Overview
Here, we will be discussing Sources of Law in Ancient India: Concept and Sources of Dharma , Vedas , Dharamsutras and Dharmashastra, Types of Court and Procedures. we are going to understand the sources of law in ancient India, where the law was diverse and evolved. Here we will also see some of the complexity of the society and how the culture, religious, and philosophical things helped in this. Now let us recall some of the key sources of law in ancient India in brief.
DHARMA
The term dharma refers to the moral, ethnic, and religious duties that are made for an individual and a group of people which conduct the societal norms, and it is governed by every people. The sources of dharma were morality and ethnicity, social orders and harmony, personal liberties, etc all these are laid down in some books like Dharmasastra in which some legal ancient Indian texts codified the principle of dharma.
VEDAS
Vedas are also the oldest sacred ancient Hinduism text, which is a foundational text of Hinduism’s tradition and religious philosophies. Which was written by the ancient sages through divine revelation. In the text of Vedas many hymns, rituals, and philosophical teachings have been written in Sanskrit language. There are four kinds of Vedas which are, Rigveda(1500-1200BCE), Samveda, Yajurveda, and Atharvaveda. All these Vedas played crucial roles in shaping Hindu religious practices, and rituals.
DHARMASUTRAS AND DHARMASHASTRA
These two text of ancient India is a broader part of Hindu legal literature which is usually known as dharma literature. The text dharmasutras are very oldest text that provides guidelines related to the social norms, rituals, and legal conduct of society. Where dharmasastra is a more systematic and comprehensive treatment of legal principles and social norms.
In dharmasutras, these works include, authoritative text to guide an individual and provide Hindu legal and social norms. Whereas, dharmasastra addresses distinct aspects of life which include family law, crime, punishment, governance, and caste duty.
TYPES OF COURT AND PROCEDURES
In ancient India the court procedure and system of courts were distinct but, its administration provided justice and resolved disputes between the parties. These courts and procedures varied based on distinct cultures, and the social and political landscapes of ancient civilization. Now let’s see the types of courts and procedures in ancient India.
There were many courts like
- the Raja/Samrat’s court where the judicial authority was handled by the king, and the advisors were the ministers and learned Brahmins.
- Panchayat where justice was given by the village-level council in which the respected elders were the head of the community, they solved disputes at the local level.
- Nyay court where the procedure was held by specialized courts which was dedicated to the administration of justice and the principle applied was legal principle.
- Dharmasthal where the disputes were solved by the religious center according to religious and ethical principles.
So, these were the different types of courts and procedures of ancient India.
CONCLUSION
Overall we can conclude here that the legal system also existed in ancient society which was followed by a mix way formal and informal. In which the entire community participation and the principles were laid out by religion and the rule of law. However, we have also seen that there were specific types of courts and procedures that have the goal to ensure justice, fairness, and social order in the entire society.
REFERENCES
https://legalserviceindia.com/legal/article-14843-sources-of-law-and-society-in-ancient-india.html
