Eternal India Encyclopedia

Eternal india encyclopedia

Ancient Concepts, Sciences & Systems

Manu. He steps up the pace of progress in the development of law in keeping with the times. It is said that the profound influence of the teaching of Buddha had a great impact on the society which has found itself expressed in the . form of more humane provisions of law in the Yajnavalkya Smriti. He deals exhaustively with subjects like creation of valid documents, law of mortgages and hypotheca- tion as also on partnership, associations of persons interested in joint business ventures. Yajnavalkya Smriti, compared to Manusmriti, is very brief, sci- entific and practical. His expressions are precise and full of signifi- cance. The prestige and authority of Yajnavalkya Smriti have been greatly advanced by the celebrated commentary of Vijananeswara under the famous title Mitakshara. The commentary of Vijananeswara has been accepted as the paramount authority of Hindu law in the whole of India including Kashmir, except the province of Bengal. It still forms the basis for the personal law of the Hindus such as inheritance, stridhana, doctrine of pious obligation etc., to the extent they are not modified by legislation. On the whole, Yajnavalkya occupies a very high position. The Narada Smriti deals with forensic law, both substantive and procedural, without any reference to religious matters. Thus it marks a departure from the earlier works and can be regarded as purely relating to law. It deals with courts and judicial procedures. Dr. Jolly who translated this smriti in 1876 is of the opinion that the date of the Narada Smriti is later than 300 A.D. Narada was independent in his views and did not allow himself to be bound by earlier texts. Some of the important and progressive changes found in the Narada Smriti compared to that of Manu are in the matter of inheritance. Narada holds 1. That a younger son could become a karta of a Hindu joint family 2. Provides two shares to a father in his self-acquired property in case of partition. With regard to law of marriage, Narada holds that a widow as well as a wife whose husband is impotent or absconding is entitled to marry. A widowed wife without children is permitted to secure one though niyoga. Brihaspathi Smriti : This work has not been traced in its en- tirety. Like Narada, Brihaspathi is also noted for his progressive views. Brihaspathi was the first jurist who made a clear distinction between civil and criminal justice. He provided that cases must be decided not merely according to the letter of the law but having due regard to the truth and circumstances of each case. Katyayana Smriti : This smriti is regarded as the latest and most important work of extraordinary merit. The rules of law laid down in this smriti compare remarkably with the modem advanced legal system. Unfortunately this smriti is also not traced fully. It deals with substantive civil and criminal laws and also procedural law. Katyayana deals with qualifications for judges and provided for appointment of jurists to assist the court in certain types of civil and criminal cases. -He provided that death sentence could be imposed on a Brahmin found guilty of certain offences and thereby took away immunity against death sentence extended to this com- munity L. the earlier smritis. Arthashastra ofKautilya : Though the Art has has tra of Kautilya does not fall in the category of Dharmashastras, it is the most important and a masterly treatise on statecraft. The author of this great work is Chanakya or Vishnugupta who was the Prime Minis- ter of the Magadha Empire during the -reign of Chandragupta

he gave the title Manusmriti to the code so compiled. Whatever the doubts about the origins of the Smriti as also the date and existence of the law giver by name Manu, there is absolutely no doubt about the existence of Manusmriti right from the period assigned to it and also about the pre-eminent position it had occupied in the legal history of India. The popularity of the code was so great that it was adopted and followed in Burma, Java, Philippines and other neigh- bouring countries. The Manusmriti is divided into 12 chapters and consists of 2,694 verses. The subject matter of the 12 chapters are 1) Creation of the Universe. 2) Definition of Dharma and sources of Dharma. 3) Celibacy - Studentship-Marriage. 4) Mode of life - means of subsistence and householder’s code of conduct. 5) Rules govern- ing food. 6) Rules governing forest hermit. 7) Rajadharma. 8) King’s duty relating to administration of justice, i) 18 titles of law ii) King and judge iii) Other persons as judges iv) Constitution of sabha v) Duty to restore stolen wealth vi) Creditor’s means to recover debts vri) Grounds on which the plaintiff may fail in his suit: 9) Duties of husband and wife - partition - sonship - impartible estate - gains of learning - the major sins - the punishments. 10) Rules of conduct for all. 11) Seven proper modes of livelihood - on gifts. 12) Karma - the knowledge of self - the highest means of bliss. Next to Manusmriti, the code of Yajnavalkya acquired a very high position in Hindu jurisprudence. Though this Smriti follows the same pattern as Manu in the treatment of subjects, it is scientific and more methodical. J.C.Ghose points out to the dominant posi- tion acquired by Yajnavalkya Smriti: “Now it should be remem- bered that though Manu’s authority is unquestioned by all Hindus, it is the law of Yajnavalkya by which they are really governed. Yajnavalkya’s authority is supreme in India. (“ Principles of Hindu law”, 1917, Introduction) About the fame and importance of Yajnavalkya, Robert Lingat observes: “Of all the Smritis which have come down to us that of Yajnavalkya is assuredly the best composed and appears to be the most homogeneous, even though it may have been made up of elements borrowed from various sources. We are struck, espe- cially if we have just read Manu, by the sober tone, the concise style and the strictness with which the topics are arranged. We find none of those lyrical flights which are after all the literary beauty of Manu. “The author has obviously sought to make his formula as brief as is consistent with clarity; he succeeds more often than not. There are cases where he compresses two slokas of Manu into one. The result is that he reduces to one thousand or so the 2694 couplets of Manu even though several topics especially in private law, are dealt with far more completely and in greater detail." — The Classical Law of India The Yajnavalkya Smriti consists of 1010 verses divided into 3 chapters :

1. Achara or ecclesiastical law - 368 verses

2. Vyavahara or civil and criminal law - 307 verses

3. Prayaschitta or atonement for sins committed - 335 verses. Regarding the 18 titles of law, Yajnavalkya follows the same pattern as in Manu with slight modifications. On matters such as women’s right of inheritance and right to hold property, status of sudras and criminal penalty, Yajnavalkya is more liberal than