Schools of Hindu Law

There are 2 main schools of Hindu Law, the Mitakshara School and Dayabhaga School of Hindu Law.

One of the unique features of Hindu Law is that it has different schools of thought, each with its own set of rules, principles, and practices. 

Hindu Law, also known as Hindu personal law, is a complex legal system that governs the personal and family matters of Hindus in India. It is derived from ancient Hindu scriptures, customs, and traditions, and has evolved over time through various interpretations and judgments by courts. 

Introduction to Hindu Law

Hindu Law is a system of laws that governs the personal matters of Hindus, such as marriage, inheritance, adoption, and succession. It is based on the principles of dharma, which refers to duty, righteousness, and moral values in Hindu philosophy. Hindu Law is not codified, and it is primarily based on ancient Hindu scriptures, such as the Vedas, the Smritis, and the Puranas, as well as customs and traditions followed by Hindus for generations.

Historical Origins of Hindu Law

The origins of Hindu Law can be traced back to ancient India, where it was formulated by rishis or sages who codified the principles of dharma into various texts known as Smritis. The most important Smritis are the Manu Smriti, the Yajnavalkya Smriti, and the Narada Smriti, which are considered authoritative sources of Hindu Law. These texts provide guidelines on various aspects of personal law, including marriage, inheritance, and property rights.

Over time, Hindu Law evolved through various interpretations and commentaries by scholars, philosophers, and jurists. Different schools of thought emerged based on their interpretations of the Smritis and other texts. These schools of Hindu Law have different perspectives and principles, and they continue to influence the legal system in India today.

Mitakshara School of Hindu Law

The Mitakshara School of Hindu Law is one of the oldest and most widely followed schools of Hindu Law in India. It is based on the commentary on the Yajnavalkya Smriti by Vijnanesvara, a medieval Hindu jurist. The Mitakshara School is prevalent in most parts of India, except for the state of Kerala.

Key Concepts of Mitakshara School

a) Joint Family: The Mitakshara School recognizes the concept of joint family, where the property is held jointly by all the members of the family and is inherited by the male members of the family in a line of unbroken male descent. The property is considered to be undivided and coparcenary, and the male members have equal rights in the property.

b) Coparcenary: Coparcenary refers to the joint ownership of property by male members of a Hindu joint family. The Mitakshara School recognizes the concept of coparcenary, where the sons, grandsons, and great-grandsons of the holder of the property have an equal share in the property by birth.

c) Right to Survivorship: The Mitakshara School recognizes the right to survivorship, where upon the death of a coparcener, his share in the property passes by survivorship to the surviving coparceners, and not by succession or inheritance.

d) Hindu Succession Act, 1956: The Hindu Succession Act, 1956, which is the main legislation governing succession and inheritance in Hindu Law, is based on the principles of the Mitakshara School. According to the Mitakshara School, only male coparceners have a right to inherit ancestral property, and female members do not have coparcenary rights. 

However, the Hindu Succession Act, 1956, brought about significant changes to the Mitakshara School of Hindu Law by introducing gender equality and giving equal rights to both male and female heirs in matters of inheritance. As per the amended Hindu Succession Act, daughters now have equal coparcenary rights in ancestral property, which means that they are entitled to a share in the property by birth, just like sons. 

This amendment has been a significant step towards gender equality in Hindu Law and has brought about a significant change in the principles of the Mitakshara School.

Advantages

• The Mitakshara School follows the concept of joint family and coparcenary, where property is held jointly by the family members, and the eldest male member is the head of the family. This promotes family unity and ensures that property remains within the family lineage.
• The Mitakshara School provides for ancestral property rights, where the property inherited from ancestors cannot be alienated or disposed of without the consent of all coparceners. This helps in preserving the family property and prevents its misuse or alienation.
• The Mitakshara School recognizes the concept of survivorship, where upon the death of a coparcener, his share in the joint family property passes on to the surviving coparceners. This ensures that the property remains within the family and does not get divided among the heirs.

Criticisms

• One of the main criticisms of the Mitakshara School is its gender-biased approach, as it recognizes only male coparceners and does not give equal rights to females in matters of property inheritance. This has been seen as discriminatory towards women and not in line with the principles of gender equality.
• The concept of survivorship in the Mitakshara School can sometimes lead to unjust results, as the share of a coparcener who dies without leaving a male heir may pass on to the surviving coparceners, leaving out the heirs of the deceased coparcener.
• The Mitakshara School does not recognize the concept of individual ownership and control of property, as the property is held jointly by the family and managed by the eldest male member. This can sometimes lead to disputes and conflicts within the family over the management and control of the property.

Dayabhaga School of Hindu Law

The Dayabhaga School of Hindu Law is primarily followed in the state of West Bengal and other parts of eastern India. It is based on the commentary on the Yajnavalkya Smriti by Jimutavahana, a medieval Hindu jurist. The Dayabhaga School has some differences in its principles and practices as compared to the Mitakshara School.

Key Concepts of Dayabhaga School

a) Individual Property: Unlike the concept of joint family in the Mitakshara School, the Dayabhaga School recognizes the concept of individual property, where the property is owned and inherited by individuals and not by the joint family as a whole. There is no concept of coparcenary in the Dayabhaga School, and each individual has independent ownership and control over the property.

b) Testamentary Succession: The Dayabhaga School recognizes the concept of testamentary succession, where a person has the right to make a will and dispose of his/her property as per his/her wishes. The Mitakshara School, on the other hand, does not recognize the concept of will and the property is inherited by the coparceners as per the rules of succession.

c) Hindu Succession Act, 1956: The Hindu Succession Act, 1956, has also made significant changes to the Dayabhaga School of Hindu Law. As per the amended Act, daughters have been given equal rights in matters of inheritance, including the right to succeed to the property of their parents, just like sons. This amendment has brought about a significant change in the principles of the Dayabhaga School and has promoted gender equality in Hindu Law.

Advantages

• The Dayabhaga School recognizes the concept of individual ownership and control of property, as opposed to joint family property under the Mitakshara School. This allows for greater flexibility in the management and disposal of property and gives more autonomy to individuals in matters of property inheritance.
• The Dayabhaga School does not discriminate based on gender, as both males and females have equal rights in matters of property inheritance. This is in line with the principles of gender equality and promotes a more inclusive approach towards property rights.
• The Dayabhaga School does not recognize the concept of survivorship, and the property of a deceased person is inherited by his heirs according to his will or intestate succession, rather than passing on to the surviving coparceners. This allows for greater testamentary freedom and ensures that the property is inherited according to the wishes of the deceased.

Criticisms

• One criticism of the Dayabhaga School is that it is not widely followed in most parts of India, and its principles are limited to certain regions, primarily West Bengal and other parts of eastern India. This can sometimes create conflicts and disputes in cases where individuals belonging to different schools of Hindu Law are involved.
• The Dayabhaga School does not recognize the concept of coparcenary, and the property is held individually by family members. This can sometimes result in fragmentation of property and make it more difficult to manage and dispose of property as a whole.
• The Dayabhaga School may be seen as deviating from the traditional joint family concept followed in Hindu society, and some may argue that it weakens the family structure and unity by promoting individual ownership and control of property.

Current Positions of Schools of Law

In recent times, there have been significant legislative reforms that have brought about changes to the principles of Hindu Law, promoting gender equality, individual rights, and social justice. The Hindu Succession Act, 1956, has been a landmark legislation that has brought about significant changes to the principles of inheritance and succession in Hindu Law, giving equal rights to daughters and promoting gender equality.

It is important to note that Hindu Law is a dynamic and evolving system of law, and it continues to be influenced by changing social, cultural, and legal contexts. The principles of Hindu Law are subject to interpretation by courts and can be modified by legislative reforms. As society progresses and evolves, it is essential to ensure that the principles of Hindu Law are in line with the principles of equality, social justice, and individual rights.

In conclusion, the schools of Hindu Law in India have their own distinct principles, practices, and customs, and have evolved over time. They are influenced by commentaries, judicial interpretations, and legislative reforms. The legislative reforms that have brought about changes to the principles of Hindu Law, promoting gender equality, individual rights, and social justice. 

As society evolves, it is crucial to ensure that the principles of Hindu Law are in line with the changing times and promote equality and justice for all individuals, regardless of gender or caste.

Conclusion

The schools of Hindu Law in India, namely the Mitakshara and Dayabhaga have their own distinct principles, practices, and customs. These schools have evolved over time, and their principles have been shaped by various commentaries, judicial interpretations, and legislative reforms. 

While the Mitakshara School is widely followed in most parts of India, the Dayabhaga School is followed primarily in West Bengal and other parts of eastern India, and the unique systems followed in Kerala are specific to that state.