History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.413

v7.c93.413

It was declared by the Privy Council that 'under the Hindu system of law clear proof of usage will outweigh the written text of the law.'²⁰⁸⁷ From very ancient times customs and usages have been held to be authoritative. For example, Gautama XI. 20 says 'the usages of countries, castes and families are authoritative, provided they are not (directly) opposed to Vedic texts.' Manu I. 118 states that he has embodied in his Śāstra the long-standing customs and usages of countries, castes, families, heretical sects and guilds. In some matters modern legislation in India allows to customs and usages over-riding ²⁰⁸⁸ authority.