Ancient Indian Law: Meaning & Relevancy

The Indian Legal System is one of the world's oldest legal systems. In last a few hundreds of years, the legal system is updated and codified. And, in the modern era, the Indian Constitution is the source of the Indian legislative system.

India has a known legal history that dates back to the Vedic eras. It is thought that there was a judicial system in place in ancient India, even during the Bronze Age and the Indus Valley Civilization. India has a long history of using philosophical and religious teachings to shape the law. It was a fruitful area, enhanced by practitioners from various Hindu philosophical schools and later by the Jains and Buddhists. It sprang from the Vedas, the Upanishads, and other holy scriptures. India's secular laws differed greatly from one region to the next and from one king to another. Many of the ancient Indian dynasties' defining characteristics included court systems for both civil and criminal cases. The Mauryas (321–185 BCE) and the Mughals (16–19 centuries) had excellent secular court systems before India's modern common law system was established.

Hindu Law

Historically, the term "Hindu" has been used to describe an ethnic group rather than a religion. The term "Hindu" was first used to refer to the ethnic group of people known as Indians by the Persians, then by the Greeks, and it became more common in the thirteenth century to separate them from the Islamic kingdoms within India. Rare country of this world had such a long and colorful tradition of national identity. The Civilization Valley has one of the world's oldest civilized societies. The idea of Nyaya can be traced in the scriptures such as Ramayana, Mahabharata, Smriti, and Vedas.

Hindu law has been interpreted by some to encompass the various laws that have been in effect in India since the time of the ancient Vedic civilization up to 1772, when the British created regulations for the administration of justice in Bengal. It has been utilised by some to set itself apart from the British legal system that has existed since 1772 as well as the Islamic legal system that was present in the areas of India that the Muslim Mughal Empires acquired during the thirteenth and sixteenth centuries. Hindu law has been described by some as only being relevant to the communities that were subject to it, while the others followed their own unique customary laws.

The Hindu law is believed to be divine law because it is originated via the Vedas and God revealed it to the people. The philosophical life ideas described and explained by several wise men in the Vedas were expounded and refined.

Sources of Hindu Law

Major sources are −

• Ancient sources − Shruthi, Smiriti, Commentaries and Digest, Customs.

• Modern sources − Precursor, legislation, fairness, and good conscience. The judiciary was built on the principle of dharma in the Hindu regime.

The three main divisions of Hindu law are −

• Classical Hindu Law,

• Anglo Hindu Law,

• Modern Hindu Law.

There is also a historical context for these three divisions. This system is Hindu Law. The numerous legal procedures that existed from Vedic times until 1772, when the British enacted regulations for the administration of justice in Bengal, are included in classical Hindu law. These practises are somewhat related to the Vedic traditions. During the British occupation of India from 1772 to 1947, the classical Hindu law gave way to the Anglo-Hindu law. The English legal system was adopted by the British in place of the existing Indian laws, with the exception of family or personal laws governing marriage, inheritance, and property succession. Hindus are subject to personal law, or family law, known as modern Hindu law.

In ancient Indian society, law and dharma were not distinct concepts. In dharma Sastras, Smrities and Arthasastra, the concept of justice, law and religion were not distinguished and invariably justice was equated to dharma and vice-versa.10 The Mosaic Law of Israel considered law and justice as inextricably inter-woven11 and justice' is considered as a distinct segment of morality to which law must conform.

Islamic Law

Early in the seventh century AD, the first Muslim settlers made their way to India. Then, the Arab traders arrived on South India's Malabar coast. The Turkish invasion also brought Islam to India in the 12th century AD. The Mughal judicial and administrative systems were later implemented in India with the rise of the Mughal Empire in the middle of the sixteenth century AD. After the British created regulations for the administration of justice in Bengal in 1772, the Mughal court systems were eventually supplanted by the English legal system; the following part discusses the Mughal court systems and the British justice system in India. The Islamic law in India as it pertains to civil law concerns like marriage, inheritance, and other personal law issues is also covered in the final part on the family justice system.

The Quran and the Sunna of the Prophet Mohammad are the two primary sources of Islamic law. Islamic law is based on the five tenets collectively known as Iman, or faith. The fundamental doctrine is confidence in the complete unity and harmony of God. The belief in angels and their function as God's messengers and helpers constitutes the second philosophy. The third doctrine is a concern for prophetic messengers. The fourth conviction is a conclusive judgement or final doctrine. The fifth fundamental Islamic belief is that "divine decree ends predestination." Like the Hindu Law, the Islamic Law is based on religious principles.

The British Period

To further British commercial interests abroad, the East India Firm was founded in England. During Jahangir's rule, the company's members travelled to India to conduct commerce. They established numerous factories, eventually laying the groundwork for British control in India.

In each of the three presidential cities—Calcutta, Mumbai, and Madras—a basic judicial system was established. After that, in 1774, in Calcutta, the Supreme Court was established. It's an English court of law. Madras and Bombay also established comparable courts in 1801 and 1823, respectively. Certain courts were moved to the High Court through letters of legislation passed by the British Parliament in 1862 as part of the Indian High Court law. A prominent aspect of the Indian legal system prior to 1862 was the establishment of two parallel courts: the Supreme Court outside the President's Cities and the Mofussil Court outside the President's Cities. To meet the needs of the English people who lived there, the English judicial system has also been copied.

Conclusion

India's existing legal structure did not emerge overnight. This structure was created over the course of several years. It has undergone numerous changes depending on the situation. The idea of justice is not new; it has been around for a very long time. India has a rich legal heritage. A country's legal system is a crucial part of its social structure and exhibits the social, political, economic, and cultural characteristics of that society. As a result, understanding the legal system outside of the socio-cultural context in which it operates can be challenging.

Frequently Asked Questions

Q1. Why should we study common laws?

Ans. Common law is a precedent-based legal system that dates back to the monarchy in England. This implies that how new cases are decided depends on earlier cases and judicial rulings. Knowing how and why earlier legal systems functioned the way they did can be gained through studying more recent ones.

Q2. How were laws made in ancient times?

Ans. Indian law predominantly developed from traditional customs and religious dictates to the contemporary, thoroughly codified acts and laws based on a constitution.

Q3. In ancient India, how many laws were there?

Ans. The Manu Smriti claims that there were roughly eighteen fundamental titles of law in the pre-modern Indian legal system.