Legal Reasoning Question 35

Over a period of time different interpretations of Shrutis and Smritis came to be adopted by people in different parts of the country. Such different interpretations were then consistently followed by them over a long period of time, and in this manner became binding custom for those people. Most of the Hindu Law is based on customs and practices followed by the people all across the country. Customary law is still a valid law in India. To be classified as a valid custom in modern India, a practice has to be ancient, should have existed continuously, should be certain and reasonable, and not against law, public policy or morality. Customs may be put into four categories-local customs, family customs caste/community custom and guild custom. Local customs are the customs that are allowed in a geographical area Family customs are the customs that are followed by family from a long time. They bind the families wherever they live. Caste/community customs are the customs that are followed by a particular caste or community. It is binding on the members of that community or caste. Guild customs are the customs that are followed by traders. Enactments are the laws that are made by the Legislature in modern times. These are the modern sources of Hindu Law. It includes legislations such as the Hindu Marriage Act, 1955; the Hindu Adoption and Maintenance Act, 1956; the Hindu Minority and Guardianship Act, 1956; the Hindu Succession Act, 1956; etc. Which of the following is not a Dharmasutra?

Options:

A) Gautama Dharmasutra

B) Vashistha Dharmasutra

C) Apastamba Dharmasutra

D) Hinyana Dharmasutra

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Answer:

Correct Answer; D

Solution:

  • (d) The sutras of Dharmasutras dealing with social, moral and legal precepts are the rudimentary texts of laws. There are four main Dharmasutras namely; Gautama Dharmasutra, Baudhayana Dharmasutra, Apastamba Dhannasutra and Vashistha Dharmasutra.