Atithi or Guest Reception (study)
by Sarika. P. | 2022 | 41,363 words
This page relates ‘Jurisprudence (the procedure of law)’ of the study on Atithi-Saparya—The ancient Indian practice of hospitality or “guest reception” which, in the Indian context, is an exalted practice tracable to the Vedic period. The spirit of Vedic guest-reception (atithi-saparya) is reflected in modern tourism in India, although it has deviated from the original concept. Technically, the Sanskrit term Atithi can be defined as one who arrives from a far place with hunger and thirst during the time of the Vaishvadeva rite—a ceremony that includes offering cooked food to all Gods.
Part 3 - Jurisprudence (the procedure of law)
The procedure of law was remarkably modern and anticipated the evolution of centuries. Judicial procedure in taking a complaint, rules for pleadings, law of evidence, rules of trial, judgement, criminal law, punishment etc. are very unique in nature.
The judicial system used a very highly developed law of evidence. Evidence is broadly divided into three classes (1) documents, (2) witness and (3) conduct. Documents were divided into two classes, the official and the private. Custom could be proved both by the evidence of witnesses and by documentary evidence. Interesting descriptions are to be found about the qualities and demeanour of a reliable witness. It is said that the witness should be, religious, of a respectable family, devoted to truth, a lover of virtue, candid and possessed of offspring.[1] The characteristics of an untruthful witness are graphically described thus; He constantly shifts his positions, and licks the corners of the lips, his forehead sweats, his countanence changes colour, his mouth dries up, his speech flaters and he very often contradicts himself. He does not look up, is slow in giving answers.[2] Distant forms of ordeal were also prescribed in law book, but they were to be avoided if other kinds of evidence were forthcoming.[3]
No trial was allowed to be held either behind closed doors or outside jurisdiction or at night, and any trial so held was declared to be void and liable to be annulled. Time was taken for consideration of the judgement. The judgement embodied the decision of the court, called either the vidhāna or the jayapatra. It was required to contain a summary of the pleadings, evidence adduced by the parties, the courts deliberation, and the law applicable to the case as determined by the court.
Regarding criminal law, if persons of a responsible position and social status and officers in administration committed an offence, they had to suffer punishment higher than that of an ordinary person, committing the same offence. Manu says an ordinary man is punishable with a fire of one kārṣāpaṇa, the king himself committing the offence should be punished a thousand times the amount. The principle here was, the greater the position and authority, the greater were the responsibility and the standard of behaviour expected.
Punishments in criminal law under the judicial system were carefully graded. Yājñavalkya describes four kinds of punishment in criminal law, namely:-1) Censure, 2) Rebuke, 3) Pecuniary punishment and 4) Corporal punishment. They could be used according to the nature and circumstances of the crime.[4] Pecuniary punishment included fine and forfuture of property. Corporal punishment included imprisonment, penal servitude and death sentence.
The place and time of the offence, the age, occupation, strength and position of the offender, the circumstances in which the offence was committed, the intention, and the value of the articles stolen or robbed, were all said to be proper considerations to determine the sentence and the punishment. Whether the offence was the first offence or a repetition was also a consideration in punishing the offender.[5]
According to Manu, one of the primary objects of punishment is protection of the people. He says; penalty keeps the people under control, it protects, it remains awake when people are asleep, so the wise have regarded punishment as a Dharma leading to righteousness.[6] This appears to indicate that punishment was retributive and reformative.
From the above, it is evident that there were several remarkable aspects, which need further focused study. These aspects show some underexplored areas of social customs and ethical codes that were prevalent in the Smṛti period. Rituals and carry a very important in the varṇāśrama system. The observance of the pañcamahāyajñas are one of the daily essential duties of gṛhastha. Nṛyajña or manuṣyayajña is detaily discussed in Dharmasūtras and Smṛtis.
Footnotes and references:
[1]:
tapasvino dānaśīlāḥ kulīnāḥ satyavādinaḥ |
dharmapradhānā ṛjavaḥ putravanto dhanānvitāḥ || Yājñavalkyasmṛti, 2.5.68
gṛhiṇaḥ putriṇo maulāḥ kṣatraviḍśūdrayonayaḥ |
arthyuktā sākṣyamarhanti na ye kecidanāpadi || Manusmṛti, 8.62
āptāḥ sarveṣu varṇeṣu kāryāḥ kāryeṣu sākṣiṇaḥ | sarvadharmavido'lubdhā viparītāṃstu varjayet || ibid.,8.63
[2]:
deśāddeśāntaraṃ yāti sṛkkiṇī parileḍhi ca |
lalāṭaṃ svidyate cāsya mukhaṃ vaivarṇyameti ca || Yājñavalkyasmṛti, 2.2.13
pariśuṣyatskhadvākyo viruddhaṃ bahu bhāṣate |
vākcakṣuḥ pūjayati no tathauṣṭhau nirbhujatyapi || ibid., 2.2.14
svabhāvādvikṛtiṃ gacchenmanovākkāyakarmabhiḥ |
abhiyoge'tha sākṣye vā duṣṭaḥ sa parikīrtitaḥ || ibid., 2.2.15
[3]:
pramāṇaṃ likhitaṃ bhuktiḥ sākṣiṇaśceti kīrtitam |
eṣāmanyatamābhāve divyānyatamamucyate || ibid., 2.2.22
[4]:
dhigdaṇḍastvatha vāgdaṇḍo dhanadaṇḍo vadhastathā |
yojyā vyastāḥ samastā vā hyaparādhavaśādime || ibid., 1.13.367
[5]:
[6]:
pādo'dharmasya kartāraṃ pādaḥ sākṣiṇamṛcchati |
pādaḥ sabhāsadaḥ sarvān pādo rājānamṛcchati || Manusmṛti, 8.18