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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.

Result
Your answer:  ·  Correct: B
Explanation

The correct answer is Option 2. This is based on the fundamental legal distinctions between the two major schools of Hindu Law.

  • Statement 1 is incorrect: Both Mitakshara and Dayabhaga systems were applicable based on geographical jurisdiction rather than caste. Mitakshara prevailed across most of India, while Dayabhaga was primarily followed in Bengal and Assam.
  • Statement 2 is correct: Under the Mitakshara school, a son acquires a right in the ancestral property by birth, allowing him to claim partition during the father's lifetime. Conversely, in the Dayabhaga school, the son's right arises only after the father's death; the father remains the absolute owner during his lifetime.
  • Statement 3 is incorrect: Both systems primarily deal with male coparcenary rights, but neither is exclusive to one gender. Both schools have specific provisions regarding Stridhana and female inheritance rights under certain conditions.

Thus, only the second statement accurately reflects the legal distinction regarding the timing of property rights.

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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
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 2
In the history of ancient India, was the Dayabhaga school of Hindu law regarded as the civil law specifically for lower castes?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 4/5
"Mitakshara refers to the c ivil law applicable to upper castes whereas Dayabhaga is the civil law for lower castes."
Why this source?
  • Explicitly states a contrast between Mitakshara and Dayabhaga along caste lines.
  • Directly names Dayabhaga as "the civil law for lower castes," matching the claim.

History , class XI (Tamilnadu state board 2024 ed.) > Chapter 4: Emergence of State and Empire > Judicial Administration > p. 55
Strength: 5/5
“Justice was administered through courts, which were established in all the major towns. Two types of courts are mentioned. The dharmasthiya courts mostly dealt with civil law relating to marriage, inheritance and other aspects of civil life. The courts were presided over by three judges well-versed in sacred laws and three amatyas (secretaries). Another type of court was called kantakasodhana (removal of thorns), also presided over by three judges and three amatyas.”
Why relevant

Describes dharmasthiya courts as handling civil law (marriage, inheritance) and presided over by judges well-versed in sacred laws — showing civil matters were governed by religious-legal schools.

How to extend

A student could check whether Dayabhaga (a sacred-legal school) was applied generally in dharmasthiya courts or was restricted to particular castes/communities using regional studies or court records.

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: 4/5
“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

Says pre-British judicial practice 'paid heed to caste distinctions' and differentiated punishments and legal treatment by caste, indicating law application could vary by caste.

How to extend

One can infer it was plausible for different legal customs or schools to apply to different castes and thus investigate whether Dayabhaga was one such variant used for lower castes.

Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 13: Cultural Setting > SCHEDULED CASTES (16.60% OF THE TOTAL POPULATION) > p. 37
Strength: 3/5
“The term Scheduled Caste appeared for the first time in the Government of India Act, 1935 and the Government of India scheduled castes Order, 1936. Dr. B.R. Ambedkar preferred to call them the Depressed Classes and Mahatma Gandhi called them the Harijans. The Constitution of India has retained the term scheduled castes. The origin of the scheduled castes lies in the ancient past when the various Hindu scriptures placed them at the lowest ladder of Chaturvarna (four-fold hierarchical social order). Perhaps it was based on division of labour initially, but became hereditary and exclusive practice of the dogmatic doctrine of purity and pollution.”
Why relevant

Explains lower castes were placed at the bottom of chaturvarna and subject to concepts of purity/pollution — social categories that often influenced legal rights (e.g., inheritance, marriage).

How to extend

Use this social background to assess whether a legal school might have had caste-specific rules affecting lower castes, prompting targeted textual or regional inquiry about Dayabhaga provisions.

Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 13: Cultural Setting > Caste and Village Community > p. 6
Strength: 3/5
“privileges which were denied to the lower castes. The lower castes were tenants, servants, landless labourers, doctors, and clients of the higher castes. There was competition among the former to be clients of the rich and powerful patrons while the latter wanted to have as many clients as possible. The patron had duties towards clients and vice versa. The caste system together with the inequalities of landownership produced a deeply stratified society, but that did not prevent the village from functioning as a community. Conflict and cooperation went together. In recent years the lower castes have shown an increasing desire to free themselves from the control of the locally dominant caste.”
Why relevant

Notes lower castes' typical occupations and social roles and that caste and landownership produced stratification — factors directly relevant to civil law areas like tenancy and inheritance.

How to extend

A student could look for Dayabhaga rules on inheritance/tenancy to see if they contain special provisions for occupational or lower-caste groups.

Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8] Fundamental Rights and Fundamental Duties 113 > p. 113
Strength: 2/5
“Article 16(4) is exhaustive of the provisions that can be made in favour of the backward classes in the matter of employment. 2. Backward classes of citizens is not defined in the Constitution. There is an integral connection between caste, occupation, poverty and social backwardness. In the Indian context, lower castes are treated as backwards. A caste may by itself constitute a class. 3. The backward classes can be identified in Hindu society with reference to castes along with other criteria such as traditional occupation, poverty, place of residence, lack of education etc., and in communities where caste is not recognised the rest of the criteria would apply.”
Why relevant

Links the notion of 'backward classes' to caste, occupation and legal identification, showing that legal regimes have been considered in relation to caste status.

How to extend

This connection supports examining constitutional/colonial-era or classical legal commentaries to see if Dayabhaga was described or later treated as applying to 'backward' or 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)?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"under the Mitakshara School of Hindu Law, each son and now daughters vide the Hindu Succession (Amendment) Act, 2005, in Section 6, are coparceners in their own right and upon birth, take an equal interest in the ancestral property, whether movable or immovable."
Why this source?
  • Explicitly states that under the Mitakshara School each son (and now daughters) are coparceners in their own right.
  • Says they 'upon birth, take an equal interest in the ancestral property,' which directly describes a right by birth.
  • Notes that being so entitled they can seek partition, indicating an immediate proprietary interest.
Web source
Presence: 4/5
"the Mitakshara School of Hindu Law recognized ownership of each coparcener over the whole of joint property and over each part thereof"
Why this source?
  • Affirms that the Mitakshara School recognized ownership of each coparcener over the whole of joint property.
  • Supports the view that each coparcener (i.e., sons) had proprietary rights in ancestral property during the joint family period.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 5: Expansion and Consolidation of British Power in India > Doctrine of Lapse > p. 123
Strength: 3/5
“In simple terms, the doctrine stated that the adopted son could be the heir to his foster father's private property, but not the state; it was for the paramount power (the British) to decide whether to bestow the state on the adopted son or to annex it. The doctrine was stated to be based on Hindu law and Indian customs, but Hindu law seemed to be somewhat inconclusive on this point, and the instances of”
Why relevant

Notes that doctrines presented as ‘Hindu law’ (here re: succession/adoption) were sometimes inconclusive or varied in practice.

How to extend

A student could use this to justify checking whether Mitakshara rules were one of those variable doctrines or had clear prescriptions about sons' rights during a father's life.

THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.) > Chapter 3: Kinship, Caste and Class > 2.2 The ideal of patriliny > p. 55
Strength: 5/5
“Under patriliny, sons could claim the resources (including the throne in the case of kings) of their fathers when the latter died. Most ruling dynasties (c. sixth century BCE onwards) claimed to follow this system, although there were variations in practice: sometimes there were no sons,”
Why relevant

States the general patrilineal principle that 'sons could claim the resources (including the throne) of their fathers when the latter died' — tying inheritance claim to the father's death.

How to extend

A student could contrast this general rule (inheritance at death) with the claim that Mitakshara gave sons rights during the father's lifetime and look for sources that confirm which approach Mitakshara followed.

History , class XI (Tamilnadu state board 2024 ed.) > Chapter 2: Early India: The Chalcolithic, Megalithic, Iron Age and Vedic Cultures > Political Organization > p. 28
Strength: 3/5
“Romila Thapar characterizes the developments in the first millennium BCE as the movement from lineage to state. The development of state-level political organization emerged only after 500 BCE, and the Later Vedic society was therefore in transition. Several lineages became more territorial and settled in the Later Vedic Age. This is evidenced by the term janapada, as we saw earlier. Lineage is a group of people descended from a common ancestor. As we saw earlier, the clans of Bharatas and Purus combined to form the Kurus, and along with the Panchalas they occupied the central part of the Ganga-Yamuna doab.”
Why relevant

Describes social shift from lineage to more territorial polities and notes lineages as groups descended from a common ancestor — context for how inheritance and patrimony were socially organized.

How to extend

A student might use this context to reason that norms of lineage-based property transmission (whether at death or earlier) could vary with social/political forms and test if Mitakshara norms align with lineage or territorial patterns.

Exploring Society:India and Beyond ,Social Science-Class VII . NCERT(Revised ed 2025) > Chapter 4: New Beginnings: Cities and States > Early Democratic Traditions > p. 72
Strength: 3/5
“elders. His position was hereditary, in the sense that a rājā would usually be the son of the previous one. The king would collect taxes or revenue, maintain law and order, get impressive fortifications built around their capital, and maintain an army to defend the territory or wage war with neighbouring ones, as the case may be. Magadha (located in part of today's Bihar), Kosala (in part of today's Uttar Pradesh) and Avanti (in part of today's Madhya Pradesh) were among the most powerful such states. However, at least two mahājanapadas, Vajji (or Vṛijji) and the neighbouring Malla, had a different system: the sabhā or samiti had more power and took important decisions through discussion, and, if necessary, through vote.”
Why relevant

Explains hereditary succession of rulers (sons usually succeeding fathers) — another example where rights transfer on death rather than during the predecessor's lifetime.

How to extend

A student can analogize royal succession patterns (inheritance at successor’s assumption) to family property norms and investigate whether Mitakshara mirrored this 'at death' transfer or allowed rights by birth.

Themes in world history, History Class XI (NCERT 2025 ed.) > Chapter 2: An Empire Across Three Continents > Gender, Literacy, Culture > p. 44
Strength: 2/5
“One of the more modern features of Roman society was the widespread prevalence of the nuclear family. Adult sons did not live with their families, and it was exceptional for adult brothers to share a common household. On the other hand, slaves were included in the family as the Romans understood this. By the late Republic (the first century BCE), the typical form of marriage was one where the wife did not transfer to her husband's authority but retained full rights in the property of her natal family. While the woman's dowry went to the husband for the duration of the marriage, the woman remained a primary heir of her father and became an independent property owner on her father's death.”
Why relevant

Provides a cross-cultural contrast (Roman family) where adult sons were independent and inheritance patterns differed, showing that family-property norms vary by society.

How to extend

A student could use this contrast to frame a comparative test: if Roman norms differ, check primary sources on Mitakshara to see which model it resembled (joint family/right by birth vs. post-death succession).

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?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"Dayabhaga system, sons can only claim right to the property after the death of the father."
Why this source?
  • Directly states the rule of the Dayabhaga system regarding sons' rights.
  • Explicitly ties the timing of the sons' claim to the father's death, matching the statement.

THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.) > Chapter 3: Kinship, Caste and Class > 2.2 The ideal of patriliny > p. 55
Strength: 5/5
“Under patriliny, sons could claim the resources (including the throne in the case of kings) of their fathers when the latter died. Most ruling dynasties (c. sixth century BCE onwards) claimed to follow this system, although there were variations in practice: sometimes there were no sons,”
Why relevant

Describes patriliny as a system where sons could claim their fathers' resources when the latter died — a general pattern tying male inheritance to the father's death.

How to extend

A student could compare this general patrilineal rule with regional legal texts (e.g., Dayabhaga) to check whether Dayabhaga followed the same ‘rights on death’ timing.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 5: Expansion and Consolidation of British Power in India > Doctrine of Lapse > p. 123
Strength: 4/5
“In simple terms, the doctrine stated that the adopted son could be the heir to his foster father's private property, but not the state; it was for the paramount power (the British) to decide whether to bestow the state on the adopted son or to annex it. The doctrine was stated to be based on Hindu law and Indian customs, but Hindu law seemed to be somewhat inconclusive on this point, and the instances of”
Why relevant

Discusses Hindu law and inheritance in the context of the doctrine of lapse and notes that Hindu law was 'somewhat inconclusive' on who inherits, indicating variation and legal debate about inheritance rules.

How to extend

A student can use this hint of legal inconclusiveness to justify checking whether Dayabhaga (a named school) specifically ties sons' rights to the father's death or recognizes other timings.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 7: The Revolt of 1857 > Socio-Religious Causes > p. 170
Strength: 3/5
“Racial overtones and a superiority complex characterised the British administrative attitude towards the native Indian population. The activities of Christian missionaries who followed the British flag in India were looked upon with suspicion by Indians. The attempts at socio-religious reform such as abolition of sati, support to widow-marriage and women's education were seen by a large section of the population as interference in the social and religious domains of Indian society by outsiders. These fears were compounded by the government's decision to tax mosque and temple lands and making laws such as the Religious Disabilities Act, 1856, which modified Hindu customs, for instance, declaring that a change of religion did not debar a son from inheriting the property of his 'heathen' father.”
Why relevant

Mentions legal modification that a son's change of religion did not debar him from inheriting his father's property—shows inheritance rights were conceived as a legal entitlement to property of a (deceased or living) father.

How to extend

A student could use this example of legal treatment of inheritance to investigate whether entitlement under various schools (including Dayabhaga) is contingent on the father's death or exists earlier.

History , class XI (Tamilnadu state board 2024 ed.) > Chapter 4: Emergence of State and Empire > Bindusara > p. 51
Strength: 3/5
“Chandragupta's son Bindusara succeeded him as emperor in 297 BCE in a peaceful and natural transition. We do not know what happened to Chandragupta. He probably renounced the world. According to the Jain tradition, Chandragupta spent his last years as an ascetic in Chandragiri, near Sravanabelagola, in Karnataka. Bindusara was clearly a capable ruler and continued his father's tradition of close interaction with the Greek states of West Asia. Bindusara ruled for 25 years, and he must have died in 272 BCE. Ashoka was not his chosen successor, and the fact that he came to the throne only four years later in 268 BCE would indicate that there was a struggle between the sons of Bindusara for the succession.”
Why relevant

Gives an example of royal succession where a son (Bindusara) succeeded his father, implying succession/rights activated on the predecessor's removal (death or renunciation).

How to extend

A student might contrast succession practices in political rulership with family-property laws (Dayabhaga) to test whether both contexts treat sons' rights as arising on death.

Statement 5
Did the Mitakshara school of Hindu law in ancient India deal only with property held by male members of a family?
Origin: Web / Current Affairs Fairness: CA heavy Web-answerable

Web source
Presence: 5/5
"under the Mitakshara School of Hindu Law, each son and now daughters vide the Hindu Succession (Amendment) Act, 2005, in Section 6, are coparceners in their own right and upon birth, take an equal interest in the ancestral property, whether movable or immovable."
Why this source?
  • Explicitly states that both sons and (since the 2005 amendment) daughters are coparceners with equal interest in ancestral property.
  • Shows that coparcenary under Mitakshara concerns ancestral property (movable and immovable), not limited to male holders alone after amendment.
Web source
Presence: 4/5
"the Mitakshara School of Hindu Law recognized ownership of each coparcener over the whole of joint property and over each part thereof"
Why this source?
  • Affirms that Mitakshara recognized ownership of each coparcener over the whole of joint property and over each part thereof.
  • Supports the idea that Mitakshara deals with coparcenary interests in joint/family property (not exclusively individual male-held property).
Web source
Presence: 3/5
"The parties are Hindu Brahmins. Their father Devi Prasad divided the property amongst his three sons contemporaneously ... As under the Mitakshara law, the father i.e. Devi Prasad had the power to divide the family property during his lifetime"
Why this source?
  • Gives an example where the father divided property among his three sons, indicating historical practice focused on male coparceners.
  • Provides context that Mitakshara law empowered the father to divide family property among sons during his lifetime.

Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 2: Indian States and Society in the 18th Century > Social and Cultural Life > p. 40
Strength: 5/5
“The family system in the 18th century India was primarily patriarchal, that is, the family was dominated by the senior male member and inheritance was through the male line. In Kerala, however, the family was matrilineal. Outside Kerala, women were subjected to nearly complete male control. They were expected to live as mothers and wives only, though in these roles they were shown a great deal of respect and honour. Boys and girls were not permitted to mix with each other. All marriages were arranged by the heads of the families. Men were permitted to have more than one wife, but, except for the well-off, they normally had only one.”
Why relevant

States that the family system was primarily patriarchal and inheritance was through the male line, implying legal/informal rules favouring male property rights.

How to extend

A student could combine this with the fact that Mitakshara is a classical Hindu-law commentary to hypothesize that its rules likely reflect male-line inheritance norms.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 8: Socio-Religious Reform Movements: General Features > Fight for Betterment of Position of Women > p. 195
Strength: 4/5
“The reformers had to work against great odds. Women were generally accorded a low status and were considered to be inferior adjuncts to men, with no identity of their own. They enjoyed no scope of giving expression to their talents as they were suppressed by practices such as purdah, early marriage, ban on widow-marriage, sati, etc. Both Hindu and Muslim women were economically and socially dependent on male relatives, while education was generally denied to them. The Hindu women did not enjoy the right to inherit property or to terminate an undesirable marriage. Muslim women could inherit property but only half as much as men could, while in matters of divorce there was no equality between men and women.”
Why relevant

Says Hindu women did not enjoy the right to inherit property, indicating common legal/social exclusion of women from inheritance.

How to extend

Use this pattern to infer that major Hindu legal schools (like Mitakshara) might primarily regulate male-held property if women typically lacked inheritance rights.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 4: India on the Eve of British Conquest > Position of Women in Society > p. 77
Strength: 4/5
“In the patriarchal family system in India (except in some social groups in Kerala), women possessed little individuality of their own, though there were a few exceptions. While upper class women remained at home, lower class women worked in fields and outside their homes supplementing the family income. Certain outdated and exploitative social customs and traditions such as the purdah, sati, child marriage, polygamy did exist which hindered the progress of women. The plight of the Hindu widow was usually miserable.”
Why relevant

Notes the patriarchal family system with women possessing little individuality and the miserable plight of widows, reinforcing limited female property claims in practice.

How to extend

A student could treat this as contextual support that legal doctrines emerging in such a setting would focus on male proprietorship and succession.

History , class XI (Tamilnadu state board 2024 ed.) > Chapter 17: Effects of British Rule > Doctrine of Lapse > p. 267
Strength: 4/5
“Traditionally Hindu custom allowed the adoption of a son in the absence of The adopted male heirs. The son had the right to inherit property. In this context, the question raised was whether such an adopted prince holding the state subordinate. Dalhousie To the Paramount Power (England) could succeed without the consent of the latter. Before Dalhousie's arrival, the custom was to obtain the sanction of the Company government before or after adoption. Governor General Dalhousie held that the paramount power could legally refuse to sanction adoption in the case of rulers of States dependent on it. This meant that dependent States could be regarded as lapsed to the Paramount Power, by its refusal to sanction the succession of adopted sons.”
Why relevant

Describes the traditional Hindu custom of adoption of a son who then had right to inherit property, emphasizing male-line succession mechanisms.

How to extend

Combine this specific male-heir emphasis with knowledge that Mitakshara deals with inheritance to suspect it centers on male heirs and their property rights.

THEMES IN INDIAN HISTORY PART II, History CLASS XII (NCERT 2025 ed.) > Chapter 8: Peasants, Zamindars and the State > Ü Discuss... > p. 207
Strength: 3/5
“Wives protested against the infidelity of their husbands or the neglect of the wife and children by the male head of the household, the grihasthi. While male infidelity was not always punished, the state and "superior" caste groups did intervene when it came to ensuring that the family was adequately provided for. In most cases when women petitioned to the panchayat, their names were excluded from the record: the petitioner was referred to as the mother, sister or wife of the male head of the household. Amongst the landed gentry, women had the right to inherit property. Instances from the Punjab show that women, including widows, actively participated in the rural land market as sellers of property inherited by them.”
Why relevant

Gives an example where women (including widows) sometimes did inherit and participate in the land market, showing exceptions to the general male-focused pattern.

How to extend

A student could use this to test the statement by seeking whether Mitakshara incorporated such exceptions or whether its scope was limited to male property only.

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?
Origin: Weak / unclear Fairness: Borderline / guessy
Indirect textbook clues
Modern India ,Bipin Chandra, History class XII (NCERT 1982 ed.)[Old NCERT] > Chapter 2: Indian States and Society in the 18th Century > Social and Cultural Life > p. 40
Strength: 4/5
“The family system in the 18th century India was primarily patriarchal, that is, the family was dominated by the senior male member and inheritance was through the male line. In Kerala, however, the family was matrilineal. Outside Kerala, women were subjected to nearly complete male control. They were expected to live as mothers and wives only, though in these roles they were shown a great deal of respect and honour. Boys and girls were not permitted to mix with each other. All marriages were arranged by the heads of the families. Men were permitted to have more than one wife, but, except for the well-off, they normally had only one.”
Why relevant

Identifies Kerala as matrilineal while rest of India was patriarchal, suggesting regional legal variations in inheritance and property rights.

How to extend

A student could check that Dayabhaga originated in Bengal (a different region) and compare regional inheritance customs to infer whether Dayabhaga might address property held by both sexes.

THEMES IN INDIAN HISTORY PART II, History CLASS XII (NCERT 2025 ed.) > Chapter 8: Peasants, Zamindars and the State > Ü Discuss... > p. 207
Strength: 4/5
“Wives protested against the infidelity of their husbands or the neglect of the wife and children by the male head of the household, the grihasthi. While male infidelity was not always punished, the state and "superior" caste groups did intervene when it came to ensuring that the family was adequately provided for. In most cases when women petitioned to the panchayat, their names were excluded from the record: the petitioner was referred to as the mother, sister or wife of the male head of the household. Amongst the landed gentry, women had the right to inherit property. Instances from the Punjab show that women, including widows, actively participated in the rural land market as sellers of property inherited by them.”
Why relevant

Notes that among the landed gentry women could inherit and act as sellers of land, indicating situations where women held and transacted property.

How to extend

One could extend this by investigating whether Dayabhaga jurisprudence recognizes such female-held land transactions in regions where it applied.

THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.) > Chapter 3: Kinship, Caste and Class > 4.1 Gendered access to property > p. 68
Strength: 5/5
“Women could not claim a share of these resources. However, women were allowed to retain the gifts they received on the occasion of their marriage as stridhana (literally, a woman's wealth). This could be inherited by their children, without the husband having any claim on it. At the same time, the Manusmriti warned women against hoarding family property, or even their own valuables, without the husband's permission. You have read about wealthy women such as the Vakataka queen Prabhavati Gupta (Chapter 2). However, cumulative evidence – both epigraphic and textual – suggests that while upper-class women may have had access to resources, land, cattle and money were generally controlled by men.”
Why relevant

Explains the concept of stridhana — gifts a woman kept and which her children could inherit independently of the husband — a legal category for women's property.

How to extend

A student might test whether Dayabhaga doctrine includes or treats stridhana distinctly, implying it deals with property held by women.

THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.) > Chapter 2: Kings, Farmers and Towns > 5.4 Land grants and new rural elites > p. 40
Strength: 3/5
“Let us look at one such inscription more closely. Prabhavati Gupta was the daughter of one of the most important rulers in early Indian history, Chandragupta II (c. 375-415 CE). She was married into another important ruling family, that of the Vakatakas, who were powerful in the Deccan (see Map 3). According to Sanskrit legal texts, women were not supposed to have independent access to resources such as land. However, the inscription indicates that Prabhavati had access to land, which she then granted. This may have been because she was a queen (one of the few known from early Indian history), and her situation was therefore exceptional.”
Why relevant

Gives an example (Queen Prabhavati Gupta) where women had independent access to land despite Sanskrit texts generally denying such access, highlighting exceptions and textual/legal flexibility.

How to extend

One could examine if Dayabhaga (as a textual legal school) records similar exceptions or principles allowing women's land rights.

Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 8: Socio-Religious Reform Movements: General Features > Fight for Betterment of Position of Women > p. 195
Strength: 3/5
“The reformers had to work against great odds. Women were generally accorded a low status and were considered to be inferior adjuncts to men, with no identity of their own. They enjoyed no scope of giving expression to their talents as they were suppressed by practices such as purdah, early marriage, ban on widow-marriage, sati, etc. Both Hindu and Muslim women were economically and socially dependent on male relatives, while education was generally denied to them. The Hindu women did not enjoy the right to inherit property or to terminate an undesirable marriage. Muslim women could inherit property but only half as much as men could, while in matters of divorce there was no equality between men and women.”
Why relevant

Contrasts Hindu women's general lack of inheritance rights with Muslim women's partial inheritance rights, illustrating that legal traditions differ and that specific schools may vary on women's property rights.

How to extend

This encourages checking Dayabhaga (a specific Hindu legal school) for whether it followed stricter norms or allowed broader female property rights compared to other systems.

Pattern takeaway: UPSC loves to test 'Regional' differences as 'Caste' or 'Class' differences to trap you. If a statement claims a binary social divide (Rich vs Poor, Upper vs Lower) for a cultural tradition, it is highly likely a fabrication. Real history is usually regional or sectarian.
How you should have studied
  1. [THE VERDICT]: Hidden Current Affairs. It looks like a static history bouncer, but it was solvable if you read the 'Background' section of the 2020 Hindu Succession Act news reports.
  2. [THE CONCEPTUAL TRIGGER]: GS2 Polity & Social Justice. The debate on the Hindu Succession Amendment Act (2005) and the 2020 clarification on retrospective applicability.
  3. [THE HORIZONTAL EXPANSION]: Memorize the Authors & Regions: 1) Mitakshara: Written by Vijnanesvara (Court of Vikramaditya VI, W. Chalukya). Region: All India except Bengal/Assam. Principle: 'Janmasvatvavada' (Right by birth). 2) Dayabhaga: Written by Jimutavahana (Sena Dynasty). Region: Bengal & Assam. Principle: 'Uparamasvatvavada' (Right after death).
  4. [THE STRATEGIC METACOGNITION]: When the Supreme Court interprets a 'Personal Law' or historical custom, do not stop at the verdict. Reverse-engineer the history of that law using Wikipedia or legal explainers. The 'Static' question will come from the 'Context' of the news, not the news itself.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Caste-based legal differentiation in pre-modern India
💡 The insight

Pre-modern judicial practice applied different rules and punishments based on caste hierarchy, with separate customary adjudication mechanisms.

High-yield for questions on the evolution of Indian legal institutions and social hierarchy; helps explain continuity and change when comparing customary caste courts with later formal legal systems. Enables answers on how social status affected legal outcomes and on causes of legal reforms under colonial rule.

📚 Reading List :
  • 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
  • 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
🔗 Anchor: "In the history of ancient India, was the Mitakshara school of Hindu law regarded..."
📌 Adjacent topic to master
S1
👉 Colonial legal reform: equality before law and removal of caste jurisdiction
💡 The insight

British administration instituted uniform application of law and removed the judicial functions of caste panchayats, replacing caste-based legal pluralism.

Critical for essays and mains questions on the impact of colonial governance on Indian society and law; links legal history with social reform movements and modernization debates. Useful for comparative questions on customary vs. state law and on drivers of social change.

📚 Reading List :
  • 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
  • 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
🔗 Anchor: "In the history of ancient India, was the Mitakshara school of Hindu law regarded..."
📌 Adjacent topic to master
S1
👉 Upper-caste customary practices affecting civil rights (inheritance, widow remarriage, sati)
💡 The insight

Upper-caste social customs restricted widow remarriage, limited women's inheritance and included practices like sati, reflecting caste-linked civil norms.

Useful for topics on gender and social institutions in Indian history and for evaluating the social basis of customary law; helps frame arguments about why reform movements and legal uniformity were pursued. Enables focused answers on intersection of caste, gender and law.

📚 Reading List :
  • History , class XI (Tamilnadu state board 2024 ed.) > Chapter 14: The Mughal Empire > 14.9 Mughal Society > p. 214
  • 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
🔗 Anchor: "In the history of ancient India, was the Mitakshara school of Hindu law regarded..."
📌 Adjacent topic to master
S2
👉 Caste hierarchy, purity–pollution and untouchability
💡 The insight

Understanding caste hierarchy and the concepts of purity–pollution and untouchability is essential to assess claims about differentiated legal treatment for lower castes.

High-yield for UPSC because caste social structure underpins questions on social institutions, reform movements, and policy for disadvantaged groups. Links social history with legal and economic consequences (land relations, labour, access to resources). Enables answers on continuity/change in social stratification and state responses.

📚 Reading List :
  • Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 13: Cultural Setting > SCHEDULED CASTES (16.60% OF THE TOTAL POPULATION) > p. 37
  • Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 14: Settlements > Religio-Ritual Model of Rural Settlements > p. 15
  • Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 13: Cultural Setting > Caste and Village Community > p. 6
🔗 Anchor: "In the history of ancient India, was the Dayabhaga school of Hindu law regarded ..."
📌 Adjacent topic to master
S2
👉 Dharmasthiya courts and civil law (marriage, inheritance)
💡 The insight

Knowledge of dharmasthiya courts and their jurisdiction over civil matters like marriage and inheritance is central to evaluating whether any legal school applied differently by caste.

Important for UPSC as it connects institutional history (judicial administration) with social law. Helps answer questions on legal pluralism, role of sacred law in civil governance, and contrasts with later uniform legal systems under colonial rule.

📚 Reading List :
  • History , class XI (Tamilnadu state board 2024 ed.) > Chapter 4: Emergence of State and Empire > Judicial Administration > p. 55
  • 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
🔗 Anchor: "In the history of ancient India, was the Dayabhaga school of Hindu law regarded ..."
📌 Adjacent topic to master
S2
👉 Legal recognition of 'Scheduled Castes' and modern terminology
💡 The insight

Recognising when and how the term 'Scheduled Caste' and modern legal categories emerged is necessary to separate ancient legal practices from modern statutory classifications.

Useful for UPSC framing of historical versus modern legal categories, constitutional provisions, and affirmative action policy. Enables clear differentiation between historical social status and contemporary legal recognition and remedies.

📚 Reading List :
  • Geography of India ,Majid Husain, (McGrawHill 9th ed.) > Chapter 13: Cultural Setting > SCHEDULED CASTES (16.60% OF THE TOTAL POPULATION) > p. 37
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8] Fundamental Rights and Fundamental Duties 113 > p. 113
  • 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
🔗 Anchor: "In the history of ancient India, was the Dayabhaga school of Hindu law regarded ..."
📌 Adjacent topic to master
S3
👉 Patriliny and inheritance at death
💡 The insight

Patriliny conferred claims on a father's resources primarily upon his death, distinguishing inheritance at death from any pre-death entitlement.

High-yield for questions on kinship and property: helps distinguish lineage-based succession norms from lifetime rights; links to social structure, royal succession and legal inheritance doctrines. Enables answers comparing traditional inheritance practices with later legal schools.

📚 Reading List :
  • THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.) > Chapter 3: Kinship, Caste and Class > 2.2 The ideal of patriliny > p. 55
  • History , class XI (Tamilnadu state board 2024 ed.) > Chapter 2: Early India: The Chalcolithic, Megalithic, Iron Age and Vedic Cultures > Political Organization > p. 28
🔗 Anchor: "Under the Mitakshara school of Hindu law in ancient India, did sons acquire a ri..."
🌑 The Hidden Trap

The Authors and Patrons: Mitakshara was written by Vijnanesvara under the patronage of King Vikramaditya VI (Western Chalukya dynasty). Dayabhaga was written by Jimutavahana, a minister in the Sena dynasty of Bengal.

⚡ Elimination Cheat Code

The 'Binary Class Trap'. Statement 1 claims Mitakshara was for 'Upper Castes' and Dayabhaga for 'Lower Castes'. In Indian history, legal schools were almost always REGIONAL (e.g., Bengal vs. Rest of India) or SECTARIAN, never strictly 'Caste-Binary'. This simplistic 'Rich vs Poor' division is a classic UPSC trap option. Eliminate 1, and you are left with Option B.

🔗 Mains Connection

GS1 Society (Regionalism) & GS2 Polity (UCC): These schools represent the 'Legal Pluralism' of ancient India. The British codified them, and independent India tried to unify them (Hindu Code Bills), leading to the current debates on the Uniform Civil Code (Article 44).

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SIMILAR QUESTIONS

IAS · 2016 · Q17 Relevance score: 0.73

With reference to the cultural history of medieval India, consider the following statements : 1. Siddhas (Sittars) of Tamil region were monotheistic and condemned idolatry. 2. Lingayats of Kannada region questioned the theory of rebirth and rejected the caste hierarchy. Which of the statements given above is/are correct?

CDS-II · 2023 · Q98 Relevance score: -0.30

Which of the following statements is/are correct? 1. The Bakshali Manuscript written in the Gatha language (a refined version of old Prakrit) using the Sharada script deals with topics such as fractions, square roots, arithmetic and geometric progressions. 2. In the field of geometry, Aryabhatta described the various properties of a circle giving a very accurate value for pi (π) correct to four decimal places as 3.1416. 3. Sharangadhara Samhita is an important text on political system of ancient India. Select the correct answer using the code given below : (a) 1, 2 and 3 (b) 1 and 3 only (c) 1 and 2 only (d) 2 only

IAS · 2012 · Q7 Relevance score: -0.38

With reference to the guilds (Shreni) of ancient India that played a very important role in the country’s economy, which of the following statements is/ are correct? 1. Every guild was registered with the central authority of the State and the king was the chief administrative authority on them. 2. The wages, rules of work, standards and prices were fixed by the guild. 3. The guild had judicial powers over its own members. Select the correct answer using the codes given below:

CDS-II · 2024 · Q66 Relevance score: -0.55

Consider the following statements with reference to the Utpala dynasty of Kashmir: 1. Avantivarman, the founder, devoted his energies to the economic upliftment of his subjects. 2. Avantivarman's period in Kashmir is known for the engineering operations under his minister Suyya, resulting in the enormous increase of grains and fall in prices. Which of the statements given above is/are correct?

CDS-II · 2012 · Q18 Relevance score: -0.75

Which among the following statements regarding the Gupta dynasty is/are correct? 1. The Kumaramatyas were the most important officers and they were appointed directly by the King in the home provinces. 2. The village headmen lost importance and land transactions began to be effected without their consent. Select the correct answer using the code given below : Code :