Modern Sources of Hindu Law

 Modern Sources of Hindu Law

According to Article 44 of the Indian Constitution, India is a secular state that aspires for a unified legal system throughout the country. Many believe that the Indian government's commitment to increasing uniformity of the legal system poses a threat to minority religious groups that rely on the diversity of the legal system to retain traditions and administer religious laws in accordance with their beliefs.

First and first, it is necessary to define who these laws apply to in order to properly discuss their modern application and sources of inspiration. For example, persons who adhere to Hindu religious beliefs, as well as those who are not Christian or Jewish or Muslim, may be held liable for violating Hindu personal and family rules, as defined by the Acts of Parliament listed below. Consequently, it is presumed that all Indians who do not practise Islam, Judaism, or Christianity are Hindus, neglecting the personal religious laws of adherents of Buddhist, Jain, Sikh, and other religions, resulting in divisions among these communities. Indian family courts are recognised by the Indian legal system, including Muslim, Jewish, and Christian family courts, as well as secular family courts. I Justice, equity, and good conscience- It is possible that a disagreement will come before a Court that cannot be resolved by using any existing rule found in any of the accessible sources. In such a case, the Court will rule on the merits of the case. It is feasible that such a circumstance will develop, however it is unlikely, because not every type of fact situation that arises will have a corresponding law to govern it.

In the absence of legal authority, the courts have no choice but to resolve the dispute, and they are under a responsibility to do so in such a situation as well. In such circumstances, the Courts rely on the fundamental values, norms, and standards of fairness and propriety in order to make their decisions.

This is referred to as the "principles of justice, equity, and good conscience" in formal terminology. They may also be referred to as Natural law in some circles. This principle has been recognised as a source of law in our country since the 18th century, when the British administration made it apparent that, in the absence of a rule, the preceding principle would be implemented.

In the second place, there exist laws, which are enacted by Parliament and have played a significant part in the development of Hindu law. Following India's independence, some significant components of Hindu Law were codified, including the Vedas. The Hindu Marriage Act of 1955, the Hindu Adoptions and Maintenance Act of 1956, the Hindu Succession Act of 1956, the Hindu Minority and Guardianship Act of 1956, and the Hindu Minority and Guardianship Act of 1956 are only a few examples of key statutes.

Following codification, any matter addressed by the codified law is considered to be resolved. Unless an express saving is provided for in the enactment itself, the enactment supersedes all former law, whether based on tradition or on any other basis whatsoever. The old textual law contains provisions that allow it to be applied in situations where the codified law is not applicable.

It was established after the foundation of British authority that a hierarchy of Courts was established. (iii) Precedents It was decided to establish the doctrine of precedent, which is founded on the principle of treating like cases alike. Today, the decisions of the Privy Council are binding on all lower courts in India, with the exception of those where they have been modified or revised by the Supreme Court, whose rulings are obligatory on all courts, with the exception of those in which it sits.