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Unit 4
Dharma
Dharma used in various
sense that is function, duty,
right rule ,conduct. it
includes law in the Widest
Sense- function of the
legal order
Concept of Dharma
The concept of Dharma
ruled the Indian civilization
from the vedic period to
the Muslim invasions
Meaning
Not easy to determine the precise meaning of the term Dharma .
Dharma means what holds things together .
Formed from the word “dhr” means hold In other word , the spirit
of integration that works all the though the entire gamut of life in
the individual in the community &the world at large .
Anything that disrupts the integrity –adharma
Dharma sustains & ensure welfare of all in this world & enternal
bliss in other world .
Dharma is generally the principle of righteousness or duty ,
principle of holiness & also the principle of unity .
Kinds of Dharma
Various kinds of Dharma :
Sanatan Dharma /Sadharan Dharma
liberates man from the clutch of lust and greed. some characteristic
of Sanatan Dharm patients ,purity ,control over sences ,truthfulness ,
modesty, forgiving nature ,uprightness kindlines etc .
Varnashrama Dharma
Though Sanatan Dharma was for all, yet each clan (verna)
had its own Dharma became evident from the Varnashrama
Dharma
according to this Dharma each Verna Brahmin, Kshatriya
,Vaishya and Shudra had its own Dharma in Varnashrama
Dharma society was organised into 4 occupational and 4
spiritual order of life .varnashrama Dharma recognise the
natural talent and abilities of each person
Varna not based on birth what on the function and
occupation. Manu for example say that a Shudra become a
Brahmin and a Brahmin become a Shudra by conduct
Interpretation
Vedic period
Women had full property right over Stridhana but if the husband
utilise the Stridhana to meet difficult times ,he was not liable to
return it
Continued ...
Yajnavalka allow popular usage to prevail when
disagreement between law codices - sacred law could be
compromised when objectionable to all the people
the king must respect law and custom of the conquered
country
clear demarcation between religion and secular law
laid emphasis on civil law he permits an interest ranging
from one and half ,two ,three or four percent be charged on
debt.
He permit higher rate of interest 10% to 20% upon person
who travels through forest and who travelled by sea
Continued ....
Yajnavalkya prescribe 4 type of punishment like gentle admonition,harsh reproof , fine
& corporal punishment .
Path of law
If crime committed for 1st time – the wrong doer’s little finger ir thumb cut off ; 2nd time –
hand or a foot cut off .
Highest punishment prescribed for thise who knowingly offered help to a thief .
Fine for false witnesses &cheat arbitrator .fine for non brahmans offenders but
banishment in case of brahmans
Banishmnet prescribed for officers accepting bribe , brahmans giving false evidence.
The rules& regulations of corporate organisation , for playing with dice & other fraud
activities .
Capital punishment- prescribed for destruction of an Embankment .
For unintentional offences , punishment – milder .
Smriti literature
Law is an instrument to maintain and promote Dharma.
Shruti and Smriti- two authoritative source of Hinduism .Shruti means
what is heard and Smriti-what is remembered. it is recollection of
experience
if there is anything in Smriti which contradicts sruti then Smriti rejected.
Smriti founded on Shruthi based on teaching of Vedas .Smriti explain
and develops dharma . It lays down the laws which regulate Hindu
National, social, family and individual obligation.
The laws for regulating hindu society from time to time are codfied in
the smritis .
Smritis have given detailed instructions according to the condition of
the time , to all classes of men regarding their duties in life .
Legal profession and legal
proceeding in ancient India
Type of court
people’s court
during early period people live in small groups
.the head of these groups or tribes delivered
justice under open Sky before all the members .
Head of village – gramini
in city - Gram Sabha play important role in
settling disputes
3 kind of people court
Kula - belonging to family or caste
Shreni- belonging to same craft or profession or
trade
Gana -belonging to people of one place assembly .
the People’s Court consists of Panchayat A Sherni could
review the decision of kula and the gana have the power
to review the decision of a sherni .these popular courts
survive for long time and even exist at the time of
commencement of British rule in India