What are DHARMA SASTRAS

Manu temple, Manali, Himachal is the only Manu temple I found during India travels.
  • This includes what are Dharma Sutras, Dharma Sastras or Smritis, Meaning of the word Smriti, which are the main Smritis & content, criticising Manusmriti and difference between Shruti and Smriti. Since India adopted a colonial system, most Indians unaware of the Dharma Sastras.

I wanted an introductory essay on what are Dharma Sastras. Reached out to some publications but none had article on subject. So referred to Bhavan and Ramakrishna Mission books for information (Ref 1 and 2). All credits to them, my knowledge on the subject is zero.

 

First names of chapters in volume 2 of The Cultural Heritage of India published by the Ramakrishna Institute Mission of Culture (RIMC) give you an idea of number of Smritis. The chapters are, ‘The Dharma-Sutras and The Dharma-Sastras, The Smrtis: Their Outlook and Character, The Manu Samhita, The Nibandhas, Penances and Vows, Hindu Samskaras, The Historical Background and Theoretic Basis of Hindu Law and the Hindu Judicial System. 2

 

RIMC- “The important content of the Dharma-Sutras may be briefly noted here. They are: the sources of dharma – the Vedas, the Smritis, and the time honoured practices of the great. The Dharma-Sastras or Smritis also deal with these topics in a more analytical and systematized form under three main heads: acara (rites), vyasvahara (dealings) and prayacitta (expiation).” 2 Pg 302

 

Bhavan- “The Dharma-sutras were manuals written by teachers of Vedic schools for the guidance of pupils. It was not till a later period when they were acknowledged as authority all over India. The Smritis were declared to be of divine origin. The commentary of Medhatithi on the Manu-smriti belongs to the 9th century, of Govindaraja to the 11th and of Kulluka, probably to the 13th century.” 1 Pg 256 However, Smritis were meant to change with time.  

 

“The Dharma-sutras covered the period from about 6th-3rd century B.C. The Smriti works follow almost immediately afterwards and extend over a period of 800 years or more.” 1 Pg 255

“The Dharma-sastras, also called Smritis played an important part in Hindu life in the last 2000 years. Although the Vedas are regarded as the ultimate sources of dharma, in practice it is the Smriti works to which Hindus over India turn for religious duties and usages. They are the only authentic sources of Hindu law and social customs.” 1 Pg 255 Smritis are different from Shruti.

 

Briefly difference between Shruti and Smriti

V Srinivas, author of Awakening the Nation-Rediscovering the spirit of India with Swami Vivekananda wrote, “SHRUTI (core) represent Eternal Values of our civilization (to be held on to at all times). SMRITI represent Ideas, rituals and conduct varying spatially and temporally (to be evolved over time).

Swami Vivekananda spoke, “The firth class of truths is chiefly embodied in our Vedas, our scriptures; the second in the Smritis, Puranas etc. Eternal truths, being based on the nature of man, will never change so as man lives. But the Smritis generally speak of local circumstances, of duties arising from different environments, and they change in the course of time.” Lectures Colombo to Almora 81-82.

 

What are Smritis?

RIMC- “The word smriti mean memory or recollection of what was previously cognized; and the Smriti works are the recorded collections of those great sages who had deeply studied the Vedas and mastered their precepts.” 2 Pg 312

 

What is contained in the Smritis briefly?

RIMC- “There is involved in the Smritis much more than the civil and criminal laws, the rules of inheritance, and the laws of marriage and families. Every detail of the daily life of the individual is included in the Smriti literature; besides social arrangements, with all the social institutions. The king’s duties in relation to internal and external affairs of the country are also included. ” 2 Pg 315

 

Which are the main Smritis and their content?

The Manava Dharma-sastra or Manu smriti is the most well known of the smritis. Author and former diplomat Pavan Varma wrote in the Hindustan Times, “Modern scholarship, however, places its composition broadly in the period between the second century BCE and the second century CE.” 3

 

There is difference of opinion among scholars on the date of other Smriti works. Kane, the latest writer on the subject gives dates 1 Pg 257 as –

 

Name of Smriti

Kane view A.D.

1. Yajnavalkya.

100-300

2. Narada.

100-400

3. Brihaspati.

300-500

4. Katyayana.

400-600.

 

Manu-Smriti and Arthasastra

RIMC- Manu Smriti is the most ancient and authoritative works among the extant metrical works on dharma. 2 Pg 309

 

Bhavan- Manu enumerates four sources of law viz. Sruti or the Vedas, Smriti, customs of holy men and one’s own inclination. He makes it clear that in case of conflict between Sruti and Smriti, the former will prevail. “But Kautilya lays down that ‘Dharma, Vyavahara (contract), Chatritra (customs) and Rajasasana (royal decree) are the four legs of law, each of which is of superior validity to the one previously named.” 1 Pg 335. Thus, king becomes the highest authority for promulgating law. Still more revolutionary is Kaultilya’s dictum that ‘whenever sacred law (Sastra) is in conflict with rational law (Dharmanyaya), then reason shall be authoritative.” 1 Pg 336

 

“Manu gives a regular classification of the law, under 18 heads or titles e.g. non-payment of debt, deposit and pledge, non-payment of wages, disputes regarding boundaries, defamation, inheritance, gambling etc. Almost all these items occur in Artha-sastra but are not specified in a systematic manner.”  1 Pg 337

 

Kautilya date is generally assigned to 3rd century B.C. while “Manusmriti to “broadly in period between the second century BCE and second century CE.”

 

RIMC- “Kautilya Arthasastra contains discussion on dharma in section called Dharmathiya which deals with vyavahara in detail. Both think differently for e.g. Manu says that the son of the first three castes by a Sudra woman does not inherit father’s property while Kautilya allows him a share. Manu prohibits remarriage of widows while Kautilya allows. Kautilya allows a wife to desert her husband if he is of bad character etc. Kautilya allows divorce etc. Manu condemns gambling which Kautilya allows under state control. 2 Pg 308 

 

So different Smritis had different views. Now other key Smritis.

 

Yajnavalkya Smriti

Matter is divided into Judicial Procedure, Civil Law and Criminal Law. 1

 

Bhavan- More important than Manu-smriti are Yajnavalkya Brihaspati Smritis while Narada-smriti is completely legal work. “In Yajnavalkya, as in the other Smritis, the law enforced by the courts of justice is, first and foremost, that of the Smritis. But this is supplemented by equity and customs.” 1 Pg 345

 

RIMC- “The doctrine of Karma is not fatalism. Sage Yajnavalkya says that the fruition of an act depends on human effort and the favourable factors created a man’s own previous actions.” 2 Pg 311

 

Narada Smriti

It is based upon the extant Manusmriti, but has number of original features. “The description of the courts of justice are more elaborate than in the preceding two smrtis. According to Narada, the eight members of the court of justice are the king, his righteous officer (satpurusha), the assessors (sabhyas), the law (sastra), the accountant and the scribe (counted as one), gold, fire, and water.”  1 Pg 348

 

Brihaspati-Smriti

“This work has been proved to be a Varttika on the Manu-smriti, as he explains, amplifies and occasionally modifies its rules on various topics.” 1 Pg 352

Criticism of Manusmriti

We must realise that it is a Smriti and not a Shruti. Also, know difference between the two. Shruti are revealed texts for e.g. the Vedas. Smritis are texts which were remembered and copied. Smritis are that which change with time. What was relevant some 2,000 years ago need not be relevant in 2026.

 

Pavan Varma wrote, “It is important to remember that the smriti is not a homogenous text, and contradicts itself often, indicating it had more than one author, and additions made over time.” 3

 

Read  What is the difference between Shruti and Smriti    

 

Pavan Varma wrote, “Nor should Manu be mistaken for the whole of Hindu civilisation, for there is no single uncontested Hindu legal code. On the contrary, the Hindu intellectual tradition is astonishingly plural. The Brihadarayanka Upanishad recounts the episode where in a large assembly of learned men called by King Janaka of Videha, Gargi openly questions the most prominent and leading sage, Yajnavalkya.” 3

 

Read  Hindu women who contributed to Indian Knowledge Systems  

 

Cherry picking a verse in isolation from any Dharma Sastra to score brownie political points may result in a temporary controversy but means little.

 

The reality is Indian society and Indics, have changed with time whilst others are stuck. Read  How the Church of England Kept British Women in Darkness and Comparing Inheritance Laws for Hindu and Muslim Women

Indians must accept that one Smriti may be contrary to another. Indics believe in diversity, not a one fit all approach.

 

By adopting the colonial system of governance and secular education, most Indians do not know about the contents of the Dharma Sastras esp. with respect to governance. 

 

Also read and References

1. History and Culture of the Indian People published by Bharatiya Vidya Bhawan Volume 2

2. The Cultural Heritage of India published by the Ramakrishna Institute Mission of Culture Volume 2

3. Pavan Varma wrote on Manusmriti and its many contradictions in the Hindustan Times.

4. What is the difference between Shruti and Smriti

5. What is the meaning of Shruti and Smriti    

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