Article on schools of hindu law by Nishil kaushal @lexcliq

SCHOOLS OF HINDU LAW

BY NISHIL KAUSHAL

 

Hindu Law is that the most ancient law within the world. Originally Hindu Law was created to satisfy each would like and welfare of the individuals. The sources of the conception for Hindu Law area unit Shruti (words of God), Smriti (text), customs (old practices), commentaries and digests.

 

The written law and uncodified law area unit 2 forms of trendy Hindu Law. written law administers each Hindu. The ideas of colleges of Hindu Law doesn’t exist in written law, however, it exists in uncodified Hindu Law. Vedas and Smritis were the shape of sources during which, several students all around Republic of India, wrote the commentaries that shaped the premise for faculties of Hindu Law.

 

With the event of the Smriti came the inequality in opinion amongst commentators and interpreters. There was no authoritative position of law, though varied codes were developed. associate degree authority may be accepted in one a part of {india|India|Republic of Republic of India|Bharat|Asian country|Asian nation} and whole rejected in different elements of India. Persons World Health Organisation settle fored one authority were doubtless to not accept different authorities. Thus, completely different faculties of thought emerged.

 

The two major faculties of Hindu law area unit as follows:

Mitakshara

Daya Bhaga

 

Mitakshara and Dayabhaga area unit the 2 vital faculties of Hindu Law that have given US the specified data concerning the current legislated laws.

 

How these faculties came into existence:

Originally there have been no faculties of Hindu Jurisprudence. faculties of Hindu Law came into being once {different|totally completely different|completely different} commentaries looked as if it would interpret the Smritis with respect to different native customs in several elements of Republic of India.

 

In Rutcheputty v. Rajendra, it’s been determined that {the completely different|the various} faculties of Hindu Law have originated thanks to different native customs prevailing in several provinces of the country. The commentators of the Smritis couldn’t ignore the native customs and usages whereas decoding the texts, and so, they eventually incorporated native customs. The native conditions and customs of the various provinces have, therefore, gone to mould the principles of law prevailing in every province.

 

Mitakshara School:

Mitakshara is one amongst the foremost vital faculties of Hindu law. it’s a running comment of the Smriti written by Yajnvalkya. This faculty is applicable within the whole a part of Republic of India except in province and state.

 

The Mitakshara contains a terribly wide jurisdiction. but completely different elements of the country apply law otherwise thanks to the various customary rules followed by them.

 

Mitakshara is more divided into 5 sub-schools specifically as following:

Benaras Hindu graduate school

Mithila graduate school.

Maharashtra graduate school.

Punjab graduate school.

Dravida or Madras graduate school.

 

These {law faculty|school of law|graduate school|grad school}s come back underneath the range of Mitakshara law school. They get pleasure from identical basics however provides preference to bound treaties and commentaries that management the bound passage of Mitakshara.

 

Benaras law school:

This graduate school comes underneath the authority of the Mitakshara graduate school and covers Northern Republic of India together with province. Viramitrodaya, Nirnyasindhu, and Vivada area unit a number of its major commentaries.

 

Mithila law school:

This graduate school exercises its authority within the territorial elements of Tirhoot and north state. The principles of this graduate school prevail within the north. the main commentaries of this faculty area unit Vivadaratnakar, Vivadachintamani, and Smritsara.

 

Maharashtra or Bombay law school:

The Maharashtra graduate school has the authority to exercise its jurisdiction over the territorial elements together with Gujarat Karana and also the elements wherever the Marathi language is proficiently spoken. the most authorities of those faculties area unit Vyavhara Mayukha, Virmitrodaya, etc.

 

Madras law school:

This graduate school tends to hide the entire southern a part of Republic of India. It conjointly exercises its authorities underneath Mitakshara graduate school. the most authorities of this faculty area unit Smriti Chandrika, Vaijayanti, etc.

 

Punjab law school:

This graduate school was preponderantly established in east geographical region. It had established its own customs and traditions. the most commentaries of this faculty area unit Vramitrodaya and it established customs.

 

Dayabhaga School:

Dayabhaga faculty preponderantly prevailed in state and province. this is often conjointly one amongst the foremost vital faculties of Hindu laws. it’s thought of to be a digest for the leading smritis. Its primary focus was to manage partition, inheritance and joint family. in line with Kane, it had been incorporated in between 1090-1130 A.D.

 

Dayabhaga faculty was developed with a read to eradicating all the opposite absurd and artificial principles of inheritance. The immediate advantage of this new digest is that it tends to get rid of all the shortcomings and limitations of the antecedently established principles and inclusion of the many cognates within the list of heirs, that was restricted by the Mitakshara faculty.

 

In Dayabhaga faculty, varied different commentaries were followed such as:

Dayatatya

Dayakram-sangrah

Virmitrodaya

Dattaka Chandrika

 

Difference between ‘Mitakshara’ and ‘Dayabhaga’ faculties of Hindu Law:

Mitakshara and Dayabhaga disagree at bound positions. vital variations area unit as follows:

 

On the premise of Succession:

Under the Mitakshara faculty, inheritance is ruled by the rule of blood kinship, i.e., blood relationship, whereas underneath the Dayabhaga faculty inheritance is ruled by the rule of religious efficaciousness.

 

Under the Mitakshara, cognates area unit deferred to agnates however underneath the Dayabhaga some cognates like sister’s sons area unit most popular over many agnates.

 

This means that if the Hindu dies feat his son and a girl, the girl are going to be excluded from the inheritance, and also the son can get all the property. Likewise, if the Hindu dies feat his son’s son and daughter’s son, the son’s son can get the succession.

 

Under the fashionable Hindu Law, the distinction between 2 main faculties is not any longer reliable. underneath the Hindu Succession Act, 1956, there’s one uniform law of succession for all Hindus.

 

On the premise of Rights of Woman:

In the Mitakshara system the mate cannot demand partition. She, however, has the correct to a share in any partition accomplished between her husband and her sons. underneath the Dayabhaga, this right doesn’t exist for the ladies as a result of the sons cannot demand partition because the father is that the absolute owner.

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