MANUSMRITI

HISTORY

Submitted by

KRISHNA KOUSIKI

2014065

SEMESTER I

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM NOVEMBER 2014

TABLE OF CONTENTS

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1. INTRODUCTION (ABSTRACT)

2. DATES AND CONTEXT

3. NATURE AND PURPOSE

4. COMMENTARIES

5. CHAPTERS

6. CREATION OF UNIVERSE

7. DEFINTION OF DHARMA AND SOURCES OF DHARMA

8. STUDENT SHIP -MARRIAGE

9. RULE OF LIFE – HOUSE HOLDERS CODE OF CONDUCT

10. RULE GOVERNING FORESTS

11. RAJA DHARMA

12. RULES OF CONDUCT FOR ALL

13. KARMA-THE KNOWLEDGE OF SELF-THE HIGHEST MEANS OF BLISS

14. CONCLUSION

CERTIFICATE

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TITLE OF SUBJECT: MANUSMRITI

NAME OF FACULTY: VISWA CHANDRA MADASU

I KRISHNA KOUSIKI hereby declares that this project

case study: MANUSMRITI. Submitted by me is an original work

undertaken by me. I have duly acknowledged all the sources from which

the ideas and extracts have been taken. The project is free from any

plagiarism issue.

PLACE: Vishakhapatnam.

(Signature of the student)

Roll no: 2014065

Semester-1

INTRODUCTION (ABSTRACT)1

1 https://www.google.co.in/search?q=MANUSMRITI&oq=MANUSMRITI&aqs=chrome..69i57.3962j0j7&sourceid=chrome&es_sm=122&ie=UTF-8

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The Manusmrti or “Laws of Manu”, Sanskrit Manusmrti also know as Manava-Dharmasastra is the most important and earliest metricalwork of the Dharmasastra textual tradition of Hinduism.

The text presents itself as a discourse given by Manu, the progenitor of mankind to a group of seers, or rishis, who beseech him to tell them the “law of social classes”. Manu became the standard point of reference for all future Dharmasastras that followed it. According to Hindu tradition, the Manu smruti records the words of Brahma.

The Sanskrit text was edited in 1913 by P.H.Pandya and in 1920 by J.R.Gharpure. The text was first translated into English (from manuscripts) in 1794 by Sir William Jones.

Modern reception:- The Manusmriti is considered an important source for the sociological history of ancient and medival India. Since it forms the basis of the caste, economics, etc. It has been subject to appraisal and criticism. On 25th December 1927,thousands of people burnt copes of Manusmrti under leadership of B.R.Ambedkar.

DATES AND CONTEXT

The text shows the obvious influence of previous Dharmasutras and Arthashatras. In particular, the Manusmriti was the first to adopt the term vyavaharapadas. These eeighteen “Grounds for Litigation” make up more than one fifth of the work and deal primarily with matters of the king, state, and judicial procedure. The dharma class of texts were noteworthy because they did not depend on the authority of particular Vedic schools, becoming the starting point of an independent tradition that emphasized dharma itself and not its vedic origins.

Sir William Jones assigned Manusmriti to a period of 1250 BCE. Karl Wilhelm Friedrich Schlegel assigned it to 1000 BCE. In present form, Manusmriti is commonly dated to 5th century BCE. Some scholars have estimated to be anywhere between 200 BCE and 200 CE. Most scholars consider the text a composite put together over a long period of time, although Olivelle (2010) argues that the complex and consistent structure of the text suggests a single author or chairman.

After the breakdown of the Maurya and Shunga empires, there was a period of un certainty that led to renewed interest in traditional social norms. In Thapar’s view, “The severity of the dharma-shastras was doubtless a commentary arising from the insecurity of the orthodox in an age of flux.

NATURE AND PURPOSE

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The Manusmriti is compiled with a focus on the “shoulds” of dharma rather then on the actuality of every day practice in india after the decline and collapse of the Mauryan Empire.Still,its practical application should not be underestimated.Through intermediate forces such as the instruction of scholars,the teachings did indeed have indirect effect on major segments of the Indian population. It is also an invaluable point of common reference in scholarly debates.

It seems likely that the book was written in manner which was very mindful to the dangers facing the Brahmin community during the time of much change and social upheaval. A renewed alliance between the Brahmin and Ksatra communities is clearly a goal reflected in the introduction of the vyavaharapadas. The emphasis which this topic receives can be seen as an offering of solidarity from the religious community to the ruling class.

COMMENTARIES

There are numerous classical commentaries on the manusmrti written in the medieval period

Bharuci

Bharuci is the oldest known commentator on the manusmrti. Kane places in the late 10th or early 11th century, Olivelle places him in the 8th century, and Derrett places him in between 600 -650 CE. From these three opinions we can place Bharuci anywhere from the early 7th century CE to the early 11th century CE. The surviving portion of Bharuci’s commentary that we have today deals mostly with the duties of the king and whether or not the king can be a source of dharma.

Medhatithi

Medhatithi is one of the most famous commentators on the manusmrti, and there is some debate regarding the location in which he was writing, but scholars such as Buhler, Kane and Lingat tend to believe he was Kashmir or the area around Kashmir. The exact date that Medhatithi was writing was also unclear, and he has been placed anywhere between about 820 and 1050.2

POLITICAL AND ADMINISTRATION

The history of ancient Indian political thought is the story of greatminds. Manu and Kautilya, the ancient Indian thinkers have given ustheir rich political and administrative ideas and policies. Manusmritiholds a position of pre-eminence in the Hindu literature. It is the oldestand wellknown smriti. Manusmriti or Manava dharmasastra is a “work of encyclopaedic scope.Manu was one of the most original thinkers of ancient Indian political thought. Most of the commentators on ancient Indian thought are of the view that Manu belongs to fourth century B.C. Manusmriti is a storehouse of information on the social, judicialand political life of that

2 https://www.google.co.in/search?q=MANUSMRITI&oq=MANUSMRITI&aqs=chrome..69i57.3962j0j7&sourceid=chrome&es_sm=122&ie=UTF-8

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period. It contains social obligations and duties of various castes of individuals in different stages of life. The Manusmriti is the most authoritative work on Hindu Law and presents the normal form of Hindu society and civilisation. So, it is Manu who gave the stamp of sanctity and permanence to the socio-political institutions of the land and provided the first code of civil and criminal law. Kautilya’s Arthasashtra is another great work on ancient political thought which was probably composed between 3rd-2nd Century B.C. Kautilya was the great Prime Minister of Chandragupta Maurya Kautilya’s Arthashastra is primarily a work on the art of government.

In his political and administrative ideas, the focus of attention was the king. According to his philosophy, for the smooth running of administration and for the welfare of the people, the king had to be conversant in the four Vedas and four sciences of government (Anvikashaki, Trai, Varta and Dandniti). Kautilya’s administrative and judicial structure was hierarchical in nature. As for justice, he emphasised on the principal of equity and immediacy. As for law and order, he believed that law was a royal command enforced by sanctions. Although political speculations in ancient India are older than Manusmriti and Arthashastra yet in the absence of written records it is difficult to trace the political and administrative ideas of the thinkers of pre Manu and pre Kautilya period. So, Manu and Kautilya are responsible for tracing the history of ancient thought prior to them. A comparative study of Manu and Kautilya’s works revealed that the former was a bold departure from the latter. Kautilya’s Arthashastra itself cleared that Manu was his properly inflicted after consideration it made all people happy. In modern times, state is sanctioned by the judgement of society while in ancient times, it was permitted by the judgement of the ruler himself. The modern state also maintains huge armies, raises colossal funds, have a large array of executive officials and exercises vast powers like in ancient time.

Arthashastra, which gave it a new turn but did not entirely discard the legacy which it had inherited. In the pre-period of Manu and Kautilya the civilization had also a well organised Political system, but in the absence of written records it is not possible to trace the political and administrative ideas of the thinkers during that period. Thus Manu and Kautilya were responsible for preparing the ground for the latter is unfortunately a point that cannot now be determined, since the work of those scholars have been lost, the only reference to most of them being found in Mahabharata, and particularly in the Arthasastra itself. Kautilya’s Arthashastra has been made as a compendium of all Arthashastras before his period, which as a guidance to Kings in acquiring and maintaining the earth, have been written by ancient teachers.

Manusmriti refers to the sacred character of the laws in the four castes and four orders to the ancient customs and duties of the king. Kautilya did not condemn the moorings of the ancient dharamasastras, but he added some new political ideas for the political institutions and also reinterpreted some existing ones. He also mentioned the relative importance of the sacred law and the state law. Manu and Kautilya has given us comprehensive political and administrative ideas. They both believed in Vedas and goodness of human nature. But they also believed that the common man could be kept under control, and on the path of truth by the fear of punishment. To maintain peace and order in the state both believed in Dandniti. But their approach to the

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subject is different. Manu believed that it is danda, which rules over all the subjects. But Kautilya’s philosophy was that punishment was not to be viewed only its aspect. It5 established law and order in society and proper progress in religious and economic aspects.

Kautilya’s Arthashastra is the most important work on policy and administration. The main objectives of Kautilya’s life was the attainment of Dharma, Artha, Kama and Moksha. Manu and Kautilya are the most significant thinkers which depicted the highly developed political ideas. Although there are certain changes in the political and administration set up according to the changed environment but still the reflection of Manu and Kautilya’s Philosophy in modern set up is visible. Thus Manu and Kautilya are still relevant for political and administrative purposes as well as for academic research. According to their philosophy without proper political and administrative policies the protection of people is not possible. The present study purposes to make a humble attempt in understanding analysing and comparing the views of Manu and Kautilya on major political and administrative issues in its aspect.

It established law and order in society and proper progress in religious and economic aspects. Kautilya’s Arthashastra is the most important work on policy and administration. The main objectives of Kautilya’s life was the attainment of Dharma, Artha, Kama and Moksha. Manu and Kautilya are the most significant thinkers which depicted the highly developed political ideas. Although there are certain changes in the political and administration set up according to the changed environment but still the reflection of Manu and Kautilya’s Philosophy in modern set up is visible. Thus Manu and Kautilya are still relevant for political and administrative purposes as well as for academic research. According to their philosophy without proper political and administrative policies the protection of people is not possible. The present study purposes to make a humble attempt in understanding analysing and comparing the views of Manu and Kautilya on major political and administrative issues.

predecessor and he followed the concept of the state given by Manu. Manusmriti referred to the sacred character of the laws in the four castes and four orders to the ancient customs and duties of the king while Kautilya did not condemn the moorings of the ancient Dharmasastra but he added new political institutions and also interpreted some existing ones. He also mentioned the relative importance of the sacred law and the state law but he put greater stress on the state law while Manu adopted the sacred character of the law.

Manu made it clear that it was trayi (Three Vedas) that kept the mind steady and firm while Kautilya laid more emphasis on Anvikashaki (Philosophy). Although Kautilya followed the idea of the state of Manu but the nature of the state was not the same. Manu was concentrating more on problems like the duties of Varnas, the purity of family life, sanctity of social institutions and social life as laid down in the dharmasastra while Kautilya discussed more realistically and as a matter of fact problems like battles, war, conduct of government departments, internal and external dangers to the state and espionage. However, both Manu and Kautilya recognised the

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importance of Vedas and Dharma, but they had different views on them. They also differed on their views on other concepts like sovereignty, dandniti, wealth, size of state etc.

During that period people found themselves in trouble and fled in all directions. For their protection the lord created a king. The kingship is thus divine in origin. It is also believed that in ancient time people themselves selected Manu as their king for their protection and agreed to pay him the necessary taxes. The theoretical concept of the state, as we now understand it, was non-existent in the past, at that time there was no difference between state and government as has been done in the modern times. Although there are lots of changes in the political and administrative set up according to the changed environment but still the reflection of Manu and Kautilya’s philosophy in modern set up is visible. In the times of Manu and Kautilya, state was intelligible in the context of the nature of the modern state. During those times the theory of danda really converted the state into crystallised force. They opined that if the danda was

CHAPTERS

The manusmrti is divided into 12 chapters and consists of 2694 verses. It is written in asimple and fluent style.

1. Creation of universe 2. Definition of dharma and sources of dharma 3. Student ship-marriage 4. Rule of life –house holders code of conduct5. Rule governing cultivation and food 6. Rule governing forests7. Raja Dharma 8. King’s duty relating to administration of justice

King and/as judge Other persons as judges Constitution of sabha Duty to restore stolen wealth Creditors means to recover debts Ground on which the plaintiff may fail in his suit

9. Duties of husband and wife –partition of family-sonship-5 major sins-the punishments 10. Rules of conduct for all 11. Seven proper modes of livelihood 12. Karma – the knowledge of self-the highest means of bliss.

CREATION OF UNIVERSE

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As per Hindu mythology, Brahma was born from a (kamala) lotus springing from Vishnu's navel and created the world through his daughter Saraswati. According to Manu Smriti, the self- existent Lord manifested to dispel the darkness enveloping universe. He created the waters and deposited a seed that became a golden egg from which he was born as Brahma. He divided the egg into two parts to construct the heaven and earth, and created the ten Prajapatis, mind-born sons, who completed the work of creation. By a third account, the Lord separated himself into two parts, the male and the female after dividing the golden egg. From him sprang Viraja and from him Manu. Ramayana states that Brahma sprang from the ether and that sages Marichi, Atri, Angiras, Narada, Sanaka, Sanandana, Sanatkumara, Sanasujata and others are his manasa putras (mentally conceived sons). From Marichi sprang Kashyapa from whom sprang Vishwavata who created Manu, the procreator of all human beings. Thus, Manu is Brahma's great grandson.3

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DEFINITION OF DHARMA AND SOURCES OF DHARMA

Dharma is a Sanskrit word and the derived Prakrit word is Dhamma.

Hinduism describes dharma as the natural universal laws whose observance enables humans to be contented and happy, and to save himself from degradation and suffering. Dharma is the moral law combined with spiritual discipline that guides one's life. Hindus consider dharma the very foundation of life. It means "that which holds" the people of this world and the whole creation. Dharma is the "law of being" without which things cannot exist. Dharma in the Buddhist scriptures has a variety of meanings, including "phenomenon", and "nature" or “characteristic”. Dharma can mean the source of all mental experiences. Dharma means Achara or the regulation of daily life. Achara is the supreme Dharma. It is the basis of Tapas or austerity. It leads to wealth, beauty, longevity and continuity of lineage. Evil conduct and immorality will lead to ill-fame, sorrow, disease and premature death.4

Practice of Dharma leads to the perfect realisation of essential unity or the final end, the highest good, namely, Moksha (liberation). The practitioner experiences peace, joy, strength and tranquillity within himself. His life becomes thoroughly disciplined. His powers and capacities are exceedingly intensified. He realises that there is one underlying homogeneous essence, a living truth, behind these names and forms. He is transmuted into divinity. His whole nature gets transformed. He becomes one with the Eternal. He beholds Brahman (the Supreme Reality) above, Brahman below, Brahman to the right, Brahman to the left, Brahman in front, Brahman at the back, Brahman within, Brahman without and Brahman pervading the whole world.

Hindus have had a culture, civilisation and religion millennia older than those of any other country or people. God did speak to the world through India’s Rishis, Yogis, Mahatmas, Alvars,

3 http://www.sacred-texts.com/hin/manu/manu01.htm

4 http://en.wikipedia.org/wiki/Dharma

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prophets, Acharyas, Sannyasins and saints. Their teachings are really inspired. God is the one Light and Truth from whom emanate the teachings of all faiths.

Ahimsa or non-violence is the most important virtue. That is the reason why Patanjali Maharshi has placed it first in Yama. Practice of Ahimsa must be in thought, word and deed. Practice of Ahimsa is not impotence or cowardice or weakness. It is the highest type of heroism. The practice demands immense patience, forbearance and endurance, infinite inner spiritual strength and gigantic will-power.

In manusmriti5 and yajnavalka smriti atmatusti is also given as a source of dharma. However later texts and commentaries do not mention this source of dharma. The sources are mainly the vedas, Brahman, upanishads, the Ramayana and the Mahabharata, samhita, Aranyakas, Sutras and smritis, the Nitis, The purana and the Dharmashastra. The first of these consisted of myths and legends which have been borrowed from the puranas and the epics. There are stories from Mahabharata and Ramayana. All these stories, myths and legends have a particular moral. The moral is emphasized when the particular myth is narrated on certain ritual occasions. The very theme of mahabharata is the doctrine of karma, dharma and rebrith. The third source of dharma is universally accepted by all castes. The nature of dharma is complex. The principles of dharma are deep and the average common man generally follows the path trodden by his ancestor and predecessors. Tradition is the best source of dharma. Traditions vary from caste to caste and from region to region.

STUDENT SHIP -MARRIAGE

An Arya must study the whole of the Veda along with the Upanishads and also perform at the same time the austerities and vows prescribed by the Veda. Upanayanaa or the initiation ceremony, where one is given the sacred thread, should be performed at the age of eight for a Brahmin, eleven for a kshatriya and twelve for a vaishya. After initiatiation the teacher must instruct the disciple on the rules of personal purification, of conduct, of the fire worship and the morning and evening devotions.

Let an Arya who has been initiated offer fuel in the sacred fire, beg food, sleep on bare ground and do what is beneficial to his teacher till he is ready to return home. The initiated student must be instructed in the performance of vows and must learn the Veda gradually, observing the prescribed rules. The student must observe the following restrictions, duly controlling his organs to increase spiritual merit.

Everyday, after bathing, he must offer libations to the Gods, sages and manes, worship the Gods and place fuel on the sacred fire. Let him abstain from honey, meat, perfumes, garlands, spices, women, all substances which turn acid and from doing harm to living creatures. Let him abstain from anointing his body, applying collyrium to his eyes, using shoes or umbrella, from desire, anger, covetousness, dancing, singing and playing musical instruments. Let him abstain from

5 http://thelawyerschronicle.com/dharma-the-soul-of-hindu-legal-philospophy/

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gambling, idle disputes, backbiting, lying, from looking at and touching women and from hurting others.

Let him always sleep alone. Let him constantly subsist on alms, but should not beg food from one person only. Begging food is equal in merit to fasting. Let him fetch water, flowers, cowdung, earth and kusha grass, as much as may be required by his teacher. The teacher of the Veda is more venerable than one's own father. While the birth for the sake of the Veda ensures eternal rewards both in this life and after, the birth the teacher of the Veda procures for him is real and exempt from birth and death.

The vow of studying the three Vedas under a teacher must be kept for thirty six years or sixteen years or eight years or until the student has mastered them

RULE OF LIFE – HOUSE HOLDERS CODE OF CONDUCT

Even as all creatures subsist by receiving support from air, even so do members of all orders subsist by receiving support from the householder. In accordance with the precepts of the Vedas and of the traditional texts, the householder is declared to be superior to all the other three orders - for he supports the other three. A brahmachaarin who has studied even one Veda without breaking the rules of studentship, shall enter into the order of the householders.

Having bathed, with the teacher's permission and after performing the rite on returning home, the student shall marry a wife of equal caste who is endowed with auspicious bodily marks. Let the grhasta daily apply himself to the private recitation of the Vedas and also to the performance of the offering to Gods.

The following rules are particularly for a Brahmin grhasta :

After spending the first quarter of his life as a teacher, a Brahmin during the second quarter of his life shall live in his own house after he has wedded a wife. A Brahmin must seek a means of subsistence which causes little or no harm to living creatures and live by that, except in times of distress. For the purpose of gaining bare subsistence let a Brahmin accumulate property by following those irreproachable occupations prescribed for his varna, without unduly tiring his body. For the sake of subsistence, let a Brahmin never follow the ways of the world; let him live the pure, straightforward and honest life of a Brahmin. He who desires happiness must control himself and strive for a perfectly contented disposition. For happiness has contentment for its root. Whether he be rich or in distress, let him not seek wealth through pursuits to which men cleave, nor by forbidden occupations, nor accept presents.

Let him not out of desire attach himself to any sensual pleasures. By reflecting on their worthlessness in his heart, let him develop detachment. Let him avoid all means of acquiring wealth which impede the study of the Veda. Let him maintain himself anyhow, but study the Veda, as it is the devotion to such study which will secure his aims. Let him walk on earth, bringing his dress, speech and thoughts in conformity with his age, his occupation, his wealth, his sacred learning and his race.

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Let him daily pore over those branches of learning which give rise to wisdom, those which teach the acquisition of wealth, those which are beneficial and likewise over the commentaries which explain the Veda. If he is capable of performing them, let him never neglect the sacrifices to the sages and to gods and to elementary forces and to the manes. Living according to the rules he must never neglect the five great sacrifices and with a wife he must dwell in his house during the second period of his life.

RULE GOVERNING FORESTS

A dvija who has lived according to the law as a student as well as a householder, make take a firm resolution and controlling his organs, live in the forest duly observing the rules given below. When a householder sees that his skin has wrinkled, his hair grayed and the sons of his sons, he may retire to the forest. Abandoning all his belongings and rejecting food raised by cultivation, he may depart for the forest, either taking his wife with him or leaving her with his sons. Taking the sacred fire and the implements required for domestic sacrifices, he may retire into the forest keeping his senses under control.

According to the law let him offer the five great sacrifices with various kinds of food fit for ascetics, or with herbs, roots and fruit. Let his always privately recite the Vedas. Let him be patient in hardship, friendly towards all, of collected mind, compassionate towards all living creatures and never receive gifts. Let him never desire things that give pleasure. Let him be chaste, sleep on the bare ground, not care for any shelter, dwelling at the roots of trees.

Let him receive alms barely sufficient to support life, from other dvija ascetics who live in the forest. Or let him beg for food in a village receiving it either in a hollow dish of leaves or in his hand or in a broken earthen dish - and only eat eight mouthfuls. The vaanaprastha must diligently practice all the above practices. For union with the Supreme Self let him study the Upanishads and all the sacred texts as studied by the rishis and other Brahmin householders. Or let him walk, fully determined and going straight on, in a north easterly direction, subsisting only on water and air, until his body sinks to rest. A dvija who has got rid of his body by one of those modes practiced by the great rishis is free from sorrow and fear and exalted in the world of Brahman.

RAJA DHARMA

After having thus passed the third part of a man's life in the forest, he may abandon all attachment to worldly objects and live as a wandering mendicant. Having studied the Vedas and siring sons according to the sacred law, having offered sacrifices according to his ability, he may direct his mind towards final liberation. A dvija who seeks final liberation, without studying the Vedas, without siring sons, without having offered sacrifices, sinks downwards. Having performed the Ishti to Lord Prajaapati, where he gives all his property as the sacrificial fee, having reposited the sacred fires in himself, a Brahmin may depart from his house as a samnyaasin.

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Let him wander about absolutely silent and caring nothing for the enjoyments that may be offered to him. In order to attain final liberation let his always wander alone without any companion, fully understanding that the solitary man who neither forsakes nor is forsaken, gains his end. He shall posses neither a fire nor a dwelling. He may go to a village for food. He shall be indifferent to everything, firm of purpose, meditating and concentrating his mind fully on Brahman. Let him desire neither life nor death, but wait for his appointed time as a servant waits for his wages. Delighting in all matter concerning the Supreme Self, practicing yoga, abstaining from sensual enjoyments, alone he shall live in this world desiring the bliss of moksha.

By deep meditation let him recognize the subtle nature of Brahman and its presence in all organisms. He who possesses true insight into the nature of things is not bound by his deeds. Those without insight are drawn into the cycle of rebirths. By practicing ahimsa, by controlling the senses, by the rites prescribed in the Veda, by rigorously practicing austerities, men gain liberation even in this world. When his heart becomes indifferent to all objects, he gains happiness in both this world and after death. He who has in this manner given up all attachments and is free from all the pairs of opposites, reposes in Brahman alone. A samnyaasin who has successfully performed the above mentioned acts, shakes off his sin here below and reaches the highest Brahman.

KING’S DUTY RELATING TO ADMINSTRATION OF JUSTICE

The state performed its duty of protection of society and the individual through coercive enforcement of the standards of justice based on the concept of Dharma. From the vedic period onward, the perennial attitude of Indian culture had been justice and righteousness. Justice, in the Indian context, was a human expression of wider universal principle of nature and if men were entirely true to nature, their actions would be spontaneously just. Men experienced justice, in the sense of a distributive equity, as moral justice, social justice, and legal justice. Each of these forms of justice was viewed as a particularization of the general principle of the universe seen as a total organism. Impartial administration of justice was always regarded as one of the main duties of the king and he was considered to be the fountain of justice. The Smriti works did not draw any distinction between civil and criminal courts. But Kautilya mentioned two types of matters which came up before the judges for adjudication. One type was discussed under the section called dharmasthiya and under this section included those offences which pertained to private individuals. In such cases, the plaintiff as well as the defendant were private persons and the government was not a party to such suits. The other type was known as kantakshodna , under this category the offenders were brought for punishment for those offences which were not viewed as mere private matters of little concern to the government. In fact these were the matters with which the state was intimately connected essential for the eradication of crime in general. The distinction between the two broadly corresponded to the current division between civil and criminal offences. These latter courts were what might be called administrative courts. These courts dealt with offences which affected not so much the rights of individuals as the interests of the community, and interfered with the proper government of the realm. They were presided over by three Officers-of-State. Besides these courts, each village had its local court, which was composed of the headman and the elders of the village. Suchcourts decided minor criminal cases, such as petty thefts, as well as civil suits of a trifling nature, like disputes relating to the boundaries of lands situated within the village. There were also

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minor unofficial courts which were not established by a royal writ but were popular in nature, such as, the courts of clans and families; the courts of village elders; the courts of guilds, and the courts of municipalities,commercial organizations or corporations. Perhaps these courts were established to settle the disputes arisen between members of a joint family, traders, tribes , guilds etc. and decisions were to be taken by those who were conversant with the conventions made by them and their usage.The regular courts met once or twice every day, usually in the mornings and evenings. The court-house was looked upon as a sacred place, and it was open to all. Trials were always held in public. Cases were taken up for disposal either in the order of their respective applications, or of their urgency, or of the nature of the injury suffered, or of the relative importance of the castes of suitors. The royal officers were strictly forbidden to take any part either in the commencement or in the subsequent conduct of a suit. Manu was very emphatic on this point. “neither the King,” said he, “nor any servant of his shall cause a lawsuit to be begun, or hush up one that has been brought before the court by some other person.” It was not very clear whether this rule was confined only to civil suits, or applied to criminal cases as well. But it was probable that, in the graver criminal offences, the State took upon itself the duty of conducting the prosecution.

According to Manu legal suits were of eighteen types, namely,(1) recovery of debts,(2) deposit and pledge,(3) sale without ownership,(4) concerns among partners,(5) resumption of gifts,(6) non-payment of wages,(7) non-performance of agreements,(8) rescission of sale and purchase,(9) disputes between owners of cattle and herdsmen,(10) disputes regarding boundaries,(11) assault,(12) defamation,(13) theft,(14) robbery and violence,(15) adultery,(16) duties of man and wife,(17) inheritance and partition, and(18) gambling and betting.It was evident that the list includes both civil and criminal cases.Although it was not found necessary to draw a line of separation

RULES OF CONDUCT FOR ALL

It is better to discharge one's own duty incompletely than performing completely the duty of another. One who lives according to the law of another varna is instantly excluded from his own varna. Six acts are prescribed for a Brahmin : teaching, studying, sacrificing for himself,

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sacrificing for others, making gifts and receiving gifts. Of the six, the first three are his means of subsistence.

Teaching, sacrificing for others and accepting gifts are forbidden for both the ksatriya and the vaishya. Among several occupations the most commendable for the dvijas are teaching the Veda for a Brahmin, protecting the people for a kshatriya and trade for a vaishya. If a Brahmin is unable to subsist by the occupations declared for him, he may adopt a kshatriya's or vaishya's mode of life. Likewise so can a kshatriya adopt a vaishya's mode of life.

But one should never arrogantly adopt the mode of life prescribed for his betters (i.e, a vaishya should not adopt a kshatriya's or brahmin's way of life nor a kshatriya a brahmin's way of life). If a brahmin or a kshatriya adopt the vaishya's mode of life, let them carefully avoid the pursuit of agriculture as it causes injury to many beings and depends on others.

KARMA-THE KNOWLEDGE OF SELF-THE HIGHEST MEANS OF BLISS6

If a man knows the true meaning of the Vedas, in whatever order he might be in, he comes fit for union with Brahman.

The following are the best means to attain supreme bliss : studying the Vedas, practicing austerities, acquiring true knowledge, controlling the organs, abstaining from doing injury to creatures and serving the teacher.

But of these knowledge of the Self is the most excellent. It is the first of all sciences and immortality is gained through that.

He who sacrifices to the Self, equally recognizing the Self in all created beings and all created beings in the Self, becomes independent and self luminous.

He who has recognized the Self through the Self in all created beings, becomes equal minded towards all and attains the highest state of Brahman. A dvija who recites these institutes revealed by Manu will always be virtuous in conduct and will reach whatever state he desires.

CONCLUSION7

6 http://books.google.co.in/books?id=aURsAAAAQBAJ&pg=PA70&lpg=PA70&dq=according+to+manu+what+is+knowledge+and+bliss&source

7 http://www.erces.com/journal/articles/archives/v03/v03_05.htm

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The human wisdom of Manu far surpassed that of the New Testament; for the British Raj

it seemed to be the perfect tool with which to rule the Hindus. No understanding of Hindu

society is possible without it, and in the richness of its ideas, its aphoristic profundity, and its

relevance to universal human dilemmas. Manu stands beside the great epics, the Mahãbhãrata

and the Rãmãyana. Many commentators find Manu contradictory and ambiguous and others

perceive a clear thematic integrity (Penguin 1991; Doniger 1991). Even after several centuries, it

still generates controversy, with Manu's verses being cited in support of the oppression of

women and members of the oppressed castes (Olivelle 2004). The criminal justice tenets of

Manu are remarkable in its vision and application. However the inequality in rendering justice

based on Varna system is a chink in the armour of Manu, the first lawgiver of India. To conclude

we feel it is worth mentioning what Jawaharlal Nehru (1990) told about religion in the context of

codes and law: “Religions have laid down values and standards and have pointed out principles

for the guidance of human life. But with all the good they have done, they have also tried to

imprison truth in set forms and dogmas, and encouraged ceremonials and practices which soon

lose all their original meaning and become mere routine”.

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