Importance of Dharma Sashtra on Legislation

Importance of Dharma Sashtra on Legislation

Introduction

Legislation is a modern source of Hindu Law. It has been an important factor in the development of Hindu Law. Most of them are in the direction of reforming Hindu Law. In different parts of the country there were different rules and practices. It was difficult to find fixed principles of law on several Areas.

Sources of Hindu Law

Legislation

Many important acts have been passed which have effect of changing the religious nature of Hindu Law at several instances. Legislation has become at present potential source of law in India.

Important Legislations which have modified altered and supplemented the textual Hindu law are as follows.

1.      The Hindu Inheritance Act, 1928

2.      Child Marriage restraint Act, 1929

3.      The Hindu gains of learning Act, 1930

4.      The Hindu marriage Act, 1955

5.      The Hindu Succession Act, 1956

6.      The Hindu adoption and Maintanance Act, 1956

7.      Hindu minority and guardianship Act, 1956

8.      Hindu widow’s re-marriage act, 1856

9.      The Special marriage Act, 1872

10.   The Indian Majority Act, 1875

Reformation of Hindu Law

Thus Hindu law was reformed and modified to some extent. But these reforms were half hearted and piecemeal (Slow / bit by bit).  Piecemeal reforms have their own drawbacks. One result of these piecemeal reforms that, through reforms were introduced to change some aspects of Hindu law, their implication on other aspects was overlooked.

The Hindu women’s right to property act, 1937 was passed with a view to granting property rights to women but it joint on the law of joint family was overlooked. The result was that these piecemeal reforms solved some problem but created others.

(Ref: IGN Mam Notes, Page – 20)

Dharma

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”

(Ref: R.K.Agarwala, Page- 4, 6)

(Ref: R.K.Agarwala, Page-3)

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).

(Ref: R.K.Agarwala, Page-4)

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.

(Ref: Usha Jaganath Law Series, Page – 7B)

Some Code of Conduct intended by Dharma sasthra are

·         Never tell untruth

·         Never Hurt anyone

·         Perform only such act which are not forbidden

·         Truth

·         Follow Dharma

·         Treat your Mother and Father as God

Never tell untruth

Shastras give provision for punishing Plaintiff, defendant, witness for false Evidence

Legislation has reformed the provision and framed “Indian Evidence Act, 1872“

Never Hurt anyone

Act causing injury to human being, Animals, as offences and penalties are prescribed as “Never Hurt anyone”

Legislation have reformed and modified it as Uniform Criminal code as “Indian Penal Code, 1860”

Perform only such act which are not forbidden

If smritis declares that a conduct ensured by dharma alone gives a cause of action before the court and law on contract provide that contrary to dharma.

Legislation have reformed and modified it as “Indian Contract Act,1872”

(Ref: Class work Note –08/Sep/2013, Friday)

Conclusion

Legislation is the latest and vital source of modern Hindu Law. These Legislations have not only brought in profound changes in ancient Hindu Law but also have made the law certain and definite by various Acts, Rules and Regulations.