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....
8. The things which are not eligible for pleadings (Paksabhasa-Laksana)
The complaints made by dependent persons, the complaints which are not natural, the complaints made by outcastes etc are not fit for trial. The complaints made by drunkards, lunatics, diseased persons, pessimistic person, the boys below the age of sixteen and old above eighty are not taken into account. Certain cases, the complaints such as between master and servant, teacher and student, father and mother, husband and wife are not eligible for the trail. On other hand in certain circumstances, by taking the seriousness of the matter, the trial will be proceeded. For example, in the cases of physical torture of the student by the master and the complaint of the student in the court, the son sells the property in unlawful manner and the father complaining it in the court, the husband even after receiving dowry, tortures wife and the wife
127 approaching the court afflicted with sorrow, the denial of salary to the workers after doing jobs etc should be taken into consideration and the culprits should be legally punished. If many people complaints together, on a number of suits, against a person, the court would not consider the case. The complaints for the each topic should be given separately, for the case to be considered. The complaints by aristocratic Virgil or complaints without the order of master are not taken into consideration for trial. There are six types of Paksabhasa. Aprasidha, Nirabadha, Nirarthaka, Nisprayojana, Asadhya and Virudha. The cases which are not eligible for trial are the following - not famous or not well known (Aprasidha), not affected (Nirabadha), meaningless (Nirarthaka), impossible (Asadhya), creating controversy (Virudha) useless(Nisprayojana). For instance, if one complaints 'my bow made by the horn of hare has been stolen by another' is an example of Aprasidha. If one complaints that 'with the light of my lamp another person is
128 eating food is Nirabadha. The case of 'uttering meaningless words' comes under Nirarthaka. If 'he laughed at me looking through the corners of his eyes' is Nisprayojana, 'a dumb abused me' is Virudha, 'I must get the moon' is Asadhya. The above mentioned six types of complaints must be avoided.