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The ancient Indian people expected equality in law. Their method of punishment was also practical. Some examples are:-(1) Economic condition- Yajnavalkya Insists that if a rich man or poor man commits the same type of crime, there should be some differences in punishment according to the economic condition of the culprits. karsapanam bhavedandyo yatranyaprakrto janah / 34 tatrojano bhavedandyah sahasramiti dharana³4|| For the same crime a rich man should be punished thousand times more than a poor man. This principle is not yet 33 kdando adba rumandanda kayadindastadaniya ( * Yajnavalkyasmiti-1-340

33 recognized by modern law. Yajnavalkya and others say that more punishments should be given to educated people who commit mistakes. yene dwesena sudrasya dando bhavati dharmatah/ tena visksatra vipranam dviguno dviguno bhavet.// In the caste system if they do the same type of crime, Brahmin should be given highest form of punishment and Sudra should be given the lowest type. Brahmins were given severe punishments for crimes such as crimes of drinking, cheating, stealing and immoral traffic. However the western jurisprudence accepted the principles that 'ignorance of law' is no excuse. The Taithiriya Upanisad advises that only non refusal deeds should be done. yanyavadhyani karmani sevitavyani no itharani³ Responsibilities of Dharma were enforced rather than acquired as rights. It is enshrined in Smrtis that punishments will 35 Taitkiriya Upanisad

34 be accorded to those who disobey the laws. Some examples of denial of judgments are given below- (a) "satyam vada no itharet" tell only the truth do not tell a lie. According to this false witnesses will be punished. (b) 'na himsayet'- do not kill any body. Killing or give trouble others is punishable. Troubling animals will also be punished. (c)'dharmam cara'- do as per dharma contracts. Acts against Dharma is not valid. Man has three liabilities such as rsi, pity and deva rna. (rna trayah) (d) In Mbh. Adiparva mentioned is about the fourth human 36 liability. According to this, a son has liability towards his father. (e) Give respect to ladies - No body can interfere on the rights of women or her property. It is a part of divine orders of jaimini. 37 (f) Marriage rights are seen in Rigveda Apastambha says that after marriage there should not be any division of property between husband and wife. 37 ratha adhipurva-120:17-20 4:1-17

35 (g) The thought that all property belong to God is mentioned in Isavasyopanisad, We should not crave for even a small portion of property. Mahabharatha Santiparva says that those who desire more property should be considered as thieves. Yajnavalkya and Manu say that the king will decide the value of property according to time. The king should take taxes as honey bees drink honey³ Katyayana prohibited gambling. 38 (h)Polygamy named by niyoga criticized by Apastambhan gave warning that Vedas Should not be wrongly interpreted. But 39 Manu and Brihaspati objected this niyoga³. Narada gave permission for marriage of widows. Thus many lofty ideas can be seen in ancient jurisprudence.