Legal System of Ancient India

It is claimed that the legal system of ancient India was divinely revealed through their sages and forged gods, but the evidence provided in those very law systems suggest otherwise. The basic quality of a divinely revealed system is that it ends cruelty, restores peace in a society, ensures a crime-free community and is in-discriminatory. ¹ and his companions and followers. These facts are also quoted in various books of history and not just by the Muslim accounts, but by many non-Muslims as well.] Secondly, those revealed laws are practical and are implemented by the prophet upon whom the laws were revealed with the teachings of monotheism. The ancient Indian laws seem to be revealed upon fictitious characters who were unable to implement them in their societies. Moreover, even if those characters were able to implement the laws, they were unable to produce the required results. These laws, in reality, were also one of the core reasons for the chaos which persisted in that ancient Indian society.

India has a recorded legal history starting from the Vedic ages (1750–500 B.C.) and some sort of civil law system may have been in place during the Bronze Age in India that is around 3000 B.C. and the Indus Valley civilization, which was the period between 2600 B.C. and 1900 B.C. Emanating from the Vedas, the Upanishads and other religious texts, it was a fertile field enriched by practitioners from different Hindu philosophical schools and later by the Jains and Buddhists. Secular law in India varied widely from region to region and from ruler to ruler. Court systems for civil and criminal matters were essential features of many ruling dynasties of ancient India. Secular court systems existed under the dynasty of Mauryas (321-185 B.C.). ²

Sources of Law

The sources of law take up an important part of the exposition of Hindu law. There were three sources of Dharma or Hindu law. The first source was the four primary Vedas i.e. the Rigveda, Yajurveda, Samaveda, and Atharvaveda which were discussed in detail in Volume: 1 of this Encyclopedia. They were collections of oral texts of hymns, praises, and ritual instructions. The second source was called Smriti, which literarily meant ‘as remembered’ and it refers to tradition. They were the humanly authored written texts that contained the collected traditions. The Dharmashastra texts were religion and law textbooks and formed an example of the Smriti ³ tradition. Since only a few scholars had access to direct knowledge or learning from the Vedas, Smritis were the written texts to teach others. These texts were considered to be authoritative because they were believed to include duties and practices that were sourced from the Vedas and were accepted, then transmitted by humans who knew it. In this way, a connection was made between the Veda and Smriti texts that makes the latter authoritative.

The third source of dharma was called the ‘Achara’, which meant customary law. Acharas were the norms of a particular community or group. Just like the Smriti, Achara found its authority by virtue of its connection with the Vedas. Where both the Vedas and the Smritis were silent on an issue, a learned person who knew the Vedas would consider the norms of the community as dharma and performed it. This way, the Vedic connection was made between the Veda and the Achara, and the Achara became authoritative. In ancient Indian society, law and dharma were not distinct concepts. In dharma Sastras, Smrities and Arthasastra, the concept of justice, law and religion were not distinguished and invariably justice was equated to dharma and vice-versa. ⁴

Main Law Givers

Since in ancient Indian society, there was no constitution and no assembly, so the law was given by the learned people. The main law-givers were:

Manu

In Hindu mythology, Brahma split himself to create Manu, the first man. ⁵ Encyclopedia Britannica states that Manu was the name of the first man in each of the designated ages or Manvantaras in Indian tradition, a progenitor somewhat akin to the Western biblical Adam. The name was cognate with the Indo-European man and also has an etymological connection with the Sanskrit verb man-, ‘to think.’ Manu appeared in the Vedas, the sacred literature of Hinduism, as the performer of the first sacrifice. He is also known as the first king, and most rulers of medieval India traced their genealogy back to him, either through his son (the solar line) or his daughter (the lunar line). ⁶ He is also known as the mythical survivor of the flood and father of the human race, the primitive teacher of sacred rites and laws; now enjoying in heaven the dignity of an omniscient deity ⁷ without any logical proof. When the waters subsided, everything on earth had perished except for Manu. Manu offered a sacrifice of whey, cream and ghee (the sacrificial melted butter), and was given a woman who was called his daughter. Manu turned himself in to a bull to avoid the act of incest. Ida, his daughter turned herself in to a she-goat and Manu turned into a he-goat. This went on till the earth was populated with animals. ⁸ The opening verses of the work tell how Manu was reverently approached in ancient times by the ten great sages and asked to declare to them the sacred laws of the castes and how he graciously acceded to their request by having the learned sage Bhrigu, whom he had carefully taught the metrical institutes of the sacred law, deliver to them this precious instruction. The work thus pretends to be the dictation of Manu through the agency of Bhrigu; and as Manu learned it himself from the self-existent Brahma, its authorship purport to be divine. ⁹

According to Hindu beliefs, Manu is one of fourteen patriarchs. Each patriarch ruled or will rule the world for one period of its history. Each interval is named for its own Manu and ends with a great flood. ¹⁰ According to time calculations in Hindu traditions; each kalpa or age which constitutes a day in the life of a Brahma was of 4,320,000,000 years. The first Manu of our kalpa was Svayambhuva Manu, who composed the Laws of Manu, the famous text on social law. There have already been seven Manus in the current kalpa, each one leading off his designated age, including the Manu who began the age we live in today, who is known as Vaivasvata. There will be seven more Manus in the remaining ages until our kalpa is ended. ¹¹

Manusmriti

Manusmrti or percepts of Manu was the most authoritative book of the Hindu code. The Manusmrti prescribes Hindu Dharma – i.e. which set of obligations incumbent on each individual as a member of one of the four social classes and engaged in one of the four stages of life. Its vast range of topics include cosmogony, the sacraments, initiation and study of the Veda, social rites and obligations, dietary restrictions, pollution and means of purification, the conduct of women and wives, the laws of kings, the doctrine of Karma, the soul and hell. ¹²

Yajna Valkya

In the Upanishads, Yajnavalkya is named as a sage associated with the court of King Janaka, who was able to show that he had greater wisdom than the others. He is also ascribed as the author of the Yajnavalkya Smrti, one of the texts that comprise the dharma literature. ¹³ He was a student of Aruni. His teachings are recorded in dialogues in the Brihadaranyaka Upanishad and the Chandogya Upanishad. In one teaching he is asked how many gods there are and he answers: ‘Three hundred and three and three thousand and three.’ Pressed to be clearer he says there are 33. He is questioned again and again and eventually arrives at the statement that there is only one ‘God,’ the Brahman, or all. In another dialogue, one of his wives asks him whether wealth could make her immortal and he propounds a notion that everything that exists was underlain by one reality, which was to be held dear, not wealth. Yajnavalkya was said to have been the source for the White Yajur Veda. ¹⁴ Yajnavalkya is also credited for coining Advaita (non-dual, monism), another important tradition within Hinduism. ¹⁵ Texts attributed to him, include the Yajnavalkya Smriti, Yoga Yajnavalkya and some texts of the Vedanta school. ¹⁶ He is also mentioned in various Brahmanas and Aranyakas.

Narada

According to ancient Indians, Narada was a divine sage ¹⁷ and one of the scholars who helped evolve the Hindu Law. He comes next to Yajnavalkya and Manu. Narada merely professes to be a compiler of the traditional law which he derived from the Manavdharmas Sastra. In the introduction, Narada refers it as an abridgement of the larger work of Manu and refers to four successive versions of Manusmrti. Narada covers the entire gamut of secular law, both civil and criminal. Narada has dwelt on the administration of justice, the objects, and the eighteen titles of law and underlines the importance of judicial procedure. In other words, it has two divisions - one deals with procedural law and other enumerates the titles of law with a remarkable clarity of thoughts. He has discussed the mutual duties of husband and wife as the twelfth topic of law. Narada has dealt law in a systematic manner, even though not without certain drawbacks. He is more exhaustive and advanced in treatment on topic of law, but at the same time more conservative than his predecessors. Narada was well known as a legal author as gathered from the later Smritis and digests. ¹⁸

Narada Smrti

One of the Smritis or remembered texts, a class of literature deemed important, but less authoritative than the other textual category, the shrutis or ‘heard’ texts. This Smrti is ascribed to the sage Narada, and is an example of one of the Dharma Shastras, which were manuals prescribing rules for correct human behavior and ideal social life. Unlike the Dharma Sutras, which are ascribed to recognizable individuals, the Dharma Shastras are usually ascribed to mythic sages, a strategy used to reinforce the authority of these texts. The Narada Smrti exists in several versions, one of which is much longer than the others. All of the versions were written later than the Manu Smrti (First Century B.C.), since this text is mentioned in the preface. Narada’s text deals exclusively with the administration of justice (vyavahara), and treats this in exhaustive detail, with a strong emphasis on clarity and precision. ¹⁹

Brhaspati

In early Hinduism, the teacher of the gods was called Brihaspati. ²⁰ As per the Rig Veda, he was a Hindu deity born from a great light in the highest heaven. He was seven mouthed, seven rayed, blue-backed, clear voiced, bright and pure with a hundred wings. Brihaspati was also known as a Rishi or a Sage. In the later Vedas, he was known as a purohita or a priest who awakens the gods with Agni or fire. ²¹ Brhaspati looks upon Manu the supreme authority, whatever is contrary to the dictates of Manu is according to Brhaspati unacceptable and fit to be discarded. Brhaspati has explained the terms more elaborately. He gave the following technical terms for law suits:

1. 1. Arthasamudbhava or civil
2. 2. Himssamudbhava or criminal

The former originates in demands regarding wealth, while the latter in injuries. Further, those originating in money are of fourteen kinds and those from injury are of four kinds. Brhaspati's work is a so-called a valuable relic of Hindu law which is not in reality like their other books and sages. In its treatment of topics of law and by its clarity in not mixing law with other subjects, he is considered a bit advanced over his predecessors. He has given details not only on courts but on the thing pertaining to juridical law from the filing of complaint to the passing of decree, which makes him fit to be compared with modern jurists ²² but failed to match in deeper understanding.

Judicial System

The Smritis hold that in the dim past there was a golden age (krita-yoga) when men lived a life of truth and right conduct. But when dharma declined among men, administration of law and justice came to be introduced and the king was declared to be the decider of disputes and the chastiser of the guilty. Naturally in course of gradual evolution of the state, law grew up as one of the political institutions, which served as both the support of the state and a means of control on the state. ²³ In early Vedic times, justice was administered by tribe and clan assemblies, and the judicial procedure was very simple. But with the extension of the function of state and the growth of royal power, the King came gradually regard as the foundation of justice, and more or less an elaborate system of judicial administration came into existence.

The judges were of many sorts. ²⁴ A village judge was called a ‘Gramyavadin’ and sometimes the king was a judge himself ²⁵ who used to decide the matters according to his wishes and desires. A stationary court met in a town or village. The court which was not stationary was called moveable or non-stationary. The court which was furnished by the king’s signet ring was superintended by the chief judge. The court which was held in the presence of king was known as the Directed Court. ²⁶

Over each village a headsman was appointed consisting of 10, 20, 100, and 1000 respectively. These courts were termed as Kula, Sreni and Gana and known as Popular Courts. These courts were within easy reach of the people as compared to kings’ courts. The purpose behind establishment of these courts was to give justice at doorsteps to each aggrieved person without causing unnecessary delay. The clear relationship, which existed between the popular courts and king's courts, was well defined. Brihaspati States that the Sabhyas occupied higher position than that of Kulas, and the Adhyakshas were above the Sabhyas and the king was above the all. In ancient India the policy of the government was to encourage the people courts and enforce their decisions. These courts had royal authority behind them and were essentially non-official. Yajnavalkya claims them as sanctioned by the court. ²⁷

These courts had the power to decide the lawsuits. Out of these, each succeeding was superior to the one preceding in order. At the head of judicial system stood the king court. This court was held in the capital and was presided by the king himself, or more often by the learned Brahmana appointed for this purpose, known as Adhyaksha or Sabahpati. The Adhyaksha appointed for particular occasion in course of time became the permanent officer of state, and held the position of chief justice (Pradvivka). The king with the Pradvivka and three or four other judges formed the highest court of justice.

It was however, the chief justice who presided the king court, even when the king was present. Brihaspati describes the respective duties of different members of the king’s court in these words, ‘The chief justice decides the causes, the king inflict punishments, and the judges investigates the merits of the case.’ The number of judges in court varied according to different Smritis. According to Manu, three Judges, besides the chief justice, were enough to form a court. According to Chanakya, the judicial assembly consist of six persons, three would be the officers of state and three would be the other learned persons. It seems that, besides the member of assembly other persons present in court were permitted on certain occasion to offer their opinion. Narada says, whether authorized or unauthorized, one acquainted with the law shall give his opinion. He passes a divine sentence which act up to dictates of law. The chief justice and other judges were chosen in view of their eminent view and deep learning. They were by rule Barhamans, but sometime a few of them were selected from the other castes. ²⁸

Yajnavalkya also mention the similar gradation for local courts which are stated as follow:

1. Kula
2. Sreni
3. Puga

These are written in ascending order of importance. The Kula being the smallest court compose of kinsmen for arbitration of small matters, from which an appeal lay to the higher courts. The Sreni has been defined by the Mitaksara as the court constituted by traders or artisans including men of different castes but pursuing similar means of livelihood and the Puga as a court constituted by men of different caste and occupations but inhabitant of the same village or town. It was ruled that if an appeal was rejected or cancelled, the appellant had to pay double the fine which the lower court imposed on it. The Puga was the highest court by numbers, which was represented by different castes, which was also in interest of the town or village. The Sukraniti put the principles of these local courts. In case of dispute, the best men of the locality could alone be the proper judge. The application of the principle thus laid down is shown in passage: ‘Foresters are to be tried with the help of the foresters, merchants by merchants, soldiers by soldiers and in the village, by persons who lived with both parties.’ ²⁹

Brihaspati describes when a cause has not been duly investigated by the meetings of kindred, it should be decided after the deliberation by companies of artisans, when it has not been duly examined by assemblies of co-habitants and when it has not been sufficiently made out by such assemblies it should be tried by appointed judges. And again, Judges are superior in authority to meeting of kindred and the rest, the chief judge is place above them and the king was superior to all, because he passed just sentences. A case tried in village assembly goes for appeal to the city court, and one tried in city court goes for appeal to the King (King’s court), but there was no further appeal from the King court weather the decision is right or wrong. ³⁰

Crime and Punishments

In ancient India danda was considered to be a crucial constituent of legal and social system. It was a signified punishment meant for violating various laws of society. Daṇḍa was crucial to the scheme of dharma presented in Hindu law. In the first-place punishment was, like legal procedure, one of the special responsibilities of a ruler. The following passage from the Laws of Manu highlights the central importance of punishment both for the king’s personal dharma and for the wider system of castes and life stages: For the king’s sake, the lord formerly created punishment, his son – the law and protector of all beings – made from the energy of Brahman. It is the fear of him that makes all beings, both the mobile and immobile, accede to being used and to not deviate from the law proper to them. Punishment is considered as the king; as the male; as the leader, as the ruler; and, it stands as the surety for the law with respect to the four orders of life ³¹ but these ancient people did not realize that punishment was never the purpose of any law or religion but it only was only used to hinder crimes and activities which damage the society. If it was placed solely in the hands of the kings or an individual, then history has shown that those individuals exploited it and unjustly punished their enemies and innocent people.

The forms of daṇḍa were traditionally divided into four categories:

• Warning
• Censure
• Fine
• Corporal punishment

These four categories were in turn subdivided into more specific forms: for example, fixed and variable fines or the ten/fourteen places on the body where physical punishment was inflicted. Very typically for Dharmasastra, therefore, the tradition creates a branching tree of categorization and sub categorization that progressively enumerates both the legal causes and forms of punishment. ³²

• Gentle Admonition
• Reproof
• Corporal Chastisements
• Fine

According to Brihaspati, the places of punishment were fourteen including both hands, both feet, the male organ, the eye, the tongue, both ears, the nose, the neck, one half of feet, the thumb and index, the forehead, the lips, the hind part and the hips. For the Brahmana, branding on the forehead is ordained as the only kind of punishment. ³³

Offences were punished by the state and crimes such as homicide, hurt and other offences against the body were punished. Theft, robbery, damage to land and crops and other injuries to properties were regarded as crimes as well. Adultery, rape and similar acts were also punished and the criminal law also dealt with the use of false weights and measures, forgery, defamation, false evidence, adulteration of food, and other fraudulent dealings. Punishments such as death, imprisonment, fine, whipping, cutting off limbs of the offender, throwing hot oil in to the mouth of the offender, or branding him with hot iron, throwing away the offender to be fed by dogs, parading the offender in the public streets that would invite ridicule, demanding surety of the offender, confiscation of property, requiring the offender to pay compensation to the victim and requiring the offender to undergo penance were known to the law givers. ³⁴

Fine

It was the most common type of punishment in Hindu law. These were not compensations for injuries or damage caused by the aggrieved party. These fines went to the state treasury and not to the injured person. Fines varied from small sums to confiscation of entire property. According to Manu, minimum fine was 250 Panas, ³⁵ 500 Panas was intermediate or mean and 1000 Panas was the highest. But Yagnavalkya gave another calculation. According to him the highest fine was equivalent to 1080 Panas, half of it was the mean or middlemost and quarter was the lowest amount. In cases when the whole property of person was confiscated, there were some articles which the administration could not deprive the person. According to Narada, ‘the weapons of the soldiers, the tool of artisans, the ornaments of public women, the different musical and other instruments used by professional and any kind of implement by which the artificers gained their substance, could not be laid hold off by king or administration even when the whole property of the accused was confiscated.’ ³⁶

Corporal Punishment

Corporal punishment was recommended by Hindu law-givers for serious crimes. Narada divided these into ten sorts, starting from confinement and ended in capital punishment. The most severe corporal penance or punishment was the one resulting in the elimination of the body altogether, namely, the death of the sinner and criminal. ³⁷ There were several major categories of sin, especially the murder of a Brahman, sex with the wife of an elder, stealing gold, and drinking liquor, where the penance resulted in the death of the sinner. The clearly articulated theological position that a person was freed from these sorts of sins only when he was freed from the body that committed the sin. The refrain was: ‘he will be purified after death.’ In the system of punishment, the death penalty was prescribed for a wide range of crimes. ³⁸ Capital punishment was also awarded for the theft of gold and silver and valuable clothes and other articles, and for murder and rape when committed by a person against a maiden of a higher caste. ³⁹

These crimes included defiling a Brahman with liquor; untouchable person touching upper class persons; reselling a land that was already mortgaged; selling human flesh; bearing false witness; stealing gold, silver and clothes; stealing gems of great value; habitual thieves and robbers; pickpockets for third offense; abducting men from illustrious families, and women; adultery; man deflowering a virgin; forging royal edicts, corrupting constituents of the realm, giving aid to enemies of state; breaking into treasury, armory, or temple; stealing horses, elephants, and chariots; murder; grievous sins (mahapataka) committed by non-Brahmaṇas. ⁴⁰

Imprisonment

The most common punishments in ancient India and other countries were fine, mutilation and capital punishments. The imprisonment was not common, though in the law book there are frequent references of not only the lockups where usually under trial persons were kept but also of jails where convicted persons were incarcerated. According to Manu that in any case a Kshatriya, Vaisya or Sudra was unable to pay the fine imposed on him, he could discharge it by doing physical labor, but a Brahmana could pay it by easy installment. Yagnavalkya had the same opinion too. It can be inferred that the state did not depend on the honesty and good faith of the judgment of the debtor and set him free, but would keep him in jail where he would have to pay off his debt to the state. According to Kautilya Chanakya: ‘Those who were charitable disposition or who had made any agreement with the prisoners could liberate them by paying an adequate ransom. Once in a day or once in five nights, jails could be emptied of prisoners in consideration of the work they had done, or they could be whipped or if an adequate ransom was paid by them in gold.’ ⁴¹

Exile

Banishment or exile was used in ancient India mainly for two purposes.

• To get rid of undesirable persons
• To serve as a punishment for offenders

According to Manu the gamblers, actors, cruel men, heretics following other’s occupation and wine sellers needed to be immediately banished from the state. These men were to be banished from the state not because they were offenders in the legal sense but their presence was prejudicial to the best interests of the state. Chanakya states that it was the duty of state to employ the spies to detect wicked persons living by foul means and to banish them as the disturbing elements of peace. ⁴² Banishments was prescribed by some lawgivers as a punishment for some offences but it was generally given to the Brahman who were guilty of capital offences. There was particular place of exile. The only concern of the state was that the exiled did not return. They didn’t care where the person went or where he lived.

Branding

Branding was used to identify the people who were banished. This was a supplementary punishment for exile. Branding was often reserved for Brahmins who had committed one of four acts:

• The murder of another Brahmin
• Incest
• One who had stolen gold
• One who had drank wine

If one had killed another Brahmin, he would receive the brand of a human trunk on his forehead. For a Brahmin who committed incest, he would receive the brand of a female organ on his forehead. After being branded, the Brahmin would be made an outcast of his own country, and he would not be welcomed anywhere else due to the brand on his forehead. For all four castes, branding could be avoided if the offender performed the proper prayascitta. ^{43 44} There were particular signs for particular crimes. For drinking wine, a bowl was branded on the forehead, for murder in case of the Brahmana offenders the figure of headless body, for adultery that of a female organ and so on.

Adultery

Adultery was regarded as one of the most heinous offences for which deterrent punishments were provided for, so that it may create awe and fear in the minds of the people at large. Apart from actual sexual intercourse, any act or action with immoral sexual desire was deemed to be adultery. A Shudra, guilty of adultery with a woman of any caste especially of the twice born class, was sentenced to capital punishment. A wife violating her duty towards her husband was to be devoured by dogs in public place and male offender was to be burnt on a red-hot iron bed by putting logs under it. ⁴⁵ A woman who committed adultery with a man of lower caste was caused to be killed by dogs. The adulterer also was to be killed. If the king did not strike or punish the guilty person, the guilt fell upon him ⁴⁶ but king used to relax this punishment for his close friends and relatives while others were punished harshly.

Social Laws

Student

As a student, or brahmachari, a Hindu male was to study diligently in order to know the sacred traditions and literature. Between the ages of 8 and 12, a boy of any of the three upper castes could study the Vedas after he was initiated by a teacher who had accepted him as a student. ⁴⁷ The student could live in the teacher’s house. The minimum period for the learning of the knowledge was 12 years and maximum for 48 years. Student needed to submit to his teacher in all things except those that entail a sin causing loss of caste. He needed to promote his teacher’s welfare, never contradict him, and occupy a lower seat and bed. He could not eat ritual food, spices, salt, honey, or meat. He could not sleep during the day, wear perfume, engage in sexual intercourse, or show himself off. He could not wash his body. When anything dirty stained it, however, he could wash it out of his teacher’s sight. If he bathes, he could not be boisterous in the water but plunge in like a stick. ⁴⁸ He could not look at a naked woman or cut anything from plants or trees to smell it. He needed to refrain from using shoes, umbrellas, and vehicles. Likewise, several other ridiculous restrictions were made for students which used to make their lives hell on earth.

Rules for Teachers

There was also a rule of conduct for the teachers. A teacher needed to love his student like a son and be totally devoted to him, a teacher needed to impart knowledge to him without holding anything back with respect to any of the laws. Except in an emergency, moreover, he could not employ a pupil for his own purposes to the detriment of the pupil’s studies. A pupil ceased to be a pupil when he was inattentive to his teacher and so became a dolt. A teacher, likewise, ceased to be a teacher when he neglected teaching. When a pupil did something wrong, the teacher needed to always correct him. He could use punishments to instill fear in the heart of the student by the use of punishments, and he could apply them according to the severity of the offence until the student had completed his studies. When he had completed his studies and finished his period of studentship, the teacher needed to dismiss him with the words: From now on, attend to other duties (dharma). ⁴⁹ Several cases of student maltreatment have been recorded in history which proved that Hindu teachers were not quite different than the Romans and Greeks who used to exploit the students for their lavish and sexual desires as well.

Discrimination

The Ancient Indian Society was based on caste system and it had an influence in the Indian criminal law. As a general rule when a person of a higher caste inflicted injury on another of a lower caste, the punishment was less severe than when a person of a lower caste inflicted injury on another of a higher caste. Therefore, the highest caste, Brahmins, were the most favorably situated and the Shudra caste, the lowest caste, least favorably situated. Some crimes were prescribed same punishments irrespective of the offender’s caste. Only Brahmanas had special exemption from corporal punishment. For the cases of theft, robbery, mischief, cheating, murder, treason, offences against public justice and morality, no distinction was drawn between non Brahmanas. ⁵⁰

The mere reason for the existence of a legal system is to ensure that the rights of the people are kept safe and no particular caste, color, race etc. is superior over the other. However, the legal system of ancient India seemed to be in place just to ensure existence of the caste system and maintenance of the superiority of one cast over the others. This was also a reason for the unrest in that society. The Brahmans were unanswerable for the savagery and cruelties which they inflicted upon other castes whereas the other castes were fined heavily, tortured and even killed for minor crimes. After keeping such a heinous legal system in place, it was no wonder that the ancient Indians were not able to unite or maintain a prosperous society because such laws fuel disunity and create hindrances among the hearts of the people.

• ¹ The divine laws are impartial and do not favor any caste, color, status etc. over the other. These qualities can be seen in the legal system revealed in the Holy Quran, preached and implemented by the Holy Prophet [symbol, en, 9
• ² Nares Chandra Sen Gupta (1953), Evolution of Ancient Indian Law, A. Probsthain, London, U.K., Pg. 336.
• ³ Smriti literally means recollection but terminologically it is that class of Hindu sacred literature which based on human memory, as distinct from the Vedas, which are considered to be Shruti (literally ‘what is heard’), or the product of divine revelation. Smriti literature elaborates, interprets, and codifies Vedic thought but, being derivative, is considered less authoritative than the Vedic Shruti. (Encyclopedia Britannica (Online Version): https://www.britannica.com/topic/Smriti: Retrieved: 25-01-2019)
• ⁴ Nares Chandra Sen Gupta (1953), Evolution of Ancient Indian Law, A. Probsthain, London, U.K., Pg. 336.
• ⁵ Rebecca Parks (2009), UXL Encyclopedia of World Mythology, Cengage Learning, Massachusetts, USA, Vol. 4, Pg. 667.
• ⁶ Encyclopedia Britannica (Online Version): https://www.britannica.com/topic/Manu: Retrieved: 14-12-2019
• ⁷ The Catholic Encyclopedia (Online Version): http://www.newadvent.org/cathen/09613a.htm: Retrieved: 21-1-2019
• ⁸ Charles Russell Coulter & Patricia Turner (2000), Encyclopedia of Ancient Deities, Routledge, London, U.K., Pg. 307-308.
• ⁹ The Catholic Encyclopedia (Online Version): http://www.newadvent.org/cathen/09613a.htm: Retrieved: 21-1-2019
• ¹⁰ Charles Russell Coulter & Patricia Turner (2000), Encyclopedia of Ancient Deities, Routledge, London, U.K., Pg. 307-308.
• ¹¹ Constance A. Jones & James D. Ryan (2007), Encyclopedia of Hinduism, Facts on File Inc., New York, USA, Pg. 278.
• ¹² Wendy Doniger (1999), Meriam-Webster’s Encyclopedia of World Religions, Meriam-Webster Incorporated., Massachusetts, USA, Pg. 691.
• ¹³ James G. Lochtefeld (2002), The Illustrated Encyclopedia of Hinduism, The Rosen Publishing Group Inc., New York, USA, Vol. 2, Pg. 775.
• ¹⁴ Constance A. Jones & James D. Ryan (2007), Encyclopedia of Hinduism, Facts on File, Inc. New York, Pg. 507.
• ¹⁵ Frits Staal (2008), Discovering the Vedas: Origins, Mantras, Rituals, Insights, Penguin Books, London, U.K., Pg. 365.
• ¹⁶ Patrick Olivelle (1993), The Asrama System: The History and Hermeneutics of a Religious Institution, Oxford University Press, Oxford, U.K., Pg. 92.
• ¹⁷ Julius Jolly (1876), Naradiya Dharmasastra or The Institutes of Narada, Trubner & Co., London, U.K., Pg. 3.
• ¹⁸ Shodhganga (Reservoir of Indian Thesis): http://shodhganga.inflibnet.ac.in/bitstream/10603/154140/9/09 _chapter%202.pdf: Retrieved: 23-01-2019
• ¹⁹ James G. Lochtefeld (2002), The Illustrated Encyclopedia of Hinduism, The Rosen Publishing Group Inc., New York, USA, Vol. 2, Pg. 461.
• ²⁰ R. Raman Nair & L. Sulochana Devi (2010), Chattampi Swami: An Intellectual Biography, Center for South Indian Studies, Trivandrum, India, Pg. 89.
• ²¹ Roshen Dalal (2010), The Religions of India: A Concise Guide to Nine Indian Faiths, Penguin Books, Delhi, India, Pg. 71.
• ²² Shodhganga (Reservoir of Indian Thesis): http://shodhganga.inflibnet.ac.in/bitstream/10603/154140/9/09 _chapter%202.pdf: Retrieved: 23-01-2019
• ²³ Hari Pada Chakraborti (1981), Vedic India: Political and Legal Institutions in Vedic Literature, Sanskrit Pustak Bhandar, Calcutta, India, Pg. 241.
• ²⁴ Pramathanath Banerjea (1916), Public Administration in Ancient India, Macmillan and Co. Limited St. Martin, London, U.K., Pg. 156.
• ²⁵ Hari Pada Chakraborti (1981), Vedic India: Political and Legal Institutions in Vedic Literature, Sanskrit Pustak Bhandar, Calcutta, India, Pg. 255.
• ²⁶ Pramathanath Banerjea (1916), Public Administration in Ancient India, Macmillan and Co. Limited St. Martin, London, U.K., Pg. 156.
• ²⁷ S. D. Sharma (2001), Administration of Justice in Ancient India, Harman Publishing House, Delhi, India, Pg. 170.
• ²⁸ Pramathanath Banerjea (1916), Public Administration in Ancient India, Macmillan and Co. Limited St. Martin, London, U.K., Pg. 156.
• ²⁹ Radhakumud Mookerji (1920), Local Government in Ancient India, At the Clarendon Press, Oxford, UK., Pg. 164.
• ³⁰ Pramathanath Banerjea (1916), Public Administration in Ancient India, Macmillan and Co. Limited St. Martin, London, U.K., Pg. 150-152.
• ³¹ Jr. Donald R. Davis (2010), The Spirit of Hindu Law, Cambridge University Press, Cambridge, U.K., Pg. 129.
• ³² Ibid, Pg. 130.
• ³³ Ramapardas Das Gupta (1930), Crime and Punishment in Ancient India, Book Company, Calcutta, India, Pg. 30.
• ³⁴ P. M. Bakshi (1956), The Journal of Criminal Law, Criminology and Police Science, North Western University Pritzker School of Law, Chicago, USA, Vol. 47, No. 1, Pg. 81-82.
• ³⁵ One pana is a punch-marked (silver/copper) coin of the Maurya period. Further division of coins up to one-eighths pana also existed. (Satish Deodhar (2018), Indian Antecedents to Modern Economic Thought, Indian Institute of Management, Ahmedabad, India, Pg. 19.)
• ³⁶ Ramapardas Das Gupta (1930), Crime and Punishment in Ancient India, Book Company, Calcutta, India, Pg. 30.
• ³⁷ Patrick Olivelle (2011), The Journal of Hindu Studies: Penance and Punishment: Marking the Body in Criminal Law and Social Ideology of Ancient India, Oxford Academic, U.K., Vol. 4, Issue 1, Pg. 23–41.
• ³⁸ Ibid, Pg. 23–41.
• ³⁹ P. M. Bakshi (1956), The Journal of Criminal Law, Criminology and Police Science, North Western University, Pritzker School of Law, Chicago, USA, Vol. 47, No. 1, Pg. 81-82.
• ⁴⁰ Patrick Olivelle (2011), The Journal of Hindu Studies: Penance and Punishment: Marking the Body in Criminal Law and Social Ideology of Ancient India, Oxford Academic, U.K., Vol. 4, Issue 1, Pg. 23–41.
• ⁴¹ Ramapardas Das Gupta (1930), Crime and Punishment in Ancient India, Book Company, Calcutta, India, Pg. 33.
• ⁴² Ibid, Pg. 33.
• ⁴³ The doctrine of prayascitta was the doctrine of atonement or expiation of sins. The performance of prayascitta was a means to escape or modify the operation of the law of Karma. (Y. Krishan (1983), Annals of the Bhandarkar Oriental Research Institute: The Doctrine of Prayascitta in Hindu Law and the Jaina Doctrine of Karma, Bhandarkar Oriental Research Institute, Maharashtra, India, Vol. 64, Pg. 109.)
• ⁴⁴ Damayanti Doongaji (1986), Crime and Punishment in Ancient Hindu Society, Ajanta Publications, Delhi, India, Pg. 171.
• ⁴⁵ M. Rama Jois (2004), Ancient Indian Law Eternal Values in Manusmriti, Universal Law Publishing, Delhi, India, Pg. 86.
• ⁴⁶ U. C. Sarkar (1958), Epochs in Hindu Legal History, Vishveshvarand Vedic Research Institute, Hoshiarpur, India, Pg. 55-63.
• ⁴⁷ Madhu Bazaz Wangu (2006), World Religion Hinduism, Chelsea House, New York, USA, Pg. 119.
• ⁴⁸ Patrick Olivelle (1999), Dharmasutras, The Law Codes of Pastamba, Gautama Baudha, Vasistha, Oxford University Press Inc., New York, USA, Pg. 9.
• ⁴⁹ Ibid, Pg. 17.
• ⁵⁰ Ramapardas Das Gupta (1930), Crime and Punishment in Ancient India, Book Company, Calcutta, India, Pg. 36-37.