bbhavanarao

In ancient India, people lived together in communities without written law books or formal courts. Even then, society functioned peacefully because people followed Dharma. Dharma meant doing what was right, fair, and responsible. It guided daily behaviour, parents cared for children, teachers taught honestly, rulers protected people, and traders avoided cheating. These expectations were not written rules but shared moral values. When people followed Dharma, society remained balanced. In this way, Dharma acted as the earliest form of law by guiding behaviour and maintaining order.

As communities grew larger, disagreements began to arise. People needed clear rules that everyone could understand and follow. Important principles of Dharma were therefore codified, which means they were written down in an organised manner. Texts known as Dharmashastras recorded rules related to marriage, family, trade, property, and punishment for wrongdoing. For example, stealing was no longer seen only as immoral behaviour; it became an offence with a fixed punishment. Writing these rules made expectations clearer and reduced confusion. This process gradually turned Dharma from a moral guide into a system of enforceable rules.

Rulers played an important role in this transformation. The king was expected to follow Rajadharma, meaning the duty to govern justly. He was responsible for protecting people, settling disputes, and ensuring fairness. Courts were established where judges listened to both sides before making decisions. Judges were expected to act honestly and impartially, which means without favour or bias. Even the king was not supposed to act against Dharma. This belief laid the foundation for the modern idea that no one is above the law.

Dharma also emphasised fairness and justice in decision-making. It taught that punishment should be proportionate to the wrongdoing and that justice should be based on reason. A judge who acted unfairly was believed to be violating Dharma. This idea is similar to modern legal principles such as equality before law and due process, which means that everyone has the right to be heard before a fair decision is made. These concepts show how Dharma shaped legal thinking long before modern constitutions existed.

In present times, law is written, secular, and enforced by courts and governments. Yet the values that guide modern legal systems—justice, duty, responsibility, and fairness—have their roots in Dharma. The Indian Constitution speaks of justice, equality, and fundamental duties, reflecting these ancient values in a modern form. Dharma did not disappear with time; it evolved. What began as a moral guide for individuals slowly became the foundation of organised law that governs society today.

As time passed, different communities developed their own ways of understanding and practising Dharma. What was considered right in one region could be slightly different in another. These local customs were respected as long as they did not go against the basic idea of fairness. This shows that early law was flexible. It adapted to people’s needs rather than forcing one rigid rule on everyone. Even today, law recognises customs in certain areas, showing continuity with this ancient approach.

Another important aspect of Dharma was the balance between rights and duties. In ancient thinking, people did not talk much about rights alone. They believed that if everyone performed their duties properly, rights would automatically be protected. For example, if a ruler performed his duty of protecting citizens, people would enjoy safety and peace. Modern law still follows this idea. Along with fundamental rights, citizens are also given duties, reminding us that freedom comes with responsibility.

Punishment under Dharma was not meant to be harsh or cruel. It was meant to correct behaviour. The idea was that punishment should teach a lesson and restore balance in society. This is similar to the modern legal principle of reformative justice, which means correcting a wrongdoer rather than only punishing them. For example, juvenile justice laws today focus on reforming young offenders instead of treating them like hardened criminals.

Dharma also influenced how evidence and truth were treated. Judges were expected to search for truth carefully and not decide cases hastily. Witnesses were warned that lying was against Dharma. This idea later became the legal requirement of truthful testimony. Even today, giving false evidence in court is a punishable offence. This shows how moral expectations gradually became legal duties.

Education played an important role in spreading Dharma. Children were taught values such as honesty, respect, and responsibility from a young age. Teachers were highly respected and were expected to teach both knowledge and character. This idea continues today, where education is seen not only as learning subjects but also as building good citizenship. Laws related to education reflect this belief in shaping responsible individuals.

When foreign rulers came to India, they introduced their own legal systems. However, many local customs and principles rooted in Dharma continued to influence daily life. Even British colonial law absorbed certain Indian practices, especially in personal laws related to family and inheritance. This shows that Dharma-based ideas were strong and deeply rooted in society, surviving even during periods of external rule.

After independence, India adopted a written Constitution. The Constitution does not use the word Dharma directly, but its spirit is present throughout the document. Justice, equality, liberty, and fraternity are values that echo the core ideas of Dharma. The Constitution also speaks of duties of citizens, reminding people that law is not only about claiming rights but also about fulfilling responsibilities.

Modern courts often refer to fairness, reasonableness, and justice while interpreting laws. These are not new ideas; they come from ancient Dharmic thinking. When judges speak about acting in a just and fair manner, they are following the same path that ancient judges were expected to follow. Thus, the connection between Dharma and law continues even today.

Dharma also teaches respect for diversity. Different paths, beliefs, and ways of life were accepted as long as they did not harm others. This idea supports modern legal principles such as freedom of religion and cultural rights. Law protects diversity because social harmony depends on mutual respect, a value deeply rooted in Dharma.

In today’s world, law is enforced through institutions like courts, police, and legislatures. Dharma, however, works through conscience and moral understanding. When both law and Dharma work together, society functions best. Law provides structure, and Dharma provides direction. Understanding this relationship helps young readers see law not as something distant or fearful, but as a system based on values that aim to create a just and balanced society.

Real democracy rests with the people, they say. Who are the people then. Flowing from the recent tryst with the election commission, my idea about democracy is it should be real representation of the people. Representation of the masses. Representation of the downtrodden. Representation of those who cannot earn and play with big money. And not to forget the representation of this species called women. A woman who is still not financially independent. I am not mentioning about the select few who have made their mark. I would have argued before today that the real power now vests both with men and women, and yes, the transgender if I may use the word without anybody taking offence to its usage. But today was a day when I had to think what a dilemma some, or rather, most woman have to face, even today. How much a woman deals with a situation when she has to make choices. This was a call from my friend from Hyderabad who sought suggestion from me as a lawyer as to what would be the fate of a particular woman, who was her friend be, after a verdict which is going to come up.

Her husband had left her five years back to stay with another woman. The woman brought up her two children alone without any financial support. She wants nothing now but some monthly maintenance from her husband to take care of her two kids. Her maternal home had abandoned her. Her husband has left her to the fate. What would she do to the kids and herself. Its all so easy for us lawyers to deal this only as another case. But does anybody question the reason why she wants to stick to her husband who never cared for her. Why in spite of the torture she was subjected to she wants him back in her life. Why she is ready to bear another few years of pain with a devil. Its the financial dependence of the woman in this country and to a big extent, almost in all countries where women still have a long way to go in terms of independence.

A statement made by the President of the Woman’s wing of a  political party just as recently as this Tuesday clearly points to the fact that women are not being able to be represented in a democracy because of the use of money in political campaigns. Money which is easily begotten in case of men who control resources, and those women who come from rich families, but that which a common middle class or a poor woman cannot receive from any source. Money is required even for getting into politics. If women are kept aloof from the political process, then where is the representation. I must say, not even the voters make a good representation until the woman of the house comes out and votes. Now if women are left to the mercies of their husbands or men in general, how can they be represented. Where is the democracy which calls for real representation. A democracy by its very nature then becomes a weak democracy. It then becomes a democracy only for a few. And to some it remains a dictatorship.

One might argue that the law takes care of this. I hear from one prominent Professor of JNU that 62 per cent of economy in our country is black economy. these funds are unaccounted for. Where is the law? We need a proper legal framework, not only to eradicate this evil of corruption in politics, but also to ensure that financial dependence does not hamper the aspirations of the scores of women who could get into and be part of the political structure of our democracy. A democracy which then becomes a strong, real democracy. And which will always uphold the rule of law.