Foreword

Ancient Hindu Law is said to be based on the knowledge derived from divine revelation. These laws are believed to to be 'Sanatan' or eternal and therefore existing from infinity. However the western scholars have dated all the works to be not older than 5000 BC. There are 47 known sources of Ancient Hindu Law. Initially Hindu Law and the Code of Conduct was memorized by Brahmans i.e. Hindu Priests and their prodigies from generation to generation. They were the repository and interpreters of Hindu laws. Later on with the advent of parchment, various known scholars wrote down their version of Hindu Laws. The Manu Sanhita is one such famous work. Brahaspati and Narada are two other such famous authors or compilers of Ancient Hindu Laws or 'Dharama Sastra'. In all there are about 47 know written manuscripts of Ancient Hindu Laws.

Yajnavalkaya's Hindu Dharam Sastra holds a special place as it is the most succinct and methodical of all the works. Its meticulous compilation lends credence to its authority far more than Manu which is often found to to have embellishments added to it at the end of Chapters which do not relate to the Chapters itself.

Yajnavalkaya's work is also dated to about 200 AD, which also makes it the most authentic and reliable source of Hindu Law.

A reading of this book reveals that the Ancient Hindu Law, even though biased in favour of Brahmins/Priests and Kings, had recognized the right of common man to own property. It also contains the rules pertaining to Contracts and writing thereof. If that was recognized in 200 AD, it speaks of the advancement of the ancient society to evolve into a much more democratic society. Of course it also reflects the slavery like curse in Hindu Society which was the dissection of society in castes.

However all this evolution met with abrupt interruption with the invasion of India by invaders from Persia and final conquer by Mughals who mercilessly destroyed all traces of native culture until the Akbar came to throne with his unique appeal to moderation. Which was also short lived and Aurangzeb, the last Mughal proved to be most merciless. But all that is part of History.

It would be interesting to refer to Hindu Law rather than western law as guide for interpretation of our modern laws which are based on western Anglo-Saxon Laws but the principles of 'Mimansa' would come to aid and may be we can make a beginning afresh, in the light of some of these ancient laws.

Sandeep Bhalla

March 10, 2014.

New Delhi.