Concept of Dharma

Concept of Dharma

Introduction

Hinduism is recognized as the most ancient religion. It is different from most others because it was not atarted by any single Individual, seer or prophet, and its origins cannot be traced to a particular period of human history.

Hinduism is not a single religious faith system because it does not insist on any fixed set of doctorines. Dharma is law of nature, which were purely of secular nature.

Dharma

The word Dharma is derived from the root ‘dhri’ (to hold, support or maintain) and it means Law or Duty, or the essential quality of persons or things.

By the Term Dharma is understood as the rules which govern the whole mankind.

The word Dharma generally includes all kind of rules, religious, moral, legal, physical, metaphysical or scientific in the same way as law does, in the widest sense.

Dharma has been defined as ”what is followed by those, learned in the Vedas and what is approved by the conscience of the virtuous who are exempt from hatred and inordinate affections”

Concept of Dharma

 Dharma is a Conceptual term. Anything that helps human beings to reach god is Dharma and anything that hinders human beings from reaching god is Adharma. Hindus consider Dharma the very foundation of Life.

 

According to Dharmashastra, Four Goals of Human Life are

1.      Artha

2.      Dharma

3.      Kama

4.      Moksha

Artha & Kama are concerned with this world.

Dharma & Moksha are concerned with next world

Prior to attainment of moksha, a man has to undergo three other stages of Human Life.

Dharma stands foremost. A life in accordance with Dharma leads to happiness and pleasure in this Life also.

Varna Dharma (There are Four Castes)

1.      Bhramin

2.      Kshatriya

3.      Vaishya

4.      Sudra

Brahmins

-          Japa – Tapa, making of Sacrifices were termed as Brahmins

-          They are regarded as superior to other Classes

Acc to Shanti Parva of Mahabharat, in times of Adversity and Distress, the Brahmin may

-          follow the occupation of Kshatriyas and Vaishyas

-          If he is not capable to perform duties of Kshatriyas there are certain Reservations in this rule

-          When following the Occupation of Vaishyas, a Brahmin should not sell Wines, Salt, Sesame Seeds, bulls, Honey, Meat and Cooked food under any circumstances.

Kshatriyas

-          Group of people who engaged themselves into protection of People, study, War etc.

-          They are considered inferior to Brahmins, because they have lesser power of self Control

-          They Constituted the Class of Warriors

Vaishyas

-          Group of persons who engaged themselves in the occupation of trade and Commerce

-          Their main work is Trade & Business

Sudras

-          Their only duty was to serve people belonging to other three castes

Ashrama – Dharma (or Shastric Concept)

Acc to Shastric Concept of Hindu Life, Average life of Human being was of 100 years to be divided into 4 stages

-          Brahmacharya

-          Grihastha

-          Vanaprasatha

-          Sanyas Ashram

Brahmacharya

During this period

-          An individual is expected to gain Knowledge under the guidance and control of Guru

-          After learning Vedas and other Science and having blessed by his preceptor (Guru) his Brahmacharya Ashram comes to end.

After the completion of 25^th year, he enters the second stage of Life

Grihastha

During this period

-          An individual is expected to marry and experience the pleasures of Life.

-          As per Purushartha Theory Artha & Karma were to be acquired in this Ashram

-          Artha means acquisition of Wealth & Prosperity.

-          Karma means enjoyment & Pleasures, including Sexual enjoyment

Vanaprasatha

During this period

-          The Husband & Wife left the worldly life, detach themselves from the family and devote their time in Work ship or Upasana.

-          This is the beginning of Ultimate goal of Human Life

-          An individual at this stage should try to get rid of the illusions (Maya) of the physical world and realize the Truth.

Sanyas Ashram

During this period

-          One has to give up everything which is worldly

-          It is a life of complete renunciation

-          One has to concentrate on worship, meditation, which are the paths of realization of God or self

 

Great Dharmashastra writers of ancient time have divided their whole work under 3 heads:

1.      Achara

2.      Vyavahara

3.      Pravaschitta

Achara deals with the Karmas of the individual

Vyavahara means the Civil Law

Prayaschitta is the process of purification which enables a wrong doer to purify himself from all the sins (pap) by performing penance (self punishment / Apology).

Later Dharmashastras realized the importance of Vyavahara as an independent entity, classified it separately and adequate emphasis was laid on the sanctity

All men are required to observe Vyavahara in Letter and spirit. In case of non-observance, the king had to take cognizance (action of taking jurisdiction) and bring the offenders to book.

Manu laid down 18 titles of litigation to cover up all types of cases in King’s Court.

Vyavahara became distinct from religious or moral laws and fully developed concept of Positive Law came before us.

Vyavahara is an important concept of Hindu law denoting legal procedure.

The term is analyzed by Katyayana as follows:

"Vi" means various

"ava" means doubt

"hara" is removal

legal procedure is called by the term vyavahara because "it removes various doubts".

Qualities of Dharma

Dharma is law of nature, which were purely of secular nature. Dharmic laws govern not only the individual but all in society. The purpose of dharma is not only a union of the soul with the supreme reality, it also suggests a code of conduct intended to give both worldly joys and supreme happiness.

Dharmic aspects of life (acc to Bhagavat purana)

1.	Tapa	Austerity
2.	Shauchi	Purity
3.	Daya	Compassion
4.	satya	Truthfulness

Adharmic or unrighteous Life (acc to Bhagavat purana)

1.	Ahankar	Pride
2.	Sang	Contact
3.	Madya	Intoxication

Manusmriti

According to Manusmriti written by the ancient sage Manu, there are 18 rules of the observance of dharma.

The eighteen titles of law

The eighteen titles of law according to Manu are: 

1.    Non-payment of debts
2.    Deposits
3.    Sale without ownership
4.    Partnerships
5.    Delivery and non-delivery of gifts
6.    Non-payment of wages
7.    Breach of contract
8.    Cancellation of a sale or purchase
9.    Disputes between owners and herdsman
10.    The Law on boundary disputes
11.    Verbal assault
12.    Physical assault
13.    Theft
14.    Violence
15.    Sexual crimes against women
16.    Law concerning husband and wife
17.    Partition of inheritance and
18.    Gambling and betting.

Dharma in Judicial System

The Concept of Dharma was applied in the judicial system of Hindu Law. The Hindu Judicial system existed as per the Hindu theory of Dharma.

Hindu Concept of law is quite different from Austin-ian concept.  According to Austin”Law is the command of sovereign” but the sovereign himself is not immune from the jurisdiction of Dharma. Hindu Law is not King made law, it is declared to be ”King of Kings”. The King was deemed to be subordinate to Dharma. 

Three Bodies of Judicial Systems

The judicial system consisted of three Bodies

1.      Sabha
2.      Samiti
3.      Parishad

1. Sabha

The sabha was a kind of village council which was the main judicial institutions in the scheme of smritis.

2. Samiti

The samiti was a body on legislation and policy

3. Parishad

The Parishad was an assembly of Advisers.

All the smritis namely the Yagnavalkya, Narada, Brihaspati and Katyayana followed the sabha system of justice.

Administered by Courts

The law which was administered by the courts was the law as per Dharmasastras and Arthasastras

Dharmasastras superseded arthasastras in the event of conflict between the two.

Legal Proceedings

There are four parts of Hindu legal procedure:

1.      The Plaint (Pratijna - Complaint) 
2.      The Reply (Uttaram - answer of written statement) 
3.      The Trial (Kriya - Trial) 
4.      The Decision (Nirnaya - Decision)

Great Dharmashastra writers of ancient time have divided their whole work under 3 heads:

1.      Achara

2.      Vyavahara

3.      Pravaschitta

Achara deals with the Karmas of the individual

Vyavahara means the Civil Law

Prayaschitta is the process of purification which enables a wrong doer to purify himself from all the sins (pap) by performing penance (self punishment / Apology).

Kinds of Courts:

1.      Kula

2.      Sreni

3.      Puga

4.      The King’s Court

1.Kula

Which was a family Court

2.Sreni

Which was a Commercial Court

3.Puga

Which was a court of the Villagers

Puga was the court of appeal from Kula and sreni.

4.The King’s Court

The Highest Court was the King’s Court.

Territorial Jurisdiction

For the purpose of territorial jurisdiction of the Courts, the forums of Judicial administration are

1.	Sangrahana	Consisting of 10 Villages
2.	Dronamukha	Consisting of 400 Villages
3.	Sthaniya	Consisting of 800 Villages

Apex Court

The Apex court was the Kings court (King and his Judge). Thus the concept of dharma enshrined in the sastras had been effectively followed in the administration of Justice.

Conclusion:

Hinduism is a way of life and Dharma is the common bond by which several Hindu religious practices are harmoniously blended.

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Ref: http://asksts.blogspot.in/