VIDHIGYA: The Journal of Legal Awareness
  • Year: 2017
  • Volume: 12
  • Issue: 2

The concept of dharma in Indian jurisprudence

Student, IV year, Alliance school of law, Alliance University, Bangalore

Online published on 2 November, 2018.

Abstract

This paper deals with the concept of Dharma and its application in the field of Jurisprudence. How Dharma has influenced the law, is one such aspect which has been explained in this paper. Dharma, basically refers to the virtuous conduct of a person and relationship with his religion. The notion of Dharma, draws its inspiration from sources like the Vedas, and thus is a concept which is time immemorial. Dharma is closely related to Jurisprudence as it deals with what is right and what is wrong. Dharma has been explained, in the Mahabharata to be that which helps the upliftment of living beings. Therefore, that which ensures the welfare of living beings is surely Dharma. The learned rishis have declared that which sustains is Dharma2

Dharma is one such concept based on ‘Dharmo Rakshati Rakshitaha’ meaning, fact that ‘If you protect it, it will protect you’. This is in fact, the jurisprudence behind every law of our country. If one obeys and conducts himself in a way that the law expects him to behave, then he shall be protected by the law. This relationship between Dharma and Jurisprudence in India has been dealt with in this paper. This paper also deals with the role played by Dharma in establishing the Indian legal system and establishes the application of Dharmic principles in the present day laws.