During the Hindi period in Ancient India, Hindu society, institutions and beliefs gradually developed and a definite shape was given to them the ancient Hindu ideology. In order to understand property the ancient judicial system of India, it is of vital important to consider briefly three important factors:
1. the social institutions in Ancient India.
2. its political system and institutions and lastly, its religion and religious philosophy.
the social order two important concepts may be stated, namely, the caste system and the joint family system.
(a) Caste system:
The caste system emerged in Ancient India as unique and one of the most rigid social systems ever developed in any part of the world. A caste was a social group consisting solely of persons born in it.
Whole society was divided into four main castes. The four castes were precisely and clearly defined and rules pertaining to their lawful activities and functions dominated all social activities.
The Brahmins were considered to be the most superior caste. The scholars and priests of the Hindus belonged to this caste.
The Kshatriyas were the nobles and warriors and to this caste rulers of various states and kingdoms mostly belonged.
The Sudras were the workers and ranked lowest.
The caste was determined by birth. The members of the three upper classes, namely, Brahmins, Kshatriyas and Vaisyas were the elite of Hindu society.
Each caste panchayat was regarded as a supreme authority for the particular caste in each village. It gave stability to Indian society. Though the caste system was conservative, still it was most needed to suit the requirements of Ancient India.
(b) Joint family system:
The joint family system was another important institution which determined the social order amongst Hindus in Ancient India. A family was regarded as a unit of the Hindu social system. An ancient family included parents, children, grandchildren, uncles and their descendants, and their collaterals on the male side. This social group had common dwelling and enjoyed their estate in common. At the head of the family was the patriarch, whose authority was absolute over the members of his family.
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