Hindu law governs family life, including marriage and inheritance, based on Hindu texts and tradition. The concept of dharma is central, encompassing personal duties and ethical behavior. The law evolved from local communities and changed under British rule. India now allows complex systems of personal law, with four laws serving as the foundation for modern Hindu law.
In its current usage, Hindu law refers to the set of laws that apply to individuals who are Hindu by religion, especially those in India. Specifically, these laws govern various aspects of family life, including marriage and inheritance, among other things. Hindu law has its source in Hindu texts, such as the Dharmaśāstra, and in tradition.
The concept of dharma is central to Hindu law. It is synonymous with the duty of a righteous person, but these duties can vary according to age and gender as well as class and occupation. The word “dharma” can be used as a sort of equivalent to the Western concept of religion, but it is usually translated into English as “law.” Both of these, however, are a narrow translation.
In the past, dharma has encompassed many different aspects of life, including religious rituals, civil and criminal law, and judicial proceedings. The Dharma also regulates personal duties, such as hygiene, dress and ethical behavior
Hindu law begins in the classical period of India following the discovery of the Vedas and lasts until 1772 AD. The law in this period was based on the Dharmaśāstra, which was to be interpreted for each class, individual, by a learned scholar of the Vedas. The law varied, however, from community to community, changing as vocations and castes changed, resulting in a practical law that developed from the needs and traditions of local communities.
This period was followed, in 1772 AD, by the Anglo-Hindu law established by the British as part of their legal system for their colony of India. The British decided to allow each religious affiliation to adhere to its own set of laws. The resulting law was based on the Sanskrit texts, Dharmaśāstra, which the British believed were divine law mandates that must be obeyed, rather than guidelines for practical law.
After 1864 CE, when sufficient jurisprudence had been established, the dependence on the Dharmaśāstra decreased and was almost completely removed. It was replaced with regional customary laws enacted by British officials, similar to the situation that resulted in the classical period.
In 1947 CE, India gained independence from Great Britain. In an effort to remain secular, India allows complex systems of personal law for Hindu law, Muslim law, Christian law and Parsi law. In the early 1950s India established four laws, the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act and the Hindu Adoptions and Maintenance Act, which would serve as the foundation for the modern hindu law.
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