Today, I stand before you to explore the intersection of sanaatan dharm and modern law. As we navigate the complexities of our contemporary world and peep into the future, it is essential that we revisit the basis, objectives, principles, and path of sanaatan dharm and modern law and work out a collaborative sanaatan jurisprudence.
I seek the indulgence of this august gathering to excuse me for two conscious misdemeanors. One is changing the subject of the session. I have substituted Modern Law and Sanaatan Dharma with Sanaatan Dharm and Modern Law, as Sanaatan Dharm came much before the modern laws, so it should have precedence over the later. Secondly spelling of certain Sanskrit words that have no corresponding English word have been changed to the way they should be actually read by common man like me and not scholars in this gathering. A departure from some pronunciation standards, established by some group of people, has being made as an incorrect pronunciation of any word produces a different thought and leads to complete misunderstanding of the word content.
Every word has content, color, vibration,
numerology, and meaning which is totally lost if it is not pronounced and felt
currently, Brahm and Brahma, dharm and dharma, karm and karma, yog and yoga,
vaishye and vaishya have totally different contents, impacts and meanings.
There are three marked distinctions or
fundamental differences between sanaatan dharm and modern laws. This
distinction has led to religions based on personal experience through
traditional knowledge system on one side and religions based on books or
Abraham religions on other side. These distinctions are at the base of eastern
and western philosophies, culture and heritage, thinking process and the
sanaatan dharm and modern laws. These three issues are:
1. Concept
of time: Sanaatan dharm believes in cyclic spiral time and quantum existence.
Modern law believes in lateral time and lateral living.
2. Purpose
or objective of life: Sanaatan dharm believes that realization of Self or the
divine cosmic energy within us is the purpose or objective life. At the base of
modern laws, the roots of which goes to conflicts is divisiveness, clash of
civilizations and classes, achieving power for dominance and control over
others and exploitation of nature for luxurious existence.
3. Path
or the process of achieving the purpose or objective: At the base of sanaatan
dharm is the great principle of karm. Everyone has to perform their own karm to
one’s own perfection and enjoy the bliss in performing whatever work one gets
in hand and that itself leads to de-toxification, purification, spiritual
growth, experiencing and realization of the cosmic self within us. Mutual
respect, conflict free individual and a conflict free society. The modern law
is external, based on conflicts. Man vs. nature, dominant vs. subservient,
superior vs. inferior, ruler vs. ruled, kings vs. churches, male vs. female,
white vs. rest, employer v. employees, rich vs. poor.
Concept of Time: At the heart of sanaatan dharm lies the concept of kaal chakr, or cyclic spiral time, without a beginning and without an end. At the heart of Abraham religions is the lateral time, which has a beginning and will end on the day of judgment or kayaamat ka din.
In sanaatan narrative of cosmic interplay
which the western call as mythology the smallest measurement is the time taken
by a sun ray in moving through three atoms and is called truti, which is
10 raised to power of minus 17 x 3.375 sec. What can be more scientific that this. Truti leads to
pal, pal to vegh, laav, nimesh, kshan, kshta, laghu naadi, muharat, prahar,
paksh, maas, ritu, aayaan – dakshinayaan and uttarayan and a year, divine
year, life of devta which is 432,000 years or a kali yug or single unit. A maha yug is composed of one Satt, Treta,
Dwapar and Kali and is 4,320,000 years. Each manvaantar has 71 maha yug
and 1 sat yug. Each kalp has 14 manvaantar and 1 sat yug is a Brahm day
has 1000 yug. One Brahm year has 360 Brahm days the lifespan of a Brahm
is 100. Brahm year equivalent to 311.040 trillion years. This kaal
chakr signifies and establishes beyond any doubt, that the Brahm is also
bound by cosmic laws or laws of cosmos. Brahm is bound by a structured cycle,
with no escape. With awakening of the Brahm’s manifestation undergoes the
ardh-naareshwar split, dividing into two fundamental aspects:
1. Purush:
The immutable, imperishable, absolute truth, blissful which is the true nature
of the self within every individual jeev.
2. Prakriti:
The mutable, ever-changing aspect, comprising the physical world, including the
human body, mind, intellect, ego, and their countless attributes, attitudes,
aptitudes.
The primary objective of sanaatan dharm is to
guide every being in realizing and experiencing the Self or Purush within. This
ancient philosophy provides a comprehensive framework for understanding the
ultimate truth, enabling seekers to attain self-realization through surrender.
Sanaatan dharm focuses on resolving internal conflicts, helping individuals
become conflict-free by acknowledging and respecting the differences inherent
in prakriti. By embracing this way of life, individuals can realize their true
nature and attain liberation. Sanaatan dharm or Hinduism, is therefore a way of
life designed to facilitate self-realization and help other achieve their
objective. Sanaatan dharm, therefore, provided for various aspects of
self-evolution, including:
1. 1. Responsibilities
and obligations for rulers, spiritual leaders, traders, and workers
2. 2. Yogic
practices and spiritual disciplines - Scriptural guidance from the:
a. Ved
b. Brahm Sutr
c. Nyaaye
Sutr
d. Manu-smriti
e. Yaagyvalk-smriti
f. Naarad-
smriti
g. Brihaspati-smriti
h. Katyaayan
Smriti
i. Smriti
Chandrika
j. Mimansa
k. Raamaayam
l. Mahaabhaarat - My
learned panelist Shridhar has done an outstanding work on maxims from Mahaabhaarat
m. Shrimat
Bhagwad Geeta
n. Mitakshara
o. Dayaabhaag
p. Hindu Law
The modern law is external, based on
relationship. Every relationship is based on trust. Every breach of trust leads
to injury. For every injury that must be a forum for recovery of damages and
damages must be recovered. Ubi jus ibi remedium and damnum sine injuria
in civil disputes and penal action in criminal breach.
The history of Modern Law can be expounded in
five time zones or revolution
a. Pre
1215 – No legal structure - Rules made and litigation adjudicated by family
head, Tribal head or the King – Royal Charter – Justice was raw, centralized
and embodied in social hierarchies - Legal Revolution 1.0
b. 1215
– 1775 - Magna Carta arises out of conflict between Royalty and church.
Rise of Rule of law, cubing monarchical power, Codification of Laws – Rise of
Corporations – Britain, Dutch, France, Spain – Legal Revolution 2.0
c. 1776
– 1985 – This period witnessed judicial independence, the rise of individual
rights and constitutional democracies after the American and French
revolutions. Legal system emphasized personal freedoms, equality, and justice,
reshaping the relationship between the sate and the citizens – Legal Revolution
3.0
d. 1985
– 2020 – Globalization expanded the legal landscape beyond national borders
introducing ADR. This era saw cross border mechanism for resolving disputes,
reflecting an interconnected world and need for flexible collaborative justice
approaches - Legal Revolution 4.0
Legal Revolution.5.0 – 2020 Onwards - A
collaborative Jurisprudence - Cosmic Covid kick has shifted the human
consciousness from 3rd dimension existence of the humanity to 4D and 5 D,
particularly the mordenites and post – mordenites to human centered dispensation
of justice, which is at the core of sanaatan dharm. Shift from adversarial
litigation to conflict solving with empathy for intended beneficiaries and
stake holder. The need to have an integrated view of the whole, cross border
collaboration to manage global healthcare had led to the development of collaborative
jurisprudence. For the west they have no option but to change and we see their
accepting the yog day and getting deeper into and accepting aayurved and
meditation and necessity for meaningful existence.
