Solicitor General Tushar Mehta on Saturday said that linking Hindu law with 'Manusmriti' is a misconception. He said that except Assam and Bengal, most of the Hindus in the rest of the country follow 'Mitakshara' ideology. While delivering a lecture on 'Ancient Knowledge and Legal Wisdom' in Delhi, Mehta said, 'Those who allege that Hindu law is based on 'Manusmriti' are factually wrong. Most of India follows the 'Mitakshara' ideology which is based on 'Yajnavalkya Smriti'.
During the lecture, SG told that two schools of Hindu law have been prevalent in India since ancient times, at least before 700 AD. The first is 'Mitakshara' and the second is 'Dayabhag'. He said that the 'Mitakshara' ideology developed by Vijnaneshwar is completely based on 'Yagyavalkya Smriti' and not on 'Manusmriti' as is wrongly believed. He said that this ideology is prevalent in the entire country except Bengal and Assam. Bengal and Assam follow 'Dayabhaga' ideology based on 'Manusmriti'.
Explaining the difference between the two ideologies based on the rights of succession mentioned in the scriptures, he said that in the Dayabhaga ideology, succession was applicable only to those people who could perform Pind Daan. The meaning of 'Pind' was rice bread offered to the ancestors as Shraddha. Its meaning was very limited in the 'Dayabhag' ideology prevalent in the two states.
He said that the 'Mitakshara' ideology was liberal and more dynamic as it gave the right of inheritance by birth, in which 'Pinda' was considered as DNA. This concept persists even today because in a Hindu family, co-parceners get the right of inheritance by birth.
On the right to adopt, Mehta presented four different interpretations and said that Hindu scripture-based laws are capable of dynamic interpretation. Praising the ancient knowledge, he said that the system of 'forbidden relations' which was created even before 700 AD, was approved by the Parliament by making it a part of the Hindu Marriage Law.
