Introduction:
Before Buddhism
established its roots in the Ancient Indian Subcontinent, religious customs and
ethics were considered as primary tools to govern the social and political
norms of the society. The basic principle that regulates the actions of the
whole society is inherent, i.e., Dharma (generating all authority from the
divine origin).
Indian society was
divided in the very draconian way based on the principle of by birth
privileges. The atrocities against the
lower caste were common phenomena. This
compelled the stakeholders of that time to bring a change that could emancipate
oppressed classes from further exploitation. Thus, the birth of Buddhism took
place with the goal to make the problems of society redressed non-violently.
This blog aims to
elucidate how Buddhism did not merely emerge as a religion but, most
significantly, how it influenced and brought reformation in ancient Indian
society through various revolutionary dynamic changes in the realm of law,
ethics, and culture. Further, the Blog
will also analyse how even after the decline of Buddhism, the impact of change
it produced continues to be relevant in
the contemporary society's norms.
Pre-Buddhist Legal System
in Ancient India:
The concept of Dharma was
considered vital in the ancient Indian legal system. The source of all the laws was from the
divine origin, which means all laws that regulate the society and its members were
not human-made but solely emerged or associated directly or indirectly from the
almighty.
The first very important sources
were “Smritis,” which were secondary sources and are collections of precept and
hymns written by rishes or sages of antiquity. These sources contain ethics and
moral behaviour prevalent in the ancient Hindu society, and all the provisions
under these sculptures are subjected to the principle of morality,
One of the most important Smriti was Manusmriti, also referred to as the Law of
Manu, which is considered to be written by the ancient sage Manu. This scripture's
profound description of the code of conduct which governs the life all the
Individuals in the ancient Indian society, it provides six-fold goal of Human
life in life inspired by Dharma.
This ancient text considered achieving spiritual
liberation to be the foremost goal of all Individuals' lives. Moreover, there were some very controversial and
discriminatory features of this text. The most important one is that it declares
Shudra and untouchables to be inferior and entrusted the most disgracing works
to them. This text also treats women as second-class
citizens by taking away their right to acquire knowledge of sacred scriptures and
also excluding them from acquiring personal property.
The other very important source includes “Shastras”
which are important texts or treatise which contain knowledge of almost all
aspects of the life starting from law and ethics to Philosophy and morality.
These texts are still considered very sacred since they are deemed to have originated
directly from the divine revelation. The important Shastras include Vadas, Upanishads,
Puranas, and Dharam shastras.
Dharamshastras are the primary
source of law, ethics, and morality that provide a code of conduct for all aspects
of life. It is not a single text but a collection
of various texts that evolved throughout the ancient history in different periods.
They are the best texts to understand the social and political norms prevalent during
that period.
The last but not least
source prevalent in ancient Indian society were “Sutras” that is compact and precise
text written with the objective to preserve the essence of ancient Indians
texts especially vedas. The most important sutra, as we all know, is Dharmasutra,
which was written to preserve all the norms and codes prevalent in various Vedic
schools.
Buddhist Philosophy and
its Legal Implication:
Buddhism emerged in the 6th
Century BCE not merely as a spiritual revolution but, most importantly, as the
medium of bringing reformatory changes in the ancient Hindu social and legal arena.
Buddhism provided five ethical precepts that later become the core of ancient Buddhist
society. These five precepts are as follows:
i.
Principle of Non-violence: Buddhism
strongly advocates its practitioners from restricting themselves from
non-violence or Ahinsa and believe in promoting harmony in the society.
ii.
Prohibit stealing: Buddhism strictly
prohibits its practitioners from stealing or Adinnadana. It considers theft and
dishonesty as evil practises that can create a detrimental impact on society.
iii.
Restrict Sexual Misconduct: Buddhism strictly
censures censure from doing misconduct or from demonstrating fatal sexual behavior.
This principle aims to promote modesty and morality in society.
iv.
Refrain from False Speech: Buddhism
believes in the notion of truthfulness and condemns any form of hate or false
speech.
v.
Prohibit Consumption of Intoxicants:
Buddhism restricts its practitioners from taking alcohol or anything
that impairs human mindfulness.
Buddhism
also advocated for the eight-fold path, which is the core of its philosophy and
an imperative tool for the guidance of the whole society. These eight-fold paths
are: Right view, Right Intention, Right Speech,
Right Action Right Livelihood, Right effort,
Right Mindfulness and Right Concentration.
Through
this teaching, Buddhism challenged the rigidity of the case system prevalent in
the society. The notion was that deciding the status of any individual without
any rational justification based on birth is against the nature of law and justice
and, thus, must be censured. Buddhism
raises its voice in favour of the exploited class of individuals against the Brahmanical norms, customs, and traditions.
This
led to the development of distinct sets of ideas for the reforming of society,
changing their perception on belief and practices prevalent in the ancient Hindu
society. Buddhism, by challenging the principle of the inherent or divine origin
of the laws and social traditions, brings a revolutionary notion which have the
capacity to change the social and political setup of ancient society in its
entirety.
Buddhism's
Influence on Legal Reforms:
Buddhism,
by establishing the democratic institution of Sangha or social monasteries, brings
imperative social and legal reforms. These sangha were regulated through consensus
building rather than the decision of a single individual or group of some elite
monks. Buddhism, by permitting the members of all communities (Untouchables and
women) in the monasteries, challenges the century-old discriminatory notion of
Brahmans dominating Hindu society.
Buddhism
gave birth to the phenomena that aim to minimize or neglect punitive measures
and promote the idea of reformatory justice. They place the argument that No
Individual shall be punished without really confirming their guilt through
lawful scrutiny. The Reformatory justice was adopted by Buddhism to promote
personal development and spiritual enlightenment.
Buddhism
profoundly propagates the idea of laws of Justice and equity and thus strongly
argues that even the King is subjected to the law of justice and accountable for
all his actions and cannot escape from the liability that arises out of his
wrong deeds. The teaching of Buddhism also strongly condemns treating a king as
having divine origin, like denoted by the title like Devputtas and Devtas,
which demonstrate that all action of King is righteous even if harming the
interest of innocent.
Buddhism's
role in Reforming the status of Women
Buddha's
decision to permit the women to be included in the sangha or monasteries challenges
the well-established patriarchal norms in the ancient Indian society. Buddhism
not only allowed women’s participation but also encouraged them to acquire education
and become self-sufficient in all the realm of life. The Buddha also pronounced
that women, like men, can attain Nirvana or salvation by dedicating themselves
to understanding the true essence of life.
The
other legal reforms Buddhism brought to reform the delicate condition of women
in Ancient Indian society was to include a principle that restricts sexual
misconduct in its five most important precepts. The inclusion of this principle
not only enhances the dignity of woman but restrict oppression and evil like
adultery and molestation common in the society at that time.
Conclusion:
Buddhism,
which emerged in the 6th century BCE, apart from reforming the
notion of spiritual liberation, also laid the foundation stone of reformation
in legal norms, customs, and traditions in the society. Further, Buddhism, by challenging
the exploited norms of ancient Indian society, like the inclusion of women and
untouchables in the sangha and questioning the authority of king, influenced
the oppressed members of society to support and adopt the teaching of Buddhism.
Even
after the decline of Buddhism, with the emergence of the Bhakti movement, it
did not lose its significance when it came to social and legal reforms. The teaching
of this reformist movement has been inculcated in the society. The legal
reforms that Buddhism suggested not only improved the condition of the ordinary
members of the society but made them realize the importance of understanding the
objective of their life which became the base for all the social and legal
reforms.
References:
1.
https://plato.stanford.edu/entries/ethics-indian-buddhism/
3.
Varanyana, & Yeshpal, Dr. (2024).
Exploring the Political Dimensions of Buddhism: Beyond Religion. International
Journal of Research Publication and Reviews, 5(3), 3153-3156. https://www.ijrpr.com
4.
https://www.dhammausa.com/2024/09/social-reforms-introduced-by-buddhism.html?m=1
5.
Turdiev, B. S., & Kleiner, T. (2024).
The Evolution of Political and Legal Thought in Ancient India: A Historical
Perspective. Irish Interdisciplinary Journal of Science & Research, 8(3),
01-11. https://doi.org/10.46759/IIJSR.2024.8301
7. https://feminisminindia.com/2021/04/22/women-participation-in-buddhism/?utm_source=chatgpt.com
BY: AZIZ UMAR
1st Year B.A. LLB Student at Faculty of Law, Jamia Millia Islamia, New Delhi