DHARMA

Dharma (Sanskrit: dhárma, Pāḷi dhamma; that which upholds or supports)

means Law or Natural Law (as in the natural order of things) and is a concept of
central importance in Indian philosophy and religion. In the context of
Hinduism, it refers to one's personal obligations and duties, and a Hindu's
dharma is affected by the person's age, caste, class, occupation, and gender. In
modern Indian languages it can refer simply to a person's religion, depending on
the context.

The idea of dharma as duty or propriety derives from an idea found in India's
ancient legal and religious texts that there is a divinely instituted natural order
of things (rta) and justice, social harmony and human happiness require that
human beings discern and live in a manner appropriate to the requirements of
that order. According to the various Indian religions, such as Hinduism,
Jainism, Buddhism, and Sikhism, beings that live in accordance with dharma
proceed more quickly toward dharma yukam, moksha or nirvana (personal
liberation).

In traditional Hindu society, dharma has historically denoted a variety of ideas,

such as Vedic ritual, ethical conduct, caste rules, and civil and criminal law. Its
most common meaning however pertains to two principal ideals: that social life
should be structured through well-defined and well-regulated classes (varna),
and that an individual's life within a class should be organized into defined
stages (ashrama, see dharmasastra).

The antonym of dharma is adharma meaning unnatural or immoral.

Dharma also refers to the teachings and doctrines of the founders of Buddhism
and Jainism, the Buddha and Mahavira. In Buddhist philosophy,
dhamma/dharma is also the term for "phenomenon".
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Dharma and its Influence over Hindu Law

by Ashish Goel

“Hindu law has the oldest pedigree of any known system of jurisprudence and
even now it shows no signs of decrepitude.” – James Dawson Mayne

In the discussion of Hindu law, dharma forms the innermost core. It has been
the central theme; primary objective of law as well as the principal means itself.
Taittyriya Samhita states “Dharma constitutes the foundation of all affairs in the
world. People respect one who adheres to dharma. Dharma insulates man
against sinful thoughts and actions. Dharma therefore is considered supreme.”

In the ancient texts, law has been described as an aspect of Dharma.

Designation of texts that expound law as Dharmasastra or Dharmasutra shows
the proximate relation of Dharma and classical Hindu law. In Naradasmriti and
Katyayanasmriti, court of law has been termed as dharmasana or
dharmadhikarana, which reinforces this argument. The purpose of dharma was
to keep everybody within his or her assigned roles. Having a strong foundation
in the principles of dharma, the basic tenets of Hindu law emerged in ancient
India under the aegis of generations of kings. The great body of Hindu law as
known today did not evolve in a singular or particular age or socio-cultural
milieu. The Rig-Veda was composed around 1500 BC while the later smritis of
Narada, Brihaspati and Katyayana that mark the zenith and are known as the
grand trio of Indian jurisprudence, were composed between 4th to 6th centuries
AD. The Hindu jurisprudence continued to grow after this through
commentaries (tikas) and digests (nibandhas) that Commentaries of
Vijnyanesvara and Jimutavahana would be valid examples, which in modern
Hindu law formed the basis of the Hindu succession law.

One of the significant features of these sources is that it is more or less accepted
that “it is not correct or necessary to hold the view that Hindu law is of divine
origin. No doubt, in the scriptural literature there are many references to divine
mediums and sources, but to be reasonable….must be regarded as strictly
human. Definite information is not possible because these authors flourished
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long ago and they did not leave anything behind them for personal
identification.” Hindu law being a human creation and not a divine dictum is
therefore amenable to change according to the needs of the time and society as
long as it conforms to the basic principles of dharma.

The smriti texts adopted an admirably practical approach of balancing the

demands of custom and various other requirements with the dicta of the
dharmasastras. Modern jurists and legal thinkers have critically acclaimed its
high philosophy and lofty principles that often reminds of the idealism as
enshrined in the constitution. At the same time the manner in which it is applied
in the modern times as personal law of Hindus mainly in the juridical scope of
family law and law related to the religious endowments has been subjected to
strong criticism. The application of doctrines of classical Indian law has been
severely restricted since the start of the British rule through legislations and
judicial decisions. The product often fails to fulfill the requirements of serving
the cause of dharma or justice in the context where these terms cab be
interchangeably used. Narrow and restrictive interpretations of codified statutes,
which claim the backing of dharma, fail to serve the cause of dharma as
understood in the opening paragraph.

Thus, dharma covers the eternal order of universe as well as any particular
situation in the life of a human being. It comprises all levels of actions,
situations, gods and creatures in its many folds of duty. The holistic
conceptualization of dharma suggests that any human activity, including
inaction, potentially have wide reaching consequences. Therefore, following a
path of appropriate behavior is extremely important; and this path has been laid
down by the sutras and the smritis.
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Dharma is an Eastern term whose Western equivalents might include

morality, ethics, virtue, righteousness and purity. Sadly, most of those
terms are distinctly unfashionable in our modern culture. Yet it is Dharma
by which the seeker of truth can evolve to gnosis.

In India the deity Sri Vishnu is believed to have taken more than 9 incarnations
(avatars) on this earth to defend the righteous (i.e. those living within Dharma)
against the demonic forces (adharma).
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The first of the goal is “Dharma”, a word which is difficulte to translate in

english. Since the same word is used in many eastern religion, it means many
things to many people and eludes a true defination. It has been variously
translated as duty,faith,religion,righteousness,sacred law,justice,ethics,morality
and so on. According to one school of hinduism, “Dharma” is an obligatory
duty asprescribed by the Vedas to be performed by an individual in accordance
with the rules perscribed for the case to which he or she belongs. God is an
upholder of “Dharma” beacause he perform his duties even through they are not
obligatory he is without desire pr prefrences.

In a wider sense, “Dharma” is the secret glue,the binding force, which upholds
and regulate this entire creation just as the gravitational force controls and holds
the entire material universe as one piece. It is the divine constitution that defines
our roles and responsibility, our social and moral order, our purpose and goals
and rewards and punishments that are appropriate for our actions. It is the law
of God that is sacred, inviolable and pervasive.it is responsible for
order,regularity,harmony,control,predictability and accountability.

Dharma exist in all planes, in all aspects and at all levels of creation. In the
context of human life, “Dharma” consist of all that an individual undertakes in
harmony with divine injunctions and his own sense of morality and justice.
However to comprehend the true nature of “Dharma” is not an easy task. The
world is enveloped in an illusion as our human minds are. What we see in the
world and learn from it may not be true and reliable. What we consider as right
and wrong or “Dharma” and “adharma” may not stand the test of truth. Hence
to practise “Dharma” we are advised to rely upon the scriptures and follow the
injunctions contained therein.

The sources of “Dharma” are the Vedas, the “vedangas”, “the Sutra” literature
of which the most important are the “Dharmashastras” (law books) played an
important role in guiding people on the path of “Dharma”. It is, however,
difficult to say how far they are relevant in the present age. One should also
remember that Dharma should not be viewed as end in itself but the means to a
still higher end i.e liberation.

Dharma must constitute the foundation of all the activity-

planning,organising,producing and marketing, without the presence of
“Dharma” managerial activities will be practically like a body without soul, a
near corpse. Good planning and a sound organisational frame would produce a
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rich harvest, if it is run with the spirit of “Dharma”, which is both a fuel and a
lubricant.