judgement – The Commune https://thecommunemag.com Mainstreaming Alternate Wed, 21 Jan 2026 15:51:13 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://thecommunemag.com/wp-content/uploads/2020/07/cropped-TC_SF-1-32x32.jpg judgement – The Commune https://thecommunemag.com 32 32 Gita, Manusmriti, Vedas: When Courts Quoted Hindu Scriptures To Give Judgements https://thecommunemag.com/gita-manusmriti-vedas-when-courts-quoted-hindu-scriptures-to-give-judgements/ Wed, 21 Jan 2026 15:51:13 +0000 https://thecommunemag.com/?p=138247 Between 2020 and 2026, courts across India repeatedly referenced Hindu scriptures such as the Manusmriti, Bhagavad Gita, Vedas, and other classical texts while delivering judgments. These citations appeared across a wide spectrum of cases, ranging from maintenance and rape convictions to labour rights, copyright law, and constitutional interpretation. Contrary to claims that such references are […]

The post Gita, Manusmriti, Vedas: When Courts Quoted Hindu Scriptures To Give Judgements appeared first on The Commune.

]]>

Between 2020 and 2026, courts across India repeatedly referenced Hindu scriptures such as the Manusmriti, Bhagavad Gita, Vedas, and other classical texts while delivering judgments. These citations appeared across a wide spectrum of cases, ranging from maintenance and rape convictions to labour rights, copyright law, and constitutional interpretation.

Contrary to claims that such references are aberrations, the judicial record shows consistent engagement with Indic philosophical texts to explain moral duty, justice, dignity, and social responsibility.

In this report, we look at 17 instances where Hindu scriptures were expressly cited in judgments or judicial reasoning.

#1 Supreme Court Cites Manusmriti on Maintenance Rights – 14 January 2026 

While deciding a maintenance claim by a widowed daughter-in-law, a Supreme Court bench comprising Justices Pankaj Mithal and SVN Bhatti cited Chapter 8, Verse 389 of the Manusmriti. The Court held that a widowed daughter-in-law has the right to seek maintenance from her father-in-law’s estate. It observed that ancient Hindu legal principles imposing a duty on the head of the family to support women align with the Hindu Adoptions and Maintenance Act, 1956. The Court clarified that moral obligations recognised in classical texts reinforce, rather than contradict, modern statutory law protecting dependent women.

#2 Punjab & Haryana HC Invokes Rajdharma and Gita for Workers’ Rights – 5 January 2026  

Justice Sandeep Moudgil invoked the Bhagavad Gita and the concept of Rajdharma while ruling in favour of long-serving daily wage and contractual workers in Haryana. Allowing 41 connected petitions, the Court held that a welfare state cannot exploit workers by perpetually keeping them in insecure employment. The judgment stressed that governance must uphold justice, compassion, and fairness. Drawing from Indic notions of ruler’s duty, the Court directed the state to regularise workers under applicable policies and grant consequential benefits, including arrears and pay fixation.

#3 Madras HC Rules Gita and Vedanta Are Moral Science
19 December 2025  

Justice GR Swaminathan set aside a Home Ministry order denying FCRA registration to Arsha Vidya Parampara Trust. The Court held that teaching Bhagavad Gita, Vedanta, and Yoga constitutes moral and philosophical education, not religious propagation. The judgment clarified that these texts are integral to Bharatiya civilisation and cannot be narrowly classified as religious instruction under the Foreign Contribution (Regulation) Act. The Court stated that imparting knowledge of the Gita and Vedanta does not make an organisation religious in character for the purposes of FCRA.

#4 Bahraich Court Cites Manusmriti While Awarding Death Penalty – 13 December 2025 

In sentencing the main accused to death in the 2024 Bahraich communal violence murder case, the Sessions Court cited a verse from the Manusmriti to underscore the gravity of the crime. Judge Pawan Kumar Sharma described the offence as socially destabilising and exceptionally brutal. The court used the ancient text to explain the moral necessity of proportionate punishment to uphold civic order and restore public confidence. Life sentences were awarded to nine other accused. The citation was used as ethical reasoning, not as a source of law.

#5 Karnataka HC Quotes Manusmriti to Deny Bail in Rape Case – 27 September 2025  

Justice S Rachaiah denied bail to an accused in the rape and atrocity case involving a 19-year-old tribal woman. The Court cited the Manusmriti verse “Yatra naryastu pujyante…” to emphasise societal respect for women. The judgment held that the seriousness of the offence and its impact on the victim outweighed considerations for bail. The citation was used to underline moral condemnation of crimes against women while affirming that constitutional values demand strict scrutiny in such cases.

#6 Supreme Court Quotes Manusmriti in Incest Rape Conviction – 6 August 2025 

The Supreme Court dismissed a Special Leave Petition challenging the conviction of a father for raping his minor daughter. Upholding the Himachal Pradesh High Court’s judgment, the bench cited the Manusmriti to stress the duty of family members to protect women and children. The Court observed that incestuous sexual violence represents a grave betrayal of trust and dignity. The reference was used to reinforce moral condemnation alongside constitutional principles safeguarding women’s rights.

#7 Sheopur Court Cites Ramcharitmanas, Guru Granth Sahib – 23 July 2025 

While sentencing Deepak Pachauri to death for murdering his adoptive mother, the court referenced teachings from the Ramcharitmanas and Guru Granth Sahib. The judgment highlighted the moral obligation of children to honour parents. The Court stated that disregarding such ethical foundations would undermine adoption systems and societal trust. The scriptures were cited to explain social morality rather than as legal authority, reinforcing the seriousness of matricide.

#8 Supreme Court Judge Calls for Indic Texts in Law Education – 14 April 2025 

Justice Pankaj Mithal urged the inclusion of ancient Indian legal and philosophical texts such as the Vedas, Smritis, Manusmriti, Arthashastra, Ramayana, and Mahabharata in law school curricula. Speaking at a judicial forum, he said these texts contain foundational ideas on justice, equity, and moral reasoning. He proposed courses like “Dharma and Indian Legal Thought,” arguing that understanding Indian jurisprudence requires engagement with indigenous intellectual traditions.

#9 Allahabad HC Calls Tearing Manusmriti a Cognizable Offence – 7 March 2025 

The Allahabad High Court refused to quash an FIR against RJD spokesperson Priyanka Bharti for tearing pages of the Manusmriti on live television. The bench held that the Manusmriti is regarded as a sacred text by a section of society and that tearing it publicly indicated deliberate intent to outrage religious feelings. The Court ruled that the act constituted a cognizable offence under the Bharatiya Nyaya Sanhita.

#10 Orissa HC Quotes Gita to Quash Cheating Case = 7 February 2025 

Justice Sibo Sankar Mishra quashed cheating charges against a man who returned ₹17.72 lakh received due to mistaken identity. The Court cited the Bhagavad Gita to explain that repentance and ethical conduct restore balance. Observing that the accused demonstrated honesty by returning the money, the Court held that criminal prosecution would serve no purpose. The scripture was cited to emphasise moral responsibility and redemption.

#11 Delhi HC References Gita in POCSO Mediation Ruling – 7 March 2024 

Justice Swarana Kanta Sharma cited teachings from the Bhagavad Gita while explaining the roots of mediation in Indian tradition. The Court clarified that while mediation is culturally embedded, offences under the POCSO Act cannot be compromised. The Gita was referenced to explain the philosophical basis of peaceful dispute resolution, not to dilute statutory protections for children.

#12 Jharkhand HC Quotes Vedas, Manusmriti in Maintenance Case – 25 January 2024  

Justice Subhash Chand delivered a 25-page judgment citing the Rigveda, Yajurveda, and Manusmriti while deciding a maintenance dispute. The Court discussed traditional expectations of marital roles and modified the maintenance order by setting aside the wife’s claim while enhancing the son’s maintenance. The judgment also relied on prior Supreme Court rulings regarding family obligations.

#13 Rajasthan HC Invokes Manusmriti for Victim Compensation – 9 January 2024 

The Rajasthan High Court cited the Manusmriti while directing ₹3 lakh compensation for minor rape victims under the Rajasthan Victim Compensation Scheme. The Court held that compensation could apply retrospectively if claims were filed before statutory amendments. It described rape as a dehumanising crime and used the ancient text to underline societal duty toward victims.

#14 Delhi HC Says Gita Cannot Be Copyrighted – 28 September 2023 

Justice Prathiba M. Singh ruled that the Bhagavad Gita and other ancient scriptures are in the public domain and cannot be copyrighted. The Court clarified that while original texts are free for reproduction, adaptations and creative interpretations may qualify for copyright protection.

#15 Gujarat HC Invokes Manusmriti in Minor Abortion Plea – 8 June 2023  

Justice Samir J Dave orally referenced Manusmriti while hearing a plea for termination of a 7-month pregnancy of a 16-year-old rape survivor. The Court directed a medical panel to examine the minor before deciding. The reference was made to discuss historical norms, not as determinative law.

#16 Justice Prathiba Singh on Women’s Status in Scriptures – 11 August 2022 

Speaking at a FICCI conference, Justice Prathiba Singh stated that Indian scriptures, including Manusmriti, accord women a respectable position. She linked cultural values in ancient texts to modern discussions on women’s participation in STEM fields.

#17 Karnataka HC Says Courts Must Act Like Lord Krishna – 8 September 2020 

While dismissing an appeal in a rape case involving a 69-year-old woman, the Karnataka High Court cited the Bhagavad Gita. The bench said courts must act decisively like Lord Krishna to protect dharma and cannot remain mute spectators to injustice. The conviction was upheld.

Subscribe to our channels on TelegramWhatsApp, and Instagram and get the best stories of the day delivered to you personally.

The post Gita, Manusmriti, Vedas: When Courts Quoted Hindu Scriptures To Give Judgements appeared first on The Commune.

]]>