Custom as a Source of Hindu Law

Since the time of Manu, the Hindu law giver who wrote the comprehensive treatise on Hindu law titled Manusmriti,  custom has been recognized as an important source of law. Manu termed custom as ‘acharaha paramodharmaha.’

Different Kinds of Customs Under Hindu Law

The following are classified as the different kinds of customs under Hindu law:

• Local Custom: This refers to customs that are prevalent in a specific place. In the Southern part of India, for example, it is permissible in some communities to conduct the marriage of the maternal uncle to his niece.
• Family Custom: This refers to a custom that may govern just one family.
• Caste Customs: Some customs have always been based or been relevant to certain castes.

 Legal Essentials in Hindu Law to Validate Customs

A custom that is legally valid must satisfy the following legal requirements as given below:

• Antiquity: This means that a valid custom must be ancient.
• Certainty: There must be clear evidence that the usage has been set up and that this fact is certain.
• Reasonableness: Unreasonable customs are those that are contrary to public policy and these, even if they are customs, are rejected by courts based on reasonableness. For example, certain ancient Hindu customs included dancing girls in temples to bring up their daughters as prostitutes, which is declared as illegal by courts in India.
• Discontinuance: Where family customs are applicable only to one or more families, they may be discontinued.