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Indore Institute of Law: (Affiliated To D.A.V.V and BCI, New Delhi)

1) The concept of Dharma originated from the Vedas as the highest ideal dealing with duty, religion, and conduct, and is the Indian version of a natural law system based on duties rather than rights. 2) Dharma evolved from the Vedic concept of Rita, referring to the natural law or order, and was the standard for what is true and right. 3) Dharma is derived from ancient Hindu scriptures like the Shrutis and Smritis and is considered eternal, governing conduct for all time rather than being a religion. 4) While Dharma declined with the advent of foreign rule in India, its concepts of morality

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67 views11 pages

Indore Institute of Law: (Affiliated To D.A.V.V and BCI, New Delhi)

1) The concept of Dharma originated from the Vedas as the highest ideal dealing with duty, religion, and conduct, and is the Indian version of a natural law system based on duties rather than rights. 2) Dharma evolved from the Vedic concept of Rita, referring to the natural law or order, and was the standard for what is true and right. 3) Dharma is derived from ancient Hindu scriptures like the Shrutis and Smritis and is considered eternal, governing conduct for all time rather than being a religion. 4) While Dharma declined with the advent of foreign rule in India, its concepts of morality

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ansh
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INDORE INSTITUTE

OF LAW
(Affiliated to D.A.V.V and BCI , New Delhi)
SUBJECT – JURISPRUDENCE
Topic: The Concept of Dharma
Presented by: Gyan Prakash Kesharwani
Presented to: Asst. Prof. Mr. Ravi Rai
INTRODUCTION
• Highest ideal of Human – deals with duty, religion and conduct.
• “Something which sustains or uphold”
• Indian version of Natural law
• Contradiction of General opinion – doesn’t support any religion.
• Duty based legal System – Direct Contrast to present legal system.
• Relation btwn. Dharma and present legal System.
MEANING
• Derived from vedic concept of Rita – the straight line.
• Rita refers to law of nature.
• Something is Rita – Thing is true, right and nothing more.
• Dharma evolved side by side and took over Rita.
• Madhavacharya in Mahabharat – which helps in upliftment of
living being.
ORIGIN
• Originated from Vedas.
• Shruti – narration of what is heard from ancient priest.
• Smriti – Interpretation of vedas
• 4 Smritikars – Manu, Yagnavalkya, Brihaspati, Narada
• 18 Puranas
• Everyone becomes god by good deeds and bad by bad deeds – everyone reaps what
he sows – Idea which make adhere to Dharma.
FUNCTIONING
• Dharma is Sanatana – eternal values
• It is from time immemorial.
• Different from Religion
• King was governed by Dharma
• Right to revolt against unjust, arbitrary and unrighteous king.’
DECLINE OF DHARMA
• Advent of Muslim Rule – followed by British.
• During Muslim Rule – Koranic Teaching, Many practises remained
untouched.
• British – Ignorance of Indian laws, Imported western law.
• Civil Rights taken away – Indian treated ruthlessly.
• Fought back.
POST – INDEPENDENCE ERA
• Constitution – Dharma started Codifying to yeild realistic approach.
• Principle of Natural Law in Constitution – Fundamental Rights.
• Current legal system – Right based.
• Rights aren’t absolute – Ample evidence of misuse of power.
• Further made absolute – doctrine of basic structure – Again relative.
• Article 21 – Every aspect of human life.
EVOLVIG CONCEPT
• Concept used in many cases.
• A.S. Narayan V. State of AP – What is Dharma/Is it distinct from religion
• Ministry of Information & Broadcasting V. Cricket Association of Bengal –
Dharma regulates today as morality
• Interpreted Art. 25 & 26 wrt Dharma.
• Dharma is secular.
A Comparision
• Dharma signifies regularity of order and also includes religion, duty –
Present Law is based on reasons.
• Dharma is duty based – Present Law is more based on rights
• Dharma includes morals, ethics and righteous conduct – Present system
doesn’t recognise.
• Dharma pre-supposes super-natural – Law on reasonableness.
• Concept of welfare state have roots in Dharma
CONCLUSION
• Dharma and Law – Seen in Contrast – Ideology Same.
• Law is a part of Dharma without disharmony.
• Dharma is taken as religious but its not so – approved by Supreme Court.
• Dharma is one of the major source of modern law.
• Dharma and Law – related and inter woven
THANK YOU

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