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Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
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The substance of Hindu law, was derived by the British colonial officials from Manusmriti, and it became the first Dharmasastra that was translated in 1794. [ 87 ] [ 10 ] The British colonial officials, for practice, attempted to extract from the Dharmaśāstra, the English categories of law and religion for the purposes of colonial administration.
Thus, Hindu jurisprudence portrayed the household, not the state, as the primary institution of law. [3] Connectedly, the household is the institution to which Hindu law is most applied. For example, the texts are most explicit in reference to quotidian household acts such as eating, bathing, creating a family, etc.
The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code. The Indian National Congress government led by Prime Minister Jawaharlal Nehru successfully implemented the reforms in 1950s.
Modern Hindu law is one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians. This Hindu Personal Law or modern Hindu law is an extension of the Anglo-Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law.
Hindu personal laws are the laws of the Hindus as they applied during the colonial period (British Raj) of India beginning from the Anglo-Hindu Law to the post-independent secular law. The British found neither a uniform canon administering law for the diverse communities of India nor a Pope or a Shankaracharya whose law or writ applied ...