Part 8: Reward and Punishment

Reward and punishment are things closely associated with the human societies. For the good there is reward, and for the wrong doers there is always punishment. In this connection, lord kṛṣṇa’s version may be related; that he incarnates time to time to protect the good people and to punish the wicked.^[1] For efficient function of government, the punishment is very important. Therefore, Manu also prescribed it that men are dominated by the fear of punishment; rare is the man who is moral for the sake of morality; it is the terror of punishment that enables all men to enjoy their earnings or possessions.^[2]

1 Reward:

The writer used a word prābhṛtam^[3] to imply a present or gift in many places. According to P. V. Kane—

“prābhṛta [prābhṛtam] was a present sent through a messenger or servant.”^[4]

Sometimes the king should give the gifts to their servants etc. to inspire them. We find description of giving pūrṇapātra in the Harṣacarita, when Supātra, the daughter of nurse (dhātrī) had given the good news (Harṣa’s birth) to the king Prabhākaravardhana, he presented her with pūrṇapātra.^[5] It is also described in Kādambarī that the king Tārāpīḍa had given pūrṇapātra^[6] to his minister Śukanāsa, and, given pāritoṣika^[7] to his servants for giving the good news of his child birth.

P. V. Kane comments—

“The king gave pūrṇapātra; a present given to or taken by one that brings some happy news.”^[8]

According to Śabdakalpadruma-

harṣādutsavakāle yadalaṅkārāṃśukādikam /
ākṛṣya gṛhyate pūrṇapātraṃ purṇālakaṃ ca tata //^[9]

It is mentioned in the Harṣacarita that the custom of releasing prisoners prevailed while there were joyous and festive occasions. It is described that all the prisoners were released in the birth of prince Harṣa,^[10] and also emperor Harṣa released the prisoners on the eve of his expedition.^[11] It implies royal amnesty was granted to the criminal at that time.

Arthaśāstra also remarks—

…sarvabandhanamokṣaṇamanugrahaṃ dīnānāthavyādhināṃ ca.^[12]

2 Punishment:

Administration of justice was another important function of the king. Bāṇa mentions that the king Harṣa was bent upon curbing (the senses), not upon the punishment.^[13]

According to P. V. Kane—

“nigraha implies punishment or imprisonment.”^[14]

Either the king himself acted as a judge or he appointed efficient and honest persons to dispense justice. Bāṇa describes that king Harṣa stood first at the path of right.^[15] In the reign of Harṣa, pramātṛ was an official of the judicial department. The Banaskhera copper plate^[16] and Madhuban copper plate^[17] of Harṣa refer to this officer. The etymological meaning of the pramātṛ is who must have been eighter a judge or an assessor (judge's assistant) of revenue.^[18]

It was also an important function of the king to enforce the laws of caste and orders. Gautama says that king should protect castes and orders in accordance with justice and set right those who transgress their moral duties.^[19] About the punishment Manu warned the king that in due consideration of the time, place, knowledge and specific nature of his offence, he must inflict due punishment on the offender.^[20] It was also supported by Skaṇḍagupta, the minister, of king Harṣa. So, he said that the customs depended on the country (deśa).^[21] It shows the king’s responsibility towards justice. According to Manu it is the duty of king to protect the woman irrespective of castes and creed.^[22] From the conversation of King Harṣa with his brother Rājyavardhana, it is known that he also supported the same view.^[23] But, in 7^th century A.D., sometimes this law was not followed. It is described in the Harṣacarita, the princess Rājyaśri was imprisoned by Gauḍa king of Mālava after he had defeated Grahavarman like a brigand’s wife with a pair of iron chain kissing her feet, but she not guilty.^[24]

If a king fails unremittingly to impose punishments on the offenders the powerful will torture the weak, like fishes fried on gird irons.^[25] Punishments inflicted on criminals varied according to the nature of crimes. Those who were convicted of minor crimes were let go off after a reprimand, while those committed heinous crimes were awarded capital punishment. The most severe and drastic punishment was the answer from the Gupta kings. If conspiracy with their relatives was proved, then the king could give death penalty too. The writer mentions that king Harṣa was not interested in giving punishments,^[26] but when he had heard about the death of his beloved brother Rājyavardhana, he declared that if he would not kill all the family of Gauḍādhipati Śaśāṅka, then he would commit suicide in the fire like insects (pataṅga).^[27]

During 7^th century, if one murdered the brāhmaṇas, he had to bow down by way of prāyaścitta before a head.^[28] Bāṇa gives some information about the nature of punishment in the time of Harṣa; the four principal limbs of condemned criminals were cut off.^[29] It implies that the practices of the cutting of the feet were for some unstipulated offences. Sometimes, punishment is not applicable in some cases. For example, the Arthaśāstra^[30] prescribed capital punishment for sale of human flesh. But it was described the courtiers cut off and sold their own flesh in a vain attempt to save their king Prabhākaravardhana from a fetal illness.^[31] The sale of human flesh for witchcraft is seen in Bhavabhūti’s Mālatīmādhava.^[32]

Footnotes and references:

[1]:

Bhāgavatapurāṇa, IV.8

[2]:

sarvo daṇḍajito loko durlabho hi śucirnaraḥ | daṇḍasya hi bhayātsarvaṃ jagatbhogaya kalpate || Manusaṃhitā,VII.v.22

[3]:

[a].…samucitairupāyanaiḥ prābhṛtaiśca…, Harṣacarita,III. p.45 [b] ….prathamaṃ śeṣamapi prābhṛtam prakāśaya……, Ibid.,VII. p.116

[4]:

Ibid., p.560

[5]:

nirgatya ca …dhātyāḥ sutā, supātreti nāmnā rājñaḥ …,deva….dvitiyasutajanmanā’ iti vyāharantī pūrṇapātraṃ jahāra, Harṣacarita,IV.p.61

[6]:

ityabhidhāya prītivikasitamukhaḥ….śukanāsasyottarīyaṃ pūrṇapātraṃ jahāra, Kādambarī,p.123

[7]:

tasmai ca prītamanāḥ priyavacanaśravaṇānurupam puruṣāyāparimitam pāritoṣikamādideśa, Ibid.

[8]:

Harṣacarita, p.395

[9]:

Śabdakalpadruma, III Kāṇḍa, p.219

[10]:

muktāni bandhanavṛndāni, Harṣacarita, IV.p.62

[11]:

…daṇḍayātrālagne……prasādadanaiśca vimucya vandhanāni niyujya…nirjagāma, Ibid.,VII.p.108

[12]:

Arthaśāstra,13.5.11

[13]:

. ….doṣainigraḥ ruciritīndriyai…., Harṣacarita, II.p.35

[14]:

Ibid.,p.293

[15]:

……nyāye tiṣṭhantam, Ibid., II.p.32

[16]:

Corpus Inscriptional Indicarum, IV, p.208

[17]:

Epigraphica Indica, I, no. 11, p.67

[18]:

A Dictionary English and Sanskrit, Williams, p.686

[19]:

Gautamadharmasūtra,XI,9-10, p.180

[20]:

Manusaṃhitā,VII.16

[21]:

idṛśaḥ khalu lokasvabhāvāḥ…tadiyamātmadeśacarocitā svabhāvasaralahṛdayajā tyajyatāṃ sarvaviśvāsitā, Harṣacarita,VI.p.105

[22]:

abrāhmaṇaḥ saṃgrahaṇe prāṇāntaṃ daṇḍamarhati | caturṇāmapi varṇānāṃ dārā rakṣyatamāḥ sadā || Manusaṃhitā,VIII. 359

[23]:

kalattraṃ rakṣatviti śrīste nistriṃśe adhivasati, Harṣacarita,VI. p.97

[24]:

bhatṛdārikāpi rājyaśrīḥ kālāyasanigaḍayugalacumbitacaraṇā caurāṅganeva samyatā kānyakubje kārāyāṃ nikṣiptā, Ibid., VI. p.96

[25]:

Manusaṃhitā,VII.20

[26]:

na yamasyevativallabhāni daṇḍagrahaṇāni, Harṣacarita,II.p.35

[27]:

śapāmyāryasyaiva pādapaṃśuśpaśena yadi……..… sakalacāpacāpaladurlalitanarapaticaraṇaraṇaraṇāyamānanigauḍāṃ …na karomi medinīṃ….…pataṅga iva pātakī pātayāmyātmānaṃ, Ibid., VI.p.102

[28]:

brahmaghna iva pratidivasavandanoddhṛṣtaśiraḥkapālasya, Ibid., VII.p.120

[29]:

asminśca rājani bṛttānāṃ pādacchedāḥ, Ibid.,II.p.35

[30]:

Arthaśāstra,4.10

[31]:

aparatra prakāśanarapatikumārakakriyamānamahāmaṃsavikraya…, Harṣacarita,V.p.76

[32]:

Mālatīmādhava, 5.12