Other Sources.—Despite primary sources of Hindu Law there are some secondary sources.
The other sources of Hindu Law are :
(a) Custom,
(b) Legislation,
(c) Judicial decisions,
(d) Justice, equity and good conscience.
(a) Custom.—Custom is a rule which in a particular family or in a particular class of persons or in a particular locality, has from long Usage, obtained the force of law. “Custom is a rule which in a particular family or in a particular district has from long usages obtained the force of law. It must be ancient, certain and reasonable and being in the derogation of general rules of law, must be construed strictly. The obligatory character of customs is so much recognized by the ancient text-writers that every custom is supposed to be based on a lost text of the revelations. The modern authorities are equally emphatic in their acceptance of the binding force of customs.
For instance, the Privy Council have remarked : “Clear proof of usage will outweigh the written text of the law” Ramanand’s case, A.I.R. 1942 All. 100]. This is said that Smritis and digests were largely based upon customary laws. On matters not covered by the Smritis and commentaries, usage supplements the law laid down in them. According to Section 3 (a) of the Hindu Marriage Act, 1955 the expression ‘custom’ and ‘usage’ signify any rule which having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family,” provided that the rule is certain and not unreasonable or opposed to public policy; provided further that in the case of a rule applicable only to a family it has, not been discontinued by the family.
In Dr. Surjamani Stella Kujur v. DC. Hansdah, 12001 (42) AL 1847 S.C.], the Supreme Court observed. For custom to have the colour of a rule or law, it is necessary that it must be ancient, certain and reasonable.
(b) Legislation.—During the British regime in India, certain enactments have been made from time to time modifying and, supplementing the original Hindu Law, e.g., the Child Marriage Restraint Act, 1929, the Hindu Gains of Learning Act, 1930, and the Hindu Women’s Right to Property Act, 1937, etc. After independence four major legislations have been passed by the Indian Parliament which have made vital and dynamic changes in the law of marriage, adoption, maintenance, guardianship and succession.
(c) Judicial Decisions.—Judicial decisions are regarded as precedents for future cases. A precedent is not merely an evidence of iaw but a source of it and the courts of law are bound to follow the recedewis. are not sources; they have modified and supplemented the pure Hindu Law. It is not the function of the Courts to formulate the laws, but they are to interpret and ascertain the laws. Strictly speaking, legislation and judicial decisions are not sources; they have modified and supplemented the pure Hindu Law, but now they have emerged as important sources of Hindu Law.
(d) Equity, justice and good conscience.—In India the origin of equity is traced to the Hindu period when jurists explained the old laws and gave new rules of interpretation and equitable solutions in cases of a conflict between the rules of various laws. In case of a conflict between the rule of Smriti that one should be followed which is based on reason, justice and principles of equity. In view of the above observations and its practical application it will not be incorrect to mention equity, justice and good conscience as the next source of Hindu Law.