DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

HISTORY OF DHARMA SASTRAS

SUBJECT

HISTORY

NAME OF THE FACULTY

Prof. Viswachandra Nath Madasu

Name of the Candidate

Roll No. & Semester

Viswanath.R

2015098 & Semester - I

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Acknowledgement

I would sincerely like to put forward my heartfelt appreciation to our respected

History professor, Prof. Viswachandra Nath Madasu for giving me a golden
opportunity to take up this project regarding "History of Dharma Sastras". I have
tried my best to collect information about the project in various possible ways to
depict clear picture about the given project topic.

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CONTENTS

Introduction.......................................................................... 5

Chronological table of Dharma sastras............................... 6

Manu Dharma sastra............................................................. 8

Yagnavalkya Dharma sastra................................................ 13

Naradiya Dharma sastra.......................................................14

Visnu Dharma sastra............................................................15

Brhaspati Dharma sastra.......................................................17

Katyayana Dharma sastra......................................................18

Conclusion.............................................................................19

Reference...............................................................................20

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Objectives/ Aims of the study

The objective of the study is to find out the history of dharma satras and their importance in
ancient and medieval period. How it leads to changes and impact on society.

Significant / Benefit of the study

The significant of the study is to learn how law is created from ancient times and to know their
rules and regulations based on their traditions and customs.

Historical background

Dhara sastras were created by brahamins. Based on vedas, vedanganas were interpreted by
brahmins on the basics of their needs. Vedanagas was considered as axillury science of ancient
history, due to this kalpasutras were created by six writers. Here kalpasutras were divided in to 3
sutras. Srauta sutra, Griha sutra and Dharma sutras. Dharma sutras as a part of vedanagas deals
with social rules and regulations. Based on sutras, sastras were created as a separate subject of
law, which works on social activities. Due to this Ancient Indian legal history started in 600BC

Scope of the study

The scope of the study is limited to the topic ''History of Dharma sastras''

Research methodology

This project is purely Empirical and based on primary and secondary sources

such as websites, books, articles and internet sources. The referencing style

followed in this project is HARWARD format of citation. This Research process deals

with theoretical and analyzing information that is collected. The Research is

purely descriptive in its boundaries of the topic.

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Introduction

The Dharma sastras are Hindu Law books which deals with morality and religious duty. They
provide guiding rules and principles for the order and regularity of society and righteous
conduct. They recognize the importance of karma in creating divisions and inequality in society
and order methods to social friction and moral confusion. Dharma sastras which do not imagine
an equalitarian society in which men and women both were competed for the same duties,
resources and professions, in case of caste system also they were equal.

They accept gender and caste inequality as a imperative and prescribed for each different set of
laws. They belong to an certain age when people has different views based on their certain
beliefs, traditions and customs throughout the world. Dharma is a very elaborate concept with
different meanings regarding to Hinduism. Its main aim is to protect the society by preserving 1
certain rules and regulations, values and orders in advance. according to Hinduism, one of the
important duty of god is to protect the world and begins by enforcing them to follow the Dharma.
The rules and regulations of dharma is equal to all.

However, variations occurs in Dharma sastras as they were applied in different places at
different levels based on values, norms, rules and regulations provided to each of them. Dharma
sastras does not belongs to vedas, these were exposure to the imprefections of human minds. The
dharma sastras prescribed best possible ways to solve the problems of each class of people by
following four ideals of dharma, artha, kama and moksha. Due to this they were not completely
free from the caste preferences that support a few social classes.

However, on the positive side, they created a framework to imagine ideal human conduct and
standards to differentiate what is right from wrong. They laid down expansion of rules to govern
human conduct. We knew that a few principles that are still valid in the present day world and
observe them in your daily life. Human civilization was never remain same, we make some trial
and error through which we learn our mistakes and failures and makes new amendments for the
future purpose.
1

1.http://www.hinduwebsite.com/sacredscripts/hinduism/dharma/dharma_index.asp

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All sastra writers and commentators generally restrict themselves to the duties of varn as and
ramas as practiced in Aryavarta or Bharata-varsa, though in very rare cases they provide for the
observance of the usages of even heretics.

Dharma sastras which were expanded and remodel in the verses of dharma sutras. Based on the
values, traditions and customs of the people at different places, Dharma sastras were interpreted
by six writers. Those were

1. Manu Dharma sastra

2. yagnavalkya Dharma sastra

3. Naradiya Dharma sastra

4. Visnu Dharma sastra

5. Brhaspati Dharma sastra

6. Katyayana Dharma sastra

Chronological table of Dharma sastras

600BC - 300BC

The Dharma sutras were composed by six writers2 during this period, they were

1.Apastamba

2.Gautama

3.Baudhyana

2
2. P.V.KANE, History of Dharma sastras 1941, Rama Ramuja achari, Bhandarkar Oriental Research Institute, poona, vol 2, part
1, pg.no;6

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 4.Visnu

5.Vasistha

6.Harita

200BC - 200AD

Manu Dharma sastra

100AD - 300AD

Yagnavalkya Dharma sastra

100AD - 400AD

Naradiya Dharma sastra

100AD - 300AD

Visnu Dharma sastra

300AD - 500AD

Brhaspati Dharma sastra(not yet found)

400AD - 600AD

Katyayana Dharma sastra(not yet found)

Manu Dharma Sastra

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Manu Dharma sastra was also known as Manva Dharma sastra which was compared with human
structure. Manu started his interpretations from 1000BC(Purushasukta) on words to impose the
rules and regulations for the proper functioning of society without any discrimination. Manu
dharma sastra was composed between 200BC to 200AD. Manu who was well known as the
"First law giver", created justice as a separate subject. They were seven Manu's who were high
minded and very powerful. Some of them are

Swayambhu Manu

Vridha Manu

Pracheta Manu

Misinterpretations of different Manu's created many changes. Firstly the society was compred
with human structure, but now it was compared with Brahma(The God) to prove their supremacy
which led to disturbance in society. Manu Dharma sastra was divided in to 12 chapters. Each
chapter deals with different concepts of Manu smirti. This smirti was written in very 3 simple and
in fluent style.

I. Chapter

The greatest sages approached Manu in order to make laws for each of the castes(Varna). The
duties and previliges in varna system occupies a prominent role in all smirti works. The study of
vedas, offering sacrifices and giving gifts are the duties enjoyed by Brahamana, Kastriya and
Vaisyas. Teaching Vedas, receiving gifts and giving directions to society are the duties of
Brahmana. the profession of arms and protection of the people are the privileges of Ks hatriyas;
agriculture, rearing cattle, trade and money-lending are the duties of vaisyas. Sudras were there
to serve other three castes. Manu compared creation of world with Brahma. Brahma face was
compared with origin of Brahmanas, ksatriyas with shoulders and vaisyas with tighs of the
Brahma.

3. http://www.hinduwebsite.com/sacredscripts/hinduism/dharma/dharma_index.asp

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 II. Chapter

In this chapter, he deals with Definition of law and sources of law or Dharma. The entire Veda is
the first source of the sacred law, next the tradition and the virtuous conduct of those who know
the Veda further, also the customs of holy men, and self-satisfaction. Manu dharma sastra
explains that their rules and regulations which were based on their traditions and customs, not
on religious matters. The Veda, traditions and customs of people is declared as the fourfold
means of definition of scared law.

III. Chapter

The duties of student and his responsibilities after marriage is described here. What was the
position of student, their food habits and separate classification of marriage after 4 student life.
Each varna(caste) has its separate rules and regulations. Studying the Vedas under the teacher
until the student has perfectly learnt them. After completion of studying, without breakdown of
student life or rules shall enter in to order of house holders.

IV. Chapter

What was Brahmana responsibilities about their family as a house holder, his code of conduct
and mode of life is described here. He shall live his second quarter of his life in a house, after he
wedded a wife. there are some duties or rules to be followed when he was at the stage of house
holder.

V. Chapter

The sages questioned the son of Manu about how deaths has the power to shorten the life of
Brahmanas, then he answered that negligent of veda study, deviation from rules of conduct and
through faults committed by eating forbidden food, the life has brahmana has became extinct. In
this way, he made a duties which govern cultivation and food with some rules and regulations.

VI. Chapter

4
4. . P.V.KANE, History of Dharma sastras 1941, Rama Ramuja achari, Bhandarkar Oriental Research Institute, poona, vol 2,
part 1, pg.no;6

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 Rules are made to govern forest in order to protect the climatic conditions, environment for the
purpose of their needs. they depends on the rain for their cultivation. so, they made rules and
regulations for the protection of forest.

VII. Chapter

In this chapter, the declaration of duties of king(Raja dharma), his code of conduct and how he
was created was explained briefly. The relation between king and state, his responsibility towards
state and ministers and their state functions. As a king, he should perform his duties well and
properly.

VIII. Chapter

A king, desirous of investigating law cases must enter in to the court of justice with some
brahmanas and experienced councilors. Daily deciding one after other case under eighteen heads
of law. codification of law is observed and divisions of crimes.

Eighteen heads of law

the first is the non-payment of debts,

(2) deposit and pledge,

(3) sale without ownership,

(4) concerns among partners,

(5) resumption of gifts,

(6) Non-payment of wages,

(7) non-performance of agreements,

(8) rescission of sale and purchase,

(9) disputes between the owner (of cattle) and his servants,

(10) Disputes regarding boundaries,

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(11) assault and

(12) defamation,

(13) theft,

(14) robbery and violence,

(15) adultery,

(16) Duties of man and wife,

(17) partition (of inheritance),

(18) gambling and betting

IX. Chapter

Eternal laws for a husband and wife who has to fellow their duties properly whether they are
united or separated and partition of family. Here the protection of women under evil inclinations
and importance of women in society was also described.

X. Chapter

Duties and responsibilities of all castes(varnas) and their code of conduct was explained. The
three twice born castes perform their duties properly, among them the Brahmana should teach the
Vedas. The Brahamana, the Kshatriya and the Vaisya are the twice born once. The sudras has
only one birth.

XI. Chapter

In this chapter, seven proper modes of livelihood is described. The person who wants to marry
for the sake of offspring, him who want to perform a sacrifice, a traveller, who has given away
all the property, him who begs for the teacher, his father or mother, the study of veda and a sick
man. In order to fulfill the scared law, they are considered as stanika

XII. Chapter

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The duty of karma which means way of work , the four castes(varnas) should perform their
duties properly by the self knowledge. An action which comes from mind, speech and body
gives the result of good or evil are the actions which tells the conditions of men to be sinfull. one
who violates the rights of others like abusing, thinking in one's heart are the kinds of sinful
mental actions.

From 700AD on words there was no Dharma sastras, only commentaries on Dharma sastras can
be observed.

Yajnavalkya Dharma sastra

Yajnavalkya smriti is a great extent which deals almost with Manu smriti but in some topics, it is
more explained than Manu on the grounds of position of sudra, women rights etc;. It also deals
with law of mortgages and the law of procedure and evidences.

Yajnavalkya who was belonged to Sukla yajurveda school. He was born in Mithilla city in
Northern Bihar and probably lived anywhere from few centuries before christ to 200AD.
According to Stenzler and Lassen, Yajnavalkya should have existed after Buddha, Yajnavalkya
smirti deals with number of commentaries The most popular commentaries of
Yajnavlkyasmriti is "Mitakshara" and is which was the beginning of the Brahmin law and the
so-called Hindu law. Passages from Mitakshara have been found practically in every part of the
Indian Continent and became an powerful authority. The Yajnavalkya smriti5 is concise, more
systematic and better arranged than the Manusmriti. From early times, commentators like
Viswarupa, Vijnaneswara, Apararka, Sulapani, Mitramisra etc., from every part of India selected
the Yajnavalkya smirti as the basis for their commentaries. Passages from Yajnavalkya smirti
appeared in panchatantra.

5
5. https://ramanan50.wordpress.com/2015/01/02/brahmin-sages-branches-subcastes-origin/

6. wikipedia of yajnavalkya smriti

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Yajnavalkya smirti composed between the period of Gupta 6 administration between 3rd and 5th
centuries. Yajnavalkya smriti consists of 1,101 verses. Yajnavalkya description on dharma is
divided in to three topics

i) Acara (deals with proper conduct)

ii) Vyavahara (deals with legal procedure)

iii) Prayascitta (deals with penance)

Yajnavalkya sastra gave a perfect structure to the legal proceedings, reconstructed courts which
distinguished between courts appointed by the king and committee members of the intermediate
groups. he considered this courts as a part of system of hierarchal appeals. He gave a clarification
on Moksa with increases the attention on meditation.

It was Yajnavalkya who modified the old law of inheritance. The present day law is the law of
Yajnavalkya. Yajnavalkya's authority is more supreme in India. Yajnavalkya smriti has
suggested that to make commentaries, man should be well versed about dharma sastras. He also
concentrated on Tarka sastras which delas with logic, vyakarna which deals with grammar. His
views on ancient texts became the law. The types of courts and procedures given by Yajnavalkya
are

Kula (gathering or family councils)

Sreni (corporation)

Gana (assembly)

Adhikrita(court appointed by king)

Nripa (king himself)

Naradiya Dharma sastra

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Naradiya Dharma sastra or Naradiya smriti is an ancient code of law which was composed
between 100AD to 400AD. It starts through a conservation between Narada and Sanatkumara.
Naradiya Dharam sastra deals with legal maxims of Hindu customs. Naradiya Dharma sastra
also deals with law and judicial proceedings. It deals with dispute resolutions, laws to govern,
court proceedings which deals with evidences 7. The smriti has contents which has rules for
offerings, customary laws, judicature, the conduct prescribed for kings, the duties of the four
classes, and the marriage laws, the order of heirs entitled to succession, the list of articles that
are prohibited to sell in the kingdom. In this smriti we can observe the classification of offence.
The offence were classified in to civil and criminal and punishments were also awarded.

Laws related to Naradiya Dharma sastra

The major legal issues were on breach of trust and promise, regarding debts, violence,
Miscellaneous disputes, abuse and assault and most important gambling. The punishments were
awarded severely to the guilty of violence 8 such as robbery and murder. The killing of Brahmana
was considered to be most offensive in the period of Naradiya and who is against king or his
kingdom is also considered to be more offence.

Miscellaneous contains guidelines to king and responsibility which they hold laws for traders,
companies of merchants etc., The king has a duty to answer to the god for every act done by him.
Violation of these is a crime and morally wrong.

Gambling

During this period Gambling was legalized and licensed , but false gambling was punished. It
was clear that who gambles with dice without the king's permission, shall not considered as a
part of game, may he be also fined. Bull fights, horse races, bids on cards were even permitted
and taxes were legalized on the amount that one gains.

Law of Marriage
7
7. Ibid, p.01

8. jolly Julius, Naradiya Dharmasastra (Trubner & Co 1876) 140

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 The rules for men and women are concerning marriage are well discussed in the head of
dispute. The marriage of same class should be preferred 9. Marriage between same kin and
relatives from mother or father's side is prohibited. The women can approach the king for justice
in the matter of her marriage and king's duty to responsibly solve the problem. The man who
cheats on during the wedding was given harsh punishments.

Law of inheritance

The rules for inheritance of property are concerning with the partition of heritage and are well
discussed in the head of dispute of this smriti. The distribution of property was done with regards
of the family customs and social norms only. Wide range of distribution rules were made in
regard with the problems of such cases. The courts were procedural and executed most of the
cases on Property of inheritance.

Visnu Dharma sastra

The Visnu smriti or Visnu Dharma sastra or Visnu sutra is the collection of ancient aphorisms on
the scared law of India. The size of Visnu dharma sastra and the variety of subjects treated in it
would suffice to entitle it as a conspicuous place, on one hand, the smriti is linked with a oldest
vedic school, the Kathas and on the other hand connection with Manu codes and some other law
codes. Visnu Dharma sastra is composed between 100AD to 300AD.

Visnu Dharma sastra deals with the topics like The four castes, Duties of a King, Criminal and
civil law, In heritance, about women and crimes in the period of Visnu smriti.

The Four castes

The four castes are

i) Brahmana

ii) Kshatriyas

iii) Vaisyas
9
9. Nridha parwan, 'Naradasmriti' (2011) <http://www.indianetzone.com/56/naradasmriti.htm> accessed 10/10/2015

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iv) Sudras

The first three castes are treated as twice born and sudras has only one birth. The duties of these
castes were, Brahmana to teach veda, kshatriyas to protect10 the kingdom, vaisyas for the purpose
of cattle and sudras are to serve for twice born.

Criminal and civil law

In the case of a Brahmana, no corporal punishment must be inflicted. A Brahmana must be

banished from his own country, his body having been branded. For drinking spirits, the flag of a
seller of spirituous liquor; For stealing gold, a dog's foot, For incest, the mark of a female part. If
he has committed any other capital crime, he shall be banished, taking with him all his property,
and unhurt. Likewise so many punishments were awarded for different actions which leads to
violation of aw.

Women

Brahmana may marry four wives as the direct order of the four castes. A Kshatriya, three; A
Vaisya, two; A Sudra, one only. Among these wives, if a person marries one of his own caste,
their hands shall be joined. In marriages with women of a different class, a Kshatriya wife must
hold an arrow in her hand. There are eight forms of marriage. The Brahma, Daiva, Arsha,
Pragapatya, Gandharva, Asura, Rakshasa, and Paisaka forms.

Brhaspati Dharma sastra

Brihaspati was known as the first jurist to make a clear difference between civil and criminal
justice. Yajnavalkya preffered to Brihaspati. However, Brihaspati dharma sastra was composed
between 200-400 AD. Brihaspatismriti has a lot of similarities11 with Dhammathats of Myanmar.
10
. THE INSTITUTES OF VISHNU, TRANSLATED BY JULIUS JOLLY, Sacred Books of the East, Vol.
7, Oxford, the Clarendon Press

[1880]
11
11. https://ramanan50.wordpress.com/2015/01/02/brahmin-sages-branches-subcastes-origin /

12. file:///C:/History%20project/brhaspati.pdf

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 Brhaspati smriti deals with adjective and procedural law. Important branches of law such as
rules for partnership, agency and civil wrongs, the mutual agency of an element and right of
securing laws for wrongs which are committed by a partner are mentioned. On the basis of
integrity of a judge, this smriti explains that a judge should solve cases without any consideration
of personal profit or prejudice or any kind of bias 12 and his decision should be based on laws laid
down by the texts. A judge who acts in a perfect manner achieves the spiritual merit as a man
performing an yajna.

Brhaspati also explains four stages belongs to judicial procedure; They are

i) Filing a complaint

ii) Filing a reply

iii) Trial of a suit, iv) passing the decree

Katyayana Dharma sastra

Katyayana smriti deals with not only substantive law but also adjective law. Katyayana smriti
said that land belonged to people not to the kings. The king's duty is to protect his subjects.
During the period of sutra and smriti, the hierarchy of the courts are as follows,

At the apex of the judicial hierarchy was the Royal court with experienced councilors who used
to advise the king at the point of law.

12

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We can observe that Katyayana who was major author belongs to the early period of Dharma
sastric textual production. Thus the theological development which propose the vedic origin of
Dharma sastra must have take place after Katyayana.

Katyayana makes a distinction between what is found in the veda and what is prevalent in the
world. The major use of these two questions is for the purpose of grammar, giving examples for
the vedic texts and common speech. In patanjali understanding 13 of katyayana, the topic of
laukika do not apply simple what ordinary people think, but the norms belonging to behavior are
encoded in textual of Dharma sastra injunctions.

The example which gives clarity about such injunction is found in patanjali commentary on
katyayana vartika(expression). The injunction of laukika means that, Brahamana should not be
killed, liquor should not be drunk and an older Brahamana should treat as superior.

Conclusion

Finally the History of Dharma sastras is very important for the welfare of the society which deals
with Hindu law. Dharma sastras are born from Dharma sutras which imposes rules and
regulations on the society based on their traditions and customs. Different dharma sastras deals
with different concepts which was considered as law for the people in the society. It gives a
proper way and explains the distinguish between good and evil.

13
13. www. india9.com/ i9 show/ katyayana smriti-62981.htm

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Dharma sastra imposes rules and regulations at every stage of life. Different writers gave their
own clarification about Dharma sastras based on the traditions and customs. There are three
sources of dharma such as Vedas, Tradition and Customs. Creation of Dharma sastras is very
beneficial which decreased the disputes among people.

Dharma sastra was written in simple and fluent style. It gives clarification about justice or
Nyaya. Dharma sastra are those which is a landmark that really made a Hindu law more
convincing. It is really an amazing work which makes one think about the ancient procedures in
courts and working on punishments and justice. This sastras certainly benefit which explains the
link between History and law. It works on remembering the mistakes made by the minds of
people and make them to work on the correct path.

On certain other matters, sastras were silent. On some grounds of questions, the sastras were
confusing. However, Dharma sastras are composed between 200BC to 600AD.After that we can
see only commentaries on Dharma sastras.

Reference

Books

1. HISTORY OF DHARMA SASTRA , (ANCIENT AND MEDIEVAL RELIGIOUS AND

CIVIL LAW) BY PANDURANG VAMAN KANE, M. A., LL. M.

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2. THE INSTITUTES OF VISHNU, TRANSLATED BY JULIUS JOLLY, Sacred Books of the
East, Vol. 7, Oxford, the Clarendon Press

[1880]

Websites

1. http://www.britannica.com/topic/Dharma-shastra

2.http://thedharmashastra.blogspot.in/

3. http://www.hinduwebsite.com/sacredscripts/hinduism/dharma/dharma_index.asp

4. http://www.philtar.ac.uk/encyclopedia/hindu/ascetic/dharma.html

5. https://ramanan50.wordpress.com/2015/01/02/brahmin-sages-branches-
subcastes-origin/

6.http://www.sacred-texts.com/hin/sbe33/sbe3302.htm

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