LLM Notes: Ten Bullet Points on the Concept of Dharma in Indian Law

1.       Definition and Role of Dharma: In ancient India, "Dharma" was synonymous with law and represented a person's moral and social obligations within society. It emphasized duties, righteous conduct, and universal order, forming the foundation of Indian law.

2.       Comparison with Modern Law: Dharma is duty-based, focusing on morals, ethics, and righteous behavior, whereas modern law prioritizes rights over duties and emphasizes acts and consequences rather than conduct or motives.

3.       Supernatural vs. Legal Sanctions: Dharma presupposes a supernatural authority that binds individuals through fear of divine consequences, while modern law relies on reasonableness and legal sanctions enforced by courts.

4.      Roots in Ancient Texts: Dharma originated from the Vedas (Sruti), which are foundational texts containing guidance on various aspects of life. Smriti texts, such as Manu Smriti and Narada Smriti, further interpreted these principles to create systematic legal codes.

5.       Influence on Welfare State: The concept of Dharma underpins the modern welfare state, influencing human rights and fundamental rights as seen in India's Constitution. Rigveda provides evidence for these principles.

6.      Dharma as Natural Law: Dharma is considered the Indian version of natural law, integrating justice (Nyaya) and universal principles to ensure peaceful coexistence with the cosmos.

7.       Historical Legal Codes:

o   Manu Smriti: Comprehensive norms addressing all legal disciplines.

o   Narada Smriti: Includes substantive and procedural laws.

o   Arthashastra: Focuses on Hindu political agreements.

8.      Modern Legal System Transition: While the ancient Hindu legal system was duty-based and universal, India's contemporary legal system follows a secular common law framework that emphasizes individual rights.

9.      Judicial Use of Dharma: Courts in India have invoked the concept of Dharma to resolve cases involving morality and justice. Notable judgments include Shri A.S. Narayana Deekshitulu v. State of Andhra Pradesh, which distinguished Dharma from religion.

10.   Storytelling Perspective: Dharma can be imagined as an unwritten moral code guiding individuals to fulfill their duties harmoniously within society, ensuring justice and well-being for all.

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