Dharma and changing

concepts of justice
 Meaning Of
Dharma
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 a path to righteousness and living ones live according to

code of conduct as described by Hindu scriptures.
Dharma is the moral law combined with spiritual discipline that guides
one's life. Dharma is the law of being without which things cannot
exist. Dharma has multiple meanings. Some examples are Sannayas and
stages of life, Duties such as learning from teacher, Law and Justice,
Virtues such as Ahimsa, rituals and rites of passage, Yoga and
personal behaviors.
SOURCE OF DHARMA
Dharma and related words are found in the oldest Vedic literature of
Hinduism, in later Vedas, Upanishads, Puranas, and the Epics; the word
dharma also plays a central role in the literature of other Indian
religions founded later, such as Buddhism and Jainism.

According to Brereton, Dharman occurs 63 times in Rig-veda; in

addition, words related to Dharman also appear in Rig-veda, for example
once as dharmakrt, 6 times as satyadharman, and once as dharmavant, 4
times as dharman and twice as dhariman. In other texts, three sources
and means to discover Dharma in Hinduism are described. These,
according to Paul Hacker, are: First, learning historical knowledge such
as Vedas, Upanishads, the Epics and other Sanskrit literature with the
help of ones teacher. Second, observing the behavior and example of
good
People. The third source applies when neither ones education nor
example exemplary conduct is known.
Dharma related to duties of a
person
The life of a person in a Dharmic society is also divided into four stages,
the first is the Brahmacharya (the student life), the second is the

Grihasta (the family life), the third is the Vanaprastha (the forest dweller
or to be independent of the society) and the fourth is the Sanyas (the
world renouncer to attain moksha or salvation). The Dharma of a person in
every stage is different and what is the Dharma for one is not the Dharma
for the other.
The interaction of these matrices and webs create the Dharma of the

individual within society, his Svadharma. The Svadharma is the basis of

each persons Dharmic ideal in society.
Dharma and societal norms and the social web
Dharma is sometimes compared to the Greco-Roman conception of
Natural Law though in conception they are fundamentally different.
Dharma though universal is established through customary and societal

practice and reiterated by the Dharmashastras (the treatises on Dharma )

Dharma is completely unlike an objective black letter code of law in that it

represents an idealized compendium of tradition and sadachara ( good

customs) and sila ( established conduct) which must be tested on the
touchstone of prudence.
Dharma is clearly an evolving system of norms, changing all

the time yet retaining its essence permanently.

Dharma And Law
The notion of Dharma as duty or propriety is found in India's ancient legal and
religious texts. In Hindu philosophy, justice, social harmony, and happiness
requires that people live per dharma. The Dharmashastra is a record of these
guidelines and rules. The available evidence suggest India once had a large
collection of dharma related literature (sutras, shastras); four of the sutras
survive and these are now referred to as Dharmasutras. Along with laws of Manu in
Dharmasutras, exist parallel and different compendium of laws, such as the laws
of Narada and other ancient scholars. These different and conflicting law books
are neither exclusive, nor do they supersede other sources of Dharma in Hinduism.
These Dharmasutras include instructions on education of the young, their rites of
passage, customs, religious rites and rituals, marital rights and obligations, death
and ancestral rites, laws and administration of justice, crimes, punishments, rules
and types of evidence, duties of a king, as well as morality.
Transitional period of law and legal system

With the passage of time and changes in the socio-political conditions of India
due to influence of Moghul and later British rule, the ancient Hindu law which at
one time governed the entire human activity civil, criminal and miscellaneous,
was modified, supplemented and finally moved by various legislative enactments.
During the Mughal rule in India, Islam was used to function as a political entity
rather than a legal system. Thus the Hindu law which was at one time revealed
to have a divine origin being a part of dharma, has now become man-made law
and therefore has lost its divinity which the religion still retains. Dharma, which
is as old as humanity itself and of which law proper has been only a part and
parcel, has lost all its truth and glory and it is now being increasingly used as a
means to accomplish the selfish ends of those who are in power rather than as
an instrument to secure even-handed justice to the people of India.
Indian Judicial System
In India, the judiciary is very respected and is uniquely powerful. Some
say it is the most powerful judiciary in the world.
It can only happen in a country where the culture holds the interpreters

of laws to be even higher than the formulators of laws and those that
execute them.
Dharma in India still reigns supreme.
Conclusion

We in India are living in the modern age. In ancient India the concept of Dharma was the
synthesis of law, religion and morality. It represented the reality it self and the whole of Right
and Truth of human life. It was the spirit of Justice and the Victory of good over evil. Now we
live in multi- religious, multi lingual plural society. The word Dharma as Justice may seem not so
representative of all the people of India due to its modern meaning as religion only. But we
need some other concept like Dharma which can represent Justice as a whole.
In ancient India Dharma was considered as the complete constitution of our ancient Indian

Society. Now our Constitutionalism represents our Dharma and justice which balances and
harmonizes parliamentary democracy with presidential form of Government, preambular
declaration of liberty, equality and fraternity with emergency powers, and fundamental rights
of individuals with economic and social goals of Directive Principles of State Policy. Thus Indian
Constitution makes India a welfare state to enforce socio economic justice progressively. Our
constitutionalism is the new idea of our old concept of Dharma which expresses our will and
determination to uphold justice in every walk of life of the Indian people.
THANK YOU