Hindu Law consists of a collection of personal laws like adoption, marriage, special marriage, inheritance and it is applicable only to the Hindus and mostly to the Hindus in India. The Indian Constitution has a considerable amount of influence upon Hindu Laws. Prior to independence, Hindu Law was a part of the British colonial legal system. It was established in the year 1772 by the then Governor General Warren Hastings. Initially it was based on the Sanskrit Dharmasashtras.
Hindu Law is based on Smritis as explained in Sanskrit commentaries and modified from time to time by customs and by the judgements of courts
The Sanskrit commentaries were either written by the Hindu kings or by their ministers under their supervision.
Extensive research have concluded that Smritis were nothing but the rules framed or developed by the Kings. The kings were most of the time influenced by wise men of their courts, who played an important role in the administration. The rulers also abided by the Smritis based on the Vedas and they also restrained the people from not performing their duties. Religion has a great influence on administration. Different Smritis formulated in different times in different parts of the country were treated as equal.
The Sanskrit commentaries were either written by the Hindu kings or by their ministers under their supervision.
Hindu Law is regarded as the most ancient legal system. Mimamsha had a role to play in the formation of Hindu Law. They were popularly known as the nyayas. Theoritical and practical aspects are the two most important features of any developed legal system. In Hindu Law both the aspect / features are present. In order to maintain peace, consciousness and order, law is required in all societies.
Hindu Law is closely associated with dharma. In order to understand hindu law, one has to have a clear concept of Dharma. These Dharmas were later known as Smrisastras.
Comments on the code of manu was written by Dhareswava or King Bhoj in Malwa in the 11th century. Some time later, Vijnanesvara wrote the famous Mitakshara on the Smriti of Yajnavalka under the supervision of King Vikramaditya of Hyderabad.. In the 12th century, King apararka wrote his comments on Yajnavalka Smriti. Jimutavahana, who was either a minister or a great judge in the court of the Bengal Kings wrote the Mitakshara, which is al popular as the Dayabhaga. In the 14th century, Chandesvara, the chief minister of the King of Mithila wrote Vivada Ratnakara. In the same year, the great Prime minister of Vizianagar – Madhavacharya, wrote Parasara Madhaviyam. Next Visvesvarabhatta wrote Subodhini. King Pratapa Rudra Deva of Orissa wrote Sarasvati Vilasa.
The Smriti remained to be in force even during the Muslim rule in India. Dalapati wrote Nrisimha – Prasada in the 16th century. The famous finance minister in the court of Akbar, the great Todarmalla wrote Todarananda.
Hindu Law was not applicable to the Hindus only. The Jains and the Buddhista have also followed the broad features of Hindu Law based on the Smritis.
In south India, the Dravidian people were widely influenced by the Aryans. They have also adopted certain Hindu Laws. The Itihasas and the Puranas had tremendous influence on the Dravidians. And this in turn spread the Aryan and Hindu culture all across south India. In south India, the Dravidians have founded many Hindu temples.
The Hindu law that we see today is a compilation of Vyavahara law of the Smritis. The rules of Vyavahara or civil law relating to marriage, adoption, partition and inheritance were based on the laws prevalent at that time. However with the passage of time, certain modifications have been made.
