The article deserves special mention because the Supreme Court has interpreted this article according to the cases and has extended its scope on numerous occasions to cover the right to subsistence[16], life is more than the existence of animals[17], the right to legal aid[18], the right to dignity of a convicted person[19] and much more, does not, however, include the right to die.[20] Article 21 continues to grow and is not related to time and place. How the Dharma embraced all aspects and facets of human life, whether internal or external, and provided a law to govern and protect it; The same applies through Article 21 with the help of other fundamental rights. Article 21 is vast and expansive and has the potential to confer all the basic human rights necessary to live a dignified life. Contrary to popular belief, Dharma does not mean or support religion, but it is a whole body of rules and believes in itself, including religious rights, rules of conduct, and duties. When we talk here about religious rights or duties, no one prefers it to the other, but describes it for all religions. Dharma, as Jaimini says, „is based on a revelation that is conducive to the well-being of society determined by the great Vedas.” The Dharma is mainly based on the Vedas and has many clues such as Sruti, Smriti and moral laws (Sadachar) and ruled people`s lives in ancient times. The Dharma was a duties-based legal system in which each individual has a duty to other members of society, as Duguit puts it: „The only right that every human being can possess is the right to do his duty, his theory of social solidarity says that even the sovereign or state is not in a special position or privilege and his existence is justified only as long as how he does his duty. [3], which is in direct contrast to the current legal system, which defines rights, not obligations. In this research project, we will see the close relationship between the Dharma and the current legal system.
The struggle for independence was the struggle for fundamental rights and civil liberties to be enjoyed as a fundamental human being, and the same was kept in mind when drafting India`s constitution. Hindu law (Dharma) began to be codified according to changes in attitude and lifestyle, as it was recognized that the old method had to give way to a realistic approach to life [9]. The principles of natural law (Dharma) have found their place in the constitution by means of fundamental rights. The Dharma, as we all know, was a legal system based on duties, but the current legal system became a rights-based system. Of course, these rights are not absolute, they also have certain restrictions. The right to equality, freedom of movement and the most precious right to life are some of the fundamental rights that are guaranteed. But there is ample evidence from world history, as well as our own, to show abuse of power, whether it was Hitler`s Nazism or the infamous state of emergency imposed by Indira Gandhi, and what followed[10] is enough to call into question the spirit on which our constitution was founded. The aforementioned prayer, in simple and brief, is the basis of the supreme ideal of human life, that is, the Dharma, the evolution in ancient India.
Dharma deals in concept with duty, religion and the inseparable quality of a thing or order, that is, the virtuous behavior of the righteous man and Dharma literally means „something that maintains or maintains” and is a Sanskrit name derived from the root „dhr”. Dharma is semantically equivalent to the Greek word „ethos”[1]. Dharma is the Indian version of natural law as Indians perceived it in ancient society, but their vision was very far-fetched and is praised by many future personalities such as Max Muller[2] [7] Rajesh HimmatlalSolankiv Union of India, through the Secretary, GHC, 2011. It has been established that Dharma and religion are two different things, since some practices are not prevalent in some religions, this does not make them Adharma and in the same way Dharma embraces any religion. In other words, adherence to the Dharma is secular and does not contradict the Constitution. Religion is enriched by visionary methodology and theology, while Dharma flourishes in the realm of direct experience. Religion contributes to the changing phases of a culture; Dharma enhances the beauty of spirituality. Religion can inspire you to build a fragile and mortal home for God; The Dharma helps you recognize the immortal sanctuary in your heart. [5] Mahabharta says, „It is (the Dharma) that is most difficult to define. Dharma has been explained as what supports the elevation of living things. Therefore, what ensures the well-being (of living beings) is certainly the Dharma.
The Rishi scholars have stated that what the dhrama supports is.” The Dharma and the law, as seen above, seem to be in opposition, but the ideology behind them is the same. On the whole, the law is part of the Dharma without disharmony and they form a single integrated whole. Dharma, on the one hand, is considered religious, but it is not, and the same has been approved by the honorable Supreme Court in many cases, as mentioned in the sections above. The Dharma has been and guides our behavior, morals, and laws to varying degrees. You can`t find a relationship between the two on the face, but in a thorough analysis, the two are connected to each other and fully integrated. The „Dharma” is one of the many sources of modern law and shapes society. Therefore, it can be said that the „Dharma” and the law are closely related and intertwined. By passing the test of time, the Dharma has shown its eternal character. The Dharma comes from the Vedas, which are Sruti (knowledge heard), and they are the highest source of knowledge for people, like the account of what is heard by the ancient priests, which is Sruti, and they contain accounts of everything possible, from the military to politics to the lives of ordinary people.
His other sources are Smriti, which are the interpretation of the Vedas and four sages proposed the Dharmasastras and are called Smritikars. They are: The dhrama, as Judge M. said. Rama Jois[4], is: „The Dharma is that which sustains and ensures the progress and well-being of all in this world and eternal bliss in the other world. The Dharma is proclaimed in the form of commandments. Mahabhartha also includes a discussion on the question of the definition of Dharma.[5] The Dharma in the words of Madhavacharya is: „It is very difficult to define the Dharma. Dharma has been explained as what supports the elevation of living things. Therefore, what ensures the well-being (of living beings) is certainly the Dharma.
Rishis scholars have stated that what the dhrama supports is.” Editor`s note: Dharma is considered the highest ideal of human life. It is about man`s virtuous behavior, his duties and his relationship to religion. This is what India comes closest to natural law and ethics, and finds its ultimate goal in the well-being of society. It includes all that is just, just and moral. It comes from the Vedas and is an ancient concept. This article analyzes the decline of the Dharma with the advent of positive law and how it found its way into legislation in India after independence, with a focus on A. 21. [6] Everything you need to know about Hinduism. Available at: history-of-induism.blogspot.in/2010/11/sanatana-dharma.html Dharma were derived from the Vedic concept of Rita and replace it, which literally meant „the straight line”. Rita refers to the law of nature, it means moral laws and is based on justice.
If something is Rita, it just meant that the thing is true, right and nothing more. Dharma means natural law. Everything is just, just and moral is dharma. The Dharma was a duty-based legal system in which every individual has a duty to other members of society, and duty is something That Duguit claims to be „the right that every human being possesses.” When we observe the „Puranas”, the people of that time were guided by their karma. They believed that their karma was their Dharma. Therefore, Yudhistir of the Mahabharat was known as „Dharma Raj”. Madhavacharya says, „This is the most difficult thing to define the Dharma. Dharma has been explained as what supports the elevation of living things. Therefore, what ensures the well-being of living beings is certainly the Dharma.
Rishis scholars have stated that what sustains is the Dharma. The famous Indian-American Hindu activist Rajiv Malhotra interpreted in his article „Dharma is not the same as religion”, the word „Dharma” has several meanings, depending on the context in which it is used. These include: conduct, duty, law, justice, virtue, morality, religion, religious merit, good work according to a right or rule, etc. Dharma provides the principles for the harmonious fulfillment of all aspects of life, namely the acquisition of wealth and power (Artha), the fulfillment of desires (Kama) and liberation (Moksha). Religion is therefore only a subset of the scope of the Dharma. With the advent of Muslim rule, followed by British rule, the Dharma (Hindu) began to lose its luster and roots. During Muslim rule, the place of the Dharma was taken over by the Qur`anic teachings, although many practices were preserved, so that it remained largely intact. But with the beginning of British rule and their ignorance of Indian laws, this had devastating effects on the concept of Dharma, because they found no law here that governed the people, and they began to solve the problem by importing Western law or saying natural law through equality, justice and good conscience, or by imposing Western laws by codification in the regions. in which no law of natural law, teachings and customs of Hindus or Muslims.