Schools of Hindu Law | Civil Law for Judiciary Exams PDF Download

Overview of Hindu Law

• Schools of Hindu Law:
  • Hindu Law is divided into two main schools, namely the Mitakshara School and Dayabhaga School.
  • Each school has distinct rules, principles, and practices governing personal and family matters.
• Features of Hindu Law:
  • Hindu Law comprises different schools of thought, each with unique interpretations.
  • It regulates personal and family affairs based on ancient scriptures, customs, and legal traditions.
• Significance of Hindu Law:
  • Hindu Law guides aspects such as marriage, inheritance, adoption, and succession.
  • It upholds the principles of dharma, emphasizing duty, righteousness, and moral values.

Introduction to Hindu Law

• Hindu Law governs personal matters like marriage, inheritance, adoption, and succession.
• Based on ancient Hindu scriptures like the Vedas and customs followed for generations.

Historical Origins of Hindu Law

• The roots of Hindu Law can be traced back to ancient India, where it was formulated by revered sages known as rishis. These sages compiled the principles of dharma into texts called Smritis.
• Key Smritis such as the Manu Smriti, the Yajnavalkya Smriti, and the Narada Smriti are pivotal sources of Hindu Law, offering insights into personal law areas like marriage, inheritance, and property rights.
• Throughout history, Hindu Law has evolved through the interpretations and commentaries of scholars, philosophers, and jurists, leading to the emergence of distinct schools of thought.
• These various schools of Hindu Law present diverse perspectives and principles, shaping the legal landscape in India today.

Mitakshara School of Hindu Law

The Mitakshara School of Hindu Law is a prominent school of Hindu Law in India, originating from the commentary on the Yajnavalkya Smriti by Vijnanesvara, an ancient Hindu jurist. This school is widely followed across India, with the exception of Kerala.

Core Principles of Mitakshara School

• Joint Family: In the Mitakshara School, there is a recognition of joint family structure where the property is collectively owned by all family members, inherited by male descendants in an unbroken line. This shared property is considered undivided, known as coparcenary, with equal rights for male members.
• Coparcenary: This concept involves joint ownership of property by male members in a Hindu joint family. Sons, grandsons, and great-grandsons of the property holder inherit an equal share at birth.
• Right to Survivorship: According to the Mitakshara School, upon the death of a coparcener, their share in the property automatically passes to the surviving coparceners through survivorship, not succession.
• Hindu Succession Act, 1956: This legislation, governing inheritance in Hindu Law, aligns with Mitakshara School principles. Originally, only male coparceners had inheritance rights, but the amendment in 1956 introduced gender equality, granting daughters equal rights to ancestral property.

Advantages of Mitakshara School

• The Mitakshara School supports the joint family and coparcenary system, fostering family unity and preserving property within the lineage.
• It safeguards ancestral property rights, preventing unauthorized alienation and ensuring family property preservation.
• Recognizing survivorship ensures property remains within the family and does not get fragmented among heirs.

Criticisms of Mitakshara School

• One major criticism is its gender bias, as it historically favored male coparceners, neglecting female inheritance rights.
• The concept of survivorship can lead to unfair outcomes, especially for female heirs when a coparcener dies without leaving a male successor.
• It lacks recognition of individual property control, potentially causing conflicts within the family regarding property management.

Overview of the Dayabhaga School of Hindu Law

• The Dayabhaga School of Hindu Law is predominantly practiced in West Bengal and other regions of eastern India.
• It finds its basis in the commentary on the Yajnavalkya Smriti by Jimutavahana, a medieval Hindu jurist.
• This school of law differs in its principles and applications when compared to the Mitakshara School.

Key Differences between Dayabhaga and Mitakshara Schools

• In the Dayabhaga School, ancestral property does not pass by survivorship but by succession.
• Unlike the Mitakshara School, daughters have equal rights as sons in ancestral property under the Dayabhaga system.

Example Illustration

• For instance, in the Dayabhaga system, if a father passes away without a will, his property is divided equally among his sons and daughters.

Significance of Dayabhaga School

• This school of law plays a vital role in shaping inheritance practices in eastern India.
• It ensures a more equitable distribution of property among heirs, including daughters.

Understanding the Key Concepts of Dayabhaga School

• Individual Property: In the Dayabhaga School, each person has their own property rights, unlike the Mitakshara School, which focuses on joint family property. Here, individuals own and inherit property independently, without the concept of coparcenary. This means that each person has sole ownership and control over their property.
• Testamentary Succession: This school acknowledges testamentary succession, allowing individuals to create wills and distribute their property according to their wishes. In contrast, the Mitakshara School doesn't recognize wills, leading to property inheritance by coparceners following specific rules.
• Hindu Succession Act, 1956: Amendments in this act have significantly impacted the Dayabhaga School by granting daughters equal inheritance rights, aligning them with sons. This change promotes gender equality within Hindu Law, altering the traditional principles of Dayabhaga School.

Advantages of the Dayabhaga School

• The Dayabhaga School emphasizes individual property ownership, granting autonomy and flexibility in property management and inheritance, unlike the Mitakshara School's joint family property system. This autonomy allows for easier handling and disposal of property.
• Gender equality is a core principle of the Dayabhaga School, ensuring that both males and females have equal rights in property inheritance matters. This inclusive approach fosters fairness and equal opportunities for all family members.
• Unlike other schools, the Dayabhaga School does not adhere to survivorship principles. Instead, a deceased individual's property is inherited based on their will or intestate succession, supporting testamentary freedom and ensuring the deceased's wishes are honored.

Criticisms of the Dayabhaga School

• One major critique of the Dayabhaga School is its limited following outside regions like West Bengal and eastern India. This regional focus can lead to conflicts in cases involving individuals from different Hindu Law schools.
• Another criticism revolves around the absence of coparcenary concepts, leading to individual property ownership within families. This can sometimes complicate property management and disposal, potentially causing fragmentation of family assets.
• Some argue that the Dayabhaga School's departure from the traditional joint family structure weakens family unity by promoting individual property control, deviating from the conventional practices in Hindu society.

Current Positions of Schools of Law

• The principles of Hindu Law in India have undergone significant changes due to recent legislative reforms focusing on gender equality, individual rights, and social justice.
• The Hindu Succession Act of 1956 stands out as a crucial legislation that revolutionized inheritance and succession norms within Hindu Law, granting equal rights to daughters and emphasizing gender equality.
• Hindu Law is a dynamic legal system that evolves in response to shifting societal, cultural, and legal landscapes. Courts' interpretations and legislative changes continually shape its principles.
• Various schools of Hindu Law in India maintain distinctive principles, practices, and traditions that have evolved over time under the influence of commentaries, judicial interpretations, and legislative amendments.
• Legislative reforms play a pivotal role in reshaping Hindu Law to align with contemporary values of equality, social justice, and individual rights.
• As society progresses, it is imperative to ensure that Hindu Law remains adaptable to changing norms and advocates for equality and justice for all individuals regardless of gender or caste.

Conclusion

• In conclusion, the Hindu Law landscape in India encompasses two prominent schools, Mitakshara and Dayabhaga, each characterized by its distinct principles, practices, and customs. These schools have undergone evolution, influenced by commentaries, judicial interpretations, and legislative reforms. 
• The Mitakshara School finds widespread adherence across most regions of India, while the Dayabhaga School is primarily observed in West Bengal and other parts of the eastern region. Furthermore, the distinct legal systems prevalent in Kerala are specific to that particular state, contributing to the diverse and intricate tapestry of Hindu Law in the country.