‘Dharma’, Secularism, and UCC : A reflection by law student

Keywords:- Dharma, Governance, Secularism, UCC, Moral Framework

Mode of Citation:- Bluebook Citation Style, 19th Edition.

During the course of conducting my research endeavour upon the intricacies of ‘Dharma’ and its impact on Indian Jurisprudence, I found it essential to note that Dharma is a vast ocean waiting to be explored. Indeed, this cannot be accomplished in a matter of months, and deep and pervasive study over several years is needed to grasp and understand a mere few fragments. A higher moral law, making an umbrella under which the positive law of humans takes shelter, was expounded by ancient Indian philosophers and thinkers thousands of years ago. Manifesting the values of universal validity, Dharma (righteousness) and Moksha (salvation) were gifted to mankind by those seers to establish a harmonious social order and achieve a balance between the inner and outer aspects of life. Knowledge of the principles of Dharma Shastra is imperishable and ever relevant if applied in the right sense. It is a great misfortune of the Indian legal fraternity that they miss out on the opportunity to understand, study and utilise this knowledge. It is naturally not possible to make an overnight transformation in the current education system, although it is certainly not impossible. Studying and applying the principles of Dharma in the current legal system can help solve numerous socio-legal and political problems that have arisen post-independence, especially in the last few decades. In an effort to integrate Dharma principles and aim for a more Bharatian Legal System, Several efforts must be made.

Impact of Dharma on Secularism:- The Indian brand of secularism takes its roots from the Sanskrit maxim “Sarva Dharma Samabhav”, which means that there must be equal respect to all Dharmas. In recent times, this statement has been construed as meaning all religions are equal, and they are merely different paths leading towards the same goal, i.e. peace and salvation. In the landmark judgment of S.R. Bommai vs Union of India , the Hon’ble Supreme Court also held that secularism is a part of the basic structure of Indian polity. Dharma as a concept has its origins in the Vedas and other religious texts pertaining to the Sanatan Dharma. This confuses Dharma with religion, and as a secular nation, we cannot give the notion of dharma as having its beginnings in writings that are vital only to a particular religion. In A.S. Narayana Deekshitulu v. State of Andhra Pradesh and Others, Justice J.Hansaria stated, “Religion is enriched by visionary methodology and theology, whereas dharma blooms in the realm of direct experience. Religion contributes to the changing phases of a culture; dharma enhances the beauty of spirituality. Religion may inspire one to build a fragile, mortal home for GOD; Dharma helps one to recognize the immortal shrine in the heart.” In the same decision, Justice J.Hansaria determined that the term "religion" in the article should not be interpreted in a narrow sectarian sense, but rather as a broad term that encompasses our ethos.

In the case of N.P.Amrutesh and Others v. State of Karnataka and Ors , The Supreme Court stated that, “Dharma is being used by courts as prestigious as Constitutional benches and employed in place of duty and truth, and that even the flag has the Dharma Chakra of Ashoka.”

Dharma, Personal Laws and Uniform Civil Code:- Implementation of the Uniform Civil Code as per Article 44 of the DPSPs of the Constitution is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of laws governing every citizen. The need for a Uniform Civil Code originates from the very definition of secularism. It became one of the most controversial topics in contemporary politics during the case of Mohammed Ahmed Khan vs Shah Bano Begum and others in 1985. The nature of Dharma is such that it’s liberating rather than binding. The essence of the principles of the Dharmashastras is in their ability to accept diversity and still give a sense of unity. Uniformity is against diversity, and naturally, for a country as culturally and linguistically diverse as India, such an externally and forcefully induced uniformity cannot be accepted. If rightly studied and understood it is easily notable that respect for individual faiths is inherent in the basic definition of Dharma. Only a society based on this pure understanding of Dharma in its original sense can hold all of its people together, bound under one uniform law without hampering the sense of individuality and diversity in India.

Dharma and Other Socio-Legal Issues:- Dharma is neither a cult nor a creed nor a “code” in the sense of Western jurisprudence. It is rather a law of life and the true ideal of living which commands social ordering. The law of Dharma is neither static nor rigid nor absolute; but relative, dynamic, evolving and ever changing according to the development and contemporary needs of society.

Principles of Dharma have the power and capability to deal with and resolve many socio- legal issues, such as Feminism and right to equality for women, Political mismanagement in the country, Education disparity and lack of opportunity, Achieving a true state of Secular Democracy, Corruption and delay in justice and Internal and international border disputes, etc

The law of Dharma in ancient India made a successful attempt at building an organized social life wherein each individual realized his duties, obligations and goals within the scope of social norms and morality. It is rightfully the supreme law, which can sustain individuals together in not just our country, but in the world as a whole.

अयं बन्धुरयंनेति गणना लघुचेतसाम् उदारचरितानां तु वसुधैव कुटुम्बकम् ॥

Translation:- The distinction “this person is mine, and this one is not” is made only by the narrow- minded, the ignorant and the people who are in duality. For those of noble conduct, who know the Supreme eternal Truth, the whole world is one family. This Upanishad mantra is not merely a geo-politico-socio-cultural statement. It is a matter of fact.

REFERENCES:-

1. S.R. Bommai v. Union of India, AIR 1994 SC 1918; (1994) 3 SCC 1
2. "Dharma under Indian Jurisprudence," BNW Journal (Mar 30, 2025), Link
3. Ibid
4. N. P. Amrutesh & Anr. v. State of Karnataka & Ors., (2005)
5. Mohd. Ahmed Khan v. Shah Bano Begum & Ors., AIR 1985 SC 945; (1985) 3 SCR 844.
6. Manusmruti Chapter 9 Verse 3-6, Furman University (Mar. 31, 2025), Link.
7. Ibid
8. Maha Upanishad Mantra VI.72, Periva Proboards (Mar. 31, 2025), Link
9. Hitopadesh (1.3.71), Vasudaikakutumbam (April. 2, 2025), Link

The author affirms that this article is an entirely original work, never before submitted for publication at any journal, blog or other publication avenue. Any unintentional resemblance to previously published material is purely coincidental. This article is intended solely for academic and scholarly discussion. The author takes personal responsibility for any potential infringement of intellectual property rights belonging to any individuals, organisations, governments or institutions.

Authored by Anushree Jha, A Student of BBA-LLB (Hons.)

University of Mumbai, Thane Sub-Campus.