AVIK GUPTA

B.COM L.L.B (H) SEM 3

A90821616013

DHARMA IN HINDU JURISPRUDENCE

For Hindus, dharma is the ethical order of the universe and a code of living that embodies the
essential principles of law, religion, and duty that governs all reality. The Hindu worldview
asserts that is one by following one's dharma, a person can eventually achieve liberation from
the cycle of death and rebirth (samsara). In the conventional Hindu view, a person’s duties
are dependent upon his or her age, gender, occupation, and caste; dharma is construed at least
in part in terms of prescribed rituals and caste obligations. Hindu reformers have interpreted
dharma in various ways. For example, Mohandas Gandhi contended that dharma should be
understood in more spiritual terms. He reinterpreted the position of dharma in Hindu society
by highlighting its moral precepts and portrayed it as an aspect for human freedom.

Features of Dharma

1) The first one is dharti or patience. In the spiritual sphere, if someone expects instant results
after starting the practice of Tantra, that would not be rational.

2) The second feature of dharma is kshama or forgiveness. Each and every action produces an
equal and opposite reaction provided the three relative factors remain unaffected. But
these three factors frequently vary – because of alteration from one state to another.
Suppose someone has started doing some mischief by hitting someone: this action will
definitely have an effect. When the time comes for him to take revenge, he should not
express any reaction himself. In this way he will break the stability of the chain. The point,
at which the cycle of action and reaction stops, due to one’s initiative, is called
forgiveness.

3) The third aspect of dharma is damah or control. Damana is the situation of achieving
control over internal enemies – that is, debasing propensities.
4) The fourth is asteya. Asteya literally means not to steal anything physically or mentally.

5) The fifth characteristic of dharma is shaocha and this is of two types: external and internal
cleanliness. External cleanliness refers to body, clothes and surroundings. Internal
cleanliness is that of mind.

6) The sixth feature of dharma is indriyanigraha. In Sanskrit Indra means ‘controller’,

‘headman’ or ‘patriarch’. There are ten indriyas or organs: five sensory and five motor. As
they exercise control over the physical activities, they are called ‘indra’, meaning
“dominating entity”. The subtler mind or atman is superior to these organs. The indriyas
are to be kept in check with your mental and spiritual power. This is why in dharmic life
the control of organs is considered imperative. In the spiritual sphere one will have to
exercise control over the sensory and motor organs.

7) The seventh characteristic of dharma is dhi which means ‘benevolent intellect’. If human
intellect is not channelized well it becomes destructive; it corrupts and exploits society. It
may even become a demonic force. Dhi means intellect that helps regenerate society,
which can benefit not only human beings but all beings.

8) The eighth characteristic of dharma is vidya meaning ’internal assimilation of external

objectivities’. It is of two types: vidya and avidya. Avidya is mainly concerned with
external life whereas vidya is concerned with internal life. According to Ananda Marga
philosophy, we cannot afford to ignore the external world, and thus ours is a subjective
approach through objective adjustment. Avidya means ‘modern science’. You should not
ignore modern science because while avidya helps us develop in the physical sphere,
vidya, helps one strive to attain liberation. Vidya and avidya will help human beings
achieve success in material and spiritual spheres.

9) The ninth characteristic of dharma is satyam or truth and it is to be observed in your

individual and collective lives.
10) The tenth and final characteristic is akrodha or non-anger, a very subtle propensity. You
should not be misguided or swayed by krodha or anger. Anger means to remain under the
influence of nerve cells and fibres instead of being influenced by subtler layers of mind. It
is therefore very dangerous. You may show anger to stop unholy activities of sinful people
in society. This is called “sentient anger”.

Dharma is an essential concept shared by many religions in the Indian subcontinent,

including Hinduism, Buddhism, Jainism, and Sikhism—as well as in the Indo-Iranian faith of
Zoroastrianism. In Hinduism, dharma is conceived as the moral principle that governs duty,
religion, and law. Therefore, because dharma has the prospective to affect all aspects of a
believer’s life, many British colonialists considered the Dharmasastras—the textual
compilation and analysis of dharmic ordinances—to be the civil law of Hindu peoples.
Hence, colonists believed that dharmic texts were the reason for prevailing caste practices
and ritual obligation in society. However, the significance and effectiveness of dharma is
continuously challenged and even today the claim that dharma is compatible with a strict
separation between the religious and secular realms is a matter of debate. The perseverance of
dharma in Indian society encourages spiritual practice and right conduct, but has also
supported the perseverance of the caste system. Even though the caste system was abolished
when India gained her independence from the British, it is still socially persistent. Modern
Hindu reformers argue that irrespective of its association to dharmic rules articulated in
ancient texts, the caste system is contrary in terms with democracy.