9. The law is based on Dharma

24 The law is based on Dharma. The laws of Smrti are entirely dependent on Dharma. Ancient Smrti theorists also pondered deep about Dharma. For e.g. Manu states that Vedas are dependant on different and opposite ideas expressed about Dharma in Smrti. Manu says, "vedokhilo dharmamulam"27 Other theorists like Haritan said people enjoyed concepts of dharma without prejudice. Yajnavalkya says the Dharma exist entirely for the welfare of the people. sruti smrti sadacara swasya ca priyamatmanah/ samyak sankalpaja kamo dharmamulam idam smrtam // Dh.S dealt with Vyavahara or law recognized and administrated by the king's courts. It also deals with sin (papa) and expiation (prayascitta). The provisions are mainly a matter of religious observance but sometimes they acquired a legal significance in the administration of justice. The Smrti writers opined that the distinction between Vyavahara, Acara and 27 Ibid-11-6

25 Prayascitta are the arrangement of the separation of the law. They arranged Dharma under three heads- (1) Acara adhyaya. (2) Vyavahara adhyaya. Prayascitta adhyaya. (3) Manu has classified dharma under three heads Acara, Vyavahara and prayascitta. Acara deals with the behavior of man in his daily routine. It lays down guiding principles of good behavior. It gives elaborate rules relating to the course of life from conception to cremation. The principles and rules of acara are descriptive of Hindu social life. It describes elaborately the various stages of life from child hood to death during which a human being develops and full fills his functions as a member of society. Vyavahara or law was properly conducted and administrated by the king's court. It is with this portion of Dharmasastras that we are principally concerned. The prayascitta deals with sin and expiation. The provisions are mainly a matter of religious observance, but sometimes they acquired a legal significance in the administration of criminal justice.

26 Many religious works have their origin in India. These works were produced in different times and contained controversial ideas. These ideas are consistently undergoing changes in different periods. Manu mentions the following sources of Dharma, sruti, smrti, sadacara and the self-satisfying virtous words. veda smrti sadacara swasya ca priyamatmanah/ edascaturvidham prahu saksat dharmasya laksanam. 28 // According to Kautilya, the basis of the decisions taken by a court in judicial proceedings are of four categories- Dharma, Vyavahara, Carita and Rajasasana. Koutilya states that if the defendant confesses his guilt, the judgment should be on the basis of Dharma. Vyavahara is where parties come out with conflicting statements and collect evidence in support of their respective cases. The court has to record evidence after regular trial and hearing such a case is called Vyavahara. Carita indicates the judicial proceedings in which the judgement to be made on the

27 basis of earlier rulings of the court. Rajasasana is when there is no principle of law applicable, or no evidence is collected to prove the facts of a case, the king is authorized to decide according to his judgment by a royal command. Prof:K.V.Rangaswamy Iyengr draws three logical conclusions from this basic assumption :- (1) That there should be internal consistency in law. (2) The differences which appear are resolvable by enquiry. (3) For every rule of law a Vedic basis can be discovered.29