Professional Documents
Culture Documents
Types of Courts-
Dharmasthya courts
Kashtak Sodhan
Jana Court
In Dharmasthya court they took up cases related to disputes among people their
behaviour nature who lived within the territory for example marriages or
divorce property disputes weights or measures.
Janakot or the public court justice was given in this court by the experienced
seniors this court took up cases related to agriculture animal husbandry roads
maintenance of might shelters covered a very small area.
RajMandal:-
The Interstate relations have been dealt by kautilya Under Mandal theory a
group of states is Called Mandala theory or mandala Siddhant today we can
relate these to foreign policy or relationship between countries mandala theory
is based on certain assumptions.
1. Swami or the king in his very nature believed in expansion and calls him
vijigishu/king/swami.Their basic nature and duties .
2. The adjacent state to vijigishu is natural energy .
3. Enemies next adjacent state would king’s natural friend or allie.
4. Relationship between state is dependent on diplomacy.
5. Defence and security of the state is dependent on balance of power.
In Kautilya’s Mandala theory there are different things apart from Vijigishu.
All the enemies who could affect vijigishu are arimitra Vijigishu are mitra and
Mitra’s mitra .
In Raj Dharma there is a scheme of alternate friend and alternative enemy .
Features of Mandala
Amatya
Janpad
Durga
Kosha
Danda
The policy of yana takes into consideration that when the state elements are on
a rise and there is an increase in capabilities the state should engage and
mobilise its resources to prepare for war.
Please Sadhgunya or the six faced foreign policy is made effective by 4 fold
upayas or devices which are considered so doctrine of setting conflicts among
the politicians powers
the devices are-
Sama(Consolidation over act of gentle persuasion )
Dama(Giving gifts or appeasing )
Danda(punishment )
Bhed(the art of aggression division amongst the parties opposed to each
other )
Manu Smriti also prescribes rules and regulations for the king ie Rajdharma and
laws related to civic matters like trade and business . The purpose behind this
rigidity was to preserve dharma the social order marked by hierarchical warna
system where the Brahmanas enjoy more social privileges and Sudra the least.
The proper sphere of activity for the Brahman is the study of Vedas for
Kshatriya’s the statecraft for Vasiya’s trade and money lending and shudras’s
duties to serve the above three.the Sudharas were not entitled to education all
the four Verna’s enjoyed complete control over the women of their social
category.
Social laws dominate the political and personal sphere the aim was the
preservation of social order.Manu Smriti had 2694 stanzas divided in 12 chapters
that cover range of issues like-
Cast restriction
Dietary restriction
restriction on women
rites of marriage
rites of death
rites of sacrifice ceremonies
purification rituals
penalties of breaking these rules and
rules of polity is the followed by king
Thus Manu social laws provides a glimpse as to how a society ought to be
organized.Manu Smriti appears to be an attempt by socially powerful section of
Indian societies to retain and preserve this social order of their privilege at the
same time when rapid historical changes were taking place.
Sources of law-
Manu Smriti is a part of several Smritis. One of the smriti of Hindu religion which
refers to knowledge received from tradition and the other source is Shruti’s
which refers to revealed knowledge or divine knowledge with as belong to the
Shruti Group and occupy a superior position thus we say there are two sources
of now 1st is the divine source and other is the traditional source.
The King was created to protect and control the chair and fear in the society
which existed without the ruler.Kshatriya who had received training in Vedic
tradition and had gone through religious practices from childrenhood Was fit to
be king according to Manu.
Hawking is superior to all the living beings because he is made out of divine
elements from Veds. manu demanded total obedience to the laws of the king.
king preserved and protects the social order of the four vernas.ie- King
preserves the Dharma. Hence disobedience to King invites severe
puninsment(Danda).
Manu says that Danda is applied with due consideration is in order to lead
towards happiness.Reckless application of punishment destroys everything.
Manu fears that in absence of punishment the Verna system can also crumble
down as intercaste marriages would lead to pollution of the society.An ideal king
therefore has to be truthful to the social order and should observe justice to the
Dharma by making sure that social economic restriction placed by the Verna
order are not broken.
The king should always remember to be strict observer of caste order worship
the learned and aged Brahmins and culminate or shutdown Gambling,addiction
of alcohol, women or any objectivity. Manu Involves the divine theory of
kingship and takes about Dunda as the instrument of Rajdharma.Manu advises
the king should employ 7 to 8 minister who belong to upper caste noble family
and trained in weapon and kings should consult them in matters of peace war
and administration of the king, treasury revenue and defense etc.
The twice born man who In their family used women of lower caste will soon
degrade their family and their children to the state of Sudra’s but technically
laws of Manu states that women are permitted to marry those of their own cast
or those of the higher caste. a Man may marry within his caste or two women of
lower caste or to women of their own caste .
Manu Smriti talks about eight types of marriages that are recognized by
Brahmanical traditions-
1. Brahma
2. Daiva
3. Arsha
4. Prajapatya
5. Ashura
6. Gandharva
7. Rakshasa
8. Paishacha
Brahma Vivah
When the daughter marriages a wealthy and learned man in Vedas. And is given
jewellery.
Daiva
A form of marriage when the man is a priest. Here the daughter along with
ornaments is given.
Arsha
When father gives away the daughter in return of a pair of Buri and cow from
bridegroom.
Prajapatya
The father gives away their daughter with due honor and blessing
Ashura
When bridegroom received the women after giving wealth
Gandharva
It’s mutual love between a man and a woman or the modern they love marriage
Rakshasa
Forcible abduction of the women from her home after killing or slaying her
kingdom
Paishacha
Seduction of a woman who is intonigated or sleepy(unconscious) and having a
relation with her.It is the most sinful of marriage
The punishment described by Manu Smriti reflects the caste order observed
balance for Brahmins and severity for the lower Varnas. The minimum
punishment for Brahmins was that he could be banished he was exempted from
torture and capital punishment.
Shudra who insulted twice born man will have his tongue cut sudras were given
severe corporal punishment.
Social laws in Manusmriti:-
Manu idealized the social system where each caste worked as per its allotted
profession and the interaction between them was bare minimum it was a king’s
duty to maintain social order it restricted marriages with caste and saw mixed
caste with contempt additional restriction were placed on women.
Marriage-
Marriage laws prescribed by Manu Smriti wear strictly as broadcast ranking
brahman’s first marriage should take place with the women of equal cast for
subsequent marriage he can have wife from lower three varnas but a Brahmin is
strongly advised against marrying a sutra women as the union will result in
misfunction for men..
Manu on Women-
Manu has depicted women as being who need to be guarded and controlled
primarily by the men of their family order.Manu Smriti sees them entities who
can lead a virtuous man as tray from Dharma and down the path of decise they
have been portrayed as assets which if suitably controlled can lead to pleasure
and prosperity of the owner ie the husband.
Manus Marathi prescribes that the women should manage their household with
cheerfulness she should be cheerful in her duties she must be always cheerful,
clever on management of her household affairs. Careful in cleaning her utensils
and economical in her expenditures.
Women should be cultivated to be treated in such a manner as it her dharma it
is the duty of married women to be loyal to her husband even if the husband
posses no good qualities the wife should stay with him and obey him. A faithful
wife must be devoted to her husband in life and in death even after the death of
her husband a woman should not remarry and maintain her chastity no such
burden is placed upon men who lose their wife.
The control of the women must be exercised by men of all caste. Our women’s
desired needs to be controlled no men can completely guard the women by
force women should be engaged in Household work take up household and
religious duties women and her labor should be controlled across Verna
boundaries women’s body and labor are for the exclusive enjoyment used by
men.
However on contrary at Some point Manus Priti has given reference and shown
respect for women and said “women must be honored and adored” God smiles
on the families where females are honored or held in respect.Families and
societies are respected and prosper if women are respected mother’s position
was higher than that of father and guru women as a wife was husband’s
ardhangini. The best marriage was the Brahma marriage where there was no
dowry manusriti also talks about Stridharan, inheritance rights to unmarried
daughters a daughter only had the rights over the personal property of a mother
women .
Pregnant women widows or old women or Sikh women were not to be given
severe punishment they were to be protected and it was the duty of the
menfolk to give her protection.
Abul Fazl:-
Court poet
Liberal,Forward
Abul Fazl(1551-1602) Was a historian, officer chief secretary, Confident of the
Mughal Emperor Akbar he was an eminent historian of medieval India along
with Ziauddin Barni. His writings appeal to reason against religion and cultural
traditions his interpretations of history was linked to political social economic
and religious realities of the period and addressed the plurality and diversity of
the Indian society.
He was against the hardline Islam and challenged the conservative narrow views
of the ole mas he was with Akbar four 2 and half decades. Abu Fazal was
influenced by the works and thoughts of Ibn Arabi Who spoke about
transcendental unity. Once its reality is recognised the differences seen in the
sensory world It is bound to lose its significance and became illusory. Abulfazal
introduced Akbar to this spiritual views in his Ain-i-Akbari through these ideas
he erased the superior position of the religious leader and the focus came to the
king the religious leader interpret the religious tend but the king is the Master of
worldly affairs.
AkbarNama opens with the praise of Allah and traces Akbar’s lineage Into 53
generations of his ancestors.Akbarnama is divided into three parts-
1. In the first part Akbar Nawa contains an account of Akbar’s ancestors
including his father Humayun.
2. In the second part gives a complete account of Akbar's reign up to his 46th
year.
3. The third part of AkbarNama called Aini Akbari which is unique
compilation of the system of administration and control over various
departments of government it has details about resources conditions
population wealth religious and philosophical system of the Hindus and
their customs etc thus Abul Fazal gave a comprehensive account of Mughal
administration and state structure.
Abu Fazal’s ideas on governance. Abu Fazal as a theorist developed an ideology
not only for Akbar but for the Mughal civilisation abul Fazal’s approach was fold
and revolutionary.
As he considered all credits possessing the same universal truth hence
propagating equality among all the religions he also spoke about separating
politics from religion this he did by elevating Akbar’s position from a leader of a
religious community to that of an emperor.
Abu Fazal’s approach was rational and secular which is a hallmark of his writings
he adopted new methodologies to collect the facts and made them the basis of
his political investigation he recorded the facts pertaining to socio economic
political life he collected material facts after careful enquiries and investigation
and presented them in a clear and systematic order he questioned the validity of
sources and explained them and then reached to the conclusion. Reports
memorandum of all the offices imperial farmers were consulted by him before
he reached conclusion.
Abul Fazl said “A just ruler who is able to convert like a salt impure into pure bad
into good the just ruler was characterised by tolerance respect for reason and a
fatherly love to all his subjects regardless of their religion or creed.
As the Badshah has divine sanctity wisdom he banished from his heart
everything that is conflicting god guides him to be like a son like rain maintain
harmony to rise above mean conflicts differences and this is what makes him a
perfect man and a spiritual guide to his subjects for Abul Fazl Akbar was the
ideal king and that why he looked at Akbar as a complete man who could never
be wrong.
He also talks about Sulekha known as universal peace it was the spirit of
universal peace that Akbar could integrate divorce culture groups into a stable
administrative and military system it was due to Sulekha that a monarch could
be an absolute monarch with undivided and ultimate powers a Ac to Abul Fazl
King was an epitome or symbol of divine tolerance the agent of God who could
not practise discrimination among various faiths present in the society sulh-i-kul
was a principle of universal peace religious tolerance social harmony Abul Fazl
also talk about universal love which is Mohabbat-i-kul which means universal
love for Brotherhood and humans race He advised Akbar on both these policies
of Mohabbat-i-kul and Sulh-i-kul so that he could win the hearts of people Abul
Fazl binds the rulers with elements of natural powers or father figure he says
that the king must understand the spirit of the age exercise and act accordingly
the rule of the ideal king is longlasting, just and peaceful only when the king
considers justice as the highest virtue.
An Individual should keep company of good men from all faiths make peace with
people should speak to silence and through these ideas sulh-i-kul became the
base for modern secular state based on tolerance and universal brotherhood.
Abul Fazl’s view on administrative reforms:-