V. Law and Religion in Hindu Culture.
One remarkable aspect of Hinduism is
that Law and Religion have been inseparable. Veda was the supreme source of authority for
all Dharma sutras and it was a divine revelation. They looked up to this Divine Agent for
justice and feared Divine Displeasure.
These laws came in the form of commands and injunctions issued not by a
political sovereign but by the Supreme God. The sovereigns duty was to see that
these were carried out adequately. Sir Gurudas Banerjee has emphasized, this aspect by
saying that
" the highest possible ambition of every Hindu ruler was to govern
according to the primeval law; and the, most perfect type of administrative ability was
the power to lead the subjects without the least deviation in the beaten track marked out
by Manu.'2
The Satapatha Brahmana emphatically declares that kings are not
entitled to make new laws or to modify the old ones. Manu, while providing rules for the
guidance of the king does not mention that legislation is the function of the
king.3 The same trend of thought underlies in the Homeric "Them
is"
or "The metes" who administered justice to kings.4
The earliest of the lawgivers, Gautama, declared as the source of
Dharma (1, 1.2); so did Baudhayana and Apastamba. But Manu made a departure and mentioned
Veda is one of the sources of Dharma.Veda is the first source, tradition
is the second and usages of virtuous men, the third source (Manu II. 6). Yajnavalkya
agreed with Manu (Yaj. 1.7) but stressed more on the secular aspect of law.
2.Hindu
Law of Marriage And Stridhana-P.3 3.Manu.
Ch. VII. 4.Ancient
law-Mayne-P. 3-4. |