Those sources from which the law derives its force and validity, are _____.
The movement of molecules close to a source of heat away from it and of those molecules which are away from the source of heat towards the source is called ____________.
The moving away of molecules close to a source of heat and of those molecules which are away from the source of heat towards the source is called ____________.
Ammonia gas always follows law of definite proportions even if it is derived from different sources.
Custom is contemplated as the third source of Hindu law and in the ancient times it was also deemed to be the highest ‘Dharma.’ Customs are considered to be the cardinal source and are positioned next to ‘Shruti’ and ‘Smritis. Custom is also acknowledged as a major source of law under the velarium of the Indian Legal System. The Hindu Code describes custom and usage as any rule which has been practiced incessantly and uniformly to be observed for a long time, thus, obtains the force of law…in any local area, tribe, community, group or family, if it is certain and not unreasonable or opposed to public policy. Article 13(1) of the Constitution substantiates that when the Constitution entered into force, all previous laws that were inconsistent with the Constitution were considered void. Customs is the most persuasive force which has helped us mold the ancient laws and thus, regulated the society to embody only those customs which were deemed to be right for the sake of laws to take over command in the state as to what custom was in society. The crucial elements of a valid custom can be broadly categorized into – Formative essentials and Operative essentials. Certainty, Continuity/ Uniformity, Conscious acceptance, Antiquity etc. form the Formative elements of a valid custom. Customs fulfilling the above essentials are valid at prima facie although it may be unenforceable even if it is opposed to public policy, morality or unreasonable. To have a validating effect, custom must be reasonable enough to not oppose public policies, moral policies, and express enactments of a legislature. The above stated are the Operative essentials. Hence, a valid custom must not vitiate from the above-mentioned Formative and Operative essentials.
Dadu was a tribal community from the Kaimur ranges of Bihar. Once a matter pertaining to a habit of eating dead people by the Dadu tribe was taken to the court. The counsel for the Dadu community claimed that the said practice was a custom and had been practiced by the people for 500 years. (Post the nomination of Jakka Raj as their leader). Is this a custom in the said case?
Custom is contemplated as the third source of Hindu law and in the ancient times it was also deemed to be the highest ‘Dharma.’ Customs are considered to be the cardinal source and are positioned next to ‘Shruti’ and ‘Smritis. Custom is also acknowledged as a major source of law under the velarium of the Indian Legal System. The Hindu Code describes custom and usage as any rule which has been practiced incessantly and uniformly to be observed for a long time, thus, obtains the force of law…in any local area, tribe, community, group or family, if it is certain and not unreasonable or opposed to public policy. Article 13(1) of the Constitution substantiates that when the Constitution entered into force, all previous laws that were inconsistent with the Constitution were considered void. Customs is the most persuasive force which has helped us mold the ancient laws and thus, regulated the society to embody only those customs which were deemed to be right for the sake of laws to take over command in the state as to what custom was in society. The crucial elements of a valid custom can be broadly categorized into – Formative essentials and Operative essentials. Certainty, Continuity/ Uniformity, Conscious acceptance, Antiquity etc. form the Formative elements of a valid custom. Customs fulfilling the above essentials are valid at prima facie although it may be unenforceable even if it is opposed to public policy, morality or unreasonable. To have a validating effect, custom must be reasonable enough to not oppose public policies, moral policies, and express enactments of a legislature. The above stated are the Operative essentials. Hence, a valid custom must not vitiate from the above-mentioned Formative and Operative essentials.
The Munda tribe had an annual Munda festival. During the said festival, the tribals would commit a certain act to make the goddess happy. The said act would differ from killing a goat to self-sacrifice. The said acts were challenged at a court of law. Can it be pleaded as a custom?