Explain the Concept of Dharma/Law (Dharmaswarupa Nirupanam)? [1998 H.J.C.]

 

Introduction:

Dharma is a Sanskrit expression of the widest import. It is derived from the root “dhru” signifying that which sustains and upholds life. There is no corresponding word in any other language. It can only be explained. It has wide varieties of meanings. It gives the precise meaning depending upon the context in which it is used. For instance, when the word Dharma is used to indicate the giving of one’s wealth for a public purpose, it means charity; when it is referred to the giving of Dharma to a beggar, it means giving of alms.

The Hindu jurisprudence or legal system (Vyavahara Dharmasastra) is embedded in Dharma as propounded in the Vedas, Puranas, Smritis and other works on the topic. One of the most distinguishing aspect of the Concept of Dharma/Law as defined in the western jurisprudence and as defined in Hindu jurisprudence is, whereas the imperative command of the king constituted the law according to the former under the Hindu jurisprudential concept the law was a command even to the king and was held as superior to the king. This meaning is brought out by the expression - Law is the king of kings as stated in Brihadaranyakopanishat.

 

Meaning of Dharma:

 

Madhavacharya, the Minister to Hakka and Bukka, founder kings of Vijayanagar Empire in his commentary on Parashara Smriti has briefly and precisely explained the meaning of Dharma as:-

 

Dharma is that which sustains and ensures progress and welfare of all in this world and eternal bliss in the other world. The Dharma is promulgated in the form of commands.

 

Origin of Dharma:

Dharma was founded as the solution to eternal problems confronting the human race originating from natural human instincts i.e., desire to have sexual and emotional enjoyment/kama, material pleasure/artha connoting material wealth such as gold, cattle, corn, including education or knowledge necessary to earn wealth and kama influenced by the other impulses inherent in human being such as anger, passion, greed, infatuation and enmity collectively considered as six enemies of man, arishadvarga.

 

Dharma therefore laid down a code of conduct covering every aspect of human behaviour such as spiritual, moral and personal as also civil, criminal and constitutional law the observance of which was considered a must for peace and happiness of individuals and the society.

 

Basic aspect of Dharma:

While Dharma touches on wide varieties of topics, the essence of Dharma is also declared by the various works as Ahimsa (non-violence), Satya (truthfulness), Asteya (not coveting the property of others), Shoucham (purity) and Indriyanigraha (control of senses) are in brief common for all the varnas

It is for this reason all the works on Dharma declare with one voice that Dharma is that which sustains the world because Dharma regulated the mutual obligations of individual and the society. Therefore, protection of Dharma was in the interest of

both the individual and the society.   Manu warns, ‘Do not destroy Dharma, so that

you may not be destroyed.’ A ‘State of Dharma’ was required to be always maintained for peaceful co-existence and prosperity.

Every act or conduct which was in disobedience to rules of Dharma was called Adharma and was declared to be injurious to society and the individual.

 

Vyavahar Dharma and Rajadharma

Consequent on the creation of kingship and the system of legal proceedings, the positive civil and criminal law, as also the law regulating the constitution and organisation of State (Rajya), the duties and powers of kings were laid down as part of Dharma and came to be called Vyavaharadharma and Rajadharma respectively.

Therefore, though the word Dharma has such wide meaning as to cover rules covering all matters, it gives precise meaning depending upon the context in which it is used. For instance, when the word Dharma is used in the context of civil rights (civil law), it means that is is enforceable by the State; when it is used in the context of a criminal offence (in criminal law), it means breach of a duty which is punishable by the State; and, when Dharma is used in the context of duties and powers of the king, it means constitutional law (Rajadharma)

 

Varna dharma and Ashrama dharma:

Between 1000 B.C. and 800 B.C. the followers of Varna Dharma and Ashrama Dharma interpreted Vedas and developed various sakahas.

 

1)    Varna Dharma:

i)    Varna is a fundamental concept underlying the Hindu society.

ii)     It is not a social arrangement or segregation, it is a statement of how any society is arranged.

iii)     It does not say society should be classified into classes, it says what classes or kinds of people exist in any society.

 

There are 4 varnas based on the functions people perform in any society.      They

are:

i)    Brahma Varna

ii)     Kshatriya Varna

iii)     Vaisya Varna and

iv)    Sudra Varna

Based on the temperaments and functions, the Smritis outline Dharma for each of the above varnas, their duty towards their profession and their role in the society.

 

Brahma Varna:

One belonging to this varna is called a Brahmana. His function is to learn, share and preserve the eternal knowledge of the race.

 

Kshatriya Varna:

This is the martial class and forms the military, defense and administration of the society. They also learn all forms of knowledge because of which they are satwik-rajasic i.e., they are soft-rough in nature.

 

Vaisya Varna:

They are the productive class of the society and their primary functions are trading and business making the society prosperous as well. As artha is the predominant purushartha of a Vaisya, he is usually of rajasic-tamasic nature.

 

Sudra Varna:

This class of people is the service/artisan class and cover most of the occupations like engineering, agriculture, mining, metal work etc.

 

2)    Ashrama Dharma:

Ashrama dharma is fundamental the the Hindu society. It divides a man’s life into 4 stages and specified what one should do in each of the stages. The 4 stages are:

i)    Brahmacharya Dharma

ii)     Grhastha Dharma

iii)     Vanaprastha Dharma

iv)    Sanyasa Dharma

 

i)    Brahmacharya Dharma:

Upanayana/initiation should happen at 5-16 years. This is a stage of learning and celibacy. In this stage, one does academic learning. After some basic education, he would move to some specialized field of interest. Upon completion of study, one should take up grhastha ashrama i.e., family life.

 

ii)     Grhastha Ashrama:

This stage is the center stage wherein a person contributes most to the society. This is a stage of fulfillment. One should perform 5 sacrifices every day to please gods, rishis, departed fathers, fellow men and other living creatures. In this stage, one is prescribed 8 eight activities a day which can be classified into worshiping and pursuing profession/occupation.

 

iii)     Vanaprastha Dharma:

In this stage, one gives his property to his heirs/donates it, goes into seclusin and odes penance and becomes inward looking while still contributing his experience through advising and teaching.

 

iv)    Sanyasa Dharma:

In this stage, one renounces the world and detaches from his social and family relations. One in this stage should not earn or have any material possession of his own and also gives up social and relation attachments.

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