The Concept Of Dharma As The Foundation Of Hindu Jurisprudence
- IJLLR Journal
- Nov 3
- 1 min read
Krishna Sethi, B.COM. LL.B. (UILS), Chandigarh University
ABSTRACT
The core of Hindu Jurisprudence is the idea of dharma. The modern western law, which is often seen as an independent set of codified rules which are enacted by the concerned legislative bodies whereas Dharma is a much broader concept as it combines various principles of morality, duties, customs and very vast set of spiritual principles into a kind of framework which guided lives of Ancient India for many centuries. Dharma was a way of life that kept individuals, family and society in harmony with each other and with time dharma moved from early Vedic concept of ṛta (cosmic order) to detailed commentaries and digests of smritis and dharmashastras and not just simply enforceable law. The functioning of kings and the decisions of the courts were deeply influenced by Dharma only, which led to codification of Hindu Laws in Independent India.
This Research Paper studies the concept of Dharma as the foundation of Hindu Jurisprudence, both in history and in present, its role as a source of law, codified statutes and its presence in the present day legislation. This paper uses doctrinal and analytical methods which deals with classical texts, commentaries and digests, judgments as well as interpretation by modern scholars. It shows that though Dharma cannot be applied today in its raw form but it continues to affect Indian law as a reminder that the justice should not be limited to technical rules but also reflect human dignity, morality and fairness.
Keywords: Dharma; Hindu Jurisprudence; Dharmashastra; Hindu Law; Codification.
