The approximate period of Vedas

is now accepted to 4000-1000 B.C. Sruti or Veda literally means what was heard. It is the language of divine revelation containing the very words of God. Vedas are therefore infallible and constitute the supreme authority by all Law givers. They contain the root and the original sources of Dharma.

SRUTI- VEDAS
Vedas are four in number, namely (1) Rig Veda, (2)

Yajur Veda, (3) Sama Veda and (4) Atharva Veda. Rig Veda is the oldest and consists of hymns and songs in praise of the forces of Nature. The Yajur Veda deals with rituals and sacrifices and mantras in this connection. The Sama Veda contains prayers composed in metre and set to music. The Atharva Veda devoted to magic, spells and incantations.

VEDANGAS
THE SIX VEDANGAS ARE: (1) Kalpa (2) Vyakarna (3) Chhanda (4) Shiksha (5) Jyotish (6) Nirukta

GIST OF THE VEDAS

The Vedas primarily emphasized upon the standard of conduct, privileges, duties and obligation of a man as well as the philosophy of divine attachments, they also lay down the customary laws as accepted by learned men. These Vedas do not contain any systematic or logical description of positive law.

Smritis-What has been remembered

The word Smriti literally means what has been

remembered. In theory the Smritis are based on the memory of the sages who were the repositories of the sacred revelation. The Smritis may be divided into early Smritis and the later smritis. The former are called the Dharmasutras and the latter, the Dharmashastras.

DHARMASUTRAS
Dharmasutras Gautama, Bhowdayana, Apasthamba

Vasistha and Vishnu are the chief sutra karas. The period of these sutras were approximately between 800 BC and 200 BC. They contain a vivid description of human duties. Dharma sutras were written in prose style.

Dharmasastras
Manu, Yajnavalkya, Narada and others are chief

exponents of Dharmasastras were written in shlokas or metrical verses. Manu smriti is divided into 12 chapters. Eight chapters describes eighteen titles of law which include both civil and criminal law, law of property, inheritance, master servant relationship and defamation etc. Yajnavalkaya smriti also contain the rules of procedure and evidence to be followed in civil disputes.

Narada Smriti
The next important smriti is that of Narada, compiled

in about AD 200. Narada acknowledges that his book is an abridgment of the larger work of Manu. But the views propounded in his work are highly advanced and progressive. He emphasized the importance of customs.

Digests and Commentaries

Several digests and commentaries were written on

smritis during the period between 700 AD to 1700 AD. Some of them can be noted here under:
On Manusmriti:- Medhatithi had written

Manubhasyam (895 900 AD),Govindraj had written Manutika (1100 AD), Kulluka Bhatta had written Manavonata Muktavali (1250 AD).

Digests and Commentaries..

On Yagnavalkya smriti vijnaneswara had written the

famous commentary Mitakshara (1100 AD). Vijna Rupa had written Bala Krida (900 AD). Apararka had written Aparaditya (1200 AD). Another famous work Dayabhaga written by Jimutavahana in 12th century.

Custom
Custom is uncodified rule of practice followed by a section of people from the time immemorial having certainty, uniformity and continuity which is not opposed by the public policy, morality and decency. When certain course of conduct is followed continuously for a long time in a particular family, or in a particular class of persons or in a particular locality, if leads to custom.

Essentials of custom
Ancient Continuity Reasonableness Clarity and unambiguity Not opposed to morality or public

policy Not opposed to express provisions of law.

Case Law
In Collector of Madura v. Morttoo Ramalinga (1868)

the privy council said that clear proof of usage will outweigh the written text of law

Judicial decisions
When the law is not clear(or) silent on a particular point or ambiguous the constitutional courts such as Supreme Court and High Courts through the decisions and rulings may also bring new law. Such decisions are binding on the subordinate courts. The law declared by the Supreme Court shall be binding on all courts within the territory of India. Similarly the rulings given by the High Courts are binding on District courts and other subordinate courts.