History And Evolution Of Hindu Law

Vyasaraaj NR, BBA LLB (Hons.), School of Law, SASTRA Deemed to be University, Thirumalaisamudhram, Thanjavur.

ABSTRACT

History has always played a main role in the field of law. It is important to know the history and development of any law over a period of time to reach a conclusion on the subject. The ancient civilisation in the Indian subcontinent is always admired for its profound knowledge system. The legal system of ancient India was such that it advocated for legal diversity within unity which is seen as a postmodern feature.

This article traces the evolution of Hindu law from its ancient roots to contemporary manifestations. It explores the intricate governance of ancient India, where legal codes were shaped by sages and influenced by cosmic order. Rajadharma, defining the virtues of a king, emphasizes the role of governance in upholding justice.

The status of women in antiquity reveals a nuanced interplay of societal dynamics, with women actively participating in intellectual discourses, holding property rights, and contributing to societal harmony. The Hindu Code Bill, a landmark legislative effort, aimed at unifying and modernizing the Hindu legal framework, ushering transformative shifts in societal norms.

The subsequent laws, including the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoption and Maintenance Act, marked a departure from archaic customs, embracing concepts like monogamy and equal property rights. The article concludes by addressing the current challenge of implementing a Uniform Civil Code, a visionary proposal seeking to transcend existing religious personal laws for a more equitable and cohesive national legal architecture. Page: 5302