Bengaluru: Dharma was the source of much of law in India, Judge of Karnataka High Court Justice Krishna S Dixit said on Monday. He was delivering the V Tarakaram memorial lecture on ‘Law and Dharma’.
Justice Dixit said that all sections of society have some element of fanaticism, although they are to varying degrees.
“In India, Dr Ambedkar tried to revolutionise personal laws in the 1950s. He could bring about a lot of changes in the Hindu laws.
"The Hindu Code came to be enacted, but he could not succeed in convincing a small section of Muslims who did not agree for improvements and developments in the Islamic law,” he said.
Citing a similar backlash, he referred to the prohibition of Sati.
“During the British Raj, when William Bentinck passed the legislation in the council prohibiting the practice of sati, people burned his effigy. This is the captivating effect of religion on any community. Whichever is the community it is difficult to escape the ‘Kabandha Bahu’ of religions,” Justice Dixit said.
In the Indian context, there was no discrimination in real dharma, Justice Dixit said. “Dharma was treated, and as rightly held by the Supreme Court, as a way of life. The Dharma in this country was the source of much law. It was the source of constitutional law. It was the source of international law,” he said.
Justice Dixit cited the Manu Smriti and said it teaches the common citizenry the achara (personal conduct), vyavahara (inter personal conduct) and Prayaschitta (penal code). He further said that Manu’s version was approved by another saint Yajnavalkya, considered to be the great law giver. Yajnavalkya Smriti is full of law, full of dharma and how to interpret law, he said.
“Yajnavalkya endorses what Manu said. Vijnaneshwara, a Kannadiga, wrote a commentary on Yajnavalkya Smriti titled ‘Mitakshara’, meaning limited letters. That is the greatness of this country. But, we have been swayed away by all the cheap writings. We look into WhatsApp writings, we form opinions and on that opinion elections take place, governments are formed, policies are formulated. How will the country prosper,” he said.
Governor of Andhra Pradesh and former Apex Court Judge S Abdul Nazeer, Chief Justice of Karnaaka High Court NV Anjaria, senior advocate DLN Rao were present.