History project

Concept of Dharma

LEGAL HISTORY

_ _ _ _ __ _ ______ _ __ _ __ ___ _ ______ _ _ _

CONCEPT OF DHARMA IN THE VEDIC SOCIETY

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CONTENTS

ACKNOWLEDGEMENT............................................................................................................................2

LIST OF CASES...........................................................................................................................................4

INTRODUCTION ........................................................................................................................................5

DHARMA: ITS CONCEPTS IN DIFFERENT CONTEXTS......................................................................8

PURPOSE OF DHARMA..........................................................................................................................12

DHARMA IN VEDIC SOCIETY...............................................................................................................13

DHARMA AND ADHARMA...................................................................................................................16

DHARMA AND LAW IN THE VEDIC PERIOD.....................................................................................21

DHARMA: A NATURAL LAW................................................................................................................25

STATUS OF WOMEN IN THE VEDIC PERIOD....................................................................................28

CONCLUSION...........................................................................................................................................32

BIBLIOGRAPHY.......................................................................................................................................34

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LIST OF CASES

Air India v. Nergesh Meerza, AIR 1981, SC1850.........................................................................................24 Gajaran Naran Bhura vs. Kanbi KunverbaiParbat, AIR 1997Guj185 .........................................................28M.C.Mehta v. Kamalnath, (1997) 1 SCC388...............................................................................................24 Shantaram Tukaran Patil and Anr. vs.Dagubai Tukaram Patil and Ors, AIR 1987 Bom 182......................28 Sunil Batra v. Delhi Admn, AIR 1980 SC1579 .............................................................................................24

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INTRODUCTION

Dharma is pervasive in the Indian Vedic/Hindu philosophy. Dharma is said to be ―law‖, or moral

―law‖, or ―natural law‖ by acceptance- jus receptum- that is believed to have been determined by a Divine Author; it is not at

all a law as we understand it today.1

Dharma is said to have many approaches. In legal science cosmology isthe innermost treasures

as ―law‖ and ―law and morality‖ or ―natural law‖ that is a truth.

Dharma includes Law and Natural Law, Morals and Ethics as it is

the manifestation of natural attributes of man in pursuit of

justice that is his desire for his welfare. The Smritis are a

great source in which the Dharma is ingrained and includes the

law codes dealing with some main subjects: law of constitution,

law of administration, law of diplomacy, law of nations, codes

of conduct, civil and criminal law, and punishment and atonement.

Dharma is ecole de verite- the school of truth. Dharma sits supreme

as Vidhi (law), Nayaya (justice), and Yukti (natural reason, logic

and equity), Vidya (knowledge) and binds the human beings and also

the manifestations of Law, Life and Morality.

Dharma is infallible as it is solicitous of noble birth originsinvented by the Great Creator- God-realized in three stages ofVedic/Hindu philosophy: Brahaman, Paramatma and Bhagwan-Trimurti-three manifestations- Satyam, Shivam, Sundaram- of one God (Ekam

svadipra bahuda vadanti)- disseminated and assimilated by the

great sages, saints, seers, and mystics through millennium

after millennium.2

Dharma means laws, or particularly moral laws (what holds things

together). It is also known as the principle or philosophy of

integration working through all the sects of life. Dharma is also

the integrity of Humanity. Entire Hinduism is based on its

concept. Dharma is universal and gives the idea of Vasudeva

Kutuambakkam- entire universe is like a single family. Dharma

under the science of law says that: “Sarve Bhavanth Su k hina, Sarve Santh

N irmma y a” that also means let all be happy and let all be

healthy.

1 K.L.Bhatia, Concept of Dharma (2010)2 K.L.Bhatia, Concept of Dharma, p.(xv) of preface (2010)

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The inventors of this word Dharma have had a vision to develop the societal orderliness in

accordance with its laws. Therefore its laws practically preached

cultural and judicial harmony in as much as developing the law

concepts, morals, ethics, danda (punishment), prakriti and

vyavahara( law of civility), Raj dharma( law of

constitution), Rajayadharma (law of administration), Rajsana( law

of good as well as sustainable governance).

Dharma is derived from the root Dhri: Dharma dharayati dhartam; ato

dharmani dharayam; dharne; dharayate iti dharma, that means to

hold, to uphold, to support, to sustain (sustainability), to

retain (values), to conserve (soil conservation from erosion

and protecting environment erosion and preventing global

warming), to preserve (cultural heritage and values),

to observe and to promote (human good, happiness, dignity and rights), to develop (relation between Law and Morality and Law

and Nature).3

In Indian religions Dharma means the Law that ―upholds or supports ormaintains the regulatory

order of the universe.‖ Dharma according to the Hinduism isderived from a very old Sanskrit term called dharman which has aliteral meaning of ―bearer or supporter‖ but in a religious

sense it is comprehended as an aspect of “Rta.”4

Rajiv Malhotra says “Dharma is not the same as religion, every entity in the

cosmos has its particular dharma - from the electron, which has the dharma to

move in a certain manner, to the clouds, galaxies, plants, insects, and of course,

man. Man's understanding of the dharma of inanimate things is what we now call

physics.”5 The contemporary religions like Hinduism, Sikhism,Jainism and Buddhism all have the concept of Dharma in theircores. It is a concept of central importance in the Indian

philosophy and religion.6 It is very difficult to write aconcise definition of Dharma because of

its long and varied history and a whole set of complex meanings

and interpretations. Referring to Law in the universal or

abstract sense, dharma designates those behaviors considered

necessary

3 Monier Williams, A Sanskrit Dictionary (1899): " to hold , bear (also bring forth) , carry , maintain , preserve , keep , possess , have , use , employ ,practice , undergo"4 Rta: there is a divinely instituted natural order of things5 Rajiv Malhotra, Founder of Infinity Foundation, Article on Religion, 4th October 2013 From the site: ww w. hu f fing t on p o s t.c o m

6 Dhand, Arti (Fall2002). "The Dharma of Ethics, the Ethics of Dharma: Quizzing the Ideals of Hinduism". Journal Of Religious Ethics 30 (3): 351

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for the maintenance of the natural order of things.7 Dharma may encompass ideas such as

duty, vocation, religion and all behavior considered appropriate, correct or morally upright.

7 "...the order and custom which make life and a universe possible, and thusto the behaviors appropriate to the maintenance of that order." The Oxford Dictionary of World Religions

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DHARMA: ITS CONCEPTS IN DIFFERENT CONTEXTS

D H ARMA I N MAHABH A RAT A : The Mahabharata as everyone knows is an epic that has

inspired many writings, journals, newspaper articles and

television shows like no other source of inspiration. It has

held the most complex discourse on ‗dharma‘ or the path to

conquering one‘s self. For a reader who looks for some

definitiveness on which side Dharma lies, the Mahabharata eludes.

The situation of Draupadi in the gambling scene shows people

that she was a victim while Krishna blamed her for the very

situation she was in. He reminds her that she had rejected Karna

on the basis of caste (thinking he was not born in the house of

warriors) instead chose a priest (Arjuna appears in the

Swayamvara disguised as a Brahman) who later shared her with his

brothers and did not even protect her.

Dharma in these cases is embedded as much in formalistic rules

and structures, as in notions of rising above one‘s self. The

endorsement of, in particular Varna-dharma, poses particular

problems considering the oppressive nature of the caste system,

and the possibility of the upper castes deriving legitimacy from

the Mahabharata and other Hindu scriptures. It also runs counter

to the definition of Dharma as victory over one‘s self, which

can be rendered meaningless by ideas of one being pre-ordained

for a certain life based on birth. The complexity of the notion

of

Dharma as defined in the Mahabharata leaves not just us buteven the descendants of the Pandavas, asking themselves

agonizing questions of what is good and bad.8 The Hindu alsotalks about the same things and same preaching of Dharma in

Mahabharata.9 Bhisma who had mastered the knowledge of Dharmahad said:

“Tadrisho ayam anuprashno yatra dharmaha sudurlabaha

Dushkamha

Prabhavarthaya

pralisankhyatum

bhutanam

tatkenatra

dharmapravachanam

vysvasyathi

kritam

Yasyat prabhavasamyuktaha SA dharma iti nischayaha.”

8 Preeti Mohan, What Mahabharata tells about Dharma, 6th March, from: w ww . the a lt e rn a tiv e .in 9 Prema Nandakumar, Exposition of Dharma in Mahabharata, The Hindu, 29th November 2011, from: w ww . the h ind u .co m

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That means ―It is most difficult to define Dharma. Dharma has been explained to be that which

helps the upliftment of living beings. Therefore, that which ensures the welfare of living beings is surely Dharma. The

learned rishis have declared that which sustains is Dharma.‖10

D H ARMA I N B H A G V AD G I TA: In Gita, Lord Krishna refers to the

meaning of Dharma in a deeper sense and not just the literal

meaning of ―religion‖ or ―duty.‖ Dharma is the first word of

Bhagvad Gita and Lord Krishna in it, had taught Arjuna the

actual meaning of Dharma to be always below God. God is above

Dharma. Lord Krishna spoke about Dharma in the ninth chapter

of Bhagvad Gita when he declared that spiritual knowledge of

himself is Dharmya, or conducive to and consistent with dharma,

“I shall speak to you, who are free of envy, this most confidential knowledge,

together with its realized discernment, knowing which you shall be freed of the

inauspicious. This knowledge is the king of sciences, the king of secrets, and

the supreme purifier. Understood by direct perception, it is conducive to

dharma, very easy to perform, and

everlasting. People who do not place their faith in this dharma, O burner of

the foe, do not attain me but return to the path of death and material

existence.‖11 According to Arjuna in Bhagvad

Gita, Lord Krishna is the protector of ―everlasting

(shashvata) dharma‖: “You are the indestructible, the supreme object

of knowledge. You are the transcendental receptacle of this

universe. You are inexhaustible, the protector of everlasting dharma. I conclude

that you are the eternal person.” 12 The eighteenth and final chapterof the Bhagvad Gita summarizes the entire

text. In this chapter Lord Krishna refers three times to dharma,the first being a reaffirmation of his earlier admonition to

perform one‘s own, and not another‘s dharma.13

D H ARMA I N H I ND U ISM: The laws applicable according to the

scriptures of the Hindu religion are considered to be

applicable at all times and places. These laws bind the universe

and its components together and thus are termed as ―Dharma.‖ The

word religion is used for the lack of a better synonym for

'Dharma' in English language. Hinduism describes Dharma as the

natural universal laws whose observance enables humans to be

contented and happy, and to save him from degradation and

suffering. Dharma is the moral law combined with spiritual

discipline that

10 w ww . veda. w iki d ot.c o m 11 Bhagvad Gita, p. 9.1-3 (ninth chapter)12 Bhagvad Gita, p.11.18 (eleventh chapter)13 Article- Dharma in the Bhagvad Gita, Hridayananda dasa Go swami, from: ww w. kr i shna.co m

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guides one's life. Hindus consider Dharma the very foundation of life. Atharva Veda describes

Dharma symbolically: Prithivim Dharmana dhritam, that is, "this world isupheld by Dharma.‖

D H ARMA I N B U D D H ISM: According to Buddhism Dharma can mean ―the

state of nature as it is (yatha butha14) or the laws of natureconsidered collectively and individually or teaching of

Buddha as an exposition of the Natural Law applied to the

problem of human suffering or a phenomenon and/or its

properties. Buddhism in the East is said to be Buddha-dharma or

Dharma Vinaya. This refers to both the system of analysis taught

by the Buddha (recorded in the sutta pitaka of the Pali canon)

regarding the causes of suffering (Pali: pariyatti) and the

necessary course of action needed to be taken to undo these

causes (Pali: patipatti). There are six qualities of Dharma in

Buddhism: Svakkhato (Sanskrit: Svakhyata meaning ―well

proclaimed‖); Sanditthiko (Sanskrit: Samdrstika meaning ―able to be

examined‖); Akaliko (Sanskrit: Akalika meaning ―timeless,

immediate‖); Ehipassiko (Sanskrit: Ehipasyika meaning ―which you

can come and see‖); Opanayiko (Sanskrit: Avapranayika meaning

―leading one close to‖) and Paccattam veditabbo vinnuhi (Sanskrit:

Pratyatmam veditavyo vijnaih meaning ―to be personally known by the

wise‖). Knowing these attributes, Buddhists believe that they

will attain the greatest peace and happiness through the

practice of the Dharma. Each person is therefore fully

responsible for him to put it in the real practice.

D H ARMA AND J A I N ISM: Jain texts have a great range of meaning

for the term Dharma or “Dhamma.” Jainism is called Jain Dharma by

its adherents. In Jainism Dharma means ―the true nature of a

thing‖ or ―rationality of perception, knowledge and conduct‖

or ―ten virtues like forgiveness, etc. / ten forms of Dharma‖

or ―Ahimsa (protection of all living beings)‖ or ―two paths (one

of the monks and one of the laity) or ― Dharma as a Dravya

(substance or reality). The three jewels of Jainism namely

Samyak Darsana (rational perception), Samyak Jnana (rational

knowledge) and Samyak Charitra (rational conduct) conduct true

Dharma. According to Jain texts, Ahimsa is the greatest Dharma

and there is no religion equal to the religion of non

14 Yatha Butha(meaning), Oxford Dictionary of Buddhism, from: ww w. a n swers.co m

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violence. Dharma is the two fold path of Sravakadharma (path for laypersons) and Sramanadharma (the path of the

ascetics or mendicants).15

D H ARMA A N D S I KH I SM: Sikh Dharma is an American sect ofSikhism founded by Yogi Bhajan in 1971. It blends orthodox

Sikhism with New Age values.16 A monotheistic religion

founded in northern India in the 16th century by the guruNanak. Sikhism rejects caste distinctions, idolatry, andasceticism and is characterized by belief in a cycle ofreincarnation from which humans can free themselves by living

righteous lives as active members of society.17

D H ARMA I N R AMAYANA: Dharma, roughly the equivalent of theEnglish terms law and duty, has a much more defined meaning inHinduism. It is a principle which every person should strive tofollow. Dharma implies right conduct and the upholding ofmorals and virtues. The maintenance of these morals enables anindividual to attain salvation, or liberation of the soul. Theelements of dharma vary for each individual depending on hisor her birth and societal position and therefore it is theresponsibility of the person to act accordingly. The onlyaspects of dharma that could apply to all people equally arethose that discourage inflicting harm to another, either bythought or deed. Hinduism teaches that taking the dharmic pathis the only possible way to rid one‘s karma accumulatedthroughout his life. The concept of dharma is an overbearingtheme in the epic Ramayana, originally penned by Valmiki in

Sanskrit. Each one of the protagonists and the antagonists in

the story has a unique dharma.18

15 Varni, Jinendra; Ed. Prof. Sagarmal Jain, Translated Justice T.K. Tukol and Dr. K.K. Dixit (1993). Samaṇ Suttaṁ. New Delhi: Bhagwan Mahavir memorialSamiti. verse 29616 Wayne, Leslie (28 September 2004). "Sikh Group Finds Calling in Homeland Security", The New York Times. 17 Sikhism (meaning), from: w ww . the f r e e dicti o nar y .c o m 18 Dharma and the Ramayana, Nikita Ashok (2011), from: ww w . s outhas i anchaat.blog s . b r y nm a w r . e du.c o m

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PURPOSE OF DHARMA

In Shrimad Bhagavatam, Prahlad, one of the greatest devotees of Lord Vishnu summarizes the

essence and purpose of Dharma as: ―May there is peace in the

whole world. May the wicked become peaceful and gentle. Let

all people pray with their hearts for peace and mutual

wellbeing. May our minds resort only to that which is auspicious

and good. May our thoughts be fixed at Lord Vishnu without any

selfish motive.‖

So accordingly it can be said that a Dharma is only a true Dharma, if:

It shows us a path to bring peace in the world

It transforms the heart of those who want to harm and impels them to promote peace and not disturbance.

It teaches its followers to pray for world peace and for physical, psychology and spiritual well-being of all.

It teaches a method to reach a state of consciousnesswhere our mind only follows that which is auspicious andgood for all of us, and avoids that which is harmful forothers and ourselves.

It teaches devotion to the Supreme Lord while at the same

time eradicating selfish desires from our heart.

So, it is clear from the above discussion that the purpose

of Dharma is world peace, and transformation of the hearts,

while its true essence is prayer for universal well-being,

noble thoughts and selfless devotions. So, in one word Dharma is

– Universal Love.

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DHARMA IN VEDIC SOCIETY

The Vedic society gave a great importance to the concept of Dharma.According to the Vedic

society Dharma means laws, or moral laws (what holds thingstogether). The concept of Dharma includes the concept ofpositive laws (law enacted by people) and also moral laws (lawbased on moral principles). Dharma is omnipresent in Vedicphilosophy. Dharma is ―law‖ or ―moral law‖ by acceptance- jus

receptum- which is believed to have been ordained by DivineAuthor, it is not a ―law‖ as we understand it today. Therefore,Dharma is magnum opus of Vedas, Ritis, Nitis, Smritis, Dharamshastra,Mimansas, Upanishads, Ramayana, Mahabharata, Bhagvad Gita andscholastic writings who devoutedly not only vouch for butdescribe the gigantic aspects of practical law in severalperiods of Indic (Vedic) history. Ancient Indian intellectualhistory enjoins the rudiments of Dharma that intend to serve asa comprehensive, Vedic- inspired basis for living a ―good life ina good society in a good polity.‖ Dharma is solicitous ofnoble birth origins invented by the Great Creator- God-realized in three stages of Vedic philosophy: Brahaman,Paramatma and Bhagwan- Trimurti- three manifestations alreadymentioned- Satyam, Shivam Sundaram- of one God (Ekam svadipraBahuda Vadanti) - disseminated and assimilated by the greatsages, saints and mystics through millenniums. The idea of lawfigures seldom or at the remotest margins of Indian studies as a

field of law, law and morality and law and nature19

and the reasons are not far to seek.20 Dharma from all modesty and assertion is not distinct from legal as well as moral

values.21

Dharma is impregnated with Nyaya and Yukti, viz, according to the general percepts, Dharma be

administered in accordance with Nyaya (justice) and Yukti

(natural reason, logic and equity). Therefore, Dharma is

theoretically beautiful and heuristically practical method of

societal ordering through the sanction or threat of Danda

(punishment, sanction), ruler‘s or justice,

19 The British administrators did not accord recognition to Vedic concept ofDharma Law and law and morality, because they had intended to introduce their own common law in India to advance their own interests in India. British judges in India needed access to the original legal texts of India to implement the British Policy of “administering native laws to the natives”, and so were born a “well-intentioned and well calculated misunderstanding.” See Patrick Olivelle, op.cit., p.6220 See in particular Donald R. Davis, Jr., Hinduism as a Legal Tradition, Journal of the American Academy of Religion, http:/jaar:oxforjournals.org/cgi/content/full of 17.10.200721 Journal on Indian Philosophy, volume 32 (2004), pp.421- 830; James L.Fitzgerald, The Mahabharata, volume 7, The Book of the Women, The Book ofPeace, Part 1, 2004, General Introduction, p.xvii: Anchors the translationof the Sanskrit word dharma with ‘law’, ‘rule’, ‘norm’, ‘duty’,‘obligation’, and so on.

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dispenser‘s or Nyaya Devta‟s or Dharam Devata‟s, who is not blind folded, punishing rod.

Dharmo rakhshati rakhshita: If you respect or protect Dharma (law,

duty, obligation) Dharma (law) protects you; if you disrespect

or disobey Dharma (law), Dharma (law) will not only scorn at you

but destroy you, because its rod will not spare you. Dharme

Sarvam Prathisthtam: Law is the foundation of the universe. Vasudeva

Kutuambakkam and Sarva Dharan Sambhav: the whole universe is one

family. There are many scriptures of the Vedic Society that

speak loads about Dharma and all having different aspects and

different perceptions.

VEDAS: T he Veda has been regarded as the foundation of Indian Culture and the Rishis of the

Veda have been revered throughout the ages in India as having heard the truth and revealed it and thus given perennial wisdom to guide the development of the future.

One of the most dominant ideas of Indian culture has been that of Dharma, and this has been a

consequence of the Vedic discovery of the Rita, the Right.

According to the Vedic Rishis, there is, at the summit of

consciousness, a power of action which arranges forces and

activities of the universe by an automatic harmony of

relationships, movements and results. The right law of this

automatic harmony is the Rita. The Rita itself is founded in

the truth of the Reality and of the universe, (satyam), and its

field of action is the totality which is the infinite vast

(brihat). Dharma is indeed a law or a guideline to prevent human

beings from falling into crooked ways of the ordinary and

unbridled demands of impulses, desires, ambitions and egoisms.

That is why, Indian culture enjoined upon individuals to

restrain the life of desire for enjoyment and for personal

profit under the control of the uplifting law of Dharma. Thus

we find in India, the prevalent idea that Kama and Artha,

passion and personal gain are only the first elementary

motives of life for the ordinary man and that they are not to

be ends in themselves. Kama and Artha. Are to be superseded by

Dharma. The individual is asked to grow out of passions and

impulses and his selfish and egoistic interests to reach the life

of ideal law of Dharma. There was a period in Indian history

when the insistence on Dharma and the insistence on

spiritual liberation as the higher and highest motive of life

were at its peak. Such was the period that we find described in

the Ramayana and Mahabharata. In later period, this insistence

became weakened. But it was never entirely lost. It is true that

the idea of Dharma itself became distorted and ill-conceived,

and came to be imposed rigidly upon people and upon castes with

some kind of brutality and intolerance. Thus, the inner kernel

of Dharma, its inspiring force, its subtlety and

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its flexibility—all these suffered. But there always remained a deeper idea of Dharma available

to individuals and communities who dared to revolt againstthe limiting and falsifying impositions of ill-conceived

Dharma. According to a journal22 Vedic Dharma

and Dharamshastra Dharma have a radical difference.

MA NU SM R ITI: The Dharma alluded to in the Smriti literature, is amammoth mass of

mandates demanding obeisance and observance from mankind notonly from birth to death but, to some extent, even after death,in the form of offerings and obligations to the dead on part ofhis descendants. Nobody can clarify whether the entity ofDharma is a noun or a verb, a substance or reality, forceor feeling, institution or instrumentality in the mundanemorphogenesis without which the universe can neither be born nor

sustained.23 The statement of Chanakya that the Dharma sustainsthe universe is rather the function than the definition of

Dharma.24 The Gayatri Mantra, the most popular hymn compulsory forall Brahmins to recite, is an invocation to the Deity of Sun,which is the sanctuary of Cosmic Intellect, for arousing theinspiration or curiosity for knowledge. The Gayatri hymn is aprayer to the Sun to instill knowledge into men. This desire

to know and then act, has been referred to in the Upanishads25,

in terms of desiring or wanting. Dharma can thus, be

intelligibly defined as a plan or way of life spread out in a

vast body of rules of positive law in conformity with which

life has to be lived and led.

22 Albrecht Wezler, Dharma in the Veda and the Dharamshastra23 Dr. R.G.Chaturvedi, Manusmriti- The constitution of the Vedic Society, Chapter 1: pp.9 24 Chanakya, Sutras- Dharmena, Dharyate Iokah.25 Taittiriyapanishad, 2/6: So kamayat; and Aitereyopanishad, 1/1/3: Sa eekshat

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DHARMA AND ADHARMA

Adharma26 is said to be the Sanskrit antonym of Dharma. It means something that is not in

accordance with law referring to both the human written law

and the divinely given law of nature. Adharma also refers to a

state of the universe in imbalance or in an unwell and unnatural

state. While Dharma was said to be the philosophy of

integration Adharma is said to be the philosophy of

disintegration of humanity.

The difference between Dharma and Adharma can be easilyexplained portraying the example of Rama and Ravana,respectively. The difference between Rama and Ravana. Both wereequally eminent intellectually great scholars. Ravana was agreat man. Rama was a good man. The difference betweengreatness and goodness should be understood. Ravana, out ofegoism and uncontrolled desires, misused his knowledge andbrought about his ruin. Rama used his knowledge for thebenefit of the people and made them happy. Ravana did notdigest his knowledge properly and suffered from the consequencesof indigestion. The difference between Rama and Ravana was thatof between righteousness (Dharma) and unrighteousness (Adharma).Rama and Ravana are present in each human being. When a persontakes to unrighteous courses, he becomes a Ravana. When people

pursue the path of truth and righteousness, they become Rama.27

And thus one can say that Dharma is following the path of

righteousness and doing one‘s duty in such a way that every

action results in maintaining both the cosmic order and the

personal

integrity while Adharma is acting in such a way that the cosmic

order and personal integrity are both hurt.28 There are abouttwelve Manava Satgunas (good habits) of Dharma: patience,

benevolence, firmness of body and mind, fearlessness, self-

restraint and self-discipline, courtesy, kindness, forgiveness,

love, boldness, perseverance and friendly treatment with the

people of the entire world. There are supposedly ten Manava

Durgunas (bad habits): grudge, malice, anger, greed, delusion of

mind, prejudice (pre-minded), bias, fear, hatred and empty

pride. The main issue in today‘s world is that people do not

follow the good habits but are tend to follow the26 Maharishi Mahesh Yogi on the Bhagavad-Gita, a New Translation and Commentary, Chapter 1-6. Penguin Books, 1969, p 64-66 (v 40-41), p 262-263 (v7)27 Sai Baba, SS. 4/96, p. 9328 w ww . f r ee m al a y s iatoday.co m

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wrong ones. Dharma is vanishing from the present world because it hadstarted to vanish decades

back. There was a decay of Dharma and a rise of Adharma. The

main reasons as to why Adharma was rising were:

G ree d tak e s root in the he a rt of the upper clas s : As the

semi-nomadic tribes settled down and became civilized,

kings became powerful and very wealthy. They fought wars

with their neighboring kings to enhance their wealth and

power. Brahmins made their living by performing petty

Yajnas to please gods on behalf of Kshatriya royals to

fulfill their desires and to protect them from evil. In

other words, they made their living by eating the crumbs

fallen from the tables of Kshatriyas. Now greed and

jealousy sprouted in their hearts. Driven by these twin

scourges of mind, Brahmins thought, “These Kshatriyas are

wallowing in wealth while we Brahmins are living hand-to-mouth. Why can’t

they share some of their wealth with us?” Begging for money was too

demeaning as Kshatriyas already had

low opinion of Brahmins. They must induce Kshatriyas to use

their special ritual skills in return for hefty fees.29

Y a jnas became co r rupt e d: Satisfied by the assurancestated above, the royals began to perform various elaborateand ostentatious Yajnas with the goal of enhancing their

prestige among their peers, earning for themselves avacation in heaven after death, and enjoying power, wealthand happiness in their next life here on earth. Theyperformed obscenely ostentatious Yajnas such as Ashvamedha,

Rajasooya, and Vajapeya. These grandiose desire-driven Yajnas,performed against the ordinances of scriptures, came to be known asKamya Karma (desire-fulfilling Yajna). Krishna, as theUpanishadic Guru leading the Upanishadic revolution tooverthrow Brahmanism, explains the stupidity of the royalsas “These ignorant people, who delight in the flowery words disputing

about the Vedas says that there is nothing other than this (earning

Karmaphalam by means of Kamya Karma). These desire-ridden ritualists

perform various specific sacrificial rites to gain Karmaphalam such as

pleasure and lordship here on earth and heaven hereafter.”30

Ri t ualists be c ame th i eves: Thus the Yajnas originallymeant to return the debt to the Devas for their bounty,turned into merry barbecue parties. Krishna, as theleader of Upanishadic revolution to overthrow Brahmanism,does not mince words when it comes

29 Bhagvad Gita, chapter 9:2030 Bhagvad Gita, chapter 2:42-43

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to condemning the greedy ritualists who corrupted the

ancient Dharma and said “A thief verily is he who enjoys what is given

by the Devas without returning them anything. The good that eat the

remains of the Yajna (after sacrificing the main portion of materials to the

Devas) are freed from all sins (bad Karmaphalam); but the sinful ones

who cook food only for themselves (who desire Karmaphalam for

themselves), they verily eat sin (they earn bad Karmaphalam).He who does

not follow on earth the wheel thus revolving (People-Yajna-gods-rains-food-

people), sinful of life and rejoicing in the sensual pleasures lives in vain.” As

the hero of the revolution to overthrow Brahmanism, Krishna

scolds these ritualists mercilessly as infirm in mind,

ignorant, desire-ridden and addicted to sacrificial

rites, devoid of discrimination, despicable, thieves,

sinful, vain, unwise, egoistic, dullards, men of small

intellect, men who fall or perish, hypocritical, proud and arrogant, self-conceited, stubborn and ostentatious,

insolent and egoistic; worst among men, so on and so forth.31

J e a lous Rage ( Krodh a ) ente r s the h ea rt of Ksha t r i y a s :Sometimes the royals performed these Yajnas out of jealous

rage against their rivals, thus destroying the purity ofpurpose

of Yajnas. Krishna explains the perverted mentality of

these haughty Kshatriyas: “Bound by a hundred times of hope, given

over to lust and jealous rage, they strive to secure by unjust means (Kamya

Karma) hoards of wealth for sensual enjoyment. “This today has been gained

by me; this desire I shall fulfill; this is mine, and this wealth also shall be

mine in future (life). That enemy has been slain by me, and I shall slay others

also. I am a lord, I enjoy, and I am successful, powerful and happy. I am

rich and high born. Who else is equal to me? I will sacrifice, I will give alms,

I will rejoice.” Thus deluded by ignorance (engendered by Kama and Krodha),

bewildered by many a fancy, enmeshed in the snare of delusion, addicted to

the gratification of lust, they fall into foul hell.”

Animal sa c ri f ic e s be c a m e rampan t : To top it all, driven by

greed to earn Karmaphalam, gruesome animal sacrifices

became even more rampant and important part of Vedic

sacrificial rites. Thousands of innocent horses, cows,

buffaloes, bulls, goats, and birds were slaughtered

mercilessly every year all over the land of Arya.

Occasionally even humans were sacrificed. As described in

Suttanipata: “Cows sweet as lamb, filling pails with milk, never hurting

anyone with foot or horn -the king had them seized by the horns and

31 Bhagvad Gita, chapter 3:12-13, chapters 2:41, 2:42, 3:26, 2:43, 2:44, 2:49,3:12, 3:13, 4:36, 3:16, 3:25, 3:27, 3:29, 7:23, 9:24, 16:10, 16:17, 16:18 and16:19

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slaughtered by the sword.” This is how “Kshatriyas and self-styled Brahmins and others

protected by rank destroyed the repute of their caste and fell prey to desires.”

Brahmins and Y a jnas now control the univers e : There came

a time when the greedy priests gave so much importance to

the performance of the increasingly complicated Yajnas in

violation of their original intent that they claimed

that without their performance the universe itself would

be destabilized! The performance of sacrificial rites

became more important than even the gods for whom they

were supposed to be dedicated! Besides, for every

affliction of society, there was only one cure: performance

of sacrifices; more sacrifices, and more elaborate,

expensive, vulgar and pompous sacrifices: “Thus deluded by

ignorance, bewildered by many a fancy, enmeshed in the snare of delusion,

addicted to the gratification of lust, they fall into foul hell. Self-conceited,

stubborn, filled with the pride and intoxication of wealth, they perform sacrifice

in the name of ostentation, disregarding ordinance.”

S ocie t y polari z es : As the nexus of Brahmins and

Kshatriyas developed pathological vested interest in

perpetuating the class system, there brewed much

disaffection for Brahmanism in the society. Due to their

elitism the upper classes became progressively alienated

from the rest of the society. Besides, as more people

were born from class admixture, the population of the

outcastes increased. The lower classes suffered untold

injustice in the hands of the upper classes. We can see

such injustice even in the 21st century India. To no small

extent this exclusivity led to the revolt and establishmentof egalitarian Dharma such as Buddhism and Jainism.Buddhism insisted that one must be judged by his conductand character, not his birth class. In fact, Hinduism,which was born out of this chaos, made a special effort to

be an inclusive Dharma32 devoid of class and caste, beforeBrahmanism thoroughly corrupted it.

The an c i ent Dharm a b e comes Adh a rm a : Gradually the sacredancient Vedic Dharma, known as Sanatana Dharma, which wasinvented to bring Law and Order in the chaotic society,itself degenerated into despicable Adharma. The Brahmanic

Dharma that was created to fulfill people‘s desires andprotect them from evil had now become the evil one must getrid of. Suffice it to say that by 500 B. C. E. Brahmanismwas on deathbed and north India was in turmoil. And out ofthis chaos was born India‘s freethinking spirit.

32 Bhagvad Gita, 7:21-23; 9:32

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There were revolts, rebellions and revolutions in the air. Athousand new ideas and

philosophies burst forth from the fertile soil of India‘s

intellect. There were brilliant rationalists, atheists,

agnostics, nihilists, ascetics, sophists and mendicants

all over the land. In the articles to follow, we will

review these ancient movements whose main goal was to

neutralize or overthrow Brahmanism, and discover how

Brahmanism survived all these attempts and systematically

crushed them one by one. The modern day rationalists

have a lot to learn from the genius of Brahmanism and the

mistakes of their equally brilliant opponents.33

33 Dr. Prabhakar Kamath, the decay of Dharma and the rise of Adharma(article), (30th December 2009), Dr. Kamath is a psychiatrist in the U.S. andthe authors of ‘Servants not Masters: A Guide for Consumer Activists in India’ (1987) and‘Is your Balloon about Pop?: Owner’s Manual for the Stressed Mind’ (from:ww w. ni r m ukta.com )

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DHARMA AND LAW IN THE VEDIC PERIOD

Dharma is a Sanskrit word which defies all attempts at an exact rendering in English or in any

other language. Some rendering of this word according to

dictionary meanings are ordinance, usage, duty, right, justice,

morality, virtue, religion, good works, function or

characteristic. In most cases the meaning of dharma is

religious ordinances or rites. In fact the term dharma in Hindu

jurisprudence passed through several transitions of meaning:

in its most prominent significance it stands for the

privileges, duties and obligations of man, his standard of

conduct as member of Aryan community and so on. Dharma

acquired a meaning of what is just and customary. The term

‗dharma‘ is used in this sense, in the second verse of the

first chapter of Code of Manu: Medhatithi, commenting on this

text of Manusmriti says that the expounders of the Smritis

dilate upon dharma as fivefold, e.g.,

varunadharma, asramadharma, varunasramadharma,

naimittikadharma, (such as prayardna) and gun dharma (The duty

of the crowned king, whether Kshatriya or not, to protect).

In this project, according to sources, the term dharma is used in the secular sense as to include

the varnasrama-dharma and gun dharma, i.e., the duty of the king

(state) to protect. The ancient Hindu jurists did not separate

the socio-legal aspect of human life from its ethical or

spiritual aspect. According to them a separation of law from

sociology, ethics or spirituality would render the former

incomplete and barren. In other words a viable legal code is a

representation of all the aspects, traditions, manners, and

ideas of a particular society. It is rather a compendium of

view-the-society was expected to follow in life. Therefore, the

end of dharma that the ancient law givers had in view must be

studied in the context of the attitude of the society towards

life and its various aspects. Consequently, the inclusion of

social, ethical and spiritual values in a law code is

inevitable. These values thus become inseparable part of the

study of jurisprudence. There are thinkers even today in the

west who consider these elements essential to the elucidation of

legal philosophy; McCormick‘s observation about Dworkimanism

is relevant in this context. He observes: “The key fact about

Dworkin is that he is a pre-Benthamite; the perspective of jurisprudence since

Bentham with its insistence on the separation of expository and censorial

jurisprudence, legal facts and legal values. He finds as inimical to grasping the

truth as did the Pre-Raphaelites find, that other perspective which they abandoned

in their painting. Dworkin’s stated ambition is to restate legal theory

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in such terms as reunify exposition and censorship. Legal theory in this program is not divided from but

an intimate part of moral and political theory. As important as anything else in Dworkin’s writings are the elements of ethics and politics which he finds essential to

the elucidation of laws and rights”.34

J UST I CE AS V I RTUE IN THE VE D I C S O C I E T Y - The idea to help the

weak and to bring the lower to the higher level of life lies in

the domain of both morality and law. This idea is the moral

part of man‘s nature and the instinct for justice is part of it.

The most important of virtues in Manu which an administrator of

justice must possess in humility or modesty. “Let a king, though he

may already be modest, constantly learn modesty from the Brahmans, learned in the

Vedas, because a king who is modest never perishes.” Legal justice is the

most important of virtues in the life of a social order and if

this virtue is sacrificed then the whole social order would

collapse. But where justice wounded by injustice, approaches,

and the judges do not extract the dart, they (they also) are

wounded (by the dart of injustice). Justice is the virtue which

is both individual and public because it resides in the hearts

of the individuals, i.e., depending on one‘s attitude towards

it, it is public since it can be realized only in social or

legal relations. If there is only one man in the world no action

of that man would be called just or unjust, fair or unfair. He

could not be called moral or immoral. Because morality and

justice are always manifested in the attitudes of men towards

others. In the Vedic Society, the person sitting as a judge at

the time of judgment should possess all the twelve Manava

Satgunas and should not have the six Manava Durgunas. The five

main sources of Law of the Vedic Society namely the Veda, the

Smriti, the mode of life of the learned and the conduct of the

pious and self-solace:

V E DA: The fundamental philosophy of the Veda is that the Veda is the eternal word of

the Almighty, and is not a human artifice. Being thedirect word of God, it is inviolable. Strictly conceived,

the word and God are One.35 All religions have traced theirmundane law from God. The text of Ten Commandments in theBible begins with the preamble

that “God spoke all these words.” The Quran, again, the word ofGod communicated direct to the Prophet. The earliest legalcode still known is that of Hammurabi, the king ofBabylon, about 2100 BC, is asserted by the king to be

delivered to him by Marduk.36

34 Article- Dharma: Aspects of Justice, from: w w w. a dv l e git h . b log s pot.in.c o m 35 Compare Gospel of St. John- In the beginning there was the word and the word was God. 36 Bertrand Russell: History of Western Philosophy, 1948, p.23, Allen and Unwin, London.

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SM R ITI S : In the tenth Rule of this chapter, the word Veda has been described as shruti

whereas all the Dharma Shastras have been named as theSmriti. Yajnyavalkaya has given an account of nineteen Smritis,each named after their propounders, as follows; Manu,Vishnu, Hariti, Yajnyavalkaya, Ushana(Shukra), Angira, Yama,Aptastamb, Samvarta, Katyayan, Brihaspati, Parashar, Vyas,Samkhya, Likhit, Daksha, Gautum, Shatatapa and Vasishtha.

Manusmriti37 has clarified that the Smritis, other thanthe above are alien to the Veda and are, apocrypha. Allthese Smritis have almost a common theme, and have eachbeen reckoned as a Code of Law.

SH EE L: In the masculine sense, the word ‗Sheel‘ connotes

decency, decorum or etiquette, whereas in the feminine

sense it connotes modesty. Kullook Bhatt, in his

commentary on this Rule has defined ‗Sheel‘ as Brahmanyata,

which literally means submission to the Brahmin. Harit has

classified the word ‗Sheel‘ under thirteen different heads,

namely, Brahmanyata (regard for Brahmin), Deva-Pitra Bhakti

(devotion to deities and ancestors), Saumyata

(affability), Aparoptapita (non-offensiveness), Anasuyata

(tolerance), Mriduta (harmony), Aparushya (right

language), Maitrata

(friendliness), Priyavaditva (charming words), Kritajnata(gratitude), Sharanyata (protection), Karunya (compassion)

and Prashanti (tranquility). Govind Raja38, in his

commentary, on this Rule, has included freedom from

attachment and acrimony, within the meaning of the word „Sheel.‟

COND U CT OF S AD H US: The word Sadhu means a pious person,

which is an upright man, never deflecting from duties.

This is a frank admission of precedent being a valid

source of Law. The stoics, the ascetics and other social

personalities are above par. The common normal man cannot

compete with the arduous routine of such social mentors.

This source of Law validates, certain exceptions to the

general Law with the condition that circumstances must be

similar, because the personality with whom such exception

has been associated, did it only once because of

compulsion of nature, never recommending its practice in

normal times.

MANAH TUSHTI: The compound word Manah Tushti

literally means self-contentedness, or, equilibrium of mind,

when there is no conflict within the self. It often

37 Manusmriti, Dr.R.G.Chaturvedi, 12/9538 Manu Tika- Commentary by Govind Raja on Manusmriti

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happens that certain eventualities, because of their equallybalanced preponderance,

create a state of dilemma and the doer gets into suspense

what to do. This source of Law is the last resort, and can

be relied upon when the event is such that the rest of

sources fail to redress it. This last-resort proposition,

thus, impliedly clarifies that all these

sources are one after the other, and exclusive of eachother. The word Manah Tushti indicates the human instinct

of self-satisfaction. In the Bhagvad Gita39 this instinct is

denoted as Svabhava. The Sermon on the Mount in the Holy

Bible conveys the same massage. The German philosopher,

Immanuel Kant has based his entire ethics on this simple

principle.

39 Bhagvad Gita, chapter 8/3

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DHARMA: A NATURAL LAW

Dharma and Natural Law theories as well as theorists have beenfrequently scorned by

scholastic-jurists for a mixture of methodological,psychological, sociological and philosophical reasons.There seems to be commonality in the critiques in threeareas of criticism of natural law, viz., first, the methodused to derive rules of natural law appears to make anillogical jump from questions of fact (what is) toquestions of obligation (what ought); second, natural lawtheories have frequently been employed to justify the statusquo and to validate what would seem to be unjust regimes;and third, natural law lawyers have failed to explain what

effect the difference between natural law and human law has.40

In nut shell the concept of natural law conveys “Preach each of the rules of law and/or morals

not merely by speech but by observing each”, and that is the message

of Justice from ancient case as quoted by Kalhana.41 In theultimate analysis, concepts of natural law have not only

role to play in the enacting of laws in the most moderndemocratic systems but also throw light and guide theinterpretation and enforcement of the laws enacted in orderto secure justice to the individuals concerned. Ultimately,the concepts of natural law have pre-state origin and are of

eternal value. The case of Sunil Batra v. Delhi Admn42

indicates how

natural law that commands humane treatment to those inprison, convicted or undergoing trials or under trials, was

regarded as included in Article 21.43 In the case of Air India

v. Nergesh Meerza44 natural law unequivocally prevailed and

shaped the interpretation of Article 14.45 M.C.Mehta v.

Kamalnath46 has developed the concept of “Public Trust” in

relation to Environmental Laws and Sustainability that are

close to natural law. Vishakha v. State of Rajasthan, a case

concerning sexual harrassment at working place, a multo

40 Michael Doherty, Jurisprudence: The philosophy of Law, 2005, pp.147-148; Erik Angner, Hayek and Natural Law, 2007; Charles Covell, The defense of Natural Law, 1992, p.2941 Kalhana’s Rajatarangini, translated by R.S.Pandit with a foreword by Pt. Jawaharlal Nehru 42 Sunil Batra v. Delhi Admn, AIR 1980 SC 157943 Article 21: Protection of life and personal liberty- No person shall bedeprived of his life or personal liberty except according to procedure established by law.44 Air India v. Nergesh Meerza, AIR 1981, SC 185045 Article 14: Equity before Law (The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India)46 M.C.Mehta v. Kamalnath, (1997) 1 SCC 388

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fortiorari speaks volumes about natural law or law and morality or Dharma to be humane to

the sustainability of the dignity of women. The basic Law ofGermany, too, speaks about human dignity, equality, life and

liberty, which are not distanced from natural law.47 Law in

the Vedic times considered as the “king of kings.” King is the

supreme authority. He was considered to be equal to God. But

yet the phrase “king can do no harm” did not have any

importance and Law is more powerful than any, and no one

was supposed to amend or change the laws.

CONCEPT OF S ANC T I ON (PU N I S HMENT ) : The rule of sanction is

equal upon the king and his subjects. The concept talks about

the concept of equality also or rather you can also say that

equality is an important part of Vedic Society. Everyone is

equal in the eyes of Law.

CONCEPT OF I MME D I A TE S U I T A B L E P U N I SHMENT: Punishment should be given

immediately was the belief of the people in the Vedic

Society. “Justice delayed is justice denied.” Speedy justice was the

concept included in the concept of Dharma. The crime and

punishments given were according to the offences. Severe

punishments were given for severe offences and minor

offences had minor punishments. Compensation was also given

to the victims if required. Suitable compensation must be

given to the victims and suitable award or reward for the

person who works for Dharma. Dharma says that „personal rights‟

are all ‗inevitable rights‟. Without the individual rights

there will be no individual prosperity, happiness, respect

and development. But the limitation here is that your

personal rights should not affect the personal rights of

others and if this happens you will be prosecuted for

performing Adharma.

CONCEPT OF DHARMA AND D EMOC R ACY: Democracy called

„Janatantra‟ is a system of governance under which the

greatest, noblest, fittest, finest and the most competent

person are elected or selected by the people to rule over

the state .Even in the Vedic period also there was the

concept of electing the king by the people.

47 Article 1: Basic Right to protection of human dignity, Article 2: Right to liberty, Article 3: Equality before the Law of the Basic Law of Germany

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CONCEPT OF S EPA R A T I ON OF P O W E R : Entire duty of the government is divided into

legislature, executive and judiciary. Even in Vedic period

also there was a judiciary power division. There were two

organs- Sabha (national assembly responsible for the election

of king) and Samiti (transacted political and non-political

activities and performed the judicial function consisted a

body of elders) whose functions are mentioned in Rig-Veda. They

were the most powerful organs of the state. The king was

used to attend both the Sabha and Samiti. King has no power

to take sole decisions but he can only do so after the advice

and decision of the Sabha and Samiti and that to on a

majority basis. Chanakya gave four techniques used by the

king to rule their kingdoms: Sama (concealiation); Dana

(concession); Bhedha (dissention) and Danda (force). War as

suggested by Chanakya should be the last resort to make the

people accept his decision or resort to diplomacy.

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STATUS OF WOMEN IN THE VEDIC PERIOD

The society of the Vedic Aryans is known to us through a mass ofliterature called Vedas.

The other sources to know about them, their culture, their

religion, social structure, customs and traditions are found

in the Sanskrit literature, such as Sutras, Epics, Classical

literature, Philosophico-theological treatise and Buddhist

and Jain canons. There are certain limitations in getting

comprehensive view of the status of women in Vedic society

as a whole from the Vedic literature. Firstly, they are

religious in nature, not a source book of history or

sociology. There are not many direct evidence of contemporary

life in the Vedic literature. Secondly, the correct and

exact date of the different Vedic text is difficult to

assign as they were composed and handed down orally and the

written form came very late in time. The gap is more than

thousand years between this transition, which has allowed

much transformation, addition and interpolation, even some

editorial clipping too. Thirdly, the Vedic literature

presents us the religion of the upper class of people -

both men and women. Mere mention of some names does not

warrant a general conclusion of availability of education to

all female children irrespective of their classes in the

Vedic society. Lastly, the subject matter of Vedic prayer has

individual reference, which can not strictly be applied to

the society as a whole. One seer may pray for sons, another

daughters and sons, while the

third only for daughters. In such a situation, conclusion withregard to the importance of any one of them may only have a

matter of personal choice, hence biased.48

STATUS I N VE D I C S O C I E T Y BEFO R E 30 0 BC: Men and women in the Vedic Society

have equal status. She has to do perfect work in terms ofhousehold and public affairs. Education was compulsory till

the age of marriage49 and presence in all religiousactivities

were mandatory. Engaging in production activities like

agriculture, war and making weapons was also allowed.

Women were economically independent till 300 BC. They

enjoyed a position of respect and stature in ancient Vedic

period. Women were epitomes of intellectual and spiritual

attainment. The Vedas have lots to say about these women

who both complemented and supplemented their male partners.

There were four female figures

48 From: w w w. r a v it i w a ri.c o m 49 15-16 years- Age for marriage for women (As per Vedic Society)

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of the ancient Vedic Society who are reminded of, today

also: Ghosha50, Lopamudra51, Sulabha Maitreyi52 and Gargi53. 54

STATUS OF W OMEN AFTER 300B C : Marriageable age of the women decreased.55 The

concept of Child Marriage crept to engulf the society. Theeducational rights of women were snatched away and deniedonly elementary education of maintaining her house, herhusband and children were given to them. She was allowed totake part in activities like: painting, art works, dance andhousehold works. She was a mere ‗charter.‘ Child Marriage isprevalent today also and cases on child marriage are:

Shantaram Tukaran Patil and Anr. Vs. Dagubai Tukaram Patil and Ors56

and Gajaran Naran Bhura vs. Kanbi Kunverbai Parbat57 .

Monoga m y /Po l y g a m y : The Vedas present a society in which

monogamy was generally and normally practiced. The Rigvedic

marriage rituals does not provide for the association of

more than one wife in normal sacrifice. Yet there are

instances where polygamy is distinctly recorded. The rich,

kings and ruling section of the society were practicing

polygamy Aitereya Brahman admits that a man can have more

than one wife. The Atharveda prescribes a number of charms

to enable the wife to monopolize the love of the common

husband. The famous philosopher of Brahadaranyaka Upanishad

Yajnavalkya had two wives indicating the acceptance of polygamy

by the society.

Po l y a nd r y : One can only grudgingly admit that there are few

references of polyandry in the Vedas. In the marriage hymn

of Rig-Veda, Surya is married to Aswins. The marriage of Rudasi

with Maruts is also find place in it. There are some

passages in which the wife is

50 Ghosha: Vedic Wisdom is encapsulated in Myriad hymns and 27 women seers emerge from them. Most of them are mere abstractions except a few, one of whom is Ghosha who has a definite human form.51 Lopamudra: The Rig Veda has long conversations between the sage Agasthya andhis wife Lopamudra that testify to the great intelligence and goodness of the latter.52 Sulabha Maitreyi: The Rig Veda contains about one thousand hymns of which ten are accredited to Maitreyi, the woman seer and philosopher. She contributed towards the enhancements of her sage-husband Yajnavalkya’s personality and the flowering of his spiritual thoughts.(female rishis)53 Gargi: The Vedic prophetess and daughter of sage Vachaknu composed several hymns that questioned the origin of all existence. (female rishis)54 From: w w w. i ndic e tho s . com 55 Marriageable Age after 300 BC: 8-9 years56 Shantaram Tukaran Patil and Anr. vs. Dagubai Tukaram Patil and Ors, AIR 1987 Bom 182 57 Gajaran Naran Bhura vs. Kanbi Kunverbai Parbat, AIR 1997 Guj185

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mentioned in connection with husband in plural. It is interesting to note that later Vedic

literature do not approve polyandry though legalize the polygamy.

W idow Marri a g e : As in the case of a widower, the widows are allowed to marry again. It

may sound strange, but the funeral hymn in Vedas exhorts

widow to marry the one who holds her hand is willing to

marry. It also shows that the brother of the deceased took

charge of the widow. Atharveda too mentions of women

marrying second time. The passages do not suggest that the

women should marry only her brother-in-law.

Propriet a r y Right to th e wome n : In early times, proprietary rights were hardly recognized in

almost all civilizations. In early Vedic time, the case was

not different: they were regarded as chattel. They were given

away as gifts as none appear from several hymns, which

glorify the gifts of generous donors.lvi In the famous

gambling hymn of Rig-Veda we find the wife being staked away

by the husband. However, women have been given certain rights

over the material possession under Vedic law. They can be

classified as follows. Women‘s right to property (viz-a-viz

her husband); Stridhana and the right of inheritance.

Stridhana: It is difficult to define Stridhana. The term is

used to denote property over which women are allowed to have

their own absolute right in normal times. Hindu society has

not been willing to invest the wife with full or exclusive

ownership right over immovable property. But far as movable

property like ornaments, jewellery, costly apparel etc are

concerned; women's right to own it is recognized from a very

early date. This, in essence, is Stridhana. Stridhana has origin

in a practice of marriage by paying bride-price (Shulka).

The practice is non- Vedic, but not unknown to the Vedic

people, who held this practice in low esteem. Rig-Veda

describes the son-in-law in such cases as a Vijamata,

disreputable son-in-law. Even this custom was not Vedic; it

seems to have been making room for itself, since there was a

practice of Parinahya, whereby the bride used to receive some

wedding gifts. The term denotes these gifts, which the Vedic

text declares to be the sole property of the bride. This may

be the original Vedic practice as the superstition of using

women‘s personal property still persists in Hindu Society.

Later law-makers have taken much trouble in defining and

enacting satisfactory codes, as Vedic literature is silent

on the issue of the disposal of Stridhana.

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G e n e r al attitude towards W ome n : The best possible way to ascertain the attitude of Vedic

society towards women may to look for the instances wherewomen are overtaken by misfortune of falling intounfortunate situation. Such a situation may give us, glimpsesinto the genuineness of society's sympathy towards the weakersex. It also enables us to find out how far man is preparedto rise above the prejudices of his gender and judge thewomen by an equitable standard. Hindu society, as any othersociety, has laid down a much higher standard of sexualmorality for women than men and has framed rules which areharsh and unsympathetic to them. The Vedic thinker, however,have shown a fair amount of sympathy and considerationtowards the lapses of women from the marriage vows. They wereallowed to take part even in religious service, provided theyconfess their error. Being a fighting race and trying toestablish their foot-hold in the region, yet they regardedkilling of women a very disgraceful offence. We, thereforefind in injunction in Rig Veda that a woman ought not to bekilled. This dictum is followed in letter and spiritthroughout the history and literature in India. The women asDancers and Courtesan do not seem to have respect of thepeople as it is indicated in the Vedas. The profession ofprostitution is mentioned in the Vedas and the prostitute istermed as Sadharini (commoner). The society treated them withscant regard, even though many has acquired name and fame onaccount of their learning in literature and music, and have

cultivated and preserved fine arts and dance.58

58 From: w w w. r a v it i w a ri.c o m

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CONCLUSION

The project can be summarized by saying that the concept of Dharma in the Vedic Society

is a very a vast topic. It has many concepts and many things

that are still prevalent and some that have been banned. But

one thing that is definitely sure is that in today‘s world

Dharma is decaying while Adharma is rising if taken in

today‘s sense. Dharma is a natural law and the law and order

today has a vast difference from that. The status of woman

today has completely changed. The condition of women today

totally equal to that of a man that is very different from

what it was. The picture which is attempted here to present,

may not be exhaustive, but clear enough to give us some

ideas about the status of women and her position in the

Vedas and Vedic society. Aryans considered themselves

'cultural ones' and other un-cultured. How far this

egoistic subjective one-sided, boastful, tinted with

superiority complex, claim can be justified has been a

subject of fiercely argued, intellectual and academic

exercise. The result of such an exercise has always been

colored by the school of thought to whom one belongs. The

statues of the women, in Vedic society, are assigned only

when she attains marriageable age and establishes a home

through marriage. It is at this time, the man accept her as

the joint partner of his house-hold, in presence of his kith

and kin, invoking the witness of the super-natural through

a ceremony which is regarded as sacramental. This is

repeated for thousands of years by everyone who is married

according to Hindu marriage sacraments and imbibed in those

who belonged to that tradition, but it has seldom been

successful in providing the ideal state of joint-

partnership in the family situation in India. The theory of

joint-partnership needs to be refocused, revived and

expanded to include of women as such, not merely a wife -in order to emphasize and regain the rightful place for the

women in the manmade society.59 Dharma as law and

morals is unfathomable and full of pearls as a treasure house

of values + ethics + morals + law + action + duties +

obligations + justice and together constitutes the ‗science

of law‘; life and literature as well as the repository of

civil society that man seeks to have civility. He, who has

his own concepts of law, has the potentialities to flourish

in law, life and

59 From: w w w. s pe a kingt r e e . c o m

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wealth alike, ‘he who has potentialities to flourish in law, life and wealth has relatives, he who has wealth is a man in the world, and he who has wealth

is a learned expert.’60

60 James L.Fitzgerald, The Mahabharata, op.cit., p.183

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BIBLIOGRAPHY

BOO K S

Aitereyopanishad

Bertrand Russell: History of Western Philosophy

Charles Covell, The defense of Natural Law

Dr. R.G.Chaturvedi, Manusmriti- The constitution of the Vedic Society

Erik Angner, Hayek and Natural Law, 2007; Charles Covell

Is your Balloon about Pop?: Owner‘s Manual for the Stressed Mind

K.L.Bhatia, Concept of Dharma (2010)

Kalhana‘s Rajatarangini, translated by R.S.Pandit with a foreword by Pt. Jawaharlal Nehru

Michael Doherty, Jurisprudence: The philosophy of Law

Monier Williams, A Sanskrit Dictionary (1899)

Oxford Dictionary of Buddhism

The Oxford Dictionary of World Religions

Taittiriyapanishad

Servants not Masters: A Guide for Consumer Activists in India‘ (1987)

J O U RNA L S

Compare Gospel of St. John- In the beginning there was the word and the word was God.

Journal on Indian Philosophy, volume 32 (2004), pp.421- 830;

James L. Fitzgerald, The Mahabharata, volume 7,

The Book of the Women, the Book of Peace, Part 1, 2004,

General Introduction, p.xvii:

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Anchors the translation of the Sanskrit word dharma with ‗law‘, ‗rule‘, ‗norm‘, ‗duty‘, ‗obligation‘, and so on.

Donald R. Davis, Jr., Hinduism as a Legal Tradition, Journalof the American Academy of Religion

Dhand, Arti (Fall2002). "The Dharma of Ethics, the Ethics of Dharma: Quizzing the Ideals of Hinduism". Journal of Religious Ethics 30 (3): 351

ARTICL E S A ND C OMMEN TA RI E S

Manu Tika- Commentary by Govind Raja on Manusmriti

Article- Dharma: Aspects of Justice

Dr. Prabhakar Kamath, the decay of Dharma and the rise of Adharma (article) (30th December 2009)

Maharishi Mahesh Yogi on the Bhagavad-Gita, a New Translation and Commentary

Albrecht Wezler, Dharma in the Veda and the Dharamshastra

Wayne, Leslie (28 September 2004). "Sikh Group Finds Calling in Homeland Security", The New York Times

Article- Dharma in the Bhagvad Gita, Hridayananda dasa Go swami

Prema Nandakumar, Exposition of Dharma in Mahabharata, The Hindu, 29th

November 2011

Preeti Mohan, What Mahabharata tells about Dharma, 6th March

Rajiv Malhotra, Founder of Infinity Foundation, Article on Religion

MI S CEL L A N E OU S

w w w. s p eak i ngtree. c o m

w w w. r a v it i war i . c o m

w w w. i ndic e th o s. co m

w w w. a d v l egit h . b l o gs p o t .i n .c o m

w w w. n i r muk t a . com

35 | P a g e

Concept of Dharma

w w w. f r eem a l a y s ia t o day.c o m

w w w. s o uth a siancha a t.bl o g s.bryn m a wr. e du.com

w w w . thef r e edict i o nar y . co m

w w w. a n s w e rs . c o m

w w w . kris h na.c o m

w w w . v e d a .w i kid o t.com

w w w . the h in d u.c o m

w w w . the a l t ernative.i n

w w w. h uffi n g t o npo s t. c om

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