Relevance Of Customs Under Modern Hindu Law
European Journal of Molecular & Clinical Medicine,
2020, Volume 7, Issue 6, Pages 3222-3228
AbstractCustoms under Jurisprudence have an influential role as a source of law. They are
relevant for understanding the behavior of the humans in society and determining the
peoples' actions as valid. So it is necessary to study the customs and traditions of a society.
Customary Laws play a pivotal role as a source under Hindu law. Even after the
codification of the law by the time, various customary Hindu practices are being performed
by the peoples and are being governed under the Hindu law. This article is an assessment
of the evolution and significance of custom under Hindu law. In the post-colonial era,
customary laws are regarded as obscure and are being replaced by statutory laws. Despite
the elimination of various customary practices, they are prevailing under the Hindu Law
and are validated by the formal utterance of the legislative authority. But these customs are
only being declared legitimate when they are antique, confident, consistent and in
conformity with statutory law. But can a custom be practiced without recognition by any
statute or without the fulfillment of these requisites? If practiced, then up to what extent?
Are customs still relevant in modern Hindu society? This article establishes that custom as
a source of law is still necessary under Hindu law and holds a strong position in the
functioning of legislation concerning Hindu law. Even though the importance of customs
is constantly receding with the state's growing power and with the development of the
judicial process, the role of customs in the development of law cannot be denied.
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