‘RTA’ AND ‘DHARMA’, THE ANCIENT INDIAN CONCEPT OF

LAW AND JUSTICE

INTRODUCTION

Hinduism is the dominant religion, and consists of much diverse tradition. It

includes Shaivism, Vaishnavism and Shaktism among numerous other traditions, and a
wide spectrum of laws and prescriptions of “daily morality” based on Karma, Dharma,
and societal norms. Hinduism is a categorisation of distinct intellectual or philosophical
points of view, rather than a rigid, common set of belief. Hinduism has been called the
“oldest religion” in the world, and some practitioners refer to it as `sanatana Dharma`,
“the eternal law” or the “eternal way” beyond human origins. It prescribes the “eternal”
duties, such as honesty, mercy, purity, self-restraint, among others.

The Vedic period (approx.1750-500 BCE) was the period in Indian history during
which the Vedas, the oldest scriptures of Hinduism, were composed during the early
part of the Vedic period, the Indo-Aryans settled into northern India, bringing with them
their specific religious traditions. The associate culture was initially a tribal, pastoral
society centered in the northwestern parts of the Indian subcontinent; it spread after
1200 BCE to the Ganges plain, as it was shaped by increasing settle agriculture, a
hierarchy of four social classes, and the emergence of monarchial, state-level polities.

The Vedas (knowledge) are a large body of texts originating in ancient India.
Composed in Vedic Sanskrit, the texts constitute the oldest layer of Sanskrit literature
and the oldest scriptures of Hinduism. 1 The class of “Vedic texts” is aggregated around
the four types, of which three are related to the performance of yajna (sacrifice) in
historical Vedic religion:

1. The Rig-Veda, containing hymns to be recited by the hotr, or presiding priest;

1
Sanujit Ghose (2011). "Religious Developments in Ancient India" in Ancient History Encyclopedia
 2. The Yajurveda, containing formulas to be recited by the adhvaryu or officiating
priest;
3. The Samaveda, containing formulas to be sung by the udgatr, or priest that
chants;
4. The Atharvaveda, a collection of spells and incantations, apotropaic charms and
speculative hymns.

RTA

Rta is derived from the Sanskrit words means,” to go, move, rise, tend
upwards”, and the derivation noun rtam is defined as “fixed or settled order, rule, divine
law or truth.”

Rta appears most frequently as representing abstract concepts such as “law”,

“commandment”, “order”, “sacrifice”, “truth”, and “regularity”, Rta is also frequently used
in reference to various Vedic deities. Thus, Brahaspati is referred to as possessing a
powerful bow with “Rta as its string” and as one prepared to “mount the chariot of Rta”;
Agni is described as one who is “desirous of Rta”, one who is “Rta-minded” and as he
who “spread Heaven and earth by Rta”, the Maruts are referred to as “rejoicing in the
house of Rta” and as “knower’s of Rta”; Ushas is described as having been “placed at
the root of Rta”; Varuna is praised as “having the form of Rta” and along with Mitra-
Varuna, as “destroying the foes by Rta” and as “professing Rta by Rta”. Epithets such
as “born of Rta” and “protector of Rta” are frequently applied to numerous divinities, as
well as to the sacrificial fire and the sacrifice itself.

The ancient Indian seers recognized a cosmic order which served as the
foundation of their ethics and values. They called it Rta, Macdonell, an eminent
historian, has described as: “highest flight of Rig Vedic thought.”2 Originally Rta was a
concept pertaining to the physical universe, denoting the law of nature operative in the
movement of the planets, the success in the night and day, and the rotation of the
seasons. As the principle of order in the universe, it provided all of the natural

2
Macdonell, A. A., A History of Sanskrit Literature.
phenomena with symmetry and aesthetic form. The beauty and uniformity of heaven
and earth were looked upon as proceedings of unalterable observance of cosmic law.
Gradually the cosmic sense of Rta as Natural Law developed into the social sense of
Rta as moral law. The nature of this development was crucial for the status of morality.
It meant that virtue was given the same basic position in the social world.3 The ideas of
Rta as Moral Law become a salient feature of Vedic thought. So great was its influence
that in later time its principles were conserved through the characteristic Hindu concepts
of dharma and the law of karma. The hymns not only present with a universal standard
of morality represented by Rta, but also lay down certain duties as religious, consisting
of prayers and sacrifice to the gods.

DHARMA

Dharma is a concept of central importance in Indian philosophy and religion. It

has multiple meaning in Hinduism, Buddhism, and Jainism. It is difficult provide a single
concise definition for dharma, as the word as long and varied history, Yama, the lord of
death, is also Known as Dharma, since he works within the laws of karma and morality,
regulated by divine principles. Lord Rama, an avatar of Vishnu. The eldest pandava,
Yudhistira was referred to as Dharma Raj Owing to his steadfastness to Truth &
Dharma

In ancient Vedic tradition, the Dharma was decided by the holy Kings or Dharma
Raja. Dharma rajas include Manu, Rama, Yudhistira, and Buddha. Sometimes specific
things are used as Buddha-Dharma and Jaina-Dharma to distinguish them from Hindu
Dharma. For many Buddhist, the Dharma most often means the body of teachings
expounded by the Buddha. The word is also used in Buddhist phenomenology as a
term roughly equivalent to phenomenon, a basic unit of existence or experience.
Dharma may be used to refer to rules of the operation of the mind or universe in a
metaphysical system or to rules of behavior in an ethical system. In modern Indian
languages, such as Hindi, dharma can also mean simply “religion.” For example, a
Muslim is a person who follows the dharma of Islam.

3
Cromwell Crawford, S.The Evolution of Hindu Ethical Ideals
 In Hindu philosophy, justice, social harmony, and happiness are gained when
people live according to dharma. The Dharmashastra is a record of these guidelines
and rules. The available evidence suggests India once had a large collection of dharma
related literature (sutras, shastras); four of the sutras survive and these are now
referred to as Dharma sutras.4 Along with laws of Manu in Dharmasutras, exist parallel
and different collection of laws, such as the laws of Narada and other ancient scholars.
These Dharmasutras include instruction on education of the young, their rites of
passage, customs, religious rites and rituals, marital rights and obligations, death and
ancestral rites, laws and administration of justice, crimes, punishments, rules and types
of evidence, duties of a king, as well as morality.

In the mantras its meaning is extended to include not only the rhythm, regularity
and uniformities of nature and natural order but also moral order based on natural
justice Gods are called- Guardian of Rta and practiced of Rta- who reward the good and
punished the wicked, sacrifices rites, Rita becomes identical with object with Yagna or
sacrifice. Sacrificial rites are performed with the object of prosperity and happiness here
and thereafter. Rita and Yagna imply that each action carries its own reward and
Dharma means Right activity or duty, activities which promotes virtual and includes man
to live in harmony and peace with the world.

ANCIENT LEGAL CONCEPT

The ancient Indian tradition conceived a legal order based on the dharma dating
the time of 100CE. Rta and Dharma stands for righteousness and includes not merely
religious duties but comprises virtues, ethics and philosophy in explaining social
problems, practice and directions. It denotes the Indian ideology that includes
righteousness of thought, world and action, law of being, law of nature, individual duty,
legal duty, social and moral duty, justice, civil law, code of conduct, practice, harmony
with nature and living beings and the way of life, among other things. Dharma also
means to secure `Abhyudaya` i.e. the welfare of the people, as it represents rights,

4
Patrick Olivelle (1999), The Dharmasutras: The law codes of ancient India, Oxford University Press
privileges and obligations of individuals. Thus the object of law was to promote the
welfare of man both individually and collectively.

Dharma therefore also been compared with modern public law, as the duty of the
state is to ensure the welfare and happiness of all people. Thus the Vedic way of life
encompassed a reverence for natural resources necessary to be preserved, protected
and used in a sustainable manner for human sustenance and humanity`s existence. It is
very difficult to provide a single line definition for the word. Dharma is conceived as the
course of action which if followed by any person would lead both physical and spiritual
gain in this world and the next and the failure to follow which would result in “Adharma”
or a spiritual fall and therefore a person was obligated to follow the norms of Dharma.
Dharma is therefore an ideal which is to be followed for physical and spiritual benefit of
each person and every society through its entire life cycle under various circumstances.

Dharma is however not the only reason for the living of one`s life and for the
actions one undertakes. Dharma itself is one of the angles of Dharma-Artha-Kama
triangle which guides one`s life. Dharma stands for the ideal, while Artha for that which
is profitable and Karma for that which is pleasurable. Even Manu accepts that man
seldom acts on account of Dharma alone, and that there is great debate which course
should be given primacy in the deciding what is the correct course of action. Needless
to say Swayambhu Manu says Dharma is supreme, whereas Chanakya Kautilya says
Artha, and Rishi Vatsayana says all three are equal in almost cases.

THE ROLE OF “DANDA” IN DHARMA

“Danda” is the methodology whereby a sovereign inculcates Dharma in

his subject and assist them in the path of Dharma by exercise their self control. Danda
means that is pure force to be used to keep persons on the path of Dharma through a
method of assisted self control. In other words it assists the sovereign to discharge his
Dharma to keep his subjects on the path of Dharma. Danda if applied properly protects
the sovereign and if applied unjustly turns against him.

The life of a person in Dharmic society is divided into four stages, the first
is the “Brahmacharya” (approximately the student), the second is the “Grihasta”
(approximately the householder), the third is the “Vanaprastha” (approximately the
forest dweller) and the fourth is the “Sanyas” (approximately the world renouncer). The
Dharma of a person in every stage is different and what is the Dharma for one is not the
Dharma for the other.

Rta and dharma, the Indian constitution and Indian law today.

The Indian law and the Indian constitution is in itself a peculiar

continuation of the strange world of Anglo-Hindu law that is of trying to make sense in a
“modern” western way of the very ancient Dharmic society. The Indian Constitution tries
to address the problems of caste through westernized system of economic reservation
not realizing that it would in effect entrench the system further. The Indian Constitution
attempts to establish a “secular” state yet, defines “Hindus” in the fundamental rights.
Though the Indian fundamental rights chapter is western in its formulations, the
Supreme Court of India is being more often made to take choices which are decidedly
Dharmic without terming it as such in order to solve Indian problems.

Here are a few examples

The first is the expansion of the right to legal remedy, by first making it is
fundamental right and then a basic structure of the Constitution

The second is the expansion of the right to life from the restricted and
limited right in the Constitution in order to do complete justice to every person, which is
the hallmark of the “Rule of Law” and much like Dharmic justice which sees life beyond
the merely physical existence.

The third example is the evolution of the Indian conception of “Sarva

Dharma Samabhava” as “Equal Treatment of all Religions” different from the anti-God
westernized secularism.

Lastly, in India, the judiciary is much respected and is uniquely powerful.

Some say it is the most powerful judiciary in the world. It can only happen in a country
where the culture holds the interpreters of laws to be even higher than the formulators
of laws and those that execute them. Dharma in India still reigns supreme.