The Role Of Ancient Hindu Scriptures In Interpretation Of Modern Laws: A Comprehensive Analysis

By G.V.L. Prashasti Views: 31779

India's ethical foundations and legal ideas have been greatly influenced by ancient Hindu Scriptures like the Vedas, Smritis, Dharma Shastras, and Artha shastra. Together all this scriptures laws is known as the "DHARMA". The impact of these religious books, on the creation and interpretation of modern laws is explored in this paper. This paper focuses on how these Hindu Scriptures are continuing to influence the modern laws. This paper explores how ancient laws are being applied in Modern legal issues. It also aims to provide an explanation on the inter-connection between the ancient Hindu Scriptures and Modern Laws.

Introduction
The main foundation and source of all laws is "DHARMA". In Vedic Scriptures such as the Rig Veda, the term "DHARMA" was initially used to refer the universe's foundation. According to these religious scriptures, God created Life by establishing the DHARMA principles across all living creatures. Hinduism ultimately believes that salvation or "MOKSHA" is the eternal Dharma for people.

The Upanishads and other ancient Hindu scriptures significantly improved and moralized the concept of Dharma[1]. As nation-states began to take form during this time, Dharma developed a legalistic aspect. Dharma was used to refer to people's religious and legal obligations in Hindu legal books such as the Manusmriti. In other words, since Dharma outlined what individuals should and shouldn't do, it became into a prescriptive concept. The understanding of Dharma continued, and it can be still seen in modern Hindu law.

Dharma is also mentioned in Hindu epics such as the Ramayana and Mahabharat. According to these epics, that each person's ultimate goal is to fulfil their Dharma. These texts frequently refer to historical personalities as "Dharmaraja" since maintaining Dharma is a king's primary responsibility. As a result, it is a proof that the concept of Dharma is originated and evolved from various Hindu sacred scriptures. Over time, its definition and application developed until it became linked to the principles of justice and the rule of law.

The Role Of The Word "Dharma" Through Various Ancient Hindu Scriptures And Its Contemporary Relevance:
The principles of "DHARMA", how it is applied and its relevance in contemporary society: -
· According to Brihadaranyaka Upanishad, the role of "DRAMA" is:

Meaning of the above text: That the "DHARMA" is King of Kings and there is nothing superior to "DHARMA". The weaker overcome the stronger through "DHARMA". Even the king must adhere to "DHARMA".

Which means The King is just a subordinate to "DHARMA" (which means Law) and not the law itself. The "DHARMA" as a Law limits the power of the King and empowers the people to overcome the weaker over the stronger.
Contemporary Relevance:
- DHARMA = LAW
- King = State
- Limitation of Powers = Separation of Powers (like Executive, Judiciary)
Which means Law limits the power of the State i.e. Government. The Government must follow the Law which is superior to it. It gives power to people, which helps them fight for their rights and also helps the weaker overcome the stronger.

According to Manu Smriti Chapter 8 verse 15, the protection of "DHARMA" is necessary because:
धर्म एव हतो हन्ति धर्मो रक्षति रक्षितः ।
तस्माद्धर्मो न हन्तव्यो मा नो धर्मो हतोऽवधीत्
Meaning of the above text: "Righteousness is destructive when it is destroyed; it is protecting when it is protected. As a result, it is important to safeguard righteousness; otherwise, it will ultimately destroy us."
Contemporary Relevance: It means the Law protects the one who protects it and destroys the one who destroys it. So, it is important to safeguard the Law.

According to Bhagwat Gita Chapter 16 verse 24, the role of "DHARMA" is:
Meaning of the above text: "Therefore, let the scripture be your authority in determining what ought to be done and what ought not to be done. Having known what is declared by the rules of the scripture, you should act accordingly."
Contemporary Relevance: Which means, let the Law decide what should be done and what should not be done. After the Law decides the rules, one must follow those rules, i.e., the Rule of Law.

The Significance Of Bhagwat Gita In Modern Laws

Bhagwat Gita has played a huge role in the formation of the Indian Constitution:
1. Fundamental Duties
  According to Chapter 18 Verse 46: Meaning of the above text: "A human being attains perfection by worshipping the Supreme Lord through performing one's prescribed duties, from whom all beings have originated and by whom all this universe is pervaded."
  
  Article 51A of the Indian Constitution: It lists the duties of the citizens. Article 51A of the Indian Constitution states the "Fundamental Duties" of every citizen, which includes protecting the environment, promoting harmony among citizens of all backgrounds, defending the nation when required, upholding the nation's unity and integrity, and respecting the Constitution, national flag, and anthem.
2. Social Responsibility
  According to Chapter 3 Verse 21:
  Whatever a great man sets as the standard, the world (people) follow; whatever he does, other men do (imitate).
  Article 36-50 of the Indian Constitution: It states the Directive Principles of State Policy, which guide the government to establish laws that promote social justice, economic equality, and a welfare state. If the Government sets a good and standard example, then people will also follow the Government properly.

The Significance Of Manu Smriti In Modern Laws
In Criminal Laws
Meaning: People will always speak of your infamy, and for one who has been honoured, dishonour is worse than death.

Manu Smriti, Chapter IX, Verses 264-267
- It deals with the State's role in punishing crimes.
The Indian Penal Code, 1860
- It also deals with the State's role in punishing crimes.

Theft:

Manu Smriti: Chapter IX, Verse 278
IPC: Section 378

Manusmriti analyses human motivations and identifies reasons why people act unethically. Adhering to wicked beliefs, wanting other people's possessions, and retaining unwanted thoughts are the three main immoral mental behaviours listed by Manusmriti. Any civil or criminal damage that a person may cause to another person is covered under the Manusmriti. This includes taking property, individuals denying what they are entitled to, defamation, assault, theft, fraud, robbery, harming someone, and murder. According to Manusmriti, these offenses fall under one of the four bad verbal or three wicked bodily acts that are currently covered by contemporary civil and criminal statutes in different legal systems.

Contract Laws

Manu Smriti: Chapter VIII Verse 164
- The agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
The Indian Contract Act, 1872, Section 2(g)
- An agreement is void if it is not legally enforceable.

Case Laws

Pannalal Bansilal Patil and Ors. vs. State of Andhra Pradesh and Ors. (17.01.1996 - SC)

In this case, The Supreme Court has taken:
- Bhagwat Gita Chapter 18, Verse 5 as a reference
  "Yagya Dana Tapa Karma, Na Tyajyam, Karyamev Yat" Meaning: Sacrifice, charity, austerity, and action, are not to be abandoned, they are to be done Yet.
- Manu Smriti Chapter 4, Verse 227 and 228 as a reference
  - Verse 227: Let him always practise, according to his ability, with a cheerful heart, the duty of liberality, both by sacrifices and by charitable works, if he finds a worthy recipient (for his gifts.)
  - Verse 228: If he is asked, let him always give something, be it ever so little, without grudging; for a worthy recipient will (perhaps) be found who saves him from all (guilt).
Facts of the Case:
- This was presented before the Supreme Court, for addressing the constitutional validity of specific sections of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987.
- The petitioners of this case are hereditary trustees of various Hindu religious and Charitable institutions in Andhra Pradesh, who challenged the validity of Sections 15, 16, 17, 29(5), and 144 of the Act.
Issues of the Case:
- Challenging the validity of Sections 15, 16, 17, 29(5), and 144 of the Act.
- Are Sections 15, 16, 17, 29(5), and 144 of the Act violating Articles 25 and 26 of the Indian Constitution?
Court Analysis: The Court's interpretation balanced constitutional guarantees and legislative intent. It acknowledged that Articles 25 and 26 are not absolute and are subject to reasonable restrictions in the interest of public order, morality, and health. The main aim of the Act is to abolish hereditary trusteeship, and its measures are rational to cut down malpractices and ensure better governance. The Court also observed that hereditary positions often led to malpractice, mismanagement, and favoritism, which misled institutional objectives.
Supreme Court's Reference to Bhagwat Gita Chapter 18, Verse 5:
Actions based upon sacrifice, charity, and penance should never be abandoned; they must certainly be performed. Indeed, acts of sacrifice, charity, and penance are purifying even for those who are wise.
According to the Supreme Court's analysis, charity work should not be mismanaged with intentions beyond the original aim of the said charity work.
Judgment: The Court held that the constitutionality of Sections 15, 16, 17, 29(5), and 144 of the Act was valid. This judgment gave legislative authorities the power to manage and regulate the administration and governance of charitable and religious institutions, emphasizing the necessity for efficient and transparent management.

Sampurnanand vs. State of U. P. and Ors. (26.10.2018 - ALLHC)

In this case, The Supreme Court has taken:
- Bhagwat Gita Chapter 2, Verse 34 as a reference
  "akirtim capi bhutani kathayisyanti te 'vyayam sambhavitasya cakirtir maranad atiricyate" Meaning: People will always speak of your infamy, and for one who has been honoured, dishonour is worse than death.

Facts of the Case:

The Petitioner has filed a petition against the state of U.P and other respondents of the case. The facts of the said petition are regarding the illegal mining by illegal blasting and taking out of boulder, patia, gitti etc., causing damage to the environment and health hazards to locals in the area of villages Bhagoti Dei, Sonpur, Biyahur, and Chakjata, Pargana Bhagwat, Police Station Ahraura, Tehsil Chunar, District Mirzapur, Uttar Pradesh.

Issue of the Case:

Petitioner alleges that the respective authorities are not taking any proper action to address environmental pollution caused by stone crushers operating in the Mirzapur District.
Violation of the petitioner's right to a clean environment under Article 21 of the Indian Constitution.
Petitioner claims that the State has failed to perform its duty regarding the enforcement of proper regulations on industries causing heavy environmental damage in the area.

Courts Reference to Bhagwat Gita Chapter 2 Verse 34:

People will always speak of your infamy, and for one who has been honoured, dishonour is worse than death. Meaning: One must act or perform their duties in such a way that they gain respect, not lose it, as losing respect is worse than death.

Judgement:

The Court has directed the state authorities to conduct proper inspections and take necessary actions against violating industries.
Authorities must ensure proper environmental regulations are followed.

Case: Aliganj Sri Mahaveer Ji Trust vs. The District Judge, Lucknow, and Ors. (17.02.2022 - ALLHC)

The Supreme Court has taken reference from:

Bhagwat Gita Chapter 18 Verse 45:
Meaning: By fulfilling their duties, born of their innate qualities, human beings can attain perfection.
Bhagwat Gita Chapter 18 Verse 46:
Meaning: By performing one's natural occupation, one worships the Creator from whom all living entities have come into being, and by whom the whole universe is pervaded. By performing such work, a person easily attains perfection.

Facts of the Case:

The Management of the Trust became inoperative due to succession issues, resulting in disputes regarding the trust's administration.
Various litigations arose among contesting parties concerning the management of the temple's affairs.

Issue of the Case:

The need for a revised and effective management scheme to oversee the temple's operation and ensure the trust's objectives are met.

Courts Reference to Bhagwat Gita Chapter 18 Verses 45 and 46:

Interpretation: The trust must work for the benefit of the temple, not for the management itself. The operation of the management must be selfless to ensure the welfare of the temple and the people.

Judgement:

The Court stated that the true purpose of the trust is to ensure the welfare of the people through the temple.
The Court has approved a new management scheme for the trust.

;

Conclusion
There is a significant connection between ancient scriptures and current jurisprudence, as seen by the impact of ancient Hindu texts like the Bhagavad Gita, Manusmriti, Arthashastra, and Dharma Shastras on how contemporary Indian laws are interpreted. Despite being a secular country, courts in India have occasionally utilized Hindu philosophical ideas for clarifying legal concepts, moral obligations, and governing structures.

Although the ancient scriptures does not take the place of constitutional demands, its knowledge continues to influence the ethical and intellectual aspects of Indian law. Although courts have a fundamental commitment to the Indian Constitution, they may interpret contemporary laws through the lens of universal values found in these ancient Scriptures. Thereby, current laws remain independent of religious ideas, even if the ideals of justice and dharma found in Hindu texts continue to inspire legal thinking. This ensures that India's legal system upholds justice, equality, and fundamental rights for all citizens, regardless of their religious views.

End Notes:

https://www.toppr.com/guides/legal-aptitude/jurisprudence/schools-of-jurisprudence-concept-of-dharma - Last accessed on Feb 18th, 2025.
Adv. Jay Dongre, Contemporary Relevance of Dharma, 9 IJNRD.ORG, ISSN:2456-4184, Sept 9th, 2024.
Adv. Jay Dongre, Contemporary Relevance of Dharma, 9 IJNRD.ORG, ISSN:2456-4184, Sept 9th, 2024.
https://www.juscorpus.com/echoes-of-manusmriti-exploring-parallels-between-ancient-indian-law-and-contemporary-legal-system/#_ftn15 - Last accessed on Feb 19th, 2025.
https://www.juscorpus.com/echoes-of-manusmriti-exploring-parallels-between-ancient-indian-law-and-contemporary-legal-system/#_ftn15 - Last accessed on Feb 19th, 2025.
https://www.holy-bhagavad-gita.org/chapter/18/verse/45 - Last accessed on March 5th, 2025.
https://www.holy-bhagavad-gita.org/chapter/18/verse/46 - Last accessed on March 5th, 2025.

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