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.
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Bengaluru: Justice Krishna S Dixit of the Karnataka High Court, while delivering the V Tarakaram memorial lecture on the topic ‘Law and Dharma’ on Monday, emphasized that Dharma has historically been the foundation of much of India’s legal system.
He highlighted that Dharma, which the Supreme Court has recognized as a way of life, has significantly influenced not only the constitutional law of India but also international law.
Justice Dixit pointed out that every segment of society harbors some degree of fanaticism, though it varies in intensity. He reflected on Dr. B.R. Ambedkar’s efforts in the 1950s to reform personal laws, noting,
“In India, Dr. Ambedkar tried to revolutionise personal laws in the 1950s. He could bring about a lot of changes in the Hindu laws.”
However, he observed that Dr. Ambedkar faced resistance from a small section of the Muslim community who opposed changes to Islamic law, thus limiting the scope of his reforms.
Drawing a parallel to historical resistance to social reforms, Justice Dixit cited the example of the abolition of Sati during British rule. He mentioned how, despite the good intentions behind the legislation passed by William Bentinck to prohibit Sati, there was considerable backlash, including the burning of Bentinck’s 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,”
-he remarked, illustrating the powerful grip that religious beliefs can have on societal practices.
Justice Dixit also discussed the ancient Indian texts, Manu Smriti and Yajnavalkya Smriti, as key sources of law and Dharma. He explained that Manu Smriti outlines principles of personal conduct (Achara), interpersonal conduct (Vyavahara), and penal codes (Prayaschitta), which were later endorsed by the sage Yajnavalkya.
Justice Dixit praised Yajnavalkya’s contributions, noting that his work was further elaborated upon by Vijnaneshwara, a Kannadiga scholar, in the form of the Mitakshara, a commentary that remains influential in the interpretation of Hindu law.
In a critique of modern society, Justice Dixit expressed concern over the influence of superficial information sources, such as WhatsApp, on public opinion and decision-making processes. He lamented,
“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?”
The event was also attended by S Abdul Nazeer, the Governor of Andhra Pradesh and former Supreme Court judge, Chief Justice of Karnataka High Court NV Anjaria, and senior advocate DLN Rao.
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