Dharma as a Foundational Pillar in Indian Jurisprudence

As society adapts to changing needs, Dharma’s timeless wisdom ensures a balance between tradition and progress. This concept has been pivotal in shaping Indian jurisprudence, influencing ancient legal systems and retaining subtle relevance in modern legal frameworks.

Introduction

The term Dharma holds profound significance within Indian culture and religion, encompassing anthropological, historical, and ethical dimensions. It is a multifaceted concept with diverse but interconnected meanings, forming the foundation of moral, legal, and social norms in ancient India. Dharma has its roots in Hinduism, Buddhism, and Vedic practices, shaping individual and societal conduct. As a guiding principle, it governs daily behaviour, relationships, and the larger cosmic order, making it central to understanding Indian jurisprudence.

The word Dharma originated from the sanksrit word 'dhr', meaning 'to uphold, support or sustain'. In its most extensive meaning, it speaks of what manages and holds the entire cosmos.

The famous verse from Mahabharat says:

"They all is Dharma since it is Dharma that upholds people. That which upholds the created universe, supports it and sustains il, without which the universe just falls apart, is 'Dharma'. Dharma sustains and maintains the social, moral, political and economic order.

The Mahabharat contains an elaborate illustration of this topic. On being asked by Yudhisthira to explain the meaning and scope of Dharma, Bhisma who has mastered the knowledge of Dharma, explains thus:

"It is most difficult to define Dharma. Dharma has been explained to be what which helps the upliftment of living beings. Therefore, that which ensures the welfare of living beings is surely Dharma. The learned rishis have declared that what sustains this universe is Dharma"

Origin of Dharma

Dharma originated from the Vedas, which are considered Sruti (knowledge acquired by listening) and are the primary source of information for mankind, for they represent what the ancient priests taught and this Sruti presents everything that could be accessible, from soldiers to politicians to ordinary citizens. Another source of authority is Smriti which is the faith and practice dictated by the Vedas. Four sages, known as Smriti Kars, contributed to the development of the Dharma Shastras:

• Manu
• Yagnavalkaya
• Brihaspati
• Narada

Another source has also been Puranas which are eighteen in number and provide information on such topics as the genesis, genealogies of gods, sages and kings, and details about the four yugas. All these sources are on the same level and none is superior to others.

The ideology that made individuals embrace the Dharma can be condensed in one quote from Brihadaranyaka Upanishad, “punyo vai punyena Karmana bhavati, Papah Papeneti”, which means ‘everybody becomes good by good deeds and bad by bad deeds'.

In essence, it signifies that everyone reaps what they sow, underscoring the fundamental principle described by Dharma.

Nature of Dharma

Compared with other legal theories, Hindu legal theory focuses more on duties than on rights. This is a result of the fact that every individual is advised by dharma in its many shades to carry out an enforcement duty. These duties vary depending on the individual's role in society. For instance, the Dharma of a king is to enforce laws and ensure justice, while the Dharma of a farmer is to cultivate and produce food.

Dharma also has characteristics, relative to the principles of law, that bear some similarities to the natural law. This arises because the ancient law of India, so-called, postulates that rights were bestowed upon mankind by God. Hence it can be said, that all social, legal, political as well as spiritual rights are rooted in divinity.

Although the concept of Dharma may seem complex and deeply intertwined with religion, it is far from superficial. It encompasses laws and practices regulating various aspects of life. For example, texts such as Manusmriti cover religion, government, economics, civil and criminal laws, marriage, inheritance, etc.

Ancient Indian Jurisprudence and Dharma

The Hindu legal system, which is one of the oldest legal systems, rests upon the concept and notion of Dharma. The universal principle Nyaya or Justice, forms a part of this legal system. Hinduism has an ancient tradition called Dharma, which is best expressed in the Dharmashastras, that promotes harmony between humans and the rest of the world.

Hinduism contains a general code of laws, which perhaps ranks as the oldest legal system in the world still in use today, and is based on the philosophy and essence of Dharma. Dharma embodies not only the spiritual and moral duties of individuals but also the guiding principles for social order. The concept of Nyaya—justice—is the foundation upon which the universe is said to rest. Dharmashastras ensure that every being coexists harmoniously with the universe.

Some of the notable codes of law are as follows:-

Manu Smriti: It contains a systematic arrangement of Dharmashastras which covers the entire aspect of the law. Manusmriti is also simple to understand for those who read its contents thus making it a more authoritative text.

Narada Smriti: This type of code contains both substantive and procedural rules. The substantive rules are the ones that set out the Defence and Offence with respect to a crime while the procedural rules are the ones that set out the process in which a crime is committed.

Arthashastra: This code includes the Hindu political strategies.

India's current legal system is secular and primarily based on the common law tradition inherited from British colonial rule. While ancient Hindu legal codes (such as the Manusmriti) were historically influential in guiding social and legal norms within Hindu society, their role in contemporary jurisprudence has diminished significantly.

Dharma in Indian Jurisprudence

The relevance of Dharma in modern Indian jurisprudence can be understood through the following aspects:

1. Integration of Law and Religion:

The constitution of India provides for secularism, which means that all religions are treated equally and there is no discrimination amongst them. Nevertheless, it recognizes that religion plays a significant part in the lives of individuals and allows various practices within the scope of public policy. The Constitution allows every citizen the right to profess their faith and worship openly (Articles 25-28) but also adds that such practices should not provoke unrest, contradict morality, or pose any health risks to the members of society.

The Hindu Marriage Act, 1955, reflects the sanctity of marriage as a Dharma. In Hindu philosophy, marriage is regarded as a sacrament rather than a contract.

2. Role of Smriti Text:

The Smritis had an additional purpose in ancient as well as in medieval Indian society; they functioned as textbooks of law explaining not just ethical principles but also detailing the forms of punishment for illegal acts, forms of contracts, and land tenure laws. They emphasized the coexistence of justice (Nyaya) and Dharma, ensuring moral and legal order.

3. Concept of justice (Nyaya):

In the Indian Legal System, the concept of Justice is not merely punitive or mechanical; it provides for the infliction of punishment as a necessity to uphold social and moral order. Nyaya embodies the principle of delivering justice or righteousness to society.

4. Principles of Fairness and Equity :

Ancient legal texts like Manusmriti and Arthashastra advocate fairness and equity, requiring rulers (Rajadharma) to prioritize social welfare over rigid legal boundaries.

Landmark judgments emphasize principles of equity, justice, and good conscience, which align with the essence of Dharma.

5. Existence of Environmental Jurisprudence:

In Hinduism, Buddhism, and Jainism, nature is not viewed as an external or inferior entity, but as a living, sacred force deserving respect. Rivers, forests, mountains, and animals are often personified as divine beings or symbols of natural forces. For instance, the Ganga (the Ganges river) is considered sacred, and the protection of rivers, forests, and wildlife is viewed as a Dharma.

6. Duties and Obligations:

The Fundamental Duties enshrined in Article 51A of the Constitution emphasize individual responsibilities toward society, echoing the Dharmic principles of reciprocal duties and societal harmony.

Conclusion

The concept of Dharma is deeply embedded in Indian jurisprudence, blending moral, legal, and spiritual dimensions to ensure social order and justice. While the modern legal system has transitioned to secular frameworks, the principles of Dharma—emphasizing duties, equity, and harmony—continue to influence Indian law. As society evolves, Dharma remains a timeless guide for adapting legal systems to contemporary needs.

References

[1] Sarbojit Bosu and Anshu Adarsh , The Concept of Dharma and its Relevance in Indian Jurisprudence, Available Here

[2] The Concept of Dharma in Indian Thought, Available Here

[3] Dharma, Available Here

[4] Shantanu Rathore, Dharma and Law, Available Here