LEGAL HISTORY I - PROJECT

MONSOON SEMESTER 2015

Shaishir Divatia
Candidate Number 214077 17-08-2015
Shaishir Divatia Candidate Number - 214077

DHARMA
Introduction

"When the nations of the earth were sent forth one after another, a special word was given by
God to each, the word which each was to say to the world. As we glance over the history of the
nations, we can hear resounding from the collective mouth of the people of this world, the
contribution of that nation to the ideal and perfect humanity. To India, the eldest born of His
children, He gave the word Dharma. That is the word of India to the world.1

Thus read Annie Beasants oft quoted lines from her famous address on Dharma at the
Theosophical Society in 1898. Despite this simplistic and idealistic portrayal, Dharma is an
extremely extensive concept, which has often suffered from a lack of clarity and understanding.
The concept of Dharma as we know it, has been propounded in the various Hindu texts such
as the Vedas, Puranas, and the Smritis. This essays seeks to attempt to define Dharma and
explore its intrinsic features and branches. Following which, the essay will illustrate Dharma
and its relevance to Hindu law, as well as its role in the modern This article will try to define
Dharma and then elaborate on its various features and aspects, also talking about the relevance
of Dharma in Hindu law, before finally concluding with instances of Dharma in modern Indian
politics.

Definition Of Dharma

The existence of a single all-encompassing definition of Dharma has been made impossible
due the fact that the term appeared in various different texts and contexts, with a range of
myriad interpretations and implications, from the 6th Century BC all the way till the 18th

1
J.P Suda, Dharma : its Nature and Role in Ancient India, The Indian Journal of Political Science, Vol. 31, No.
4 (OctoberDecember 1970) <http://www.jstor.org/stable/41854399 > accessed 17 August 2015.

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Shaishir Divatia Candidate Number - 214077

Century AD. 2 Defining Dharma is made even more difficult as it is a word with the widest
import, and thus cannot be literally translated into any other language, especially Western
ones. Therefore, Dharma is often mistakenly equated to religion by Western thinkers.
However, Dharma is an all-encompassing concept, and refers to an individual and public
philosophy, a way of life, the rights and duties of individual and state, etc. and to limit its
definition to religion would be to do it a great injustice.

Etymologically speaking, Dharma is derived from the Sanskrit term dhri which means to
uphold. Thus, one simplified interpretation of Dharma can be a concept which is created to
uphold the order of things in the universe. Individual and larger communities, such as
people, households, towns, and nations are essential to uphold order in the universe. Dharma
is pre-determined and unique to all. For example, the dharma of a farmer would be to grow
and harvest crops, while the Dharma of a ruler would be to ensure justice, order, peace and
happiness in his state. It is for this reason Dharma was called the law of life and
development3. Thus Dharma is interpreted by people as the path of righteousness and good
one must follow, in order maintain order in the universe.

It is claimed that the word Dharma first originated in the Rigveda.4 It has since, found
repeated mentions in classical Hindu texts, for it is a concept of great importance in Hindu
philosophy. It is a concept so essential and fundamental to the Hindu way of thought, that
there exists one entire episode, or parva, dedicated to the exploration of Dharma in the
Mahabharata. The Shantiparva, as it is known, depicts the conversation between Bhishma
and Yudhishthra (who is bestowed the title of Dharmaraj), where the former explains to the
latter the importance of Dharma and Rajdharma (the ideal conduct of rulers to attain the
highest good for the state), the rulers duty as the protector of Dharma in a state. The concept
of Dharma is also explored at great length in another Indian epic The Ramayana. The epic
contains repeated mentions of Dharma, which greatly influence the lives and decisions of its
characters, even at great personal costs. Dharma influences most of all the lives of the central

2
Patrick Olivelle (eds), Dharma: Studies in its Semantic, Cultural and Religious History (Motilal Banarsidass
Publishers, Delhi, 2004)
3
Ashutosh Dayal Mathur, Medieval Hindu Law (Oxford University Press, 2007) xviii.
4
Paul Horsch , From Creation Myth to World Law: the Early History of Dharma, Journal of Indian Philosophy,
December 2004, Volume 32, Issue 5-6, pp 423-448

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Shaishir Divatia Candidate Number - 214077

characters that of Rama, Sita and Lakshmana in the epic.5 At every juncture in the epic, the
Ramayana addresses larger ethical and moral conflicts, while also espousing the means of
staying true to ones Dharma, through symbolic struggles and situations. Thus, the
Ramayana explores the concept of Dharma through its debates over ideas of right versus
wrong, good versus evil, and justice versus injustice by its characters. It is for this very
reason that, the good, morally upright, law abiding king in Hindu Epics is commonly referred
to as Dharmaraja.

Branches Of Dharma

There exist three sub-branches of the concept of Dharma, namely Achara, Vyavahara, and
Prayaschitta. There came about the existence of such a sub-division, as it was found that the
fear of divine intervention or punishment no longer motivated individuals to follow the path
of Dharma. Therefore, to ensure that Dharma was upheld and that society did not descend
into chaos, the classical texts laid down the responsibility upon the king to enforce the
covenants of the Dharma and also granted upon him the power to impose punishments on
those failed to follow their Dharma. Therefore, dharma has been divided into three branches,
which are a) achara - the right conduct, b) vyavahara that indicates the method of legal
settlement of disputes, and c) prayaschitta which implies compensation and punishment.

Achara alludes to the general code of conduct to be followed by the individuals in a society.
It is thus the overarching authority on the legality or illegality of all actions. It is apropos to
note that only when a general fall in the standard of conduct was observed that judicial
intercession and a system of state law was put into execution. Such legal concepts created in
order to settle dispute amongst individuals were called vyavaharadharma. The third branch
of Dharma existed to allow the wrongdoer a chance to clear himself of his wrongs, to redress
and amend his conduct, and in this way be reintegrated over into society. This branch is
known as prayaschitta, which literally translates into repentence.

5
Daniel H. H. Ingalls, Dharma and Moksa, Philosophy East and West, Vol. 7, No. 1/2 (Apr. - Jul., 1957), pp.
41-48

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Shaishir Divatia Candidate Number - 214077

Dharma And Modern Politics

Mahatma Gandhi adapted the classical principles of dharma to the modern context, and used
them as the primary planks in his political philosophy. He created and expounded the concept
of 'sva-dharma' ("my dharma"), which became a fundamental unifier of nationalist, serving as
an essential relook at conventional Indian ideologies and ideas of dharma. Mahatma Gandhi's
'sva-dharma' was essentially based on two planks - satya (truth) and ahimsa (peacefulness).

His Satya-graha (struggle for the victory of truth) civil disobedience movement inspired the
American Civil Rights Movements in addition to revolutions in other countries, such as Poland
and South Africa.6 Similarly, Gandhi expounded the policy of Ahimsa or non-violence, also
based on principles of Dharma. Ahimsa was not solely concerned with human beings, but also
extended to the environment, and all flora and fauna contained therein, in accordance with the
idea of Dharma, which dictates that all of nature is sacred.7

Furthermore, Gandhi also expounded the Dharmic concept of Purva-Paksha, which literally
translates to reverse-gaze. He employed this concept, and in doing so, criticising past British
ideals and actions such as their way of life, their exploitative practices and creation of
hierarchies.8

Thus, Mahatma Gandhi adapted conventional Dharmic principles to the modern political
context, and implemented his ideals in practice.

Modern politicians have, on the other hand, been unable to adapt the concept of Dharma as
Gandhi did, instead exhibiting regressive tendencies in their understanding of the concept of
dharma. Dharma in the politics of the 1990s and 2000s became a point of conflict between pro-
Hindu and secular parties, being used as rationalisation for acts of horrifying violence and
terror. There have been instances of political players trying to lend a dharmic tone to their

6
Rajiv Malhotra, 'Gandhi's Dharma and the West' (The Huffington Post 2011)
<http://www.huffingtonpost.com/rajiv-malhotra/gandhi-dharma_b_859517.html> , Accessed on 16th August
2015.
7
Ibid
8
Ibid

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Shaishir Divatia Candidate Number - 214077

actions, such as the time the then Prime Minister Atal Bihari Vajpayee addressed a letter to
Narendra Modi asking him to adhere to the principle of Rajdharma by refusing to
discriminate on the basis of religion, at the time of the horrific communal riots at Godhra, in
20029, or the time Karuna Shukla defected to the Congress party, stating that the BJP had
appointed a prime ministerial candidate who violated his Rajdharma when he was chief
minister and thus was in no position to talk about Rashtradharma. 10

Conclusion

This article addressed the concept of Dharma, and while trying to understand the same, also
reiterated its all-encompassing, undefinable nature. Dharma is a concept that is integral and
indispensable to Hinduism, and Hindu philosophy, and is the main conceptual structure
upholding or sustaining order in the universe. The three branches of Dharma - Achara,
Vyavahara, and Prayaschitta, are essential to any society, and without them, the state is
likely to descend into chaos. The fundamental principles of Dharma were successfully
adapted by Mahatma Gandhi into his political philosophy to great effect. However, the use of
Dharma in contemporary politics is neither accurate, nor successful. Dharma in the modern
context has been used largely to justify extremist thought and actions, and ironically, instead
of bringing peace and order to the Indian polity, has only bred instability and terror.

9
Diptosh Majumdar, 'Atal Bihari Vajpayee's 2002 letter returns to haunt Narendra Modi' (The Times Of India
2011) <http://timesofindia.indiatimes.com/india/Atal-Bihari-Vajpayees-2002-letter-returns-to-haunt-Narendra-
Modi/articleshow/10011704.cms> , accessed on 16th August, 2015.
10
'Atal Bihari Vajpayee's niece Karuna Shukla joins Congress, slams 'dishonest' Modi' (The Times Of India
2014) <http://timesofindia.indiatimes.com/india/Atal-Bihari-Vajpayees-niece-Karuna-Shukla-joins-Congress-
slams-dishonest-Modi/articleshow/31131927.cms>, accessed on 16th August 2015.