Solicitor General Addresses Hindu Law’s Foundations
In a recent address at the Indian Institute of Technology in Delhi, Solicitor General of India, Tushar Mehta, refuted claims that Hindu law is based on the Manusmriti. Speaking on the theme of ‘Ancient Wisdom and Legal Intelligence’ at the Research and Innovation Park of the Foundation for Innovation and Technology Transfer (FITT), Mehta stressed the factual inaccuracy of attributing Hindu law solely to the Manusmriti.
Correcting Misconceptions
Mehta explained that Hindu law predominantly stems from the Smritis, including the Yajnavalkya Smriti, Manusmriti, Narada Smriti, and Parashara Smriti, which are ancient legal commentaries. He emphasized that most of India adheres to the Mitakshara school, grounded in the Yajnavalkya Smriti, rather than the Manusmriti.
According to Mehta, Indian jurisprudence evolved through two principal schools: Mitakshara and Dayabhaga. The Mitakshara school, formulated by scholar Vijnaneshwara, is primarily based on Yajnavalkya Smriti and is prevalent in most of India. Conversely, the Dayabhaga school, which draws from Manusmriti, is mainly observed in the regions of Bengal and Assam.
Inheritance and Legal Interpretation
He further elaborated on the contrasting approaches to inheritance in these schools. The Dayabhaga school linked inheritance to the ritual of pind daan, involving offerings to ancestors, which Mehta described as a restrictive view. In contrast, the Mitakshara school, recognizing inheritance by birth, paralleled pind with modern concepts akin to DNA, despite the absence of such terminology in ancient texts.
Mehta highlighted how this principle of inheritance by birth persists in contemporary Hindu law through the concept of coparcenary, which grants an individual interest in ancestral property from birth. He also noted the adaptability of Hindu legal texts, citing the enduring relevance of prohibitions on marital relationships as stipulated in scriptures as far back as 700 AD, which continue to influence current legislative frameworks.
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Evolution of Indian Penal Law
Concluding his lecture, Mehta remarked on the evolution of Indian law, particularly pointing out that while legal frameworks have progressed, penal law has largely remained static, reflecting entrenched British colonial preferences. He critiqued the continuity of the British-imposed Indian Penal Code post-Independence, which treated Indians as colonial subjects.
In a significant legal development, Mehta highlighted the 2023 introduction of the Bharatiya Nyaya Sanhita by the current government. This new legal code reorganizes sections to align with the preferences of a sovereign democratic republic, marking a shift towards laws crafted for citizens rather than subjects.
