Skip to main content

SCHOOLS OF HINDU LAW:


SCHOOLS OF HINDU LAW:

There are two main schools of Hindu law: Mitakshara and Dayabhaga. They differ in their interpretation and application of the ancient sources of Hindu law, especially on the matters of property inheritance and family relations. They also have four sub-schools each, based on the regional variations and commentaries. Here is a brief summary of the schools and sub-schools of Hindu law:

  • Mitakshara: This school is based on the commentary of Vijnaneswara on the Yajnavalkya Smriti, called the Mitakshara. It prevails in most parts of India, except Bengal and Assam. It recognizes the joint family system and the coparcenary property, which is the ancestral property shared by the male members of the family. It follows the principle of survivorship, which means that on the death of a coparcener, his share devolves to the surviving coparceners by operation of law. It gives primacy to the birthright of the sons over the widow’s right in the inheritance of the father’s property. It adopts a strict and uniform scheme of succession based on the proximity of relationship and the spiritual benefit to the deceased. The four sub-schools of Mitakshara are:

    • Benaras: This sub-school extends to the whole of north India, except rural Punjab. It is based on the digests of Viramitrodaya and Nirnaya Sindhu. It is the most orthodox and conservative sub-school of Mitakshara.
    • Mithila: This sub-school extends to Tirhut and certain districts of northern Bihar. It is based on the digests of Vivada Ratnakara and Vivada Chintamani. It is more liberal and progressive than the Benaras sub-school, especially on the rights of women and daughters.
    • Maharashtra: This sub-school extends to western India, including the whole presidency of Bombay as well as Berar. It is based on the digests of Vyavahara Mayukha and Viramitrodaya. It is similar to the Benaras sub-school, but with some differences on the topics of adoption, partition, and stridhana.
    • Dravida: This sub-school extends to southern India, including the presidency of old Madras. It is based on the digests of Smriti Chandrika and Vaijayanti. It is the most liberal and progressive sub-school of Mitakshara, especially on the rights of women and daughters.

  • Dayabhaga: This school is based on the digest of Jimutvahana on the various Smritis, called the Dayabhaga. It prevails in Bengal and Assam and deals only with partition and inheritance. It does not recognize the joint family system and the coparcenary property, but only the individual and separate property of the family members. It follows the principle of partition, which means that on the death of a person, his property is divided among his heirs according to his will or the law. It gives equal rights to the widow and the sons in the inheritance of the father’s property. It adopts a flexible and varied scheme of succession based on the religious merit and the legal capacity of the heirs. The four sub-schools of Dayabhaga are:

    • Raghunandana: This sub-school is based on the commentary of Raghunandana on the Dayabhaga, called the Dayatatwa. It is the most authoritative and influential sub-school of Dayabhaga. It is followed by the majority of the people in Bengal and Assam.
    • Srikrishna: This sub-school is based on the commentary of Srikrishna Tarkalankara on the Dayabhaga, called the Dayakrama Sangraha. It is followed by a minority of the people in Bengal and Assam, especially the Kulin Brahmins.
    • Achyuta: This sub-school is based on the commentary of Achyuta Bhatta on the Dayabhaga, called the Dayabhaga Vivarana. It is followed by a few people in Bengal and Assam, especially the Vaidik Brahmins.
    • Rameswara: This sub-school is based on the commentary of Rameswara Bhatta on the Dayabhaga, called the Dayabhaga Prakasha. It is followed by a few people in Bengal and Assam, especially the Gauda Brahmins.

Labels

Labels:

Comments

Post a Comment

Popular posts from this blog

Theories of Punishment

Theories of Punishment Punishment in law serves multiple purposes, and the rationale behind these punishments can be understood through different theories of punishment. These theories form the foundation for justifying punishment and help in shaping laws and sentencing policies. Here’s a detailed explanation of each theory with examples: 1. Deterrent Theory The deterrent theory focuses on preventing crime by imposing severe punishments to create fear among people. The idea is that potential offenders will refrain from committing crimes if they fear punishment. Example : The death penalty or long-term imprisonment for serious offenses like murder or terrorism acts as a deterrent for those considering committing such crimes. 2. Retributive Theory This theory is based on the principle of "an eye for an eye" or giving the offender what they deserve. It focuses on vengeance or moral satisfaction, ensuring the punishment is proportionate to the crime committed. The goal is not to ...
Post a Comment
Read more

APPEALS - CRIMINAL PROCEDURE CODE

  Appeals "The word "appeal" means the right of carrying a particular case from an inferior court to a superior court with a view to ascertain whether the judgement is sustainable. An appeal is a creature of statute only and a right of appeal exists where expressly given. A right of appeal is neither an inherent right nor a fundamental right. Right to appeal is not merely a procedural right. It is a substantive right as well. This right accrues on the date of lis though it may be exercised later. Section 372 provides that no appeal lie from any judgment or order of a criminal court except as provided for this Code or any other law for the time being in force." Right of victim to file appeal : In Section 372 a proviso was inserted by Cr.P.C. (Amendment) Act, 2008, provides that the victim shall have a right to prefer an appeal against any order passed by the court (i) Acquitting the accused; or (ii) Convicting for a lesser offence; or (iii) Imposing inadequate com...
Post a Comment
Read more

JURISPRUDENCE

  JURISPRUDENCE   Jurisprudence is derived from Latin word ‘juris-prudentia’- knowledge of law or skill in law. Study of jurisprudence first started by Romans. Jeremy Bentham(1748-1832) is known as father of  modern jurisprudence. Jurisprudence is basically the theoretical aspect of the word law. In jurisprudence, we do not deal with the practically applicable pieces of statutory law; rather we try to understand the very essence of law and its various dimensions. Like in the other subjects, for example, geography, we have geographical thought as a subject of study, similarly, in law we have got "legal thought" which is called "jurisprudence". The basic questions that we try to answer in jurisprudence are - What is law?, Why should it exist?. What should be the nature and purpose of the law?, What are rights and duties and what should be their nature?, What is ownership and possession and why does law have to protect them?, etc. Jurisprudence refers to a certain type...
Post a Comment
Read more