ABSTRACT

Law is the King Of Kings. Abolishment of

Durgunas. Vasudhaiva Kutumbakam. Sabha &
Samiti. Concept of Danda. Janatantra.

Sourav Mishra
Roll Number #53. B.B.A.LL.B 2012

A RESEARCH ON THE DEFINITION AND VARIOUS

CONCEPTS OF DHARMA

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 Table of contents

Contents
Table of contents ............................................................................................................................................................... 1
Index of authorities ........................................................................................................................................................... 2
Research Methodology ..................................................................................................................................................... 3
1. Scope of Research: ................................................................................................................................................ 3
2. Objectives of Research.......................................................................................................................................... 3
3. Research Questions: .............................................................................................................................................. 3
4. Hypothesis............................................................................................................................................................. 3
5. Research Method: ................................................................................................................................................. 3
What is Dharma?............................................................................................................................................................... 4
Concepts of Dharma: ........................................................................................................................................................ 6
1. Dharma & Concept of Law & Justice. .............................................................................................................. 6
2. Dharma & Concept of Democracy: ................................................................................................................... 7
Dharma & Concept of Separation of Powers: ...................................................................................................... 7
3. Dharma & Concept of Sabha & Samiti............................................................................................................. 8
4. Dharma & Concept of Women: ......................................................................................................................... 8
Vedas: ....................................................................................................................................................................... 8
Rig Veda: ................................................................................................................................................................ 8
Manusmriti: ............................................................................................................................................................. 8
STRIDHANA OR RIGHT TO PROPERTY OF WOMEN ........................................................................ 9
1. Sandhayiah: .................................................................................................................................................... 9
2. Asandhayiah: ................................................................................................................................................... 9
LAW LED INTO INHERITANCE ............................................................................................................... 9
CONCEPT OF DIVORCE ......................................................................................................................................... 9
Conclusion ..................................................................................................................................................................... 10
References:..................................................................................................................................................................... 11
1. Websites: ............................................................................................................................................................. 11
2. Books: ................................................................................................................................................................. 11
 Index of Authorities

Articles

Administrative System in India: Vedic Age to 1947 by U.B. Singh ................................................................................ 9

Deepak Kumar, Basic Principles of Dharma, Justice and Democracy, (April 25, 2012...................................................... 4
Dhand, Arti,"The Dharma of Ethics, the Ethics of Dharma : Quizzing the Ideals of Hinduism", (Fall2002). Journal Of
Religious Ethics 30 (3): 351. .......................................................................................................................................... 2
Kshama, The Rule of Law, Justice, and the subtlety of Dharma ....................................................................................... 4
Rajiv Malhotra, Dharma Is Not The Same As Religion ...................................................................................................... 2
Subhamoy Das, What Is Dharma? About the Path of Righteousness ............................................................................... 2
U. B. Singh, Administrative System in India: Vedic Age to 1947 ....................................................................................... 6
Books
Administrative System in India: Vedic Age to 1947 by U.B. Singh ................................................................................ 9
Concept of Dharma by K.L. Bhatia .................................................................................................................................. 9
Research Methodology
1. Scope of Research: The scope of research of this project has been limited to the:
(i) Definition of Dharma
(ii) Dharma & Concept of Law & Justice
(iii) Dharma & Concept of Democracy
(iv) Dharma & Concept of Separation of Powers
(v) Dharma & Concept of Sabha & Samiti
2. Objectives of Research: The primary objective of this research is to fulfil this requirement as a part
of the internal assessment. It is also done to correlate with the concepts of dharma taught in class.
Lastly, there can be a comparative analysis of the evolution of law from the Vedic period till present
day.
3. Research Questions:
1. What is the meaning of dharma?
2. What are the various forms of dharma?
3. Does the concept of dharma provide an ideal tool to modify the modern days administration?
4. Hypothesis
Dharma is presumed to be a uniform law followed in the Vedic Period by the kings. It is something
that holds the entire universe together. One who follows dharma takes the correct decisions in his life
and works for the development and prosperity of the entire universe.
It is presumed that Dharma only has only one form. That form holds the entire universe together.
That single form is very powerful. Dharma is not broken down into various forms/subdivisions. It is
considered as a single unit.
I do not presume that the concept of dharma provides an ideal tool to modify the modern days
administration. Modern day administration is pretty sophisticated with the Parliament and its two
houses, executive and judiciary. However, dharma can provide a decent psychological effect to the
mind of the law makers, executives and the judges.
5. Research Method:
The research is conducted using secondary research methods. Many websites were randomly chosen
using Google search and various books are referred as mentioned in the References section.
What is Dharma?

Dharma is the law that upholds, supports or maintains the regulatory orders of the universe. Dharma has the
Sanskrit root -dhri, which means "that without which nothing can stand" or "that which maintains the
stability and harmony of the universe.1 It is the path of righteousness and living one's life according to the
codes of conduct.2. It is a concept of central importance in Indian philosophy and religion.3 Dharma
designates those behaviours considered necessary for the maintenance of the natural order of things.4 It
means what holds things together. It is based on the principles of integration.

Hinduism describes dharma as the natural universal laws whose observance enables humans to be
contented and happy, and to save himself from degradation and suffering. Dharma is the moral law
combined with spiritual discipline that guides one's life. Hindus consider dharma the very foundation of life.
It means "that which holds" the people of this world and the whole creation. Dharma is the "law of being"
without which things cannot exist.5

Dharma refers to the religious ethics as propounded by Hindu gurus in ancient Indian scriptures. Tulsidas,
author of Ramcharitmanas, has defined the root of dharma as compassion. This principle was taken up by
Lord Buddha in his immortal book of great wisdom, Dhammapada. The Atharva Veda describes dharma
symbolically: Prithivim dharmana dhritam, that is, "this world is upheld by dharma". In the epic poem
Mahabharata, the Pandavas represent dharma in life and the Kauravas represent adharma.6

For many Buddhists, the Dharma most often means the body of teachings expounded by the Buddha. The
word is also used in Buddhist phenomenology as a term roughly equivalent to phenomenon, a basic unit of
existence and/or experience. Some regard it as an ultimate truth, or as the fount of all things which lies
beyond the "three realms" and the "wheel of becoming". Others, who regard the Buddha as simply an
enlightened human being, see the Dharma as the essence of the "84,000 different aspects of the teaching"
that the Buddha gave to various types of people, based upon their individual propensities and capabilities.

1
Rajiv Malhotra, Dharma Is Not The Same As Religion (06/14/11 02:05 PM ET), http://www.huffingtonpost.com/rajiv-
malhotra/dharma-religion_b_875314.html
2
Subhamoy Das, What Is Dharma? About the Path of Righteousness, http://hinduism.about.com/od/basics/a/dharma.htm
3
Dhand, Arti,"The Dharma of Ethics, the Ethics of Dharma : Quizzing the Ideals of Hinduism", (Fall2002). Journal Of Religious
Ethics 30 (3): 351.
4
...the order and custom which make life and a universe possible, and thus to the behaviours appropriate to the maintenance of
that order." citation in The Oxford Dictionary of World Religions
5
Subhamoy Das, What Is Dharma? About the Path of Righteousness, http://hinduism.about.com/od/basics/a/dharma.htm
6
Subhamoy Das, What Is Dharma? About the Path of Righteousness, http://hinduism.about.com/od/basics/a/dharma.htm
Jainism believes that the dharma is the nature of an object. It is the nature of the soul to be free, thus for the
soul, the dharma is paralaukika, beyond worldly.7 For Sikhs, the word Dharm means the "path of
righteousness".8

Dharma is otherwise known as Universal Law. It is based on the Principle of Vasudhaiva Kutumbakam,
which means that the whole world is considered as a single unit.9 It is also considered as prudentia juris of
law, because all the natural laws of divine origin, positive laws (man-made laws) and moral laws are
evolved from it.

The concept of dharma speaks of abolishment of 10 durgunas. They are:

1. Grudge
2. Malice
3. Anger
4. Greed
5. Dillusion of Mind
6. Prejudice
7. Bias
8. Fear
9. Hatred
10. Empty Pride10

It promotes 12 kinds of manava sadgunas:

1. Patience
2. Firmness of Body & Mind
3. Self-Restrain & Self Discipline
4. Kindness
5. Forgiveness
6. Love
7. Benevolence
8. Courtesy
9. Fearlessness
10. Boldness
11. Perseverance

7
Krtikeynupreks
8
Sukhdev Kaur, Sikh Dharma, http://urbandharma.ee/sikh-dharma/
9
K L Bhatia, Concept of Dharma
10
Deepak Kumar, Basic Principles of Dharma, Justice and Democracy, (April 25, 2012),
http://www.globalhinduism.com/2012/04/25/basic-principles-of-dharma-justice-and-democracy/
 12. Friendly Treatment with the People of the Entire World11

Anything that helps human being to reach god is dharma and anything that hinders human being from
reaching god is adharma. According to the Bhagavat Purana, righteous living or life on a dharmic path has
four aspects: austerity (tap), purity (shauch), compassion (daya) and truthfulness (satya); and adharmic or
unrighteous life has three vices: pride (ahankar), contact (sangh), and intoxication (madya). The essence of
dharma lies in possessing a certain ability, power and spiritual strength. The strength of being dharmic also
lies in the unique combination of spiritual brilliance and physical prowess.12

Concepts of Dharma:
1. Dharma & Concept of Law & Justice: Law is defined as King of Kings. It is very rigid and
powerful. The Concept of Dharma contains the Sanction of Law and its Rules are always
equally applicable to all alike, whether he / she may be a King / Queen or an ordinary citizen.13 This
sanction of law says that all the people should be treated equally.14 The weak can prevail over the
strong and the king can be prosecuted too. The maxim: King Can do no wrong does not exist.

Danda or punishment is equally applicable to the king and all his subjects. Immediate & suitable
punishment was given to the offender, hence uplifting the concept of speedy justice. The punishment
is awarded suitably with respect to its offences and isnt necessarily nominal. Award/reward was
given to the person who worked for dharma.

Dharma promoted upliftment of personal right and liberty for sustainable development, individual
happiness and prosperity. However, when there is a conflict between individual and public right will
prevail.

The Rule of Justice fixes and determines the exercise of personal rights of individual liberty in the
pursuit of individual welfare, happiness, development and prosperity, so as to confine that individual
liberty within the limits which are consistent with the general welfare of mankind for all round
sustainable development and prosperity of the society, state, nation and world community.
The Concept of Nyaya or Justice contemplates that, for proper administration of Justice, at the
time of hearing and at the time of delivery of Judgment in each and every case, a Judge or
Judicial Officer sitting at the Throne of Justice must always keep himself / herself free from the
Ten Kinds of Manava Durguna (Human Vices), namely- 1. Irshya (Grudge), 2. Dwesha (Malice),

11
Subhamoy Das, What Is Dharma? About the Path of Righteousness, http://hinduism.about.com/od/basics/a/dharma.htm
12
Subhamoy Das, What Is Dharma? About the Path of Righteousness, http://hinduism.about.com/od/basics/a/dharma.htm
13
Deepak Kumar, Basic Principles of Dharma, Justice and Democracy, (April 25, 2012),
http://www.globalhinduism.com/2012/04/25/basic-principles-of-dharma-justice-and-democracy/
14
Kshama, The Rule of Law, Justice, and the subtlety of Dharma, (November 23, 2012),
http://kshama.wordpress.com/2012/11/23/the-rule-of-law-justice-and-the-subtlety-of-dharma/
 3. Krodha (Anger), 4. Lobha (Greed), 5. Moha (Delusion of Mind), 6. Purvagrah (Prejudice), 7.
Pakshapat (Bias), 8. Bhaya (Fear), 9.Ghrina (Hatred) and 10. Ahankar (Empty Pride).15

2. Dharma & Concept of Democracy: Democracy is an English substitute word for its Sanskrit
equivalent term Janatantra16. Democracy is a system of governance under which the greatest,
noblest, finest, fittest and the most competent persons are elected or selected by the people to rule
over the society (State),

for proper administration, control and management of the entire affairs of the society (State),
for finding out amicable and sustainable solution of public problems,
for establishment, enforcement and promotion of Dharma (Righteousness),
for suppression and prevention of Adharma (Unrighteousness),
for development of infrastructure facilities for common use by the people of all communities,
for all round sustainable development and prosperity of individuals, society and state and
for attainment of its certain other objectives for which the society (State) is established and its
government is formed.

The concept of Dharma contemplates appointment of the greatest, noblest, finest, fittest and the most
competent persons against all kinds of Judicial, Legislative, Executive and Administrative Posts of
Responsibility, who must have command over professional knowledge and skill and must keep themselves
free from the Ten Kinds of Manava Durguna (Human Vices), namely- 1. Irshya (Grudge), 2. Dwesha
(Malice), 3. Krodha (Anger), 4. Lobha (Greed), 5. Moha (Delusion of Mind), 6. Purvagrah (Prejudice), 7.
Pakshapat (Bias), 8. Bhaya (Fear), 9.Ghrina (Hatred), and 10. Ahankar (Empty Pride), and who must possess
in themselves Twelve Kinds of Manava Sadguna (Human Virtues), namely- 1. Dhairya (Patience), 2.
Dhriti (Firmness of body and mind, firm determination), 3. Dama (Self Discipline), 4. Daya (Kindness), 5.
Kshama (Forgiveness), 6. Prema (Love for nature and all creatures), 7. Paropkar (Benevolence), 8.
Vinamrata (Courtesy and decency in behavior), 9. Nirbhikata (Fearlessness), 10. Sahas (Boldness and
courage), 11. Adhyawasaya (Perservance), and 12. Vishwa Bandhutwa (Universal Respect for the people of
all communities, states and nations of the entire world by treating them as ones own family members,
relatives and friends).17

Dharma & Concept of Separation of Powers: Separation of powers was made:

15
Deepak Kumar, Basic Principles of Dharma, Justice and Democracy, (April 25, 2012),
http://www.globalhinduism.com/2012/04/25/basic-principles-of-dharma-justice-and-democracy/

16
Krishna Ballabha Sharma Yogiraj, Basic Principles of Dharma, Justice and Democracy
17
Deepak Kumar, Basic Principles of Dharma, Justice and Democracy, (April 25, 2012),
http://www.globalhinduism.com/2012/04/25/basic-principles-of-dharma-justice-and-democracy/
 (i) To protect the people
(ii) To prevent Chaos, and
(iii) To promote Manava Sadguna

3. Dharma & Concept of Sabha & Samiti: Atharba veda says that Sabha is the sister of Samiti.18
Sabha is the national judicature and the Samiti elects the king. Both Sabha & Samiti checked
whether the king is ruling according to customary law, maintaining justice or not. They had the
power to remove the king.

Rig Veda said that Sabha had the political and non-political power19 and Samiti was the national
assembly. It had the power to elect and remove the king. If a king wanted to take a decision, he must
put it before the Sabha & Samiti.

4. Dharma & Concept of Women:

During the Vedic Period, women were engaged in agriculture, manufacturing arrows, bows etc. They
had equal rights with men. Vedic education was mandatory upto their marriage age and womens
presence in all religious ceremonies was mandatory.
However, during the end of Vedic Civilization, around 300 BC, the status of women diminished:
(a) Right to education was denied
(b) Marriage age was reduced from 15-16 years to 8 years.
(c) Only elementary education was provided to women, i.e. how to take care of their husbands and
children.

Vedas:
Rig Veda: It says that women must be honoured and adored by father, mother, husbands and mother
in law, as she seeks their welfare. If women would be honoured, God will be pleased on them. If not,
nothing right will happen in that house. In a house where a woman lives in grief, the whole family
perishes, but if she lives with happiness, the whole family prospers.
Manusmriti:
(a) Father protects the girl in her childhood
(b) Husbands protects his wife after marriage.
(c) Son protects his mother at old age.

18
Maurice Bloomfield, Hymns Of The Atharva-Veda, Sacred Books of the East, volume 42, [1897], http://www.sacred-
texts.com/hin/av.htm
19
U. B. Singh, Administrative System in India: Vedic Age to 1947 8
 This concept has been also criticised. People said that Manusmritis concepts wanted women to live
like slaves of men, throughout their lives. But the Hindu religion praised it. It said that manusmriti
was not against women. Rather It gives an obligation to a father, husband and son.
STRIDHANA OR RIGHT TO PROPERTY OF WOMEN
Stridhana had two definitions:
1. The property given to a girl at the time of her marriage as a token of love and affection by her
father, mother and brother is known as Stridhana
2. Any property given to a woman at the time of her marriage, not only by her father, mother and
brother, but also by her husband constitutes Stridhana.
Stridhana has also two kinds:
1. Sandhayiah: Women have absolute right over this property. She can transfer it to another person.
2. Asandhayiah: Woman can take benefit of that property, but she cant mortgage or transfer it.
LAW LED INTO INHERITANCE
1. If a mother dies, property will be equally divided among brothers and unmarried sisters.
2. Both brothers and unmarried sisters have to give 1/4th of their shares to married sisters.
3. If unmarried sisters claim the loss of their 1/4th shares, the brother will give another 1/4th of their
shares to unmarried sisters.
Hence, women basically have 3/4th of the shares.
A sister doesnt have the right to claim partition of property.
If a married woman dies childless, the stridhana will be given to her parents.

CONCEPT OF DIVORCE
Vedas say that marriage is considered to be sacred and it cant be broken. But Manusmriti & Arthasasthra
support the concept of divorce. They say that:
1. A barren wife should be abandoned in her 10th year.
2. A wife who yields one daughter only should be abandoned in her 12th year.
3. A wife whose all children die should be abandoned in her 15th year.
4. The one who is quarrelsome should be abandoned without delay.
5. A wife can also abandon her husband if:
(a) He is impotent
(b) He is insane, mad or unsound
(c) If the husband is suffering from any kind of incurable disases.
Conclusion
The Concept of Dharma is indeed a wide definition of divine rules that is ought to be followed in the in the
current society which more often than not shows the signs of corruption and dishonesty. The president,
ministers and judges while giving and making important laws and decisions must keep in mind the 12
manava sadgunas and ignore the 10 manava durgunas. The concept of democracy is something that still
exists in todays era, having evolved from the Vedic & Dharmic period, much due to its uniformity and
efficiency in providing smooth administration. The only hypothesis that was wrong was concept of dharma
does not provide an ideal tool to modify the modern days administration. The concept of Janatantra, Sabha
and Samiti are the same as the concept of democracy and houses of Parliament of present day.
References:
The following books and websites were referred to during the research:
1. Websites:
(i) http://www.globalhinduism.com
(ii) http://www.sacred-texts.com
(iii) http://kshama.wordpress.com
(iv) http://hinduism.about.com
(v) http://urbandharma.ee
(vi) http://www.huffingtonpost.com
2. Books:
1. Administrative System in India: Vedic Age to 1947 by U.B. Singh
2. Concept of Dharma by K.L. Bhatia