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Q20 (IAS/2021) History & Culture › Ancient India › Ancient social structure Official Key

With reference to the history of ancient India, which of the following statements is/are correct? 1. Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes. 2. In the Mitakshara system, the sons can claim right to the property during the lifetime of the father, whereas in the Dayabhaga system, it is only after the death of the father that the sons can claim right to the property. 3. The Mitakshara system deals with the matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with the matters related to the property held by both male and female members of a family. Select the correct answer using the code given below.

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Q. With reference to the history of ancient India, which of the following statements is/are correct? 1. Mitakshara was the civil law for upp…

At a glance

Origin: Mostly Current Affairs Fairness: Low / Borderline fairness Books / CA: 0/10 · 6.7/10

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This question masquerades as Ancient History but is actually 'Current Affairs in disguise'. It was directly triggered by the Supreme Court's 2020 judgment (Vineeta Sharma v. Rakesh Sharma) regarding daughters' coparcenary rights. While standard history books mention the authors, the specific legal difference (Right by Birth vs. Death) was detailed in newspaper 'Explained' columns that year.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1: In the history of ancient India, was the Mitakshara school of Hindu law regarded as the civil law specifically for upper castes?
Statement 2: In the history of ancient India, was the Dayabhaga school of Hindu law regarded as the civil law specifically for lower castes?
Statement 3: Under the Mitakshara school of Hindu law in ancient India, did sons acquire a right to ancestral property during their father's lifetime (right by birth)?
Statement 4: Under the Dayabhaga school of Hindu law in ancient India, were sons' rights to ancestral property recognized only upon the death of the father?
Statement 5: Did the Mitakshara school of Hindu law in ancient India deal only with property held by male members of a family?
Statement 6: Did the Dayabhaga school of Hindu law in ancient India deal with property held by both male and female members of a family?

Statement 1

In the history of ancient India, was the Mitakshara school of Hindu law regarded as the civil law specifically for upper castes?

Origin: Weak / unclear Fairness: Borderline / guessy

Indirect textbook clues

Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 6: Administrative Organisation and Social and Cultural Policy > Equality before Law > p. 113

Strength: 5/5

“The Indian legal system under the British was based on the concept of equality before law. This meant that in the eyes of law all men were equal. The same law applied to all persons, irrespective of their caste, religion, or class. Previously, the judicial system had paid heed to caste distinctions and had differentiated between the so-called high-born and low-born. For the same crime lighter punishment was awarded to a Brahmin than to a non-Brahmin. There was, however, one exception to this excellent principle of equality before law. The Europeans and their descendants had separate courts and even laws.”

Why relevant

States that pre-British judicial practice 'paid heed to caste distinctions' and treated high-born and low-born differently in law.

How to extend

A student could use this pattern to investigate whether recognized legal schools (like Mitakshara) were applied preferentially to 'high-born' Hindus for civil matters.

Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 13: Growth of New India Religious and Social Reform After 1858 > Struggle Against Caste > p. 232

Strength: 4/5

“For example, a brahmin or upper caste merchant could hardly misopportunity of trading in skins or shoes nor would he agree to himself the opportunity of becoming a doctor or a soldier. Free si land upset the caste balance in many villages. The close conne between caste and vocation could hardly continue in a modern indu society in which the profit motive was increasingly becoming dom In administration, the British introduced equality before law, took the judicial functions of caste panchavats, and gradually opened the of administrative services to all castes. Moreover, the new educa system was wholly secular and therefore basically opposed to caste di tions and caste outlook.”

Why relevant

Notes that the British removed judicial functions of caste panchayats and that earlier administration allowed caste-linked legal differences.

How to extend

One could check whether customary or canon law (e.g., Mitakshara) supplanted or coexisted with caste panchayats for upper-caste civil disputes before British reforms.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 8: Socio-Religious Reform Movements: General Features > Factors that Helped to Mitigate Caste-based Discrimination > p. 200

Strength: 4/5

“The British administration introduced the concept of equality before law in a uniformly applied system of law which dealt a severe blow to social and legal inequalities, while the judicial functions of caste panchayats were taken away. The administrative services were made open to all castes and the new education system was on totally secular lines. ● The social reform movements also strove to undermine caste-based exploitation. From the mid-19th century onwards, numerous organisations and groups such as the Brahmo Samaj, Prarthana Samaj, Arya Samaj, Ramakrishna Mission, the Theosophists, the Social Conference and individuals worked to spread education among the untouchables”

Why relevant

Explains that the British introduced uniform 'equality before law' and ended caste-based judicial functions, implying there had been separate caste-linked legal norms earlier.

How to extend

Use this to infer that prior to British rule formal legal schools might have had caste-specific application — so examine whether Mitakshara was the authoritative text for upper-caste civil law.

History , class XI (Tamilnadu state board 2024 ed.) > Chapter 14: The Mughal Empire > 14.9 Mughal Society > p. 214

Strength: 4/5

“The caste system was a dominant institution in the society. Castes at lower levels were subject to much repression. Despite the popular Bhakti movement raising the banner of revolt against discrimination, the deprived and disadvantaged classes, who were landless peasants, were subject to forced labour. The Hindu women had only limited right of inheritance. Widow remarriage was not permitted among upper caste women. Along with household activities, the women were involved in spinning yarn and helped in agricultural operations. Mughal administration discouraged the practice of sati that was prevalent among communities of the higher caste.”

Why relevant

Describes social/legal restrictions tied to caste (e.g., widow remarriage prohibited among upper-caste women, inheritance limits for Hindu women), indicating caste-specific civil norms existed.

How to extend

A student could test whether Mitakshara codified such civil norms for upper castes (property, inheritance, marriage) by comparing its doctrines to those practices.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 8: Socio-Religious Reform Movements: General Features > Struggle Against Caste-Based Exploitation > p. 199

Strength: 3/5

“The later-Vedic conception of four-fold division of Hindu society got further subdivided into numerous sub-castes due to racial admixture, geographical expansion and diversification of crafts which gave rise to new vocations. The concept of Hindu chaturvarnashrama dictated that the caste of a person determined the status and relative purity”

Why relevant

States that caste determined status and purity and that chaturvarna dictated social roles — a background for caste-based legal differentiation.

How to extend

From this social rule, one can reasonably probe whether legal schools like Mitakshara were linked to the chaturvarna hierarchy and applied mainly to higher varnas.

Statement analysis