The term "rule of
law" refers to a fundamental principle that emphasizes the supremacy of
the law and the equal application of laws to all individuals within a society,
regardless of their status or influence. It ensures that the legal system
operates in a fair and just manner, protecting the rights and liberties of
individuals while maintaining order and justice.
When examining the
Ramayana, an ancient Hindu epic, the concept of the rule of law can be observed
in various ways. In the Ramayana, Lord Rama, the protagonist and an avatar of
Lord Vishnu, is depicted as an ideal ruler who upholds righteousness and
adheres to the principles of dharma (duty or moral law). Rama's commitment to
dharma, as defined by the societal norms and moral code of the time, can be
seen as a form of adherence to the rule of law.
Further, Rama's actions in
the Ramayana exhibit respect for the established laws and traditions of
society. For instance:
Rama's
obedience to his father's command: When King Dasharatha, Rama's father, orders him to go
into exile, Rama willingly complies, showing respect for the authority and the
law of the land.
Rama's
adherence to dharma:
Throughout the epic, Rama demonstrates his commitment to righteousness and
upholding societal norms and values, which can be seen as an embodiment of the
rule of law as per the cultural and religious context of the time. The decision
of sending his wife Sita to the jungle, despite the fact that she is his first and
last love and without her, he is nothing, is a great example.
Rama's
reliance on counsel:
Rama consults with his advisers, such as his brother Bharat and Lakshmana and
the sage Vishwamitra, before making significant decisions, reflecting a form of
due process and respect for wise counsel.
Additionally, Rama upholds
the principles of justice by treating all individuals fairly, regardless of
their social status. He values the importance of due process and listens to the
counsel of his advisers when making decisions, indicating a commitment to a
system of laws that governs his actions.
The Difference Between the Concept of Rule of Law Practiced in Ramayana and What Today We Have
It is important to note
that the concept of the rule of law in the Ramayana is rooted in the cultural,
religious, and social context of ancient India. The present concept of the rule
of law has evolved over time and varies across different societies and legal
systems.
|
Basis |
Rule
of Law Practiced in Ramayana |
Rule
of Law of Modern Era |
|
Emphasis on individual rights |
The ancient
understanding in the Ramayana focuses more on upholding societal norms and
dharma and the focus on individuals’ rights was a secondary aspect. rather than
individual rights. |
Whereas the Modern rule of law places a strong emphasis on safeguarding individual rights
and liberties,. |
|
Equality
and non-discrimination |
In the Ramayana, the concept of the rule of law was in
practice and can be seen in totality. It was not like today’s concept, which is objectively documented and defined. |
The present concept of the rule of law emphasizes
equality before the law and equal protection of laws; likewise, prohibits
discrimination based on factors such as race, caste, gender, color, place of
birth, or social status. |
|
Transparency and accessibility |
In the
Ramayana, the legal system operates within the framework of societal norms
and religious texts; and, there was not any separate and specified document
to deal with it. Because of this, it was difficult to observe the level of
transparency and accessibility. |
On the other
hand, the modern rule of law promotes transparency in the legal system
through well documented and exclusively designed system. Likewise, it ensures
that the available laws are clear and accessible to all and also flexible, as
whenever required, it can be amended as per the convenience of the society at
large. |
|
Provision
of a Separate and Independent Judicial System |
In the Ramayana, the ultimate authority was the
King. He used to be the head of all legal and administrative systems, de jure as
well as de facto. |
Whereas, in the modern era, there is a separate and
independent judicial system, which responsibility is not only to procure
justice but also to protect individuals’ rights and freedom and review the
legislature’s and executive’s actions. |
|
Separation of powers |
In the
Ramayana, the ruler holds significant authority and power, acting as the
final arbiter of justice, without a clear separation of powers. |
The modern
concept of the rule of law involves a separation of powers among the
executive, legislative, and judicial branches of government. |
|
Presence
of Documented Constitution |
In Ramayana, the ruling of dharma and
dharma-garanth was paramount. |
Whereas, in the modern era, there is separate
supreme law (technically known as “the Constitution”), which is separate from
dharma and dharm-granth. |
Conclusion
While the concept of the
rule of law in the Ramayana shares some similarities with its modern
counterpart, it is important to recognize that the understanding and
application of this principle have evolved over time. The contemporary rule of
law seeks to ensure justice, equality, and the protection of individual rights
within a legal framework that is impartial, transparent, and accessible to all.
Moreover, the modern rule
of law requires that the legal system be transparent, predictable, and
accessible to all members of society. It demands an independent judiciary that
can interpret and apply the law impartially, free from undue influence or
interference. Additionally, the rule of law in the present context involves a
separation of powers, where the executive, legislative, and judicial branches
of government operate independently, acting as checks and balances on one
another.
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