WHAT IS DHARMA?

HOW IS DHARMA
DIFFERENT FROM LAW?
A Project submitted to

Army Institute of Law, Mohali

In partial fulfillment of the requirements for the award
of degree of B.A.L.L.B

Submitted to: Submitted by:

Dr. Amrita Rathi Vidhi Goyal
Assistant Professor (Law) 2075

Punjabi University, Patiala(Punjab)

 DECLARATION

It is certified that my project work presented in this report entitled ‘What is

Dharma? How is Dharma different from Law?’embodies the results of
original research work carried out by me. All the ideas and references have been
duly acknowledged.

DATE: 28TH SEPT., 2022 NAME: Vidhi Goyal

PLACE: ARMY INSTITUTE OF LAW ROLL NO. 2075

 ACKNOWLEDGEMENT

This project consumed huge amount of work, research and dedication. Still
implementation would not have been possibleif I did not have a support of
many individuals and organizations. Therefore I would like to extend my
sincere gratitude to all of them.

Dr. Amrita Rathi, our legal history teacher for provision of her expertise, and
technical support in the implementation. Without her superior knowledge and
experience, the project would lack in quality of outcomes, and thus her support
has been essential.

I would like to express my sincere thanks towards all who devoted their time
and knowledge in the implementation of this project.

Nevertheless,I express my gratitude towards my family and colleagues for their

kind co-operstion and encouragement which help me in completion of this
project.

INDEX
 TOPIC PAGE NO.

1. Introduction 5

2. Meaning of Dharma 5-6

3. Sources of Dharma 6-8

4. Nature of Dharma 8-9

5. Decline of Dharma and Advent of 9

Positive Law
6. Post-Independence Era 9-10

7. Comparison between Dharma and 10-11

Modern Law
8. Conclusion 11-12

9. Bibliography 12

INTRODUCTION
Dharma, in concept deals with duty, religion and inseparable quality of a thing or orders i.e.,
virtuous conduct of righteous man and dharma in literal sense means ‘something which
sustains or upholds’ and is a Sanskrit noun derived from root ‘dhr’. Dharma is semantic
equivalent to the Greek word ‘ethos’. Dharma is the Indian version of Natural law, how
Indians perceived it in ancient society but the vision of them was very far-fetched.

Dharma in contradiction to general opinion does not mean religion nor supports any, but it is
a whole body of rules and believes including in itself the religious rights, rules of conduct and
duties. Dharma as said by Jaimini is, “founded on the revelation which is conducive to the
welfare of the society, ordained by the great Vedas”.

Dharma is primarily based on the Vedas and has many indices such as Shruti, Smriti and
moral laws (sadachar) and governed the lives of people in the ancient time.

Dharma was a duty based legal system that is every individual owed a duty towards other
member of the society as Duguit says “The only right which any man can possess is the right
to do his duty, his theory of Social Solidarity states that even the sovereign or the state does
not stand in any special position or privilege and its existence is justified only so long as it
fulfils its duty.”, which is in direct contrast to the present day legal system which specifies
rights rather than the duties.1

MEANING OF DHARMA

The Sanskrit term Dharma signifies the underlying order in nature and human life and
behavior considered to be in accord with that order. Ethically, it means ‘right way of living’
or ‘proper conduct’, especially in religious sense. With respect to spirituality, Dharma might
be considered ‘the way of the higher truths’. Dharma is the central concept in religions and
philosophies originating in India. Dharma may be used to refer to rules of the operation of the
mind or the universe in a metaphysical system or to rules of comportment in an ethical
system.

According to Hindu scriptures, Dharma stands for “religious rights, fixed principles of rules
of conduct and the whole body of religious duties.” The English writers in their attempt to

1
Shantanu Rathore, “Dharma and Law”, Lawctopus,(May 13,2015), available at
<https://www.lawctopus.com/academike/dharma-and-law/#:~:text=Dharma%20was%20a%20duty%20based,in
%20any%20special%20position%20or> (last visited: 25/9/22)
give a precise and accepted definition have stated that Dharma includes religious, moral,
social and legal duties and can only be defined by its contents.2

Dharma, as has been said by Justice M. Rama Joi is, “Dharma is that which sustains and
ensures progress and welfare of all in this world and eternal bliss in the other world. The
Dharma is promulgated in the form of command”.

Mahabhartha also contains a discussion on the issue of defining dharma. Dharma in words of
Madhavacharya is, “It is most difficult to define Dharma. Dharma has been explained to be
that which helps the upliftment of living beings. Therefore, that which ensures welfare (of
living beings) is surely Dharma. The learned rishis have declared that which sustains is
Dharma.”3

Manusmriti written by the ancient sage Manu prescribes ten essential rules for the observance
of Dharma: Patience (dhriti), forgiveness (kshama), piety or self-control (dama), honesty
(asteya), sanctity (shauch), control of senses (indraiya-nigrah), reason (dhi), knowledge or
learning (vidya), truthfulness (satya) and absence of anger (krodha). Manu further writes,
"Nonviolence, truth, non-coveting, purity of body and mind, control of senses are the essence
of Dharma". Therefore, dharmic laws govern not only the individual but all in society.4

THE SOURCES OF DHARMA

1. Shruti: The Vedas constitute the Shruti, which means ‘that which has been heard (from
God) by the Rishis’ and are considered of Divine origin. The principles of Dharma that
are taught in the Vedas are called the ‘Vaidika Dharma’ or ‘Shrauta Dharma’ and are
considered to be infallible (without error), universal and eternal. Certain kinds of religious
acts are prescribed only in the Vedas, such as performance of yajnas, and these are
specifically considered as Shrauta Dharma

2
Nimisha Jha, “Dharma: The Soul of Hindu Jurisprudence”, 9 The Lex Warrier: Online Journal 220 (2018)
3
Shantanu Rathore, “Dharma and Law”, Lawctopus,(May 13,2015), available at
<https://www.lawctopus.com/academike/dharma-and-law/#:~:text=Dharma%20was%20a%20duty%20based,in
%20any%20special%20position%20or> (last visited: 25/9/22)
4
Shivraj Singh, “The Legal System in Ancient India”, Legal Services India, available at
<http://www.legalservicesindia.com/article/1391/The-Legal-system-in-ancient-India.html> (last visited:
25/9/22)
2. Smriti: This word literally means ‘that which is remembered’. Smriti is considered the
wisdom of Saints and Sages who were pious, virtuous and had understood the Vedas. It is
believed that the teachings of Smritis are derived from the Vedas itself.

The main Smriti texts which teach about Dharma are the ‘Dharmashastras’. They are: Manu,
Yagnavalkaya, Brihaspati, Narada. However, many other Smriti scriptures teach about
Dharma, examples of such scriptures being the Puranas (which are eighteen in number and
contains information about the creation and dynasties of God, sages and kings and detailed
description of yugas), Mahabharata, and Ramayana and so on. Certain types of Dharma, such
as the duties of Varnas (Social classes), Jatis (Castes) and Ashramas (states of life) are
specifically taught in detail only in the Smritis, and are therefore called Smarta Dharma

3. Sadachara or Shishtachara: This means virtuous conduct or good practices of people

who know and understand the Vedas. Sometimes, when Shruti and Smriti do not offer us
any guidance on what is right and what is wrong, we have to rely on the ideals or
examples set by other pious Saints and Sages, or behavior of communities/groups known
to have very high ethical and moral standards in accordance with the teachings of Shruti
and Smriti. Such exemplars or ideals whom we should follow are called the ‘Shishtas’. 
4. Atmapriya or Atmatushti: Most scriptures allow only the first three sources of Dharma,
but some scriptures such as Manusmriti allow this fourth category called ‘Atmapriya’ that
‘that which one prefers to do’. A close English equivalent of this term would be
‘conscience’.
5. Noble Resolve: According to a Dharmashastra, a resolve that originates in a noble desire
or intent (‘samkalpa’) also constitutes Dharma even though it might not have any basis in
the first four sources of Dharma.

Hindu scriptures are very clear that this type of resolve should be guided by virtues like truth,
compassion, charity etc., and not by negatives like prejudice, hatred, and excessive
attachment and so on.

6. Long Standing Traditions of one’s family or community : This often appears to be the
easiest way to guide one’s behaviour because such traditions are handed down from one
generation to another with our own families, so that we observe them every day and
 imbibe them automatically. Hindu scriptures encourage people to follow traditional
customs of one’s family and society.5

Idea which made people adhere to the Dharma can be illustrated by one verse from
Brihadaranyaka Upnishad which is, “punyo vai punyena Karmana bhavati, Papah Papeneti”,
meaning ‘everyone becomes good by good deeds and bad by bad deeds’, in other words
‘every one reaps what he sows’ and what’s good is defined by Dharma.

NATURE OF DHARMA

The word “Dharma” according to Hindu Mythology means “duty”. Looking at the contexts
and the religious references Dharma has different meanings just like, the Buddhists believe
that the word Dharma means only a universal law which is very much essential and the Jains
and the Sikhs believe that it is only a religious path for the victory of the truth.

According to the Hindu Jurisprudence, Dharma means the duties in many ways. Just like the
sociological duties, legal duties or spiritual duties. Through this context, we can say that
Dharma can be referred to as the concept of justice.6

In contrast to different schools of jurisprudence, Hindu jurisprudence gives more

accentuation to obligations over rights. This is on the grounds that Dharma, in its different
undertones, recommends a definitive obligation of each individual. The idea of these
obligations may change from one individual to another, yet it’s anything but a focal topic. For
instance, a ruler’s Dharma is to maintain strict law, while that of a rancher is to give food, the
doctor has to cure the people, the lawyers have to fight for justice. 

Another feature of Dharma is that it greatly resembles natural law schools of jurisprudence.
This is on the grounds that antiquated Indian statute accepts that it is God who conceded
rights to individuals. Along these lines, a definitive wellspring of all friendly, lawful, political
and profound rights is heavenly nature. 

5
Vishal Agarwal, “Sources of Hindu Dharma-I”, India Facts, (Dec. 12, 2017), available at
<https://indiafacts.org/sources-hindu-dharma-1/> (last visited: 25/9/22)
6
Sangeet Kumar, “Introduction to Hindu Law in India”, Blog IP Leaders, (Feb. 24, 2020), available at
<https://blog.ipleaders.in/introduction-to-hindu-law-in-india/> (last visited: 25/9/22)
In spite of being a profoundly strict idea in nature, Dharma is multi-layered. It contains laws
and customs directing a wide scope of subjects which is essential and needed to be followed
by each and every person. For instance, messages like Manu smriti manage religion,
organization, financial matters, common and criminal laws, marriage, progression, and so
on.7

DECLINE OF DHARMA AND ADVENT OF POSITIVE LAW

With the advent of Muslim rule followed by British rule, Dharma (Hindu) started losing its
gloss and roots. During Muslim rule, the place of dharma was taken by koranic teachings,
though many practises remained, hence it remained mainly untouched. But, with the onset of
British rule, and their ignorance of the Indian laws had a devastating effect on the concept of
Dharma as they found no laws here to govern people and they started to fix the issue by either
importing western law or say natural law with the devices of equality, justice and good
conscience or imposing western laws by means of codification in fields where no law was
offered by either the Hindu’s or Muslim’s Natural law, teachings and customs. But the civil
rights and liberties enjoyed by people were taken away. Indians were treated ruthlessly and
arbitrary suppressed in every sphere of life ranging from political to social and economic.
Indians fought back for the rights and liberties that they enjoyed before under the Law of
Dharma. During his famous Champaran trial, Gandhiji remarked that he disobeyed the law
not to show disrespect to British law, ‘but in obedience to higher law of our being – the vice
of conscience’, by which he meant Dharma.8

POST-INDEPNEDENT PERIOD

The struggle for independence was the struggle for basic rights and civil liberties that one as a
basic human being should enjoy and the same was kept in mind, while making The
Constitution of India. Hindu law (Dharma) started to been codified according to the changes
in outlook and lifestyles, as it was realised that ancient way should yield to realistic approach
of life. The principles of natural law (Dharma) found its way into the constitution in the way
7
“The Concept of Dharma in Indian Jurisprudence”, Law Express, (July 7, 2021), available at
<https://thelawexpress.com/the-concept-of-dharma-in-indian-jurisprudence> (last visited: 25/9/22)
8
Ibid.
of fundamental rights. Dharma was codified. Dharma as we all know was a duty based legal
system but the current legal system became a right based one. Of course, these rights are not
absolute and they too have certain restrictions. Right to equality, freedom of movement and
most cherish able right to life are some of the fundamental rights provided.9

COMPARISON OF DHARMA AND MODERN LAW

Dharma and law are not the same. Dharma refers to a wider range of human activities than
law in the usual sense and concerns both religious and legal duties.

In ordinary sense Dharma is taken to be synonymous with religion though in fact it has a
much wider import. Religion and law are only the facets of Dharma. Thus, the term Dharma
also embodies the present notion of law. In the widest sense, Dharma suggests all-pervading
rules or order that upholds the universe. This inexorable and unalterable order makes the
universe what it is. Thus, Dharma is much broader than what law connotes and is used in
various other senses such as conduct, right, duty and functions of the legal order.

Dharma is a very wider concept and law is a small branch of it.  There is no equivalent term
for Dharma in English.  In a way, it can be said that Dharma is a distilled form of ancient
Indian literary wealth, that includes, the Vedas, the Smritis, the Puranas and the
commentaries by the sages and the learned people.  It is such a typical and complex
phenomenon that it is not amenable to any precise definition.  Whenever a concept or
phenomenon is incapable of being defined, at least one can present it by way of description. 
In case of Dharma, however, even description would be either inadequate or incomplete.  In
his treatise, Hindu Law and usage, John D. Mayne said, “According to Hindu conception,
Law, in the modern sense, was only a branch of Dharma, a word of widest import and not
easily rendered into English.”  F.D. Mulla, in “Hindu Law”, observed, “Law, as understood
by the Hindu, is a branch of Dharma”10

Manu (a Hindu Law commentator) observed, “Dharma is that which is followed by those
learned in Vedas and what is approved by conscience of the virtuous who are free from
hatred and inordinate affection.” He pointed out that Dharma is a noble feeling born from
within the heart, which has approval of virtuous people. However, he stressed that mere noble
9
Ibid.
10
Justice L. Narsimha Reddy, “Law is a branch of Dharma”, India Foundation, (Aug. 16, 2016), available at
<https://indiafoundation.in/articles-and-commentaries/law-is-a-branch-of-dharma/> (last visited: 25/9/22)
feeling is meaningless unless it is translated into action. To constitute Dharma, both noble
motive and action are required. Manu has described the fourfold indices of Dharma, i.e. 
sruti (that which is heard),  Smriti (that which is remembered),  Sadachar (good conduct)
and,  That which is pleasing to one’s conscience. The conduct according to Dharma meant
performance of duty towards others and the society in the interest of the community as a
whole. In Manu’s conception of Dharma, we find complete blending of religion, morality and
law. It may be stated that the Sadachar (good conduct) aspect of Dharma corresponds to law,
which in modern context means a code of conduct, which regulates human behavior and
mutual relations of the individuals and with the state11

Dharma signifies regularity of order universally accepted, it includes religion, duty, and
inseperable of a quality or an order, whereas present day law is based on reasons and does
include religious aspects. Dharma is duty-based concept; however, the present law focuses on
rights rather than duties. Dharma in itself included morals, ethics and righteous conduct of a
man but the present system does not recognise the moral or ethical values and rather than
conduct or motive, it now focuses on the act and the consequences. Dharma pre-supposes a
supernatural and binds together by the fear of the same supernatural but on the other hand the
law is based on reasonableness and binds through legal sanctions given by courts (human).
Law in modern sense is confined to rights, legal duties etc. And not with righteous conduct
and hence, is particular in nature whereas Dharma is all pervasive and universal. The law pre-
supposes man’s idea of ‘what ought to be’ and is based on reasonableness.12

CONCLUSION

Dharma and law as seen above may seem to be in contrast, but the ideology behind them is
same. At large, law is a part of Dharma without disharmony and they constitute single
integrated whole. Dharma on one hand is taken to be religious, but it is not so and the same
has been approved by the Honourable Supreme Court. Dharma has been and is guiding our
conduct, morals and laws in varying degree. One may not find any relation between the two
on the face but on a deep analysis both are interrelated integrated whole. ‘Dharma’ is one of

11
Nimisha Jha, “Dharma: The Soul of Hindu Jurisprudence”, 9 The Lex Warrier: Online Journal 220 (2018)
12
Shantanu Rathore, “Dharma and Law”, Lawctopus,(May 13,2015), available at
<https://www.lawctopus.com/academike/dharma-and-law/#:~:text=Dharma%20was%20a%20duty%20based,in
%20any%20special%20position%20or> (last visited: 25/9/22)
the many sources of modern law and is shaping society. Hence, it can be said that ‘dharma’
and law are closely related and interwoven. Dharma by passing the test of time has shown its
eternal character.

BIBLIOGRAPHY

 https://www.lawctopus.com/academike/dharma-and-law/#:~:text=Dharma%20was%20a%20duty
%20based,in%20any%20special%20position%20or
 http://www.legalservicesindia.com/article/1391/The-Legal-system-in-ancient-India.html

 https://indiafacts.org/sources-hindu-dharma-1/

 https://blog.ipleaders.in/introduction-to-hindu-law-in-india/

 https://thelawexpress.com/the-concept-of-dharma-in-indian-jurisprudence

 https://indiafoundation.in/articles-and-commentaries/law-is-a-branch-of-dharma/