MANUSMRITI

The political ideas of Manu

are undoubtedly the most
important and
authoritative doctrine
spelled out in his great
Smriti work.
Brihaspati remarks Manu
belongs to the first rank as
his work embodies the
essence of Vedas,
Manus Dharmasastra is
based on the disappeared
Manava-Dharmasastra.

The text presents itself as a

discourse given by Manu,
theprogenitor of mankindto
a group of seers, who
beseech him to tell them the
"law of all the social classes"
According to Hindu tradition,
the Manu smriti records the
words ofBrahma.
Sir William Jones assigned
Manusmriti to a period of 1st
century 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,

After the breakdown of

theMaurya
andShungaempires, there
was a period of uncertainty
that led to renewed interest
in traditional social
norms.In RomillaThapar's
view, "The severity of the
Dharma-shastras was
doubtless a commentary
arising from the insecurity
of the orthodox in an age of
flux.
M.S declares the
supremacy of Brahmans
over the rest. He prescribes
functional specialization of
all castes

In particular, the Manusmriti

was the first to adopt the
termvyavaharapadas.
These eighteen "Titles of
Law" or "Grounds for
Litigation" make up more
than one fifth of the work
and deal primarily with
matters of the king, state,
and judicial procedure.
Thedharmaclass 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
emphasizeddharmaitself
and not its Vedic origins.

TheManu-smritiprescribes to the Hindu

hisdharmai.e., that set of obligations incumbent
on him as a member of one of the four social
classes (varnas) and engaged in one of the four
stages of life (ashramas). It contains 12 chapters
of stanzas, which total 2,694. It deals with
cosmogony;
the definition of the dharma;
the sacraments (samnsakars)
initiation (upanayana)
and study of theVedas

It deals with marriage, hospitality,

obsequies, dietary restrictions, pollution,
and means of purification; the conduct of
women and wives; and the law of kings.
The last leads to a consideration of
matters of juridical interest, divided under
18 headings, after which the text returns
to religious topics, such as donations, rites
of reparation, the doctrine of karma, the
soul, andhell.

(i) the first is the non-payment of debts;

(ii) deposits;
(iii) sale without ownership;
(iv) partnerships;
(v) delivery and non-delivery of gifts;
(vi) non-payment of wages;
(vii) breach of contract;
(viii) cancellation of a sale or purchase;

(ix) disputes between owners and

herdsman;
(x) the Law on boundary disputes; (xi)
verbal assault;
(xii) physical assault;
(xiii) theft;
(xiv) violence;
(xv) sexual crimes against women;
(xvi) Law concerning husband and wife;
\ (xvii) partition of inheritance; and
(xviii) gambling and betting.

The text makes no

categorical distinction
between religious law
and practices and
secular law in its
treatment. Its
influence has been
monumental, and it
has provided
thecasteHindu with a
system of practical
morality.

M.S emphasized on the

divine origin of Kings.The
king is vested with Danda
I- the coercive authority or
punishment meted out
strictly to the criminals.
King should be prudent in
his judgment to punish
those who break the Code
and Law If a verdict of a
monarch is unjust it would
be a great sin.

Manu, insists in his discussion of the role of the

king that if he does not. . inflict punishment on
those worthy to be punished, the stronger would
roast the weaker like fish on a spit ...
The exercise of the coercive power ofdandawith
regard to law-enforcement is considered just in
the highest sense, since particularistic legal
codes are considered to be concrete and detailed
embodiments of the more abstract and exalted
principles of justice which are fundamental to the
cosmos.

The duty of a monarch is to

enforce Dharma (Canonic
Laws) and as such can
maintain his/her prestige
and personality.
A monarch should be very
cautious while executing the
Laws or Dharma and it must
be correlated with
morals and ethics.
A monarch must reign over
governance based on the
rule of law. He/she is the
protector and guardian of
Law. Truth speaking, realist,
reviewer of and well versed
in duty and work.

Manus view of the sources

of state law resembles that
of early Smiritis. The King to
daily examine the suits of
litigants
falling under the 18 titles of
Law in accordance with the
principles derived from
regional usage
(desadristha) and
from the Sacred Canon
(sastradristha). The
righteous King shall enquire
into the usages (dharmas)
of regions and
castes as well as those of
guilds (sreni) and families
(kula) and he shall then
settle the distinctive usage
(dharma) of
each group.

Custom in a wide sense

embraces the usages of
local, social and economic
groups. Manu admits ones
own conscience as the
source of Law.
Manu asks the King to
apply the lessons of Virtue
and Wealth as well as their
opposites in examining the
daily suits of
litigants and to discover
the internal position of
men by external signs
while discussing the
modes of judicial decision.

The administration of legal

justice and infliction of
punishment was performed
on the basis
ofVarnasystem. Manusmriti
considers that it is only
natural to takeVarnainto
account in the
administration of legal
justice.
Manu indicates that the
king, acting as judge should
consider "the strength and
knowledge" of the
defendant. His strength and
knowledge are estimated as
functions of hisVarna.
equality.

Crimes against
persons were
adjudicated with
reference to the classstatus of the victim
and the perpetrator.
The penalty for a
crime was increasingly
severe the higher
theVarnaof the victim
and lower theVarnaof
the perpetrator

The Theory of Danda:

One of the chief duties of

the king was the
maintenance and
protection of
theVarnasystem through
his power ofdanda (the
sceptre). The king
obeyed this concept
because it is realized
thatVarnaand the state
are necessary aids to the
achievement of the final
goal of life The legal
distinctions of
ancientIndiaare firmly
based on an ideal of
equity and justice
expressed in terms of
hierarchy rather than of
equality.

Manu gave the stamp

of sanctity to the
socio-political
institutions.
He played a seminal
role in formulating
rules for the governing
of social and religious
life of the peopl
Manu became the
standard point of
reference for all
futureDharmastras
that followed it.

TheYjavalkya
Smtiis
aDharmashastra.
It has been called
the "best
composed" and
"most
homogeneous"
specimen of this
genre

The text most likely dates to theGupta

period, between roughly the 3rd and 5th
centuries.
There is some debate as to whether it is to
be placed in the earlier or later part of that
time span

TheYjavalkya Smticonsists of
1,010slokas(verses).
The text is laid out as a frame story in
which the sages ofMithila approach
Yjavalkya and ask him to teach
themdharma.
The majority of the text is then
Yjavalkya's description of dharma, divided
into three subtopics:Achara(proper
conduct), Vyavahra (judicial procedures)
andPrayascitta(penance).

It is clear that the text draws heavily on

theManu Smriti, sometimes directly
paraphrasing passages.
There are influential deviations from the
Manu Smrti as well, especially with regard
to statecraft and jurisprudence

1. Pioneered the structure which was

adopted in future dharmastric discourse:
a)Divideddharmainto fairly equally
weighted categories of:
Achara(proper conduct)
Vyavhara(legal procedure)
Pryacitta(penance)

b)Subdivided these three further by specific

topics within the major subject heading.
2. Added to the model of Legal Procedure
Yjavalkya portrayed evidence as
hierarchical, with documents receiving the
highest consideration,then witnesses, and
finally the five types of ordeals.

3. Restructured the Courts:

Yjavalkya distinguished between courts
appointed by the king and those which were
formed by communities of intermediate
groups. He then portrayed these courts as a
part of a system of hierarchical appeals.
4. Changed the placement of the discussion
ofAsceticOrders

Forest hermits and renouncers are

discussed within the section regarding
penance (pryacitta).
In previous texts, description of ascetics
followed the discussion of Brahmins and
framed them in opposition to householder
Brahmins.

The placement of ascetic orders within

penance remained in subsequent texts
following the general acceptance of the
YjavalkyaSmti
.5. Focused onMoksha
Increased attention was given to a
description ofMoka, dwelling on
meditation and the transience of the
worldly body. There is even an in-depth,
technical discourse based on a medical
treatise of the time.