The Impact Of Vedic Jurisprudence On Contemporary Indian Legal System: A Critical Evaluation
- IJLLR Journal
- 2 hours ago
- 2 min read
Rupanjana Ganguly, LL.M., Xavier Law School, St. Xavier’s University, Kolkata
Animesh Das, Senior Assistant Professor, Xavier Law School, St. Xavier’s University, Kolkata
ABSTRACT
This research paper encompasses how the pertinence of the Vedas has lingered on, through the ages. Since evolution, a system of order has prevailed, and human societies relied on unwritten social norms, customs, and informal mechanisms for order and conflict resolution. Through the passage of time, that system of order has come to inculcate law as well, to come together as a codified legal framework. It has relied on customs as acara, civil law as vyavahara and penance as prayaschitta, as a source of law. In modern India, alongside legislations, and judicial precedents, customs prove to be a prevailing source, as they have existed from the inception. Customs signify habitual behaviour which becomes traditional due to its repetitive nature, and later becomes widely accepted as a norm. These norms form a basis for law, as we know today, particularly personal laws. The foundational values that have been imbibed in the Vedas, and texts succeeding it, find their roots in the current legal ethos, in some shape or form. As the society progresses, their values and ethics, as a whole, and on an individual basis transform, and a need for balance between our customs and modern denotations of law is found. The jurisprudential notions in the Vedas provide for principles of justice, equity and good conscience, which are the fundamentals to any progressive society. They have made their way through the ages, into the formal codification of some, if not all, ethical and moral laws. Vedic jurisprudence, along with normative standards of justice provide for an epitome of legal understanding, which has major demographic significance. Laws such as succession laws find a grounding in statutes such as the Hindu Succession Act, 1956 (HSA 1956), which enshrines the essence of both age-old texts and legality. This research aims to bridge the gap between ancient jurisprudence, with the current legal dynamic, tracing India’s evolution, both in the terminological meaning, and in the legal element. By unleashing the Vedic principles of Dharma, this paper provides insight into the ethical implications that shape the essence of justice, and development of modern laws in contemporary India.
Keywords: Vedas, Dharma, Smriti, Hindu Law, Legal Philosophy
