Q4) Critically evaluate the social laws prescribed by Manu in Manusmriti.

• INTRO-
Manu Smriti, Sanskrit for “Laws of Manu” or “The Remembered Tradition of
Manu” also called Manavadharmasastra. It is one of the oldest and most
important pieces of literature of the Hindu code (Dharmashastra) in the smriti
section of the epics and the Puranas. It is a legal and ethical text that
provides guidelines for social, religious and moral code of conduct for
Hindus in ancient Indian society.

It’s origin is commonly attributed to the legendary rst man and lawgiver-
Sage Manu, in the form of a dialogue between him and the original Vedic
poets called rishis, enlightening them on various topics providing guidelines
for social, religious, and moral code of conduct for Hindus.It is said to have
been written roughly between 1200BC and 200BC.

There is ambiguity surrounding the legitimacy of Manu himself, with di erent

schools of thought believing him to be a gment of oral transmission of
knowledge or being complied by the joint e orts of a group of sages to use
as a means of establishing and perpetuating the hierarchical caste system.
Dr.B.R. Ambedkar has famously attributed its origin to Bhrigu, a sage during
a period of social pressures exerted with the rise of Buddhism.

• MANUSMRITI-

Manu laid the fundamentals of jurisprudence in ancient India and laid the
foundation of man-cosmic relation. It prescribes various social, ethical, and
legal principles for society.

• The Varna System-

The Varna system, as described in Manusmriti, is a hierarchical social
structure that categorizes individuals into four main varnas or social classes
based on birth as follows :

1. Brahmins: The Brahmins, considered the “highest varna” and were

associated with knowledge, learning, and spirituality. They are traditionally
priests, scholars, and teachers.

2. Kshatriyas: The Kshatriyas are the warrior and ruling class. They are
responsible for protecting society, maintaining law and order, and governing
the kingdom.

3. Vaishyas: The Vaishyas are the merchant and agricultural class. They
engage in trade, commerce, farming, and animal husbandry. They are
responsible for economic activities and wealth creation.
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 4. Shudras: The Shudras are the labor class. They perform manual labor and
provide services to the other varnas. They were considered subordinate to
the other varnas, formerly called “untouchables”.

Each varna had speci c duties and responsibilities based on the concept of
division of labor and social harmony, with each varna contributing to the
overall functioning of society.

• Kingship theory-
According to Manusmriti, the king's authority is derived from divine authority,
and the monarch's primary obligation is to enforce religious rules and
regulations. The king is expected to consult with Brahmins, the highest caste
in the social hierarchy, regarding the laws of government, thereby
consolidating their place in society.

The duties of the king included maintaining the treasury, providing relief
during times of need and charging extra taxes during emergencies like wars
and was responsible for maintaining order, administering proportionate
justice and protecting the weak, such as orphans and widows, is considered
the highest duty of the king.

• Crimes and punishments-

• Classi cation of Crimes: Manu categorized crimes into four main types
based on their severity: minor o enses (upapataka), major o enses
(mahapataka), heinous o enses (ati-pataka), and unpardonable o enses
(anuchita). The severity of the punishment varied depending on the
category, intention and the social status of the o ender.

• Punishments: Punishments include nes, corporal punishments, exile,

cutting of limbs and even capital punishment in extreme cases. He
believed fear to be a deterrent of crimes.

• Principles of Justice: Manusmriti emphasizes the principles of

proportionality and fairness in administering justice and the king is advised
to exercise caution and not administer justice in haste.

• Role of Witnesses: He believed it to be a social responsibly of witnesses

to report crimes and assist in the administration of justice and failure to do
so is seen as a punishable o ense.
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• Rehabilitation and Penance: Manu emphasized the importance of
rehabilitation and repentance and suggested reduction of severity of
punishment if the o ender was found genuinely remorseful.

• Dharma and Karma-

The concepts of dharma and karma play a signi cant role in Manusmriti.

Dharma refers to the moral and ethical principles that guide individuals and
society towards righteousness, social harmony, and spiritual liberation. It is
considered the foundation of a just and harmonious society. Manusmriti
emphasizes that dharma is inherent in the nature of individuals and should
guide their actions and responsibilities.

Karma, on the other hand, refers to the law of cause and e ect. It is believed
that every action, whether good or bad, has consequences that will be
experienced in this life or future lives. Manusmriti emphasizes the importance
of performing one's duties and responsibilities in accordance with dharma,
as it determines the quality of one's karma and ultimately a ects their future
experiences.

According to Manusmriti, individuals are born into speci c varnas (social

classes) and ashramas (stages of life) based on their karma from past lives.
By performing their duties in accordance with dharma, individuals can
improve their karma and progress towards spiritual liberation.

• Women in society -
• Duties and subordination- According to Manusmriti, the role of women is
primarily centered around their duties as wives and mothers. Women were
expected to be obedient to their fathers in their youth, their husbands after
marriage, and their sons if they become widowed. They are considered to
be dependent on male relatives throughout their lives.

• Chastity- Manusmriti emphasized the importance of chastity and delity

for women and considered her loyalty to her husband is crucial as women
who are unfaithful or disobedient bring dishonor to their families.

• Restrictions — Furthermore, Manusmriti restricted women's access to

education and participation in public life by stating that women have no
business with the text of the Vedas, the sacred scriptures of Hinduism. This
limitation on education and religious knowledge reinforces the subordinate
position of women in society.
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 • Objecti cation- Additionally, Manusmriti contains derogatory statements
about women, portraying their inherent nature as seductive and capable of
leading men astray. These statements re ect a patriarchal mindset that
objecti es women and undermines their autonomy.

• CRITICAL EVALUATION-

Manusmriti’s relevance today is a subject of debate and criticism. It’s various

prescriptions have been debated upon across multiple grounds as follows-

1.Gender Inequality: Manusmriti is often criticized for its patriarchal views

and the subordination of women. It assigns women a subordinate role in
society, limiting their rights and freedoms. In today's world, where gender
equality is a fundamental principle, Manusmriti's views on women are seen
as redundant and discriminatory.

2.Caste System: Manusmriti upholds the caste system, which is a

hierarchical social structure that discriminates against individuals based on
their birth. This system perpetuates social inequality and denies equal
opportunities to individuals. In modern times, there is a growing movement
against the caste system and Manusmriti's support for it is seen as
regressive.

3.Social Justice: Manusmriti is criticized for its lack of emphasis on social

justice and equality and prescribing laws in a way that increase the gap
between rich and poor. (Eg- land grants to Brahmins). It does not address
issues of poverty, discrimination, or exploitation. In today's society, there is a
greater focus on social justice and the need to address systemic inequalities.
Manusmriti's failure to address these issues makes it less relevant in
contemporary times.

4.Individual Autonomy: Manusmriti places signi cant emphasis on societal

norms and duties, often at the expense of individual autonomy. It restricts
personal freedoms and choices, particularly for women and individuals from
lower castes. In today's world, there is a greater emphasis on individual
rights and freedoms, making Manusmriti's restrictive nature less appealing to
growing individualistic sentiments across the globe.

5.Evolving Society: Manusmriti was written in a di erent historical and

cultural context, and its principles may not align with the values and needs of
modern society. Society has evolved signi cantly since the time of
Manusmriti, and there is a need for legal and ethical frameworks that re ect
the changing dynamics of society while accommodating the aspirations and
values of all its members.
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Many Hindus today reject the discriminatory aspects of Manusmriti and
advocate for a more inclusive and egalitarian interpretation of Hindu
scriptures.

Dr. B.R. Ambedkar burned Manusmriti on 25 December 1927 as a means of

symbolic protest against the legitimising of the discriminatory caste system
and injustices against Dalits and women by using Manu as a tool.
Additionally, feminist anti-caste revolutionaries like Mahatma Phule,
Thanthai Periyar have attacked the Manusmriti on grounds of subordination
of women under the cluthes of Brahmanical patriarchy.

Not only were Shudras denied education, verse 18, Chapter IX of the
Manusmriti declares, “Women have no business with the text of the Vedas.”
While Manu also makes controversial and derogatory statements on the
character of women in general as follows-

“Swabhav ev narinam .....” – 2/213. It is the nature of women to seduce men

in this world; for that reason, the wise are never unguarded in the company
of females.

“Avidvam samlam...........” – 2/214. Women, true to their class character, are

capable of leading astray men in this world, not only a fool but even a
learned and wise man. Both become slaves of desire.

Feminists have taken o ence to such statements as they are considered

deep rooted in patriarchal mindsets that objectify women. The Manu texts
have also not given importance to the education of women which leaves
them stuck in a vicious cycle.

• CONCLUSION-

In conclusion, the social laws prescribed in Manusmriti, while having laid

important foundations for ethics and the role of good deeds as well as social
responsibility for the general good, have faced criticism for their gender
inequality, support for the caste system, lack of emphasis on social justice,
restriction of individual autonomy and their incompatibility with the values of
a modern society. Manusmriti's relevance today is questionable, as it was
written in a di erent historical and cultural context. The criticism of B.R.
Ambedkar and other social reformers highlights the need for a more inclusive
and egalitarian interpretation of Hindu scriptures. As society evolves, there is
a growing recognition of the importance of equality, social justice, and
individual rights, which challenge the principles laid down in Manusmriti.
Overall, Manu is an important piece of literature and history which needs to
be studied for better administration and understanding of ancient Indian
context.
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