Bachelor of Arts (Honours)

POLITICAL SCIENCE

BAPS-12
Indian Political Thought (Ancient &
Medieval)

Block-02
VED VYASA (SHANTIPARVA) AND MANU

UNIT-3: VED VYASA: RAJA DHARMA

UNIT-4: MANU: SOCIAL LAWS
Course Writer

Dr.Antaryami Beriha
Academic Consultant
Odisha State Open University, Sambalpur
(Unit-3)

Dr. Ratnakar Ray

Assistant Prof. in Political
Kishore Nagar College, Cuttack
(Unit-4)

Course Editor
Mr. Smruti Ranjan Bharasagar
Academic Consultant
Odisha State Open University, Sambalpur
(Unit-3)

Dr. T.S Barik

Retd. Reader in Political
Women’s College, Sambalpur
(Unit-4)

Course Coordinator

Ms.Tulasi Ray
Academic Consultant
Odisha State Open University,
Sambalpur

Material Production
Dr.Manas Ranjan Pujari
Registrar
Odisha State Open University

© OSOU, 2021. Indian Political Thought (Ancient & Medieval)

is made available under a Creative Commons Attribution-ShareAlike
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UNIT-3 VED VYASA : RAJADHARMA
Structure

3.1 Objectives

3.2 Introduction

3.3 Life and Works of Vyasa

3.4 Concept of Rajadharma in Mahabharat

3.4.1 Rajadharma

3.4.2 Shantiparva on Caste

3.4.3 Shantiparva on Governance

3.4.4 The fowler and the pigeon

3.5 Rajadharma-AnushasanaParva

3.6 Moksha Dharma Parva

3.7 Summary

3.8 Exercise

3.9 Reference

3.1 OBJECTIVES

After reading this unit, you will be able to understand:

 The life and works of VedVyasa

 Raja dharma according to Shantiparva
 The idea of Caste according to Shantiparva
 The idea of Governance mentioned in Shantiparva

3.2 INTRODUCTION

This unit will provide us with a clear understanding of the concept of the
Rajadharma of Ved Vyasa. He is one of the greatest sages in the history of the
Hindu religious world. He is unanimously considered the author of the popular
and lengthiest epic the Mahabharat. He was born of sage Parashara and Satyavati.
Vyasa appears for the first time as the compiler of, and an important character in
the Mahabharata. Shanti Parva is an important part or book among 18 books of
the Indian Epic Mahabharat. The political philosophy of Vyasa in Mahabharat is
mainly found in Shantiparva. It generally depicts the narration of Bhisma on his
death bed to Yudhistira about Rajadharma. The origin of the State (Rajya) as well
as the office of the king and the evolving of Raja Dharma the law conferring

1
power on the king to maintain the rule of law and the directives for the exe rcise of
power has been explained in Shanti Parva of the Mahabharata. This unit will also
broadly discuss the life and works of Vyasa, the Concept of Rajadharma in
Mahabharat, Shantiparva on Caste, and Governance.

3.3 LIFE AND WORKS OF VED VYASA

Ved Vyasa, the author of the great epic Mahabharat, is known as MaharshiVyasa
in Hindu tradition. He is generally considered the author of the Mahabharata, as
well as a character in it. He is considered to be the scribe of both the Vedas
and Puranas. The festival of Guru Purnima is dedicated to him. It is also known
as Vyasa Purnima, for it is the day believed to be both his birthday and the day he
divided the Vedas.

Vyasa appears for the first time as the compiler of, and an important character in,
the Mahabharata. It is said that he was the expansion of the god Vishnu who
came in Dwapara Yuga to make all the Vedic knowledge available in written form
which was available in spoken form at that time. He was the son of Satyavati, the
daughter of VasuUparichara and the adopted daughter of the fisherman Dasharaj,
and sage Parashara (who is credited with being the author of the first Purana:
Vishnu Purana), son of sage Vasishtha.

Vyasa was born on an island in the Yamuna River, according to legend Satyavati,
the mother of Vyasa used to drive a boat in her youth in the river Yamuna. One
day, she helped Parashara to cross the river Yamuna. He was enchanted by her
beauty and wanted an heir from her. Initially, Satyavati did not agree, telling that
if others would see them, then her purity would be questioned. Parashara created a
secret place in the bushes of a nearby island and a blanket of thick fog. She
conceived and immediately gave birth to a son. Parashara named him Krishna
Dvaipayana, referring to his dark complexion and birthplace. Dvaipayana became
an adult and promised his mother that he would come to her when needed.
Parashara restored Satyavati's virginity, gifted her an enchanting smell, and left
with his son. Satyavati kept this incident a secret, not telling even
King Shantanuwhom she was married to later.

Later, Chitrangada and Vichitravirya were born in Shantanu and Satyavati. But,
both of them passed away early without leaving an heir. There were two wives of
Vichitraviryanamed Ambika and Ambalika. The bereavedSatyavati initially
pleaded before her stepson Bhishma to marry both the queens to preserve the
royal ascendancy, but he refused to do so, citing his vow of celibacy. Thus,
Satyavati, at last, revealed her secret past and requested Bhisma to bring her
firstchildVyasa to impregnate the widows of Vichitravirya under a tradition
called Niyoga. By this time, Vyasa had compiled the four Vedas. Sage Vyasa was
looking so untidy because of his prolonged meditation in the dense forest. Hence
upon seeing him, Ambika became afraid and closed her eyes with fear which
resulted in a birth of a blind child who was named Dhritarashtra. The other queen,
Ambalika, turned pale upon meeting Vyasa, as a result, their child was born with a
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pale body and who later named Pandu. Having been dissatisfied with all these,
Satyavati requested her son Vyasato meet Ambika again and grant her another
son. But, Ambika sent her maid in her place to Vyasa. The obedient maid was
calm and peaceful during their meeting, so their child was born with good health
who was later named Vidura.

According to Skanda Purana, MaharshiVyasa was wedded with Vatika alias

Pinjala, the daughter of a sage Jabali. They had a son named Shuka, he was his
spiritual successor and heir. There were four other disciples of MaharshiVyasa,
they were Paula, Jaimini, Vaishampayana, and Sumantu. Each one of them was
separately given the responsibility to disseminate the ideas of the four Vedas.
Paila was made in charge of the Rig-Veda, Jaiminiwas assigned of the Samaveda,
Vaishampayana of the Yajurveda, and Sumantu of Atharvaveda.

Vyasa is believed to have his abode on the bank of the river Ganga in modern-
day Uttarakhand. The site was also the ritual residence of the sage Vashishta and
the Pandavas, the five brothers of the Mahabharata.

Owing to his dark complexion and birthplace, MaharshiVyasa was known as

Krishna Dvaipayana in his childhood. He is referred to as Veda Vyasa because he
is believed to have arranged the single eternal Veda into four Vedas. The four
Vedas are:

 Rig-Veda
 Sama Veda
 Yajur Veda
 Atharva Veda
The word ‗Vyasa‘ means ‗compiler,‘ ‗arranger,‘ It also resembles the word ‗split,‘
‗differentiator ‗describe‘. The word Vyasa is also used for a holy sage or a pious
learned man known for his distinguished writings.

It is generally believed in Hindu tradition that Vyasa had categorized the single
Veda into four Vedas to make them easily comprehensible for the common
people. Hence, he was called Veda Vyasa, or ‗Splitter of the Vedas‘. However,
different Puranas and literature haveillustratedVyasa in different ways, which are
discussed as follows:

Vyasa was not only regarded as the author of the epic but also remembered as an
important character in it. To write the Mahabharat, Vyasa asked Lord Ganesha to
assist him but Lord Ganesha placed a condition that he would help him to
compose the text only if Vyasa would narrate him the story without pausing. In
response to him, Vyasaalso set a counter-condition that Ganesha should
understand the verses first before drafting them. Thus, Vyasa narrated the
entire Mahabharata to Lord Ganesha while he was writing down those.

Vyasa is also believed as the author of the eighteen major Puraṇas of Hindu
tradition. His son Shuka was mentioned as the narrator of the Bhagavata Purana to
Arjuna's grandson Parikshit.
3
Badarayana was credited with writing the Brahma Sutras, one of Vedanta's core
books and he was also known as Vyasa in some writings, which means ―one who
arranges.‖ VaishnavaAcharyas mentioned Badarayana as Vyasa. However, some
modern historians believe that these were two distinct persons. According to them,
there may have been more than one Vyasaor the name Vyasa may have been used
several times for the texts. Vyasa is believed to have documented, compiled much
of the ancient Hindu literature. He is generally considered the original writer of
the great epic the Mahabharat.

3.4 THE CONCEPT OF RAJADHARMA IN MAHABHARATA

(SHANTI PARVA)

The Shanti Parva is the twelfth of eighteen books of the Indian epic Mahabharata.
It has 3 sub-books and 365 chapters. The critical edition has 3 sub-books and 353
chapters. It is the longest book among the eighteen books of the Mahabharat. The
book depicts the post-war where the two sides have accepted peace and
Yudhishtira was enthroned to rule the Pandava kingdom. The Shanti
Parvaexplains the duties of the ruler, dharma, and good governance, illustrated by
the dying Bhishma and various sages. Shanti Parva has been widely studied for its
treatises on jurisprudence, prosperity, and success. Shanti Parva recites a theory of
governance and the duties of a leader. This theory is outlined by dying Bhishma to
Yudhishthira and his brothers (shown), as well as words from sage Vidura. Shanti
Parva is a treatise on the duties of a king and his government, dharma (laws and
rules), proper governance, rights, justice and describes how these create
prosperity.

The Political Philosophy of Vyasa and his notion of Rajadharma is mainly found
in Shanti Parva of Mahabharata. It contains one of the most comprehensive and
profound discussions on kingship, the duties of a king as well as subjects, and the
whole historical process of order and anarchy; manifest and unmanifest which are
expected to happen alternatively in the historical process. Vyasa‘s discussion on
virtue, right, astronomy, and other sciences was also extremely comprehensive.
Vyasa also subscribed to the four types of classification of society and activities
such as Devotion to knowledge, Ruling, Production, and Menial labour. He
defines Dharma (Right) as the activity which maintains balance and harmony
among all other activities and thereby sustains them and leads to the supreme
good of all.

3.4.1 Rajadharma

Raja dharma is a Sanskrit term that means ‗the duty of the rulers or kings‘. The
concept of Rajadharma was intrinsically entwined with the concept
of bravery and Kshatriya dharma according to the Hindu scriptures. The concept
of Rajadharma generally constitutes the judicious duties of the king towards his
subjects. The basic concern of the Rajadharma is the welfare and prosperity of the
people or subjects in a kingdom under a ruler. It means taking care of subjects or
Prajapalana is the prime duty of the king.
4
According to ancient Hindu classics, Rajadharma was pertinent to ensure justice,
peace, and prosperity for people. Raja dharma is described as an essential element
of state administration. According to this, the king was expected to perform his
duties righteously so that no person will be deprived of justice and hence there
would be no suffering of people in the kingdom. Hence, such a kingdom is known
as Dharmarajya and the ruler as Dharmaraj.

The origin of the State (Rajya), the office of the king, and the evolving of Raja
Dharma the law conferring power on the king to maintain the rule of law and the
directives for the exercise of power have been explained in Shanti Parva of
the Mahabharata. After the devastating war of Kurukshetra between the Pandavas
and the Kauravas in which the former came out victorious, Yudhistira, the eldest
of the Pandava brothers requested Bhishma, who was the master of Rajadharma to
expound the same to him and he did so. The Shanthi Parva
of Mahabharata incorporates Bhishma's authoritative exposition of the origin and
purpose of the state, the rule of law, the institution of kingship, and the duties and
the powers of the king. Great stress is laid on the personal character and qualities
which a king in whom vast political power is vested must possess for the proper
and effective discharge of his functions. Raja dharma, so clearly laid out is vast
like an ocean, consists of invaluable and eternal principles worthy of emulation
under any system of polity and by all persons exercising political power. The
Mahabharata discourse on the topic of Rajadharma discloses that in the very early
periods of civilization in this country great importance was attached to Dharma
and it was self- imposed by individuals. Consequently, everyone was acting
according to Dharma and there was no necessity of any authority to compel
obedience to the laws. There was the existence of a stateless society. In such type
of an ideal stateless society, People were acting according to Dharma and thereby
protecting one another.

Such a society was the most ideal one for the reason that every individual
scrupulously acted according to the rules of right conduct by the force of his own
culture and habit and not out of any fear of being punished by a powerful superior
authority like the state. Consequently, there was cooperation and protection.
Society was free from the evils arising from selfishness and exploitation by
individuals. The sanction which enforced such implicit obedience to Dharma was
the faith of the people in it as also the fear of incurring divine displeasure if
Dharma was disobeyed. However, the ideal society so beautifully described did
not last long. While, the faith in the efficacy and utility of Dharma, belief in God,
and the God-fearing attitude of people continued to dominate society, the actual
state of affairs gradually deteriorated. A situation arose when some persons, out of
selfish worldly desires, began to flout Dharma and became immune to the fear of
divine displeasure. They were infatuated with pleasure and prompted by their
muscle power, began to exploit and torment the weaker sections of society for
their selfish ends. The tyranny of the strong over the weak reigned unabated. The
danger to peaceful co-existence and consequent uncertainty and anxiety about the
safety of life and property of individuals was brought about by such individuals. It

5
was as though the rule of 'Matsyanyaya' (big fish devouring small fish) governed
society. This situation forced the law-abiding people to search for a remedy. This
resulted in the creation of the institution of kingship and the establishment of his
authority (kingship or the state) and the formulation of Raja Dharma which
corresponds to modern constitutional law which specifies and limits the exercise
of the power of the different limbs and departments of the state.

There was no difference between the ideals kept before the state by Rajadharma
and those enshrined in the hearts of individuals. The ideals placed before the
individual, for purposes of the welfare and happiness of himself and all others in
this world, were Dharma, Artha, and Kama (Trivarga). Every individual was
asked to reject Artha and Kama (material wealth and desires) if they conflicted
with Dharma. The ideal of Rajadharma placed before the state was to assist and
support the achievement by individuals of the threefold ideals (Trivarga) and to
ensure that they secure wealth (Artha) and fulfill their desires (Kama) in
conformity with Dharma and do not transgress Dharma. The propounders of
Dharmasastra declared that the king (State) was necessary to maintain the society
in a state of Dharma which was essential for the fulfillment of Artha and Kama.
Raja dharma, which laid down the Dharma of the king, was paramount. All
Dharmas are merged in Rajadharma, and it is, therefore, the Supreme Dharma.

The paramount importance of kingship and the profound influence a king has on
the state of society has been pithily expressed in the Mahabharata. ―Whether it is
the king who is the maker of the age or the age that makes the king is a question
about which there is no room for doubt. The king is undoubtedly the maker of the
age‖.This affirmation is an eternal truth. The ruler, under whatever system of
polity, is largely responsible for the state of the nation or society, and whether
people, in general, are virtuous or not largely depends upon the character and
conduct of the ruler and his capacity to enforce Dharma, i.e., the rule of law. It is
for this reason that Rajadharma was considered supreme as the protector of the
people since Dharma was entirely dependent upon the effective implementation of
Rajadharma.

3.4.2 Shanti Parva on Caste

The 188th and 189th chapters of Shanti Parva delineate the theory of Varna
espoused by sage Bhrigu. This describes Brahmins, Kshatriyas, Vaishyas, and
Shudras as white, red, yellow, and black respectively in colour. Rishi Bharadwaj
described how castes were created and discriminated against despite the
similarities in people‘s desire, experience, fear and anger, and so on. He asked
Bhrigu the question that though the people from all castes and classes born in the
same way, have the same colour of blood and die in the same way then why caste
still existed and was prevalent in the society. In reply, Bhrigu explained that there
was no difference among castes. It came into existence because of the
differentiation of work, people were assigned different works, and accordingly,
they were clubbed in different castes. No duty and rites were forbidden to anyone.
John Muir opines that the Shanti Parva and AnushasanParvaclaim neither birth,
6
nor initiation, nor descent, nor bookish knowledge determines a person's merit;
only their actual conduct, expressed qualities, and virtues determine their merits.
According to Shanti Parva of the Mahabharat, no caste in the society is superior to
any caste in the society.

3.4.3 Shanti Parva on Governance

The Shanti Parva mentioned the duties of a king and rules of proper governance
through more than a hundred chapters. It argues that truth and justice must be the
key to the governance of a prosperous kingdom. According to chapter 58 of Shanti
Parva, a ruler should pursue truth and act sincerely to make people happy and
prosperous. Chapter 88 says that the king should impose a tax on people
judiciously so that they cannot be deprived of their wealth. It means good for
someone should not be done at the cost of another‘s life. Chapter 267 suggests the
judicial staff to reflect before sentencing, only sentence punishment that is
proportionate to the crime, avoid harsh and capital punishments, and never punish
the innocent relatives of a criminal for the crime. Chapters 15 and 90 expresses
that the ruler should rule in accordance with Dharma, he should avoid luxurious
life and live a humble and simple life. According to Shanti Parva, Dharma is
defined not in terms of rituals or any religious connotation but in terms of the
principle which facilitates the ideas of Satya (truth), Ahimsa (non- violence),
Asteya (non-stealing of property created by another), Shouc ham (purity), and
Dama (restraint). The ruler should always follow the path of Dharma to make the
welfare of all living beings without harming anyone.

3.4.4 The fowler and the pigeon

Shanti Parva illustrates many fables and tales, among those, the fable of the fowler
and the pigeons is an illustrative one. This fable is generally explained by
Bhishma to Yudhishthira to make him understand the values of virtue, profit, and
desires. There was a wicked fowler who used to catch birds in the forest and sell
them to make his earnings. One day, while he was in the dense forest, a cold storm
blew there. During this storm, a helpless pigeon, who was shivering with cold fell
on the ground because of the speedy wind; the fowler saw the p igeon and became
happy. He picked up and put the pigeon in a cage. The storm did not stop, it
continued, so the fowler decided to spend the night under a big tree. He did pray
to the deities and creatures of that tree to allow him for shelter. There was a nest
where a pigeon family lived on one of the branches of that huge tree, the lady
pigeon who had gone out for food but not come back to the nest. So, the male
pigeon was crying by remembering his wife and thinking to end his life if he will
not find his beloved wife. Coincidentally, the female pigeon was inside the cage
of the fowler, from the cage, she asked her husband not to worry about her but
requested him to treat the fowler as his guest. The female pigeon said the fowler is
feeling cold and starving. Be generous to him, and do not suffer for me. The lady
pigeon said a one should be kind to everyone, even though someone has done
something immoral to you. The male pigeon moved according to his wife's
request, flew down, and welcomed the fowler. What he could offer to make the
7
fowler relaxed asked by the male pigeon. Reply to male pigeon the fowler
approached the warm fire could push his cold gone. The male pigeon has arranged
some dry plants and set them for fire. After some time, fowler warmed up and told
the pigeon, he was hungry too. But the male pigeon did not have any food to offer
to his guest. However, the pigeon walked around the fire three times and then ask
the fowler to eat him and the pigeon entered the fire to afford a meal for the
fowler. The pigeon's compassion shook the fowler, who began reflecting on his
life. The fowler is resolute to be concerned to all creatures. Fowler realized the
female pigeon silently from the cage. But unfortunately, she lost her pigeon
husband in fire, female pigeon was deeply loved and walked the fire too. The
fowler cried and was besieged with sorrow for all the harm and pain, he had
caused to wild birds over the years.

3.5 RAJADHARMA-ANUSHASANA PARVA

Raja dharma AnushasanaParva explains that Sorrow comes after happiness, and
happiness after sorrow; one does not always suffer sorrow, nor always enjoy
happiness. Only those who are stolid fools, and those who are masters of their
souls, enjoy happiness here; they, however, who occupy an intermediate position
suffer misery. Happiness and misery, prosperity and adversity, gain and loss,
death and life, in their turn, visit all creatures; the wise man, endued with an
equanimous soul would neither be puffed up with joy nor be depressed with
sorrow.

There is nothing that leads so much to the success of kings as Truth, the king who
is devoted to Truth enjoys happiness both here and hereafter. Even to the Rishis,
O king, Truth is the greatest wealth, likewise for the kings, there is nothing that so
much creates confidence in them as Truth.

Similarly, rajadharmaanushasanaParva discusses that nobody is nobody's friend,

nobody is nobody's well-wishers, persons become friends or enemies only from
motives of interest. Bhisma tells Yudhishthira in Shanti Parva that ―I do not
instruct you regarding duty from what I have learned from the Vedas alone; what I
have told you is the result of wisdom and experience, it is the honey that the
learned have gleaned. Kings should collect wisdom from various sources, One
cannot go successfully in the world with the help of a one-sided morality; Duty
must originate from understanding, the practices of the good should always be
determined. A king by the help of his understanding and guided by knowledge
gathered from various sources should so arrange that moral laws may be
observed‖.

So, a king should always pay attention to following Rajadharama in his

administration whether it is in normal time or problem period.

8
3.6 MOKSHA DHARMA PARVA

However, through a detailed discussion between Bhisma and Yudhistira in Shanti

Parva, Vyasa presented a comprehensive meaning and aspect of Rajadharma. He
also tried to define what is right or wrong, righteousness, etc. in the context of
Rajadharma in Moksha dharmaParva as follows:

All men who live on this earth, are filled with doubts regarding the nature of
Righteousness.
What is this that is called Righteousness? Where does righteousness come from?
Righteousness begets happiness as its fruits. There is nothing superior to truth;
everything is supported by truth and everything depends on truth. One should not
take others' properties that is an eternal duty. A thief everybody, the considers
other people as sinful as himself; A pure-hearted person is always filled with
cheerfulness, and has no fear from anywhere; such a person never sees his
misconduct in other persons. A person should never do that to others, which he
does not like to be done to him by others; whatever wishes one cherishes about
him, one should certainly cherish regarding another.

The creator ordained Virtue, gifting it with the power of holding the world
together. There is no fixed time for the acquisition of righteousness. De ath waits
for no man. When a man is constantly running towards the jaws of Death, the
accomplishment of righteous acts is proper at all times. Like a blind man who,
with attention, is capable of moving about his own house, the man of wisdom,
with a mindset on Yoga, succeeds in finding the track he should follow. One who
walks along the track recommended by the understanding earns happiness both
here and hereafter. It means everyone should follow the right path and act in
accordance with the principles of goodness to get peace and happiness in life as
well as the afterlife that is after death. Vyasa in the Shanti Parva of epic
Mahabharata comprehensively discusses Rajadharmathrough through the dialogue
between Bhisma and Yudhistira. He also profoundly explained the social,
political, spiritual, and cultural ideals of a society where observance of dharma
(Right) should be the rule for both the ruler as well as the subjects.

3.7 SUMMARY

In this Unit, you have studied the life and works of VedVyasa especially
Rajadharma. Ved Vyasa is unanimously considered the original author of the epic
Mahabharata. Vyasa was the son of Satyavati and the sage Parashara. Vyasa had a
son named name Shuka, who was his spiritual successor and heir. The Political
Philosophy of VedVyasa is mainly found in Shanti Parva of the Mahabharata. The
concept of Rajadharma was intrinsically entwined with the concept
of bravery and Kshatriya dharma according to the Hindu scriptures. The concept
of Rajadharma generally constitutes the judicious duties of the king towards his
subjects. Rajadharma is described as an essential element of state administration.
According to this, the king was expected to perform his duties righteously so that
no person will be deprived of justice and hence there would be no suffering of
9
people in the kingdom. All Dharmas are merged in Rajadharma, and it is,
therefore, the Supreme Dharma.

3.8 EXERCISE

1. Briefly discuss Vyasa‘s Life and Works.

2. Explain Rajadharma according to Shanti Parva of Mahabharata.
3. Describe the idea of castes and governance in accordance with Shanti
Parva.
4. Describe Rajadharma according to AnushasanaParva
5. Discuss MokshadharmaParva.

3.9 REFERENCE

Appodoroy, (2002) ‗Political Thought in India, Delhi, Khama Publication.

B. M, (1976), ‗The Foundation of Muslim Rule in India‘, Allahabad,
Central Book Depot.
Arora, P. and Grover, B. (n. d.). Selected western and Indian political
thinkers. Cosmos BookhivePvt. Ltd.
Bhagavan, V. (1999). Indian political thinkers. Delhi: Atma Ram and Sons
Publications.
Brown, (2003) ‗The Verses of Vemana‘, Asian Educational Services,
Delhi.
Gupta, R.C. (1970). Great political thinkers: East and west. Lakshmi
Narain Agarwal.
Habib, Irfan. (1995) ‗Essays in Indian History, New Delhi, Tulika
Publications.
Mohanty, D.K. (2007). Indian political tradition: From Manu to
Ambedkar. New Delhi: Anmol Publications Pvt. Ltd.
Roy, Himanshu, and Singh, M. (2017), ‗Indian Political Thought: Themes
and Thinker‘, Second Edition, New Delhi, Pearson.
S. Saberwal, (2008) ‗Spirals of Contention‘, New Delhi, Routledge,
Sharma, R. S (1991) ‗Aspects of Political Ideas Institutions in Ancient
India, Delhi, Motilal Banarsidass.
T. Pantham, and K. Deutsch (1986) (eds.), Political Thought in Modern
India, New Delhi, Sage Publications.
Thapar, Romila, (1997) ‗Ashok and the Decline of the Mauryas, ‗New
York, Oxford University Press.
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V. Mehta, (1992) ‗Foundations of Indian Political Thought, New Delhi,
Manohar Publications.
V.P. Varma, (1974) ‗Studies in Hindu Political Thought and Its
Metaphysical Foundations‘, New Delhi, Motilal Banarsidass.

11
UNIT-4 MANU: SOCIAL LAWS

Structure
4.1 Objective
4.2 Introduction
4.3 Manu Smriti as an authoritative Guide in Hindu jurisprudence
4.3.1 Main Themes of Manu‘s Text
4.4 Social Laws of Manu laying the Foundation of an Ideal Society

4.5 Classification of Social Laws by Manu

4.6 Basic Elements of Manu‘s Social Laws

4.6.1 DHARMA as defined by Manu
4.6.2 The Caste System
4.6.3 Laws for Woman
4.7Varnashrama and Statecraft
4.8 Criticism leveled against Manu
4.9 Present Relevance of Manu‘s Social Laws and Idea of Justice
4.10 Importance ofManusmriti
4.11 Summary
4.12 Exercise
4.13 Reference

4.1 OBJECTIVE

After reading this Unit you will be able to :

 Know the structure and main contents of Manusmriti
 Gather Knowledge about the Social Laws of Manu
 Appreciate the DHARMA as defined by Manu
 Analyse Manu‘s Principles of Varnashrama and Statecraft
 Assess the Criticisms levelled against Manu

4.2 INTRODUCTION

“Where a common man would be fined one karshapana the king shall be fined one
thousand; that is the settled law”(Manu)

Indian political thought marched in an evolutionary process with the contribution

of outstandingSocio- Political Thinkers and Activists. Manu and Kautilya, the

12
historic Indian philosophers had contributed tremendously and preciously to the
political and administrative ideas. Manu, the writer of Manusmriti, is the primary
teacher, to expose the essence of humanity to mankind was the first legislator to
prescribe norms of social life and practices. In later periods it was incorporated in
various Dharmashastras and Samhitas outlining moral principles. Manusmriti is
compiled especially on the caste system, only during the early centuries. It
encompasses pragmatic visualization as well as an idealization of life. It is
primarily concerned with dharma, which includes the Western concepts of religion,
duty, law, right, justice, practice, and principle. It offers us a bird‘ eye view of the
universal secular and temporal practices of the time.

Manusmriti, known as"The Laws of Manu" or "The Institutions of Manu," is the

authoritative Hindu Law Book or Dharmashastra, which is regarded as a
foundational work on Hindu law and jurisprudence in ancient India. Until modern
times, it is taken as the standard reference for adjudicating civil and crimina l cases
by both the ruler's patronizing Vedic faith and the people practicing Hinduism.
Out of many Books in Hinduism, Manusmriti is certainly the most popular and
authoritative work.

The collection of laws and precepts usually referred to as " The Code of Manu" is
the oldest and most celebrated of the many books of the law that were compiled to
give a lot of Predictability to the imprecise injunction of the religious text hymns.
The Laws of Manu (also referred to as the Manava Dharma Shastra) is historically
accepted as one of the supplementary arms of the Vedas. Since its
composition, Manusmriti was seen as the foremost dharma-shastra,
overshadowing all different law books. Most commentaries
on dharmashastras use Manusmriti as the main source. The content of the Book is
traced back to the customs and practices of Vedas.

4.3 MANU SMRITI AS AN AUTHORITATIVE GUIDE IN HINDU

JURISPRUDENCE

As a broad social code, Manusmriti served as an authoritative guide for Hindu

jurisprudence in Indian social history. In terms of authority, it has an important
place next only to the Vedas from which it derives its authority. It is the most
influential work on Hindu law. It elaborates sacred law, the sacred tradition, and
individual conscience. The king is assumed to be divinely created and ordained to
shield the people from a cruel state of nature, but the absolutism of the European
divine right argument is not found in this conception. The king embodies the
virtues of eight deities; his authority is derived from the divine nature of his office
and the significance of his crucial role in the preservation of the social order. It is
said that such descriptions of monarchy as found in the Manusmriti only with
hereditary kingship. Caste distinctions are considered to be the product of divine
decree as well as the result of social necessity. The dominance of Brahman is

13
justified in the most exaggerated terms. In the Manusmriti punishment increased
in severity as social status weakened.

Manu's Text contain12 chapters with 2685 verses. The following main topics are
discussed in ManuSmriti:

a. Social Responsibilities, Obligations, Duties of various caste and

individuals in different stages of life.
b. The Rules and Mode of punishment of the criminals and transgressors of
law by a righteous king in his kingdom.
c. Rules regulating the Social Relations existing between Man and Woman of
different caste and Husband and Wife in the privacy of the house.
d. Rules relating to Birth, Death, and Taxes.
e. Principles of Karma and Rebirths.
f. Ritual practices.
g. Error and restoration.

The following table may be used to reflect Manu's text :

Table-4.1 Subject Matter of Manu

Chapter Number of Subject Matter

Verses
1 119 Origins of the universe etc.
2 Sources of law, the first stage of Brahman's life,
249
i.e. the studentship.
3 The second stage of life, the householder and his
286
religious studies.
4 Subsistence and private morals of the Brahman
260
householder
5 169 Food-ceremonial purification duties of women.
6 97 The third and fourth stages of life.
7 226 The king's duties, the second caste, etc.
8 420 Civil and criminal laws.
9 Civil and criminal laws continued: the third and
336
fourth castes.
10 The mixed castes and classes, a procedure in time
131
of need.
11 266 Penance, expiration, etc.
12 Exposition of philosophical principles, acquisition
126
of final happiness.

4.3.1 Main Themes of Manu’ Text

In his valuable work, Manu has elaborated following conditions of Social life :

 Evolution of universe and Principles of rituals.

 Role of a teacher.
14
  Kinds of Marriages.
 Regulation for great sacrifices and the obligatory rule for the ceremonies
for the dead and for questioning witnesses.
 Various means of livelihood, vows of the Vedic graduate,
 Kinds of food to be eaten, purification, and cleansing of impurities.
 Duties of women, of a king, of a husband and wife,
 Principles of Freedom and Renunciation.
 Partition of Property, Gambling.
 Attendance by commoners and servants.
 Religious Duties of all classes in extremity and Rules for Restorations.
 Three- fold course for transmigration that arises from the effect of past
actions.
 Supreme good and examination of the virtues and vices of the effect of
past actions.
 Obligatory duties of the State, castes, and families.

It can be said that the text of Manu focused on life-how is it or how it should be.
Manu's laws are found in Vedas. It is about Dharma covering notions like religion,
duty, law, right, justice, practice, and principle. It describes religion in its entirety
and the external code of conduct of four classes of people as described in the
revealed canons and traditions. Therefore, a twice-born person who is self-
possessed should always practice it. He who fails to do so does not reap the fruit
of the Veda. Its strict adherence ensures full enjoyment of the fruit. Manu's text is
ancient but cannot be ignored for its comprehensiveness. It covers family life,
psychology, the human body, sex, the relationship between humans and animals
attitude to money and material possession, politics, law, castes, purification and
pollution, rituals, social practices and ideals, world renunciation, and worldly
goals. Manu's teaching inspires human beings to fulfill his promises and liberate
themselves from the consequences of his past deeds.

It can be said that the text of Manu focused on life-how is it or how it should be.
Manu's laws are found in Vedas. It is about Dharma covering notions like religion,
duty, law, right, justice, practice, and principle. It describes religion in its entirely
good and bad effect of the past actions and the external code of conduct of four
classes of people. The code is the highest law and it is described in the revealed
canons and traditions. Therefore, a twice-born person who is self-possessed
should always practice it. He who fails to do so does not reap the fruit of the
Veda. Its strict adherence ensures full enjoyment of the fruit. Manu's text though
ancient cannot be ignored for its comprehensiveness. It covers family life,
psychology, the human body, sex, the relationship between humans and animals
attitude to money and material possession, politics, law, castes, purification and
pollution, rituals, social practices and ideals, world renunciation, and worldly
goals. Manu's teaching inspires human beings to fulfill his promises and liberate
themselves from the consequences of his past deeds.

15
Except for Manu Smriti, the code of Yajnavalkya attained a supreme position in
Hindu jurisprudence. When it was found by the intellectuals of the then Hindu
society that the rules as laid down by Manu needed a revision, Yajnavalkya
collected his code in around 200 A.D. known as YajnavalkyaSmriti. However this
Smriti follows the same pattern as Manu Smriti in the treatment of subjects, it is
scientific and more systematic. It evades replication. J.C. Ghose stated that though
Manu's authority is unquestioned by all Hindus, it is the law of Yajnavalkya by
which they are governed. YajnavalkyaSmriti contained 1010 verses divided into
three chapters namely Achara, vyavahara, and prayaschitta. On matters such as
women's right of inheritance and right to hold property and criminal penalty,
YajnavalkyaSmriti is more liberal than Manu Smriti. It is thought that the deep
influence of the teachings of Buddha had a great impact on society which has
found itself expressed in the form of more humane provisions of the law in the
YajnavalkyaSmriti. When comparing Manu Smriti's text, YajnavalkyaSmriti is
very brief, scientific, and practical.

A basic principle of Hindu political thought was the faith that the king must
consider himself not as the creator of the law but only as its guardian.
NaradaSmriti refers to four successive versions of Manu's code. The original text
had 1,00,000slokas with 1,080 chapters when it was first given to Narada. Narada
is said to have edited it before he passed it on to Markandeya with 12,000 slokas.
Markandeya in turn taught it to Sumati, the son of sage Bhrugu, consisting of
8,000 slokas. Sumati reduced it to 4,000 slokas. But the present form of
ManuSmriti, as it comes to the public, includes only 2,635 slokas spread over 12
chapters. Nevertheless, the legitimacy of NaradaSmriti is generally considered to
be uncertain as it belongs to the early centuries of the Christian era. The above
account of the NaradaSmriti may not be reliable. However, its suggestion that
ManuSmriti had different versions need not be disregarded. As to the exact date of
the Smriti, there are contradictory views held by different researchers. Indian
chronology has been so challenging that it is difficult to determine the exact
periods of most of the ancient Sanskrit texts and ManuSmriti is no exception.
However, It can be accepted that the code had an oral traditio n for about three
centuries before it acquired its present form around the second century B.C.

4. 4 Social Laws of Manu laying the Foundation of an Ideal

Society

Manusmriti projects an ideal society and ideal human conduct as the basis to
establish an orderly society and divine-centered life. To promote those ideals and
enforce divine will, it proposes numerous laws to minutely govern human life and
conduct as applicable to each individual according to her or his social class,
duties, and responsibilities. Their purpose is to inculcate discipline, provide a
basis for the rulers to enforce lawful conduct, and ensure the orderly progression
of the world through righteous conduct and observation of obligatory duties by
individuals who have chosen for themselves the life of a householder, or that of a

16
renunciant. The power to enforce the laws is carefully distributed among the rulers
and the guardians of society who assist him in decision making. Manusmriti
recognizes the corrupting and deluding influence of power over the mind and
cautions the kings to exercise their judgment with great care to avoid sinful karma
and harmful consequences for themselves and the world.

The laws that were proposed by Manu to govern human conduct and society
reflect the conditions, needs, and values of the times in which they were
formulated. Most of them do not fit into the present-day value system. They
acknowledge prevailing social and gender inequalities as natural conditions of
human existence and propose laws to govern the behavior of individuals without
providing scope for any changes that time may bring in the conditions of society
or the lives of people. Hence, today you may find many laws of Manu archaic,
outdated, and even primitive. The laws favor a paternalistic society and family
system, vesting the authority to regulate them with men, and proposing rather a
subordinate status and subservient role to women. They also betray a clear lack of
trust in the integrity and sexual choices of women, thereby suggesting that they
should always be guarded by men and should never be left alone in the presence
of men outside their families. At the same time, they do not ignore or undermine
the role of women in family and domestic matters and urge men to treat them with
honor and respect and not let them suffer.

When it was found by the intellectuals of the then Hindu society that the rules as
laid down by Manu needed a revision, Yajnavalkya collected his code in around
200 A.D. known as YajnavalkyaSmriti. But this Smriti follows the same pattern as
Manusmriti in the treatment of subjects. It is regarded as more scientific and
systematic. It evades replication. J.C. Ghose stated that though Manu's authority is
unquestioned by all Hindus, it is the law of Yajnavalkya by which they are
governed. YajnavalkyaSmritiembodied 1010 verses are divided into three
Chapters such as Achara, Vyavahara, and Prayaschitta. YajnavalkyaSmriti is
more liberal than Manu Smriti in the matters of women's right of inheritance and
right to hold property and criminal penalty. The deep influence of the teachings of
Buddha had a great impact on society which has found itself expressed in the form
of more humane provisions of the law in the YajnavalkyaSmriti. In comparison to
Manusmriti, YajnavalkyaSmriti is very brief, scientific, and practical.

The faith is considered as a basic principle of Hindu political thought which

outlines that the king must consider himself not as the creator of the law but only
as its guardian. NaradaSmriti refers to four successive versions of Manu's code.
The original text had 1,00,000slokas with 1,080 chapters when it was first given to
Narada. Narada is said to have edited it before he passed it on to Markandeya with
12,000 slokas. Markandeya in turn taught it to Sumati, the son of sage Bhr ugu,
consisting of 8,000 slokas. Sumati reduced it to 4,000 slokas. But the present form
of ManuSmritiinclude is only of 2,635 slokas divided into 12 Chapters. The
legitimacy of NaradaSmriti is generally considered to be uncertain as it belongs to
the early centuries of the Christian era. The above account of the NaradaSmrti
17
may not be reliable. However, its suggestion that ManuSmriti had different
versions need not be disregarded. As to the exact date of the Smriti, there are
contradictory views held by different researchers. Indian chronology has been so
challenging that it is difficult to determine the exact periods of most of the ancient
Sanskrit texts and ManuSmriti is no exception. It is accepted that the code had an
oral tradition for about three centuries before its present form around the second
century B.C.

Manusmriti projects an ideal society and ideal human conduct as the basis to
establish an orderly society and divine-centered life. To promote those ideals and
enforce divine will, it proposes numerous laws to govern human life and conduct
as applicable to each individual according to the social class to which one belongs.
Their purpose is to inculcate discipline and provide a basis for the rulers to
enforce lawful conduct, and ensure the orderly progression of the world through
righteous conduct and observation of obligatory duties by individuals. The power
to enforce the laws is carefully distributed among the rulers and the guardians of
society who assist him in decision- making. Manusmriti recognizes the corrupting
influence of power over the mind and cautions the kings to exercise their
judgment with great care to avoid sinful karma and harmful consequences for
themselves and the world.

The laws as proposed by Manu to govern human conduct and society reflect the
conditions, demands, and values of the times. Most of them do not fit into the
present-day value system. They acknowledge prevailing soc ial and gender
inequalities as natural conditions of human existence and propose laws to govern
the behavior of individuals without providing scope for any changes. This has
caused many laws of Manu to be archaic in today‘s situation, and even primitive.
The laws favor a paternalistic society and family system, vesting the authority
with men and preparing the ground for a subordinate status and subservient role to
women. They also reflect a clear lack of trust in the integrity and sexual choices of
women. At the same time, they do not ignore or undermine the role of women in
family and domestic matters and urge men to treat them with honor and respect
and not let them suffer.

4.5 CLASSIFICATION OF SOCIAL LAWS BY MANU

Manu was the first who classified law under eighteen heads and called it
Vyavaharapada. The sections were as follows:
1. Non-payment of debts (rndana)
2. Deposit and pledge (niksepa)
3. Sale without ownership (sambhuya-sannuthand)
4. Concerns among partners (sambhuya-sannuthana)
5. Resumption of gifts (dattasyanapakrma)
6. Non-payment of wages (vetanadana)
18
7. Non-execution of agreements (samviduyati-karma)
8. The recession of sale and purchase (krayavikraya- nusaye)
9. Dispute between owner and his servants (swami palavivida)
10. Dispute regarding boundaries (simavivada)
11. Assault (vakparusya)
12. Defamation (dandaparusya)
13. Theft (steya)
14. Robbery and violence (sahasa)
15. Adultery (strisangrahana)
16. Duties of man and wife (stripumdharma)
17. Separation of man and wife (stripumdharma)
18. Gambling and betting (dyertasamahvcya)

4.6 BASIC ELEMENTS OF MANU’S SOCIAL LAWS

DHARMA as defined by Manu

 Dhrti (patience)
 Khyama (forgiveness)
 Dhama (self-control)
 Asteya (non-stealing)
 Shaoca (cleanliness)
 Indriyanigraha (control over organs)
 Dhii (benevolent intellect)
 Vidya' (spiritual knowledge)

Manu has given greater importance to customs considered by him as essential for
the maintenance of social life. These customs were based on the religious
principles or dhamasutra and were binding on all individuals. Manu gives due
attention to the Social organization formed based on these principles.

Manusmriti also deals at length with various aspects of statecraft including the
rules and principles relating to various branches of royal revenue, its
administration, and expenditure. The dharmasutras justify the taxes levied by the
king because he is charged with the duty of protecting his subjects. According to
U. N. Ghosal, the concept of protection is deep-rooted as Manu says, ‗A king who
affords no protection yet receives the sixth part of the produce as taxes brings upon
himself all the foulness of his whole people‘. According to Chapter Seven of the
text, the king could not levy taxes nor change the rates at his pleasure as the rates
of taxes were fixed. But it is stated that Kautilya in the Arthashastra has covered in
more detail the sources of land revenue, inequality, and injustice. According to the
critics, Manu had a broader vision of life, where men all over the world naturally

19
fall into one or the other of these four varnas according to their inner and outer
characteristics.

Manu tried to create a social order out of diverse and conflicting elements which
were needed for the society of his time. Manusmriti should be examined from this
larger perspective. Due importance is given to women‘s problems in Manusmriti.
Manu examines the inheritance and property rights of women. He uses the term
stridhan which refers to special kinds of property given to a woman on certain
occasions in different stages of her life. But the term stridhan underwent significant
change in subsequent periods. Besides these, there is also a discussion on the
economic position of widows. A widow had the right to retain her ornaments.
Manu also prescribes a lot of dos and don‘ts for widows. He also refers to the
Niyoga system. When Manu is compared with Kautilya, the latter has more liberal
views on widows. There are many passages in Manusmriti in which it is stated that
women should be honoured and their rights shall be maintained. But again these
are verses that reflect a despairing attitude towards the Shudra women and persons
belonging to the lower ranks of social hierarchy. Perhaps this is the reason why
many historians who examined the book, not in its proper perspective branded
Manu as a reactionary law-giver who advocated a social system that was based on
oppression.

4.6.1 The Caste System

In manusmriti, Manu has a codified caste system that recognises four varnas to
Manu: ―LokanatuBibarthayaMukhabahorupadotahBrahaman, Kshatriya, Vaisya,
and Shudrayangrishevatayat‖. The Manusmriti plays an important role in the
justification of the caste system as the basis of order in society. It recognizes four
varnas, Brahmanas, Kshatriyas, Vaisyas, and Shudras along with their unique
roles in the preservation of dharma. Such classification is known as
Varnanhramadhasima which is identical with functional specialization as depicted
by the ancient Greek philosopher Plato. Blood purity and occupational purity are
given the highest importance within this text. Since Brahmins are the guardian of
the varna system, they are charged mildly compared to Kshatriyas, Vaishyas, and
Shudras after committing crimes of a similar nature. However, blood purity is a
notable exception to this norm. Manu has greatly focussed on blood purity and
made no special exception for Brahmins.

The critical study of Manusmriti reveals that the occupations mandated for each
varna followed a distinct pattern. The Brahmins, Kshatriyas, and Vaishyas were
assigned non-manual and non-productive occupations. For example,
a Brahmin would only serve God through the conduct of religious rituals and the
teaching about God. He was not expected to use his hands to grow food grains or
raise cattle. Similarly, the duty of a Kshatriya was to rule and protect the people in
the territory under his jurisdiction. Shudras were assigned the task of providing
goods and services to the higher varnas. But the Shudras (today‘s Other Backward
Classes) were a part of the varna order and thus had some chance of infiltrating
20
into the occupation of the higher varnas. In times of distress, the top three varnas
could also engage in occupations prescribed for Shudras. On the other hand,
outcastes or Dalits were assigned completely manual jobs described as impure.

4.6.2 Laws for Women

The Manusmriti is criticized for its derogatory comments and views on women. It
promotes many paternalistic and patriarchal views that are regressive. The
Manusmriti discourages men from marrying women who do not have a brother or
whose parents are not socially well known. It suggests that men should marry
those women who are free from bodily defects. The Manusmritidirects the state to
see that young girl must be in the custody of their father; women must remain in
the custody of their husbands and widows under the custody of their sons. Thus,
under no circumstance should a woman be allowed to assert her independence.

4.7 VARNASHRAMA AND STATECRAFT

In his social conceptualization, Manu has prescribed the rules to be followed by

each individual during his lifetime, In this context, he has laid down his concept of
varnashrama in detail, where he divides the whole society into four varnas viz.,
Brahmin, Kshatriya, Vaishya, and Shudra. The duties of all these varnas are
different yet complementary to each other. Manu has admitted the principles of
integration of all social units for universal welfare, Rights, and Duties are therefore
made complementary. Manu also dwells on karma, and he believes that man‘s birth
is decided according to his performances in his past life. Manu explains his concept
of social order in terms of the laws of dharma and karma. In his opinion, social
order can be maintained only if all the four varnas perform their respective duties
suitably and harmoniously. According to him, one who performs his duties in the
right manner attains a heavenly state and all his desires are fulfilled in his lifetime.
Manusmriti acknowledges and justifies the caste system as the basis of order and
regularity of society.

Manu pigeonholes various occupational varnas under the umbrella called Shudras.
The caste system that emerged gradually in Indian society is the res ult of a long
social evolution extending over centuries. Manu wanted to incorporate the
conflicting rights of various groups of people within the framework of the
varnashrama. He tried to create a pluralistic society by offering special hereditary
occupations and cultural freedom to different castes. Manu also mentions some
tribes such as the Nishadas, Ambasthas, etc., and prescribes the occupations to be
taken up by them. He included even the foreign tribes and those living in the
border regions such as Kambojas, Yavanas, Sakas, Pallavas, Kiratas, into the
category of Shudras and they were regarded as twice-born.

21
4.8 CRITICISM LEVELED AGAINST MANU

The British who ruled India used Manusmriti as the standard to settle disputes
among Hindus with regard to matters of inheritance, family disputes, marriage,
and royal succession. Some Hindu scholars believe that the British found in the
Manusmriti a useful tool to promote their interests or perpetuate the social divide
among the Hindus to consolidate their power. There is also a criticism that for a
long time Manusmriti served the interests of privileged classes and justified the
oppression of women and the lower castes, as they prescribed unequal laws for
different castes based upon their status in society.

Manu is also criticized for mixing law with religion. Manu claimed that his laws
have divine origin but this can be seen as more of a sign of the era he lived in and
there is nothing fundamentally wrong with it. Most ancient people regarded their
laws as having divine origin. In ancient Egypt, the law was attributed to the
Gods. Both laws of Manusmriti and the Code of Hammurabi were claimed to be
based on divine inspiration. Yahweh is said to have dictated the Old Testament‘s
Ten Commandments to Moses. Further, all the laws found in Exodus, Leviticus,
and Numbers were said to be a direct revelation of God to Moses.

Manusmriti is subject to criticism for dehumanizing women and leveling down

their position. In today's world where women are striving for Gender Equality and
demanding strong Empowerment. These laws are directed towards limiting their
aspirations. Therefore, it is beyond all shadow of doubt for the call of the time to
identify and reject them from Manusmriti.

4.9 PRESENT RELEVANCE OF MANU’S SOCIAL LAWS AND IDEA

OF JUSTICE

The code of Manu also talks about established practices that encompassed
observance of caste, domestic rituals, funeral rites, an oblation to men and God,
and religious and philosophical discussions on the subject of secular laws. Manu
has emphasized the way of life based on the philosophy and spirit of the Vedas and
has provided his interpretation to it. His discourses on the religious and
philosophical aspects of life constitute an integral part of the cultural tradition of
this subcontinent. A comprehensive study of the ancient laws anywhere in the
world will make it clear that no distinction was made by society between faith,
beliefs, rituals, customs, morality, or ethics. For Manu, the whole of the Vedas was
a source of dharma or law. Law was considered to be divine revelation coming
down to earth through the human agency by Blackstone in the 18th century.

Manu adds that this classification is for convenience and does not encompass all
types of disputes except the most important. He puts greater emphasis on the
concept of justice and equity. The king is the dispenser of justice. The king
presides over the courts and in this, he is assisted by Brahmins and experienced
22
councilors. Cases are to be decided according to the principles of local usages and
the institutions of the sacred law.
In case the king is unable to dispense justice himself due to any reason, he should
appoint a learned Brahmin with three sabhyas (member-assessors) to decide the
cases. Once the defendant denies the charges, the complainant should call for
witnesses or other evidence, and in case of conflict in witnesses‘ statements, the
king shall accept the evidence of the majority as true. If there are no witnesses, the
judge should follow the policy of investigation. Manu‘s ideas of evidence are
further systematized by Yajnavalkya, who lists three kinds of proofs: documents,
witnesses, and possessions.

Manu‘s idea of justice also encompasses the concept of social justice of today. He
called it the social purpose of justice, where the king must protect the rights of
those who were unable to do so for themselves. To him, it was the king‘s duty to
safeguard the inheritance and other forms of property of a Minor until the latter
returns from his teacher‘s house or attains adulthood. He also had to take care of
Barren Women, people who have no sons, Orphans, wives, and widows, and
women suffering from various diseases.

Manu‘s ideas on varnashrama are reflected in his criminal laws particularly those
relating to morality and personal hygiene. He prescribes different punishments for
identical offenses based on the caste of the criminal and the victim, and as a
general rule Brahmins are exempted from capital punishment. Manu has elaborated
on the various aspects of the law. He is also of the opinion that law can be taken in
one‘s hand only under special circumstances, like self-defense and similar
situations. Besides capital punishment, he has also prescribed other forms of
punishment, but all punishments are to be awarded and executed after careful
consideration. The king is the final authority to settle all disputes. Thus Manusmriti
is the first treatise to give a regular elucidation of the legal system which was
followed in the Dharmasastras. It provides a basis for legal interpretation, with the
assistance of learned Brahmins and experienced councilors. It also provided a basis
for modern legal interpretation both in India and abroad, mainly in Europe.
Kautilya also deals with many common aspects of statecraft and law in his
Arthasastra but he differs from Manu in several key aspects. They differ from each
other on the award of capital punishment to Brahmins committing treason.
Kautilya also shows more compassion towards Shudras and women as compared to
Manu. Manu‘s Brahmin is the embodiment of the idealization of Man, the symbol
of the best and highest virtues that man could acquire. On the other hand,
Kautilya‘s Brahmin though a superior, knowled geable human being, fails to reach
that exalted height of perfection as visualized by Manu. The two thinkers differ on
the role and status of a Brahmin.

4.10 IMPORTANCE OF MANUSMRITI

Manusmriti in due course became a source of modern legal literature a nd

procedure for European and Indian legal practitioners who were required to know
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the fundamental contents of Dharmashastras in general and Manusmriti in
particular. Several notable works on Hindu law have drawn heavily from
Manusmriti beginning with Thomas Strage‘s Hindu law published in the 1830s and
the list is extended with other books including Gibelin‘s Study on the Civil Laws
of the Hindus published in 1846. The code of Manu has been used in many of the
works of scholars like E. B. Cowell (1870–72), G. C. Sarkar (1891), and
PriyanathSen (1918).

4.11 SUMMARY

The Laws of Manu is one of the main pillars of ancient Hindu Law and is held in
the highest reverence. Tradition says that Manu wrote down the laws of Brahma in
100,000 Slokas which formed 24 books and a thousand chapters. They list
the codes and rules governing the actions of the individual, the community,
society, and the nation. They are also called Dharma Sastras or laws of righteous
conduct. Manu is considered a lawgiver in the Hindu tradition. Manu Smriti is one
of the 18 Smritis.

It becomes evident from this discussion that the primary concern of the author of
Manusmriti was to spell out the infrastructure of an all-embracing society, which in
course of time became synonymous with Hinduism and the Hindu way of life. In
Manu‘s age, this vast subcontinent consisted of numerous ethnic and linguistic
communities with varying degrees of perceptions and values of life. Manu could
foresee that this cultural and social diversity needed to be kept as one organic
entity. Manusmriti deals with practically all the aspects of life — political,
economic, legal, social, etc. It is a monumental work of epic proportions, an
omnibus that continues to be relevant to date. Manu endeavors to use law and
politics as agents of continuity, for transforming human life to achieve normatively
defined goals. It is the moral embodiment of the vision of that great thinker of
ancient India who preached pragmatism as well as idealism. This is perhaps the
most remarkable feature of the text which has provided a touch of universality,
tempered by particularities that transcend the frontiers of time.

It is difficult to apply the laws of Manu in today‘s world since the conditions that
exist now are very different from those when they were formally codified. For
example, our current laws do not permit gender bias or the imposition of
restrictive laws upon women or their freedom to choose their marriage partners,
their profession, or their ways of life. Similarly, the laws

governing the conduct of people according to their caste or occupation are

discriminatory by today‘s standards and cannot be enforced. Despite such
problems and limitations, Manusmriti has historical value. Students of Hinduism
still need to study it to understand the way of life in ancient India.

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4.12 EXERCISE

1 . Discuss the Social Laws outlined by Manu for an Ideal Socie ty.
2. Write a Note on Manu‘sManusmriti.
3. Analyse the Criticisms leveled against Manu.
4. Examine the Basic Elements of Manu‘s Social Laws
4.13 REFERENCE

Goswami, S. (2017). ‗If A Woman‘s Hymen Tears, Her Head Will Be

Shaved‘: ManusmritiAnd The Hindu Woman. Retrieved August 14, 2020,
from https://www.youthkiawaaz.com/2017/10/the-upper-caste-hindu-
woman/

Hooker, M. B. (1978). The Indian-Derived Law Texts of Southeast

Asia. The Journal of Asian Studies, 37(2), 201–
219. http://www.jstor.org/stable/2054162

Pattanaik, D. (2017). What exactly is the Manusmriti? Retrieved August

14, 2020, from https://www.dailyo.in/lifestyle/

Prasad, C. B. (2008). Markets and Manu: Economic Reforms and Its

Impact on Caste in India. CASI Working Paper Series No. 08-01.
Retrieved August 14, 2020.

V. J. (n.d.). Manusmriti the Laws of Manu – Introduction. Retrieved

August 14, 2020, from https://www.hinduwebsite.com/

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