Concept and sources of dharma

The concept of Dharma is central to Indian philosophy, spirituality, and culture. It is a deep and
multi-layered idea, but we can simplify it for better understanding.

1. What is Dharma?

Dharma comes from the Sanskrit root word “dhr”, which means "to uphold" or "to sustain." It
refers to the universal laws and moral principles that sustain life, order, and harmony in the
world. Think of it as the "right way of living" or the "path of righteousness."

2. The Many Meanings of Dharma

Dharma can mean different things in different contexts:

 Personal Duty: It refers to what is right for an individual, based on their role, stage in
life, and circumstances. For example, a teacher’s dharma is to educate, a doctor’s dharma
is to heal, and a student’s dharma is to learn.
 Universal Truths: It can also mean the natural laws of the universe, like gravity or the
cycles of nature, which keep the world balanced.
 Moral and Ethical Conduct: Dharma guides us on how to act ethically, make good
choices, and contribute positively to society.

3. Dharma in Everyday Life

 Dharma is about doing what is right, even when it's hard. It means being honest, kind,
and responsible.
 It also means fulfilling your roles and responsibilities. For example, being a good sibling,
child, or friend is part of your dharma.

4. Dharma is Not Fixed

Dharma isn’t a strict rulebook. It changes based on:

 Time: What was considered right in ancient times may not be the same today.
 Situation: Your actions depend on the circumstances. For example, protecting someone
in danger might require breaking a minor rule.
 Role: Your dharma as a student will differ from your dharma as a parent or professional.

5. Dharma and Karma

Dharma is closely linked to Karma, which means actions and their consequences. Following
your dharma leads to good karma, while ignoring it can result in negative outcomes.

6. Dharma in Spirituality
In spiritual terms, dharma is the path to self-realization. It helps people understand their
connection to the universe and their purpose in life.

7. Examples of Dharma

 A tree provides shade and oxygen—this is its dharma.

 A river flows and nourishes the land—this is its dharma.
 A person helping others, respecting parents, and doing their work sincerely is following
their dharma.

8. Why is Dharma Important?

 It brings harmony within oneself and with others.

 It maintains balance in society and the world.
 It helps individuals grow morally and spiritually.

Final Thought

Dharma is not about being perfect; it’s about striving to do the right thing based on your inner
wisdom, values, and the situation you’re in. It’s like a compass that guides you toward a life of
balance, purpose, and peace.

The sources of Dharma refer to the different ways we can understand what is right (Dharma)
and how to act in different situations. These sources provide guidance on living a moral, ethical,
and meaningful life. In ancient Indian philosophy, these sources were discussed in texts like the
Manusmriti and other Dharmashastra texts.

Let’s break it down into simple parts.

Sources of Dharma as a Source of Law

The sources of Dharma in ancient India are varied, as Dharma is not simply written in one book
or one form. Several different texts, practices, and ideas contributed to the formation of legal
norms. These sources were integral in shaping the social, moral, and legal framework of ancient
Indian society.

1. Sruti (Heard Scriptures)

Sruti, meaning "that which is heard," refers to the most sacred and authoritative scriptures in
Hinduism. These texts were considered to be divinely revealed and are considered the primary
source of Dharma.
  The Vedas: The four Vedas (Rigveda, Yajurveda, Samaveda, and Atharvaveda) contain
hymns, rituals, and philosophical teachings, laying down moral principles that underpin
Dharma. For example, the Rigveda contains hymns that highlight the importance of
truth, justice, and righteousness.
 The Upanishads: These philosophical texts, which are part of the Vedic tradition,
explore the nature of the self, the universe, and the ultimate truth (Brahman). They
emphasize the pursuit of truth (Satya), non-violence (Ahimsa), and personal duty
(Dharma).

Sruti provides the fundamental values that guide the social and legal order.

2. Smriti (Remembered Scriptures)

Smriti, meaning "that which is remembered," consists of a body of texts written by sages that
elaborate on the principles found in the Vedas. They offer practical guidelines for everyday life,
including the laws and duties of individuals and society.

 The Dharmashastras: These are texts that directly address law and ethics. One of the
most famous of these is the Manusmriti, written by Sage Manu. The Manusmriti
outlines social duties, laws for resolving disputes, duties of rulers, and ethical behavior in
society. Although it has been criticized for reinforcing the caste system and gender
inequalities, it was an important source of law in ancient India.
 The Yajnavalkya Smriti: Another important text that provides legal guidelines for
disputes, inheritance, and family law.

These texts were crucial in shaping the legal system by providing specific rules for different
aspects of life, such as property, marriage, family, and punishment.

3 . The Dharmasutras
The Dharmasutras are concise texts that serve as manuals for religious and social duties. They
are short, easy-to-remember verses that lay out the laws of Dharma in practical terms.

 The Gautama Dharmasutra and the Baudhayana Dharmasutra are among the most
well-known Dharmasutras. These texts cover topics such as personal duties, ritual
practices, punishment for crimes, and the roles of various social classes. They also
describe how to resolve conflicts and disputes according to moral law.
 Unlike the larger Dharmashastras, Dharmasutras focus on specific aspects of law and
duty and were more practical for everyday use in ancient India.
4. Sadachara (Good Conduct or Tradition)
Sadachara refers to the practices, customs, and conduct followed by wise and virtuous people in
society. It is considered a source of Dharma because the actions of respected elders, spiritual
leaders, and scholars often serve as examples of how to live righteously.

 Role of Community Leaders: The behavior of respected figures in society served as a

model. For example, the kings and rulers were expected to follow Dharma by being just,
protecting their people, and upholding law and order.
 Traditions: The customs and social norms followed by the community were also
important sources of Dharma. These included rules about family life, marriage,
hospitality, and respect for elders.

Sadachara provides a practical guide based on lived experiences, showing how Dharma is
reflected in the actions of people.

5. The King’s Duty (Raja Dharma)

In ancient India, the king had an essential role in upholding Dharma. The king was seen as the
protector of Dharma and responsible for ensuring justice in society. His primary duty was to rule
in a just and ethical manner.

 Raja Dharma: This is the duty of the king to protect the people, enforce Dharma, and ensure
fairness. He was expected to be an example of moral behavior and act according to the
principles of justice. The king had to consult Dharmic texts and wise counsel when making
decisions about the law.

The concept of Raja Dharma ensured that the ruler would maintain peace and order, prevent
lawlessness, and resolve conflicts through the application of moral law

Dharma sutras:
1. Dharma sutras are part of Kalpa sutras

2. These are rules with regard to human conduct

3. Dharma sutra deals with relationship between individual and the state

4. Detailed discussions on the duties of varnas and ashrams, social usage,

customs and practices of everyday life
5. The origin of civil and criminal law is traced to this period

6. Civil law included taxes, inheritance, position of women etc.

7. Criminal included assault, adultery, murder, theft etc.

8. All people in the society were not equal in the eyes of law as the rules of
punishment were based on Varna considerations. For example: an offence by
shudra had a punishment of death sentence and an offence would brahman
would not be punished and he could do penance

9. Dharam sutras are the earliest source of Hindu law

10. Within the sutras there are differences over the idea of crime and
punishment

11. Important dharma sutras were/are Gautama, Baudhayana, Apastambha

and Vashishta

12. Gautama Dharam sutra: the themes and topics are legal and religious. It
asserted the importance of cultivators, pastoralists, traders, artisans, money
lenders and discusses practices and usages of these groups. This dharma
sutra also covers matters like marriage, inheritance, partition and stree
dhan.

13. Baudhayan: this dharma sutra is not available to us completely and is

only available in fragments. It discusses in detail marriage, inheritance etc. It
refers to the custom of marrying a daughter to the maternal uncle in South
India. It also mentions the control over trade and commerce by the king or
the state. Various taxes and duties were levied i.e., levy on the sea custom
duty. There were duties on the basic value of the merchandise and also
imposition of excise duty on the manufactured goods.

14. Apastambha: the sutra states that the conduct of a person is to be

regulated by law laid down by the men of the dvija i.e., the three upper-caste
and who were properly obedient to their teachers who were ages and of
subdued senses i.e., not given avarice or hypocrisy. The sutra acknowledges
Vedas as the primary source of law, it also criticises Niyoga as a king of
polyandry. The sutra also opposed adoption as it amounted to selling or
deserting one's lawful child

The Dharmasutras are among the earliest texts that provide detailed guidance on how
individuals should live their lives according to Dharma, which means duty, morality, or
righteousness. These texts played a crucial role in shaping the legal and social systems in ancient
India.
What are Dharmasutras?

1. Meaning: The word "Dharmasutra" is a combination of two words:

o Dharma: It refers to rules of conduct, ethics, and social responsibilities.
o Sutra: It means "thread" or "aphorism," indicating concise, easy-to-remember
statements.

Together, Dharmasutra means a text that threads together concise rules of morality and
law.

2. Time Period: The Dharmasutras were written between 800 BCE and 200 BCE. They
are part of the broader category of texts called the Smriti literature, which means
"remembered" traditions.
3. Authorship: These texts were written by different sages or scholars. Some of the most
well-known Dharmasutras include:
o Gautama Dharmasutra
o Baudhayana Dharmasutra
o Apastamba Dharmasutra
o Vasistha Dharmasutra

Purpose of Dharmasutras

The Dharmasutras were created to provide guidelines for a well-ordered society. They covered
various aspects of life, including:

1. Moral Conduct: Rules for personal behavior, honesty, and ethics.

2. Social Norms: Duties of individuals based on their varna (caste) and ashrama (stage of
life, like student, householder, etc.).
3. Legal Guidelines: Rules for resolving disputes, punishment for crimes, and property
laws.
4. Religious Duties: Instructions for performing rituals and sacrifices.
5. Family and Marriage Laws: Rules for relationships, inheritance, and the roles of family
members.

Structure and Content

The Dharmasutras are written in a concise, rule-like format, making them easy to memorize.
Their content can be divided into four broad categories:

1. Rules for Personal Behavior:

o Importance of truthfulness, non-violence, and self-discipline.
o Guidelines for daily activities like eating, bathing, and dressing.
2. Caste System and Duties:
o They specify the roles and responsibilities of the four varnas (Brahmins,
Kshatriyas, Vaishyas, and Shudras).
 o For example, Brahmins were expected to study and teach, while Kshatriyas were
to govern and protect.
3. Civil and Criminal Law:
o Detailed procedures for resolving disputes.
o Rules for contracts, property rights, and inheritance.
o Punishments for crimes, often varying based on caste and social status.
4. Rituals and Sacrifices:
o Instructions for conducting religious ceremonies.
o Guidelines for making offerings to gods, ancestors, and other divine entities.

Role in Ancient Indian Law

1. Foundation of Law: The Dharmasutras were among the earliest sources of law in
ancient India. They influenced later legal texts like the Manusmriti and other Smritis.
2. Custom and Tradition: They emphasized that local customs and traditions should be
respected alongside the rules they provided.
3. Flexibility: While the Dharmasutras laid down general rules, they allowed for exceptions
based on the specific context, making them adaptable.

Limitations of Dharmasutras

1. Caste Bias: Many rules were discriminatory, giving privileges to higher castes (like
Brahmins) and imposing harsher punishments on lower castes (like Shudras).
2. Outdated Practices: Over time, some practices mentioned in the Dharmasutras became
obsolete or irrelevant.
3. Overemphasis on Rituals: Some parts focus heavily on rituals, which might not have
been practical for everyone.

Legacy of Dharmasutras

The Dharmasutras laid the groundwork for the Hindu legal tradition. They were eventually
replaced by more elaborate texts like the Dharmashastras (e.g., Manusmriti), but their influence
persisted. They provided a framework for understanding duty, justice, and morality, which
continued to shape Indian society and law for centuries.

In simple terms, the Dharmasutras acted as a guidebook for living a righteous and orderly life,
ensuring harmony in society while balancing individual and collective duties.

Dharma shastras
1. They are in verse form unlike sutras which are in points
2. Gives instructions in the sacred laws

3. Greater concentration on law

4. Dharma shastras are also called smritis meaning to remember or

memorise

5. Smritis have guided the lives of people since ancient India

6. The Brahmans trace the explanation of religious duties and shastras

7. They were considered authentic guides to law, customs and duty as they
were described with divine origin

8. Vedas were found to be inadequate to regulate the complex social system

that emerged over time

9. Dharma shastras are a combination of practical and ethical code of

conduct

10. These shastras deal with varnas, dharma of kshatriyas and kings, judicial
procedures, ashrams, privileges, obligations and responsibilities, some
aspects of substantive law like crime and punishments, contracts, partition
and inheritance, adoption, gambling etc.

11. These is a lot of emphasis on dharma shastras on moral qualities with

emphasis on right conduct in everyday life including proper rites and
ceremonies to be regularly performed by men and women of different varnas

12. Dharma shastras constantly underline the subjugation of lower aims to

achieve high moral values

13. Smritis are primarily related to varna ashram dharma and not with
sadharan dharma i.e., duties common to all

14. Dharma shastra were partly religious and partly moral as the authors
were brahmans

15. Dharma shastras looked at the government and political processes in the
light of the available Vedic records

16. Dharma shastras are essentially deductive in nature

17. The dharma shastras set before themselves very high standards, goals
and ideals
18. Smritikaras primarily deal with Raja shastras

19. Manu smriti is the earliest of the dharma shastras

20. Many manus are mentioned in the text in three different periods
between 200 BCE to 200 CE and some say it was compiled by Rishi Bhrigu

21. It’s a metrical law book which mentions 2685 verses

22. It prescribes dandaniti and it was claimed that it was composed by

Brahma, in dandniti it deals with life, morals and government

23. In the three chapters, Manu discusses king and the state, origin of
kingship and its nature, duties of the king, ministers and other officials,
judiciary, sources of law, classification of law, punishments and ethical
principles of warfare

24. Other chapters deal with morality, penance, expiation, migration of souls
and salvation

25. Manu smriti viewed dharma as the supreme power of the state and the
king’s primary duty was to follow dharma

26. The state was not an end in itself and the objective of the state was the
means to attain purusharthas which are Artha, Dharma, Kama and Moksha,
the last one was possible only for a few

27. For the first time, the law was classified under 18 titles

28. Criminal law was based on caste privileges and disabilities which have
been described in great detail

29. Punishments were both retributive and deterrent

30. Manu smriti emphasises on both justice and equity

The Dharmashastras are ancient Indian texts that explain the laws, duties, and moral principles
that individuals and society should follow to maintain order and righteousness. These texts were
an important source of law in ancient India and shaped the legal and social systems for centuries.

What are Dharmashastras?

1. Meaning: The term "Dharmashastra" comes from two Sanskrit words:

o Dharma: Righteousness, duty, and morality.
 o Shastra: A treatise or scripture that provides systematic knowledge.

Together, Dharmashastra means a text that teaches the rules of Dharma.

2. Time Period: The Dharmashastras were written between 500 BCE and 500 CE. They
evolved from earlier texts like the Dharmasutras.
3. Authorship: Various sages and scholars compiled these texts over time. Some of the
most famous Dharmashastras are:
o Manusmriti (Laws of Manu)
o Yajnavalkya Smriti
o Narada Smriti

Purpose of Dharmashastras

The Dharmashastras were written to provide a comprehensive guide for leading a righteous life
and maintaining social harmony. They served as legal and ethical manuals that outlined the
duties of individuals based on their roles in society.

Structure and Content of Dharmashastras

The content of Dharmashastras can be divided into three main areas:

1. Moral and Ethical Duties

 They define Dharma (righteous conduct) for individuals, families, and communities.
 Emphasis on values like truth, honesty, non-violence, and self-discipline.

2. Social and Legal Rules

 Detailed rules for how society should function, including laws related to:
o Marriage and Family: Guidelines on marriage, divorce, and inheritance.
o Property Rights: Ownership, inheritance, and land disputes.
o Crime and Punishment: Penalties for theft, murder, and other offenses, often
influenced by the offender's caste and social status.

3. Religious and Ritual Practices

 Instructions for performing religious ceremonies and sacrifices.

 Duties toward gods, ancestors, and other divine entities.
Key Features of Dharmashastras

1. Caste System (Varna):

o The Dharmashastras categorize society into four varnas (Brahmins, Kshatriyas, Vaishyas,
and Shudras).
o Each varna had specific duties and responsibilities. For example:
 Brahmins: Teaching, learning, and performing rituals.
 Kshatriyas: Protecting and governing.
 Vaishyas: Trade and agriculture.
 Shudras: Serving the other varnas.

2. Stages of Life (Ashramas):

o The Dharmashastras divide life into four stages, each with its duties:
 Brahmacharya (Student stage): Focus on education and discipline.
 Grihastha (Householder stage): Marriage, family, and earning a livelihood.
 Vanaprastha (Retired stage): Withdrawal from worldly life.
 Sannyasa (Renunciation stage): Complete renunciation and spiritual pursuit.

3. Justice System:
o King's Role: The king was considered the protector of Dharma and had to ensure justice.
o Courts and Judges: Disputes were resolved by courts, with Brahmins often serving as
judges.
o Punishments: These were based on the crime's severity and the offender's social status,
often favoring higher castes.

4. Flexibility:
o They allowed for the inclusion of local customs and traditions in legal matters, making
them adaptable to different regions.

Importance of Dharmashastras as a Source of Law

1. Codification of Laws: They systematically recorded rules and laws, providing a legal framework
for society.
2. Guidance for Kings: The Dharmashastras advised rulers on how to govern justly and protect
their subjects.
3. Foundation of Hindu Law: They formed the basis of Hindu personal law, influencing legal
practices in India for centuries.

Criticism and Limitations

1. Caste Discrimination:
 o The Dharmashastras heavily favored the higher castes (Brahmins and Kshatriyas) and
imposed severe restrictions and penalties on lower castes (Shudras).
o This led to social inequality and exploitation.

2. Gender Inequality:
o Women were often treated as subordinate to men, with limited rights in property and
decision-making.
o They were expected to depend on their father, husband, or son throughout their lives.

3. Overemphasis on Rituals:
o Excessive focus on religious ceremonies made some rules impractical for common
people.

4. Outdated Practices:
o Over time, many rules and practices became irrelevant or incompatible with changing
societal needs.

Legacy of Dharmashastras

1. Influence on Modern Law:

o The Dharmashastras influenced Indian legal traditions even during British rule.
o Hindu personal laws related to marriage, inheritance, and family were derived from
these texts.

2. Cultural Significance:
o They provide valuable insights into the social, legal, and moral systems of ancient India.
o They remain important for understanding Indian history and culture.

In summary, the Dharmashastras were detailed manuals on law, ethics, and social responsibilities
in ancient India. They aimed to create a harmonious society by defining the duties of individuals
based on their roles and stages in life. However, their rigid caste-based system and gender
discrimination also created challenges that continue to be discussed today.

VEDAS

The Vedas are the oldest and most sacred texts of ancient India. They hold a special place in
Indian culture and history, not only as spiritual guides but also as an important source of law in
ancient times. The laws derived from the Vedas were rooted in the concept of Dharma
(righteousness or duty), which formed the moral and ethical foundation of society.
What are the Vedas?

1. Meaning of Vedas: The word Veda comes from the Sanskrit root "Vid," meaning "to know."
Vedas are considered the ultimate source of knowledge and wisdom.
2. Time Period: The Vedas were composed between 1500 BCE and 500 BCE.
3. Structure: There are four Vedas:
o Rigveda: Contains hymns praising gods and nature.
o Yajurveda: Provides instructions for rituals and sacrifices.
o Samaveda: Focuses on melodies and chants used in rituals.
o Atharvaveda: Includes spells, prayers, and practical advice for everyday life.

Vedas as a Source of Law

The Vedas were not legal texts in the modern sense, but they provided the moral and ethical
framework for laws in ancient India. The principles derived from the Vedas were later
elaborated upon in texts like the Dharmasutras and Dharmashastras.

1. Moral and Ethical Foundation

 The Vedas emphasized Dharma, which means doing what is right and just.
 Dharma was seen as the foundation of law, ensuring harmony and balance in society.

2. Social Order

 The Vedas outlined the concept of Varna (caste system), dividing society into four groups based
on duties:
o Brahmins: Priests and scholars responsible for teaching and performing rituals.
o Kshatriyas: Warriors and rulers tasked with protecting the people.
o Vaishyas: Traders and agriculturists responsible for economic activities.
o Shudras: Servants and laborers who supported the other groups.

This division influenced social and legal rules.

3. Family and Marriage

 The Vedas provided guidance on family life, including marriage rituals and responsibilities of
spouses.
 They emphasized the importance of maintaining harmony within the family and respecting
elders.

4. Property and Inheritance

 Although not detailed in the Vedas, basic principles about ownership and inheritance can be
traced back to their teachings.
  These principles were later expanded upon in texts like the Manusmriti.

5. Justice and Punishment

 The Vedas stressed the idea of Rta (cosmic order), which means that justice must align with the
natural order of the universe.
 Wrongdoers were expected to face consequences to restore balance.

6. Customs and Traditions

 Local customs and traditions were often aligned with Vedic principles, making the Vedas a
flexible source of law.

Examples of Legal Principles in the Vedas

1. Truthfulness: The Vedas emphasized speaking the truth (Satya) as a fundamental duty.
2. Non-violence: They advocated for non-violence (Ahimsa) in personal conduct.
3. Charity: The Vedas encouraged helping the poor and giving to those in need.
4. Respect for Nature: Hymns in the Rigveda praise natural elements like the sun, rivers, and
forests, highlighting their importance in human life. This laid the foundation for environmental
ethics.

How Vedic Principles Influenced Later Laws

1. Dharmasutras and Dharmashastras:

o These texts expanded on Vedic principles and translated them into detailed laws.
o For example, rituals mentioned in the Yajurveda were formalized as legal duties in the
Dharmashastras.

2. Role of Priests:
o Brahmins, as interpreters of the Vedas, played a significant role in guiding rulers and
shaping laws.

3. Customs and Traditions:

o Vedic teachings were adapted to local customs, creating a blend of written and
customary laws.

Importance of the Vedas as a Source of Law

 1. Foundation of Dharma: The Vedas laid the foundation for the concept of Dharma, which
became the cornerstone of Indian law.
2. Guidance for Rulers: Kings and rulers looked to the Vedas for moral and ethical guidance in
governance.
3. Social Harmony: By emphasizing duties and responsibilities, the Vedas helped maintain order in
society.
4. Timeless Wisdom: Even though the Vedas were written thousands of years ago, their principles
of truth, justice, and righteousness remain relevant.

Limitations of Vedic Laws

1. Caste System:
o The division of society into castes, as outlined in the Vedas, led to social inequality and
discrimination.

2. Gender Inequality:
o While women had some rights in the Vedic period, over time, their status became
subordinate, with limited roles in decision-making.

3. Lack of Detailed Laws:

o The Vedas provided general principles rather than specific legal codes, requiring later
texts to elaborate on them.

Legacy of the Vedas

The Vedas are not only spiritual texts but also a significant source of ancient Indian law and
philosophy. Their emphasis on moral values, social duties, and justice has shaped Indian culture
and continues to inspire modern principles of ethics and governance.