Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
5. The texts of law codes in Aryan civilization
In ancient India, polity was known by several terms like the Rajya sastra Dandaniti, Nitisastra, Rajadharma and 5 Hinda jurisprudence K.R.R.Sstry, Eastern krw house P.LTD-Calcutta. Page-6 "Manusmriti. " Ibid-11-6
8 Arthasastra. Some of these terms like the Rajadharma- Duties of the king, and Rajyasastra- science of the state. Monarchy was the normal form of the state. The science of politics and government naturally called Rajadharma or Rajyasastra. Niti is derived from the root 'ni' to lead. Niti is proper guidance or direction. It was held that the ethical course of conduct Nitisatra was the science of ethics. Proper guidance or direction usually pre-supposes prudence and wisdom. Thus Nitisatra also came to denote the science of wisdom. Greatest propriety, wisdom and careful thoughts have to deal the Nitisatra. In shaping and guiding the internal and foreign policy of the state, shows the term Nitisatra became very popular to designate the science of government from the fifth centaury A.D. The important works of ancient Nitissatras are Kamandakiya Nitisastra and sukraniti. Lakshmidhara's Nitikalpataru (1150.A.D.), Annambhatta's Niticandrika (1200A.D), Nilkandas Nitimayukha Mitramisras Vyavaharaprakasa (1625.A.D) are another works of and *A.S.Altekar-State and government in ancient India- Motilal Buarasidas publication- Delhi-page - 2-3
9 Nitisastra. During these periods the government was to secure all round progress and prosperity of society and those works were used for reference in jurisprudence. "Sukraniti" points that the stability and progress of the society in all directions and it enables the realization of the four fold goals connected with Dharma-Artha-Kama-Moksa. Arthasastra is another text for the science of politics. Artha means the avocation of men, Koutilya deals with the acquisition and protection of governance of territory'. This explanation to justify the use of the term Arthasastra for the science of politics appears to be rather forced and far-fetched. So the term which is used primarily on the science of politics, is known as Arthasastra. The origin and development of Nitisatras in ancient India, was a notable feature of ancient jurisprudence. Even semi secular and semi religious subjects like grammar, etymology and astronomy, began to be developed about the eighth century B .C. The science of polity existed much before the sixth century Manusyanamthirarthah, manusyavati bhumi rarthah tatprdhivyapalancbhyah sastratamitiArthasastra of kautilya- xv-chapter- 1.
10 B.C. The earlier period when the political science was composed is usually called the age of Vedas and the Brahmanas 10. During the seventh century B.C the science of politics began to be developed. The state was studded with small kingdoms. The advisors of kings, sages and scholars helped the king in the rule of state. Judgment was generally expected to discuss problems of administration, violation of laws etc. E.g. Santiparvan of Mahabharata devoted to Raja dharma or duties of the king and government. Chapters-63, 64, 56, 66, 67,55,57,70,76,94,96,20. The smrti period from 200B.C- 200 A.D; Manusmrti, (chap VII-IX), Visnusmrti (chap-iii) Yajnavalkyasmrti (chap-1- 304-67) introduced the topics of the duties of the different officer's, rules of civil and criminal laws and the different theories concerning the foreign policy. They possessed additional information (knowledge) of the rules of Varna, Asrama and prayascitta which are more useful manuals to the public. "Rigveda-X 191,173,166 ; IV-42; IX-92-6; VI-28-6
11 The early period in south India had produced some references like Tirukkural and Silappatikaram. They mentioned duties of the king and his officers as well as threw light on the political theories and the administrative structure of that period. Kamandakiya Nitisastra was composed probably in Gupta age. (500.AD). Sukraniti's period was rather uncertain. It was very important for the students of ancient Indian jurisprudence. Civil administration was described in great details along with judiciary. A number of compositions were written giving a comprehensive treatment of Dharma in its different branches during the period from 1000AD to 1700AD, most of these works helped the formation of modern jurisprudance. The RgVedic evidence shows that the Aryan society in early period was divided in to families, janmans, visas, and janas." Janmans consisted of villages claiming a common descent, and a number of such villages joined together by a Sa ijancna sa visa sa jamuana sa putrair vajam dharan dhanaurbhih - Rv II-26-3
12 kingship. Vis means vispati. Visas were closely knit together and on the battlefields battalions were often arranged from they have been recruited12. Several Visas formed a Jana or tribe and which had its own Janapati or the king. However Manusmrti which is the basic text for many social norms, codes and contact contains many social principles of laws. These lead to caste system, reconstruction of the state and untold misery of common people. As a result communal tensions increased and torture reached its peak during that time. Above mentioned law codes continued for a very long time.