When Law Forgets Dharma: Civilizational Crisis in Hindu Personal Jurisprudence

A society that forgets its Dharma—its religious, cultural, and historical foundations—risks losing the very principles that safeguard its prosperity, security, and coherence. Without a deep awareness of its civilizational roots, a nation cannot meaningfully protect life, property, or the moral fabric of its society.

The current framework of Hindu personal law in India stands at a crossroads. Much of what is today classified as Hindu personal law is not an organic extension of Sanātana Dharma or derived faithfully from ancient Hindu texts such as the Manusmṛti, Dharmasūtras, or the Smṛti literature. Instead, it reflects significant colonial intervention—particularly the British reinterpretation of Hindu customs and theology through a utilitarian and orientalist lens. In this process, Hindu law was codified not to reflect Dharma in its depth and complexity, but to fit the administrative logic of a colonial legal system.

Over the past fifty years, the problem has only deepened. Influenced by Western political ideologies—ranging from liberal progressivism to postmodern relativism—Hindu personal law has, in many respects, moved further away from the spirit of Dharma. Rather than fostering moral clarity or social cohesion, it has often been co-opted to reflect ideological trends alien to the Indian civilizational ethos.

This drift has contributed not to cultural resilience, but to fragmentation. Instead of guiding society toward a deeper engagement with Dharma, the current legal discourse frequently encourages imitation of Western intellectual currents—wokeism, radical progressivism, cultural Marxism, and hyper-individualistic multiculturalism—many of which have caused deep societal strain even in the countries of their origin.

It must also be acknowledged that the challenges in Hindu personal law are not unique. Several other religious communities in India retain personal laws that are arguably more anachronistic and more deeply misaligned with constitutional values. The existence of parallel legal frameworks based on religious identity hampers the pursuit of justice and equality before the law.

In this context, the idea of a Uniform Civil Code (UCC)—a single, secular legal framework governing personal matters such as marriage, inheritance, and divorce—deserves serious consideration. A well-conceived and equitably enforced UCC would not only eliminate legal inequality across religious lines but also reorient the personal law regime toward principles of justice, coherence, and national unity.

Such a reform, however, must not come at the cost of erasing the moral and spiritual insights embedded in India’s civilizational traditions. A truly dhārmika approach to legal reform would harmonize ancient wisdom with contemporary constitutional ideals—not by importing ideological fashions, but by recovering and rejuvenating the ethical foundations that have guided Indian society for millennia.