During the ancient times, Hindus used the word Dharma in place of law. Dharma shapes the fundamental establishment of Indian law because the majority of the population in India consists of Hindu, Earlier people used to define dharma as a person's moral and social obligation in the society, both as an individual and as a member of the society. Dharma means right to do duty. Dharma plays an important part in the formation of the Indian law.
The primary aim of dharma is to regulate human behaviour. Dharma signifies regularity of order universally accepted, it includes religion, duty, and inseperable of a quality or an order, whereas present day law is based on reasons and does include religious aspects. Dharma is duty based concept, however the present law focuses on rights rather than duties. Dharma in itself included morals, ethics and righteous conduct of a man but the present system does not recognises the moral or ethical values and rather than conduct or motive, it now focuses on the act and the consequences. Dharma pre-supposes a supernatural and binds together by the fear of the same supernatural but on the other hand the law is based on reasonableness and binds through legal sanctions given by courts (human). Law in modern sense is confined to rights, legal duties etc. And not with righteous conduct and hence, is particular in nature whereas Dharma is all pervasive and universal. The law pre-supposes man’s idea of ‘what ought to be’ and is based on reasonableness.
The concept of welfare state, which is the nature of state today, is found to have roots in Dharma. The Human Rights and fundamental rights have spurred from Dharma and Rigveda clearly shows ample evidence
Dharma originated from the Vedas, which are Sruti (heard information). Sruti is the representation of what is heard from the old ministers, and the Vedas are the most important source of information for people. They contain portrayals on everything that might be within reach, from military to governmental matters to everyday citizens' life. Its various sources include Smriti, which is the interpretation of the Vedas, and four sages who are referred to as Smriti Kars and who have espoused the dharma sastras. As follows:
Yagnavalkaya , Manu Narada Brihaspati
INDIAN PERSPECTIVE OF DHARMA AND JURISPRUDENCE
Dharma is the Indian version of Natural law, how Indians perceived it in ancient society but the vision of them was very far-fetched.
The idea and philosophy of Dharma incorporates the idea of Nyaya, often known as justice, which is the universal law. Dharma is a Hindu idea that dates back to ancient times and is known as "Dharmashastras," which assures that humans coexist peacefully with the rest of the cosmos.
Dharma is primarily based on the Vedas and has many indices such as Sruti, Smriti and moral laws (sadachar) and governed the lives of people in the ancient time. Dharma was a duty based legal system that is every individual owed a duty towards other member of the society
Some of the important Code of law are as follows:-
Manu Smriti: Manu Smriti is a systematic compilation of Dharmashastra norms that addresses all legal disciplines. Manusmriti is written in straightforward language, which gives it additional authority.
Narada Smriti: It consists of both substantive and procedural laws. According to Narada Smriti, procedural laws specify how a crime is committed, whereas substantive laws specify the crime's offence and punishment.
Arthashastra: The Arthashastra is a collection of Hindu political pacts.
The common law system is the foundation of the contemporary Indian legal system. India is a secular nation as well. As a result, the old Hindu legal system is no longer applicable in the contemporary setting.
A COMPARISON OF DHARMA AND MODERN LAW
Dharma signifies routineness of commonly accepted order; it also includes religion, duty, and is inseparable from a quality or an order, despite the fact that modern legislation is based on justifications and encompasses rigid opinions. Dharma is an obligation-based philosophy, however under the current legal system, rights are prioritized over obligations. The current framework does not recognize the good or moral traits and instead of direct or goal, it currently centres around the demonstration and the results. Dharma in itself encompassed ethics, morality, and a noble lead of a man. The law depends on sensitivity and binds through the legal assents granted by courts, however the dharma presupposes a powerful and ties together by the fear of a comparable extraordinary (human).
In the modern meaning, law is tied to rights, legitimate obligations, and other things. Additionally, Dharma is all-inclusive and inescapable yet not having outstanding leadership and being specific in nature. The law relies on sense and really presupposes what man "should be."
The idea of the modern nation state that provides support to its people discovered to have roots in the Dharma. The Dharma and the Rigveda both clearly provide ample support for human rights and fundamental rights.
The principles of natural law (Dharma) found its way into the constitution in the way of fundamental rights. Dharma as we all know was a duty based legal system but the current legal system became a right based one.
The concept of dharma or simply dharma has been used by various courts in helping them to arrive at decisions even by the Honourable Supreme Court in many cases.
One of the important cases is Shri A.S. Narayana Deekshitulu vs State Of Andhra Pradesh & Ors[21], which elaborately discusses the questions related to Dharma, ‘what is dharma?’, ‘Is Dharma same as Religion?’ And every answered each and every doubt. Dharma as said above is distinct from religion. Dharma even regulates the law today, by means of morality in and outside the courts as in the Secretary, Ministry Of Information & Broadcasting v. Cricket Association of Bengal & ANR.[22]. In Dattatraya Govind Mahajan vs. State of Maharashtra[23], the court talks about the Dharma of the Constitution, and the karma of adjudication.
Dharma signifies regularity of order universally accepted, it includes religion, duty, and inseperable of a quality or an order, whereas present day law is based on reasons and does include religious aspects. Dharma is duty based concept, however the present law focuses on rights rather than duties. Dharma in itself included morals, ethics and righteous conduct of a man but the present system does not recognises the moral or ethical values and rather than conduct or motive, it now focuses on the act and the consequences. Dharma pre-supposes a supernatural and binds together by the fear of the same supernatural but on the other hand the law is based on reasonableness and binds through legal sanctions given by courts (human). Law in modern sense is confined to rights, legal duties etc. And not with righteous conduct and hence, is particular in nature whereas Dharma is all pervasive and universal. The law pre-supposes man’s idea of ‘what ought to be’ and is based on reasonableness.
The concept of welfare state, which is the nature of state today, is found to have roots in Dharma. The Human Rights and fundamental rights have spurred from Dharma and Rigveda clearly shows ample evidence
Concept of Dharma in story telling manner
Imagine a village where everyone lived in harmony, not because there were strict laws enforced by a king, but because each person understood their duty to others and to the world around them. This is the essence of "dharma" in Indian law.
Long ago, people in India didn't just think about laws as rules written in a book. They thought about dharma, which is like the unwritten code of conduct that keeps society running smoothly. Dharma is like the North Star, guiding people on how to live their lives righteously. It includes everything from being honest in business dealings to respecting elders and protecting the environment.
Now, imagine a merchant in this village who promises to deliver goods but then tries to cheat his customers. According to dharma, he has failed in his duty. The elders of the village, acting as judges, would remind him of his dharma, his responsibility to be honest and fair. They wouldn't just punish him; they'd guide him back to the path of righteousness.
Dharma is not just about following rules; it's about understanding your role in the grand scheme of things. It's about recognizing that every action has consequences and that living in harmony requires each person to fulfill their duties with integrity. It is about securing peace and happiness, while avoiding actions that could cause civil or criminal injury to others.
Think of dharma as a set of principles that promote well-being and justice. It is like the foundation upon which laws are built. The legal system uses dharma as a basis, ensuring laws align with morality and ethics. So, in essence, dharma is the moral compass that guides the law, ensuring fairness, justice, and harmony in society.
Like the ever-flowing rivers that sustain the land, dharma adapts to changing times while remaining true to its core values. It ensures that the legal system evolves to meet the needs of society, always rooted in principles of righteousness and justice.
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