Among the ancient religious and philosophical works on which the earliest forms of law in the world have their foundations, the position occupied by the Smritis is unique because they represent remembered knowledge and written rules that have steered Hindu society for millennia. Smritis, meaning literally “that which is remembered,” represent the secondary order of authority in Hindu jurisprudence, following the Sruti texts. The texts for these primitive legal systems go beyond personal laws and are often seen to encompass governance, social order, and moral conduct, thus forming a complex web of legal, social, and religious prescriptions.
Starting from Manusmriti as the foundational text, the works had been coming out over thousands of years, addressing the new agenda that society demanded or could accommodate in any given time period. From the Manusmriti to the later texts of Yajnavalkya Smriti and Narada Smriti, these texts defined the development of Hindu personal law and influenced modern Indian jurisprudence today. Their influence transcends the legal arena, touching elements of social organization and family structure, inheritance, marriage, and all else that has to do with ethical conduct.
Statement of the Problem
Despite their historical importance and the continued relevance of ancient texts in Hindu law, obvious complexities and contradictions exist in their interpretation and application in many contemporary legal approaches. This is because the traditional prescriptions of Smritis are inherently incompatible with the more liberal thoughts of modern constitutional values and human rights principles. However, this vast corpus of Smriti literature is indeed cumbersome for lawyers and jurists who wish to make sense of its myriad interpretations and, at times, contradictions.
Given that Smritis have formed an important part of the Indian legal system, a modern Indian legal system must tread a fine balance between the adherence to the traditional principles of law and conformity with contemporary social needs. This makes the general Hindu jurisprudential tenets and modern legal requirements conflict in an arena such as equality of genders, rights over property, and personal freedom. This would therefore require a multi-faceted analysis of Smritis, their interpretative traditions, and its contemporary relevance.
Scope & Objective of Study
This study attempts to critically examine the Smritis in Hindu law, highlighting history, fundamental principles, and application in contemporary times. The scope of study falls in the following area:
- Detailed Analysis on Leading Smriti Texts: Mansmriti, Yajnavalkya Smriti, and Narada Smriti
- Analytical Study on the Hierarchy and Relationship of Smritis
- Explanation of Important Legal Principles Enunciated by Smritis regarding Marriage, Inheritance, Adoption, and Property Rights.
- Analysis of the interpretative techniques adopted with Smriti texts
- Survey of the contribution made by Smritis to present Hindu law and Indian legal order
The areas dealt with in this work are:
- To trace the growth and genesis of the Smritis
- To discuss the basic laws enunciated through great Smriti works
- To discuss the present-day validity and relevance of Smriti-creative principles
- To analyze whether the ancient Smriti provisions have been altered or substituted by legislative enactments
- The Functions of Smritis in Modern Hindu Personal Law
Research Questions
The paper attempts to answer the following crucial questions:
- How has the Smriti contributed to the historical development and formation of Hindu law and what is its continued role in modern Indian jurisprudence?
- What are the main issues of interpretation that have arisen when applying the directives of the Smriti principles to modern issues of law, and how has the court been able to overcome such challenges?
- How much have these enactment reforms moved beyond the traditional Smriti provisions and what informs such movement?
- What accounts for and propels the variations in interpretation and application of mutually contradictory, or sometimes opposing, provisions by the various Smritis?
- Where do Smritis stand in the future development of Hindu personal law, in relation to Constitutional values and emerging social values?
Literature Review
The literature on Smritis and their role in Hindu law has been multi-layered, ranging from traditional commentaries to modern scholarly analyses. This current literature review examines some of the well-known works and ideas that have shaped the way Smritis and their role in Hindu jurisprudence are understood.
The earliest scholarly work on Smritis is traceable to classical commentators who made interpretations of the texts for their contemporaries. The erudite scholar P.V. The monumental work of Kane - “History of Dharmasastra” provides an elaborate examination of Smritis and their origin. Dr Kane's elaborate study on various Smritis, their interrelating positions, and related historical considerations remains foundational for the understanding of how Hindu law came into being. His elaborate analysis of the chronological growth of different Smritis and their divergent interpretations in the contemporary context across various schools of thoughts has immensely helped in building a structure for the study of the growth of Hindu law.
The interpretation and application of Smritis during the colonial period witnessed a paradigm shift from their previous understanding. J.D.M. Derrett's magnum opus, “Religion, Law and the State in India,” expounds upon how British colonial administrators and courts interpreted and applied Smriti texts, which frequently were read through the prism of own legal traditions. In it, he clearly articulates that during this period Hindu law changed from a soft, local interpretation system to a stiff system sustained by precedent. His work is highly significant in understanding how this modern Hindu law resulted from various interactions with traditional Smriti-based principles and British colonial jurisprudence.
Robert Lingat's “The Classical Law of India” provides a detailed study of the structure and content of various Smritis, quite clearly underlining their role in establishing dharma as a comprehensive system of social and legal norms. This is significant because Lingat analyzed how Smritis operated not just as sources of law but also as guides for proper conduct in all walks of life. The work highlights the manner of examination involved in understanding the interrelationship between dharma, custom, and legal rules, in order to understand the nature of Hindu jurisprudence.
REFERENCES
Reports:
- Law Commission of India, 174th Report on “Property Rights of Women: Proposed Reform Under the Hindu Law” (2000)
- Law Commission of India, 207th Report on “Proposal to Amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving her self-acquired property with no heirs” (2008)
- Law Commission of India, 227th Report on “Preventing Bigamy via Conversion to Islam – A Proposal for giving Statutory Effect to Supreme Court Rulings” (2009)
Research Papers:
- Bhat, P. Ishwara, “Hindu Law in Independent India: The Impact of Legislation and Judicial Precedents” (2007) 19 Nat'l L. Sch. India Rev. 1
- Jain, M.P., “Custom as a Source of Law in India” (1963) 3 Journal of the Indian Law Institute 103
- Mitra, Subrata K., “The Nation, State and the Federal Process in India” (2013) 23 India Rev. 225
- Parashar, Archana, “Religious Personal Laws as Non-State Laws: Implications for Gender Justice” (2013) 45 J. Legal Pluralism & Unofficial L.
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