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Dharma Shastras is the designation of legal literature in Sanskrit.

It comprises laws and


rules of conduct of the people of different category and had its origin in the Dharma
SutrasThe former is in the form of definition while the latter is in sloka or verse form.
Dharma Shastras existed at least prior to the period 600-300 B.C. and in the 2 nd century
B.C. they had attained a position of supreme authority in regulating the conducting of
men. Dharma means what upholds an individual; what sustains one; what leads to
happiness; one’s own obligations or duties; sacred law; moral order; practicing various
truths responsible for integrated development; correctness; eternal principle; philosophy
of life; meritorious act and so on. 

Origin of Dharma Sutras: A Sutra is a style of writing treatise by utilizing the fewest
possible words to ensure brevity and easy memorization. The Dharma Sutras along with
Srauta Sutras and Grihya Sutras comprises the Kalpa, one among the six Vedangas,
the auxiliary of the Vedas.

 The Srauta Sutras deal with the great Vedic sacrifices of Havis (oblation) and
Soma and other religious matters.
 The Grihya Sutra deal with domestic ritual. They contain minute rules for the
performance of various ceremonies (samskaras) marking every important epoch
of an individual’s life from conception to cremation.
 The Dharma Sutras deal with social usage and customs of everyday life. In them
we see the beginning of civil and criminal law. The important Dharma Sutras are
the Gautama Sutra, Baudhayana Sutra and Apastamba Sutra

Gautama Dharmasutra: Gautama Dharmasutra is the oldest of the Dharmasutras and can
be placed between 600-400 B.C. The contents of this dharmasutra is divided into 28
chapters and contains duties for bramacharins (students), gruhasta (householders),
responsibilities for the king, about taxation, inheritance, expiation, etc. In numerous places
Gautama refers to the views of his predecessors which prove that Gautama was preceded
by great literary activities in the sphere of Dharmasutras. This Dharmasutra was specially
studied by the followers of the Samaveda. Haradatta has written a commentary on Gautama
Dharmasutra by the name Mitakshara

Baudhayana Dharmasutra: Baudhayana Dharmasutra represents a south Indian


school of Krishna Yajurveda. According to Buhler, Baudhayana was from south India.
Baudhayana Dharmasutra is certainly later than that of Gautama Dharmasutra as it
mentions Gautama twice by name and is placed between 500-200 B.C. This
dharmasutra contains eight chapters and contains sources of dharma (law), duties for
students and householders, purification after birth and death ceremonies, about caste
and sub-castes, punishment for sins, etc. Some of its sections are later additions made
to its original form. A commentary on this dharmasutra has been written by
Govindaswamin.

Apastamba Dharmasutra: Apastamba Dharmasutra belonging to the school of


Apastamba of the Krishna Yajurveda in south India is the best preserved among the
Dharmasutra. It is divided into 30 chapters and quotes besides the Samhitas, the
Brahmanas very frequently. Punishment for various breaches of conduct and expiation
for sins are found this dharmasutra. Apastamba Dharmasutra is written in a concise and
compact style and though mainly in prose, there are verses here and there. Apastamba
is enumerated by Yajnavalkya as a writer on dharma and Apastamba Dharmasutra has
been quoted from very ancient times as authoritative. The date of this dharmasutra is
later than Gautama Dharmasutra and probably Baudhayana Dharmasutra and is placed
between 600-300 B.C. Haradatta has written a commentary on this dharmasutra by the
name Ujjvala Vrtti

Meaning of Smriti: The word Smriti literally means recollection or what is remembered.
It is used in two connotations. It is used to refer all those literature which does not come
under the class Shruti (revealed text like the Vedas). This includes the Vedangas,
Dharma Shastra, Puranas and other branches of knowledge. The word Smriti is also
synonyms with the word Dharma Shastra or sources of law and is a collection of all
legal principles found in the Vedas and included in the Dharma Shastras; as well as
customs or usage which came to be practiced and accepted by the society.

Manu Smriti: It is the most ancient and authoritative among the Smritis. Right from the
age of Rig-Veda almost all authors of Dharma Shastras refer to Manu as the first
lawgiver. However the Manu Smriti in its present form available to us now was compiled
by some eminent author probably Sage Brighu between 200 B.C. and 200 A.D. and
who gave it the title Manu Smriti. The compilation of Manu Smriti was possibly the result
of the need for codification of all the rules of Dharma Shastras which had been in
vogue, at one place. The systematic collection of all rules of Dharma Shastras covering
all the branches of law then in force, the simple language and great clarity in its
composition made the Manu Smriti the most authoritative source of ancient Hindu
jurisprudenceThe bhasya of Medhatithi is the earliest extant commentary on the Manu
Smriti and was composed around 900 A.D. Other famous commentators on Manu Smriti
include Govindaraja (12th century A.D.) and Kulluka Bhatta (15th century A.D.)

Yajnavalkya Smriti: Next to Manu Smriti, the code of Yajnavalkya acquired a very high
position in Hindu jurisprudence. When it was found by the thinkers of the then Hindu
society that the rules as laid down by Manu needed a revision, Yajnavalkya compiled
his own code in around 200 A.D. known as Yajnavalkya Smriti. Though this Smriti
follows the same pattern as of Manu Smriti in the treatment of subjects, it is scientific
and more methodical. It avoids repetition and according to J.C. Ghose though Manu’s
authority is unquestioned by all Hindus, it is the law of Yajnavalkya by which they are
really governed. Yajnavalkya Smriti consists of 1010 verses divided into three chapters
namely achara(rites), vyavahara(dealings) and prayaschitta(expiation)

.Narada Smriti: This Smriti contains 1028 verses. Dr. Jolly who has translated this
Smriti opines that the date of this Smriti is later than 300 A.D. and that the author of this
Smriti hailed from Nepal. Narada has not been cited by Kautilya and so he must have
been certainly after Kautilya and not prior to him. This Smriti solely deals with forensic
law, both substantive and procedural without any reference to penance and other
religious matters. Thus Narada Smriti makes a departure from the earlier works and can
be regarded as purely relating to law. It deals with courts and judicial procedure and
also lays down the law regulating the 18 titles with great clarity. Narada was
independent in his views and did not allow himself to be bound by the earlier text. This
Smriti is remarkable for its progressive views on various matters. To give a few
instances, in the matter of inheritance Narada Smriti provides for an equal share in
property for the mother along with her sons after the death of her husband. In marriage,
he holds that a widow as well as a wife whose husband is impotent or absconding is
entitled to remarriage. In politics Narada was par excellence champion of royalty. He is
the solitary writer who went to the extent of maintaining that even a worthless ruler must
be constantly worshipped by his subject.

Legal system of ancient India included mainly 18 titles of law, although some authorities added a
few more. According to Manu, these titles of law were non-repayment of debt, deposit, partnership
business, resumption of gift, sale of an article by one other than its owner, non-payment of wages,
breach of contract, duties of wife and husband, partition of inheritance, repentance after sale or
purchase, dispute between the master and the keeper (of cattle), boundary dispute, abuse, too
severe punishment, theft, violence, adultery, gambling and animal betting

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