Dharmasastra is an ancient Indian guide on ethics and law, offering principles for righteous living and societal order.
Introduction
In the intricate tapestry of Hindu political thought, the central concept of Dharma stands as a guiding principle. For the scholars of this tradition, the essence of political life is encapsulated in the symbiotic relationship between two fundamental concepts – Danda and Dharma. Governing a territorially organized community, according to these thinkers, ultimately boils down to the judicious application of danda to uphold and maintain dharma.
Table of Contents
Unraveling the Meaning
The term ‘shastra’ signifies a meticulous study of general principles and the comprehensive organization of human activity. The word Dharmasastra first appeared in Nirukta by Yaska. It encompasses a multifaceted meaning, encapsulating rules, commands, a scientific approach, and a code of laws. The overarching goals of shastra are ‘dharma’ (law), ‘artha’ (wealth), and ‘kama’ (passion). Within this framework, Dharmasastra emerges, delving into the intricate fabric of dharma, presenting a systematic treatise on the general principles and detailed guidelines for righteous conduct. Characterized by a deductive nature, these treatises form the intellectual backbone of Hindu political philosophy.
Dharma: The Glue of Society
The etymological roots of the term ‘dharma’ trace back to the Sanskrit root ‘dhr,’ meaning ‘to hold.’ Dharma, then, is that binding force that keeps a society together. This concept finds resonance in the Rigveda’s assertion, “Prithvim Dharmam Dhritam” – emphasizing that Dharma is the essential force sustaining the Earth. Conversely, the absence of Dharma, known as Adharma, is prophesied to lead to Pralaya or destruction. Manusmriti, an influential work in the Smriti tradition, occupies a pivotal position as one of the earliest and most impactful texts expounding the principles of Dharma. Manusmriti is the first Sanskrit text compiled into 12 Chapters written between 200 BC – 200 AD. Later Manusmriti was translated into english by Sir William Jones in 1794.
The Wellspring of Dharma
The source of Dharma is identified as ‘Rta’ (Riti), a cosmic or natural law bestowed by Brahma. While Rta governs the universe, Dharma takes charge of human society. Shrutis, the Vedas, serve as the foundational texts for this understanding. These revealed texts, based on divine or cosmic sounds, form the scriptural backbone of Hinduism. On the practical application front, the Smritis, particularly Dharmasastras, are compilations by sages providing insights into the application of Dharma. Four sages include Manusmriti, Yajnavalka Smriti (Most Homogenous), Naradsmriti (Judicial Matters) and Vishnusmriti (Bhakti Tradition). Notably, these are written in ‘Laukik Sanskrit,’ representing the linguistic aspect of their practicality.
Manusmriti’s Perspectives on Dharma
Within Manusmriti, the exploration of Dharma unfolds through various interconnected concepts:
Purusharthas: These represent the four goals of life – Dharma (righteousness), Artha (material wealth), Kama (desire or passion), and Moksha (liberation). They advocate for a balanced life that seamlessly integrates both material and spiritual pursuits.
Ashramas: Denoting distinct stages of life, each ashrama comes with specific goals. The four ashramas are Brahmacharya (student life), Grihasta (householder life), Vanaprashta (retirement), and Sanyasa (renunciation). Each stage carries a set of duties and responsibilities.
Varnas: The Varna system categorizes society into four varnas – Brahmins (priests and scholars), Kshatriyas (warriors and rulers), Vaishyas (merchants and farmers), and Shudras (laborers and service providers). Dharmasastras assert that each Varna must adhere to its prescribed dharma, and it becomes the duty of the king to ensure the enforcement of these principles using the metaphorical ‘rod of Danda.’
Sanskars: In Hinduism, the concept of sanskar encompasses a series of rituals or sacraments that signify and guide through the various stages or ashrams of human life. These rituals play a crucial role in attaining spiritual well-being and, ultimately, moksha.
The 16 rituals or Sanskaras in Hinduism include:
- Garbhadhan (Conception)
- Punsavana (Fetus Protection)
- Simantonayana (Satisfying the wishes of the pregnant woman)
- Jatakarma (Birth rituals)
- Namkaran (Name-giving)
- Nishkramana (Taking the child outdoors)
- Annaprashana (Giving the child solid food)
- Mundan (Hair cutting)
- Karnavedh (Ear piercing)
- Upanayana or Yagyopaveet (Sacred thread)
- Vedarambh (Study of Vedas)
- Samavartana (Completing education)
- Vivaha (Marriage)
- Vanaprastha (Preparing for Renouncing)
- Sanyasa
- Antyeshthi (Last Rite)
Delving into the intricacies of Dharmasastra unravels a rich tapestry of political thought, where the interwoven threads of danda and dharma intricately craft the fabric of governance. Understanding Dharma becomes not just a societal necessity but a worldview that encapsulates the very essence of harmonious existence.
Origin of State: A Quasi-Contractual Tapestry
Delving into the roots of the state, Dharmasastra presents a unique quasi-contractual origin, depicting the state as a covenant between humanity and the divine. In Chapter 7 of the Manusmriti, a profound ‘Theory of State’ is outlined. According to this theory, a stateless condition, termed as Arajakta (Anarchy), prevailed where the principle of Matsyayana, signifying ‘Might is Right,’ governed – akin to a scenario where the big fish devours the small.
In this state of chaos, the populace beseeched the divine for a remedy. The result was the creation of the first king, Manu, who not only ascended the throne but also assumed the role of the primary law-giver. The essence of this arrangement is articulated as a contract between humanity and the divine, where adherence to Dharma becomes the linchpin for maintaining order in society.
Nature of the State: A Welfare Paradigm
The envisioned state was not merely a political entity; it was conceived as a welfare state. Its responsibilities extended beyond governance to encompass the care of the poor, destitute, orphans, and the weak. Furthermore, the state was entrusted with the patronage of art and culture, emphasizing a holistic approach to societal well-being.
Institution of the King: A Divine Personal
The king, in this context, assumes a divine persona. Unlike the absolute authority accorded by the ‘Divine Rights Theory’ prevalent in medieval Europe, the Dharmasastra posits a nuanced perspective. While the king is considered a divine personality, devoid of absolute rights, he is bound by the principles of ‘Dharma’ and compelled to follow the ‘Kshatriya Dharma’ and ‘Rajadharma.’
Rajadharma, in Indian philosophy, aligns the truth (Dharma) with the king’s role as the defender and upholder of truth. According to Rajadharma, 8 gods have given a part of their personality to the king. The king’s rule is characterized by a disciplined adherence to Dharma, where the principles of ‘Danda’ (punishment) and ‘Dharma’ are intertwined. The king becomes the model of discipline for his subjects, with Rajadharma forming the bedrock of all societal order.
The duties of the king, outlined in Dharmasastra, are extensive and aligned with the principles of Varna Dharma and Kshatriya Dharma. This includes not only the pursuit of knowledge of Vedas and respect for Brahmins but also the construction of public utilities. The king is tasked with ensuring the citizens’ well-being, both material and spiritual, through the concept of ‘yogkshem.’
Administratively, the king is obligated to mete out punishments in accordance with the shastras, and notably, there is no concept of equality before the law as the punishment varies based on Varna. The taxation system is intricately linked to the fertility of the land, introducing a principle of direct proportionality classified as 1/6th tax for fertile land, 1/8th tax for less fertile land and 1/10th for least fertile land.
However, Dharmasastra exhibits a patriarchal perspective, relegating women to an inferior status. Women are placed under perpetual guardianship, and Chapter 8 of Manusmriti delineates the ideal role prescribed for women in this societal framework.
Important Facts
- B.R Ambedkar burnt Manusmriti during Mahad Satyagraha on 25 December, 1927.
- Admirer of Manusmriti consists of Swami Dayanand Saraswati, Annie Besant and Fredrich Nietzsche.
- The Law Code of Manu (2004) and Dharmasutras (1999) is written by Patrick Olivelie
Conclusion: Dharma as a Guiding Code
In conclusion, Dharma is not confined to a creed or a religious doctrine; rather, it emerges as a dynamic mode of life and a code of conduct. It regulates an individual’s actions as a societal member and aims at fostering gradual human development, guiding individuals toward the pinnacle of human existence. Dharmasastra, in its intricate tapestry, thus serves not just as a legal or political framework but as a comprehensive guide for harmonious living in society.
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