Claim Hindu law is based on 'Manusmriti' wrong, says SG Tushar Mehta
Solicitor General Tushar Mehta clarified that Hindu law is primarily based on the 'Mitakshara' school of thought rather than the 'Manusmriti'. He explained that 'Mitakshara' is more dynamic and widely practiced across India, contrasting it with the more restrictive 'Dayabhaga' school found in Bengal and Assam.
Why it matters
This clarification addresses long-standing misconceptions regarding the legal and scriptural foundations of Hindu law in India, highlighting the evolution of legal interpretation.
NEW DELHI: Solicitor general Tushar Mehta on Saturday said associating Hindu law with 'Manusmriti' was a misconception as an overwhelming number of Hindus, except those in Assam and Bengal, followed the 'Mitakshara' school of thought.Delivering a lecture on 'Ancient Wisdom & Legal Intelligence', Mehta said, "People who allege that Hindu law is based on 'Manusmriti' are factually wrong since most of India follows 'Mitakshara' school of thought which is based on 'Yajnavalkya Smriti'."He added, "There are two theories of Hindu law prevalent in India since time immemorial, at least since prior to 700 AD. The first school of thought in Hindu law is 'Mitakshara' school of thought and the second school of thought is 'Dayabhaga'."The SG said the 'Mitakshara' school of thought, developed by Vijnaesvara, was solely based on 'Yajnavalkya Smriti' and not 'Manusmriti' as was wrongly believed.
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