The concept of “dharma” is central in Brahmanical traditions. It is also central in Jain and Buddhist traditions. Dharma, in short, means proper conduct. The proper conduct envisaged under the term dharma is conduct in personal life; the acharya; and conduct toward others; the vyavahara. Thus, activities like ritual purification, personal hygiene regimes, and modes of dress are acharya and part of dharma. And prohibited and prescribed conduct while dealing with others is vyavahara. What is the right conduct depends upon multiple factors like one’s social identity, age, gender, caste, marital status, order of life, etc. The scope of interpretation of dharma is very wide. Law in the modern sense is only a branch of dharma since dharma includes within its meaning religious, moral, social and legal duties. The dharma does not state in categorical terms the text of the law, but only the jurisprudential philosophy behind it. However, since the dharma and its understanding has been codified in the Modern Hindu Law, some aspects of dharma are a part of the codified law.

Sources of Hindu Law or “dharma” Hindu Law and dharma finds its source in; Shruti, Smriti, Commentaries and Digests, Dharmasutras, Customs and Enactments. Shruti literally means what is heard. Shruti is believed to be the language of divine revelation. It is historically the primary and paramount source of Hindu Law. Shruti refers to the four Vedas-Rig Veda, Yajur Veda, Atharva Veda and Sama Veda. It contains statements of fact and no statements of law. It refers to various rituals and practices and also defines rights and duties of people. Smriti literally means what is remembered, Smritis refer to the memory of the sages who were repositiories of the revelation, and they are also called the Dharmashastras. Smritis not only include the essence of Vedas but are also a statement of the practices of the contemporary society. They reflect the dharma as taught by the Vedic scholars and as accepted by the society. Thus, Smritis are more authoritiative statement of what is law. Smritis represent not only what ought to be the law but also the set of rules actually administered. In courts in India Smritis have been recognized as the authorities for stating law. In practice, even varied communities such as Jains and Buddhists have followed substantially the broad feature of Hindu Law as laid down in the Smriti. There are many Smritis of which Manusmnti is considered as the earliest one. It is revered by not only Hindu lawyers, but also by Buddhist writers of Java, Siam and Burma. Yajnavalkya Smriti is another very important Smriti as it is from this Smriti that most of the Hindu Law is derived. So much so that even today this Smriti is referred to in the highest court of the country whenever an occasion arises. Besides Manusmnti and Yajnavalkya Smriti, other important Smritis are Narada Smriti and Vishnu Smriti. What is true about Dharmashastras?

Options:

A) Smritis are Dharmashastras

B) Smritis are different from Dharmashastras

C) Dharmashastras introduced complexities in Hinduism

D) Dharmashastras did not recommend sati and infanticide