Law and Ethics
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Hindu Law
While there are religious principles derived from the teachings in religious texts, these are not utilised or viewed as binding laws. Hinduism has no court of appeal or other elements that one might expect in a modern legal system.
Ethical Approach
In Hinduism, there are different understandings and approaches to ethics. On the one hand, there is a context-sensitive approach related to the principle of duty (dharma). This approach is one’s personal duty (svadharma) and refers to the idea that an individual’s moral behaviour depends on one’s age, life station, gender and caste. The ṛt (remembered) texts are often seen as examples of how to follow one's personal duty and the possible karmic consequences in the cases where one does not. On the other hand, there is a universal or ‘common to all' ethical approach known as sādhāraṇa dharma. This universal system presents ethical principles that one should follow regardless of their context. Such principles include non-violence (ṃs) and truthfulness (satya).
Guiding Ethical Principles
Purity (Śuddha)
The concept of purity (śܻ) and its related concept of impurity (aśܻ) has various meanings. It can broadly refer to the scale of purity and pollution that differentiates individuals from each other, such as between high caste and low caste individuals. This scale acts as a guiding principle that regulates bodies and interactions between people in social spaces. Some Hindus may extend ideas of purity and impurity to mental or internal processes such as having a pure mind or heart. Sometimes a link is made between internal and external purity while others may deny this sort of connection.
It is thought that pollution can happen in a variety of ways. One can be polluted from natural bodily functions such as bodily fluids, hair and nail clippings, physical contact with leather products, and various foods (such as improperly prepared foods). Another instance is life events – for example, menstruation, childbirth and when grieving the death of a family member. Some people try to purify themselves in a number of ways, such as an ablution (Բ). It is thought that anyone undertaking a ritual or having a ritual performed on their behalf should be as pure as possible.
Levels of purity also relate to caste. For example, the highest caste (Բ) are considered to be the purest while the lower castes are impure (untouchables being the most polluted). Those classified as polluting or impure were traditionally excluded from certain activities such as entering a temple. In some parts of the world (such as India), discrimination based on caste is outlawed. However, it may still be practised in certain places, such as exclusive temples for more ‘pure’ castes or for ‘impure’ castes.
Another important element of purity is the separation of function between the left and right hand. The left hand is reserved for ‘impure’ or ‘dirty’ tasks (e.g. washing one’s body). The right hand is reserved for ‘pure’ or ‘clean’ tasks (e.g. eating). As such, people tend to avoid touching another person or passing someone an object with their left hand.
Karmic Debt
Karmic debt (related to the concept of karma) refers to the idea that all bad deeds or actions represent a kind of debt that must be eventually paid back. This notion underpins many Hindus' moral decision-making, as people seek to avoid committing karmically bad actions.
Non-violence (Ahiṃsā)
In Hinduism, ṃs (‘non-injury’, ‘non-killing’ or ‘non-violence’) refers to the concept of not causing or wishing to cause physical, mental or emotional harm to other living things. Adherence to the principle of non-violence is thought to generate positive karma while defying the principle is believed to bring about negative karma. The concept of non-violence forms the basis of vegetarianism for many Hindus, as well as the tolerance towards all forms of life.
Sexuality, Marriage and Divorce
Sexuality
The main guiding principle relating to sexuality is known as brahmacarya. This is the observance of celibacy when single and fidelity when married. For monastics, the concept refers to the renunciation of sexual relations and marriage in favour of dedicating oneself to spiritual goals.
Hinduism has no explicit guidelines relating to contraceptives. Most Hindus are open to the use of birth control. However, it is rarely used to avoid having children entirely; many believe it is part of their duty to have a family. Other topics related to family planning (such as abortion or reproductive technologies) are usually influenced by factors other than religion, such as culture, family perceptions, financial security, etc.
Marriage
Marriage is generally expected of most Hindus. For women, marriage often marks the transition to maturity. For men, marriage represents his transition into the ‘householder’ life stage (gṛhastha āśrama). Arranged marriages are common with caste being the main factor considered in a prospective partner. Wealth, education, astrological compatibility, language and dietary practices (such as vegetarianism) may also be taken into account. Some couples may decide to marry outside of their caste. Many Hindus follow a family structure. This means that once a couple is married, the wife generally moves into the household of her husband and his family.
Divorce
Divorce is not common among Hindu couples, but Hinduism does not explicitly forbid the practice. There are a number of factors that contribute to attitudes towards divorce. For example, some Hindus may disagree with divorce due to the belief that it may generate negative karma. Others may try to avoid divorce because of the belief that to be married is to fulfil one’s dharma. Similar reasons are usually given with regard to attitudes towards remarriage.