2. Concept of Dharma and Danda

The Manasollasa while referring to the administration of justice mentions many times Dharma and Danda. order to know the judicial system, it is necessary to understand these two key-concepts. In Dharma is a very comprehensive term. It is translated into English as Religion, but this word does not give its true and complete meaning. Dharma stands for a way, a path of life and a mode of conduct. It has originated from the root "Dhr" which means to hold or support. So it should be regarded as the embodiment of all those tivra dandabhyalloke bhrsamudvijate janah | tasmanmrduprayogena prajapalanamacaret || 2.20.1297. CE. mahabharata santiparva 122.4 . sta vyangatvam ca sarirasya vadho va nalpakaranat | sarirapidastastu dehatyago vivasanam || 18. yathoktadandavinyasad bhupaterdharmacarinah | yasodharmastatha rastra kosasca parivardhate || 2.20.1298. CE. mahabharata santiparva 120.29. vyaktascanugrahe yasya yatharthavacapi nigrahah | guptatma guptarastrasca sa raja rajadharmavit ||

88 rules and means which sustain the world, and particularly the human life. But it is not rigid principle of life, it is ever changing and modified according to the circumstances. Dharma also means the law or the ordinance and stands for the moral concepts which are to be protected and preserved by the king. He is the protector of Dharma and it is his duty to enforce its observance by the people. He is not the head of the law, but its regulator and is considered more as protector of the social and moral principles. He can protect the general and constitutional aspects of the social and moral conduct. Dharma indicates the duties of the persons and stands for the maintenance of Asrama and Varna Dharmas, which the king has to enforce, and to punish those who violate them. The Varna and Asrama schemes were conceived to enable the society to make the best of the potentialities in the individual, so that, through the functioning of the best and the finest that individuals are capable of the best may be formulated and inherited by the group. In short, it may be said that 19. mahabharata santi parva 121. 11. • supranitena dandena priyapriyasamatmana | praja raksati yah samyagdharma eva sa kevalah || 19

89 Dharma stands for moral and ethical duties, good works, religious virtues, the universal truth, divine justice, conventions as well as social and individual duties. The king has to work according to its injunctions in its comprehensive meaning. The root of Danda is Like Dharma, Danda also has different meanings. Its literal meaning is the staff, but politically it means the kingly power and his authority to inflict punishment upon the culprits. discipline. The notion of Danda is apparent in the use of the phrase like Dandadhrt, wielder of Danda. The king has to utilise it for punishing the culprits in order to maintain the social order and peace. It is not an instrument to crush the people, but a means to render services to them. Somesvara says that Danda is the last among the 20 four means. Further he states that there are fifteen 21 types of Danda. In the Manasollasa, Somesvara gives the names and nature of the fifteen types of Danda. 20. upayatritayenapi yo na sakyo bhaved ripuh | tasya dandam prayunjita balavan yadi bhupatih || 2.20.1031. 21. balisthena tatha karya danda dvadasabhedajah | asaktena trayah karya evam pamcadasa smrtah || ed daan zynr: 11 2.20.1033.

90 First of all, he divides it into two parts. The Dandas are defined on the basis of the strength of the kings; a strong king can use twelve types of Danda, and a weak king can use three types of Danda, these are Visa, Ghata, and Abhicara. 22 The twelve types of Dandas proposed by Somesvara are as follows: 23 1. Desanasaka Danda wherein the forest, garden, tanks and lakes of the enemies are destroyed, and villages are burnt. 2. Jananga-cheda Danda wherein the nose, ear, and the other organs of the enemies are cut. 22. balasaktivihinena nrpena ripughatina | prayojya syustrayo danda visadhatabhicarajah || 2.20 1225. 23. desanasasca satrunam janangacchedakastatha | gograho dhanyaharano bandigrahastatha parah || desaharo dhanadanah sarvasvaharano parah | supara durgabhangah sthanadaho desanivargastatha | yuddhavaho mahadandah satrusamharakarakah | upayanam turiyasca kathitah somabhubhuja 11 2.20.1035-1037. •

91 3. Gograha Danda wherein the enemies' land, animals are attacked and put under his control. wherein the enemies' food- 4. Dhanyaharana Danda grains are looted or robbed. 5. Bandigraha Danda wherein the enemies' gentlemen, merchants and others are arrested. 6. Desahara Danda wherein the enemies' land is occupied and ruled. 7. Dhanadana Danda N wherein the gold, silver etc. are looted. 8. Sarvasvaharana Danda wherein the enemies' wealth, foodgrains, cows, animals, clothes, goods etc. are robbed. 9. Durgabhanga Danda wherein enemies' forts are attacked and destroyed. Somesvara gives more details in this context (2.20.1048-1074). 10. Sthanadaha Danda wherein the enemies' houses, weapons, cities, palaces, many storied buildings, forts, gates, queen's houses, Army Commanders' houses, markets, etc. are burnt (2.20.1075-1078).

་ 92 11. Desanirvasaka Danda wherein the king has lost the kingdom, ministers, forts, as well as army, and has started living in the forest in huts, without queen, children, friends, servants etc., facing poverty which he never experienced and thinking of his past glorious life (2.20.1079-1081). 12. Yuddhavadha Danda wherein the king kills his enemy in a fight with the help of all sources of strength. (2.20.1082-1224). Somesvara explains the following three types of Dandas in addition to the twelve already mentioned: 1. Visa Danda 2. Ghata Danda 3. Abhicara Danda. 1. Visa Danda: In this Somesvara has explained the various ways of using Visa Danda on a strong king by a weaker one. In the beginning, he has classified poison into three distinct categories namely Sthavara, Jangama and Krtrima. He has said that Halahala, srngi, kalakuta 24 24. visam halahalam srngi kalakutam bhayavaham | vatsanabham caturtham tu sthavaram parikirtitam || sarpadamstradisanjatam visam tajjannamam viduh | viruddha - dravya militam krtrimam visamucyate || 2.20.1226-1227.

93 and Vatsanabha are the sthavara (steady) Visa. The poison in the snakes and other poisonous creatures is Jangama (spreading) Visa. According to him the poison formed by mixing opposite Dravyas, is the Krtrima (artificial) Visa. After explaining the three categories of the Visa, Somesvara has explained when, where, how and by whom the Visa is to be administered. Somesvara has said that Visa is to be administered on the enemy king through a subject of that king who behave as an honest man but tries to achieve this, he has suggested that Visa is to be mixed in the tank containing drinking water, well, puskarini, lake etc. And the water, oil, 25 padukas etc. to be used by the enemy king. Just to create havoc in the public and upset the mental peace of the stronger king; the Princes, Sacivas, Amatyas, Senapatis, etc. of the stronger king should be poisoned. This is called Visa Danda. 25. snanodake tatha taile padabhyange sapaduke | thistyd,feufined yyɔdin fad fantE || 2.20.1229.

94 2. Ghata Danda: Somesvara has hinted at the qualities expected from the person who administers Ghata Danda. He has said that such a person should be brave, fighting unto the last breath, the most loyal to the king, rising to the > occasion, intelligent etc. Further he says that the enemy king should be victimised by this Danda at an occasion and time, when he is not conscious of such plots and when he is too much drowned in the imaginary world. The Yantras should be made to fall on the king to be victimised at a time when he is moving in processions, or when he is in a jubilius mood after a successful battle, performing various sacrifices etc. The same thing can be achieved with the help of Yantras to make 26 some things like the Kalasa of Ratha, parts of the Mantapa, bridges etc, to fall on the king to be victimised, when he is moving nearby or through them, so that the name of the person responsible for his death is not known to others. The Danda administered in this way to bring about death to enemy king, is called Ghata Danda. The Danda administered in this way to bring about death to the enemy king, is called Ghata Danda. 26. purvodigunaistiksnah subhadrairyantrapatanam | mayaya kriyate sa kirtitah ¤ruut faud gatafagus: a stian: || 2.20.1237.

95 3. Abhicara Danda: Somesvara has said that this Danda, brings about effects which are usually impossible for a common man. According to him, the king should administer this Danda on the enemy king through a Brahmana who has conquered his senses who is religious, wellversed with sorcery practices of the Atharva Veda and having mastery over all types of Mantras and Tantras. He has said the enemy king can be dislodged even from a distance 27 by administering this Abhicara Danda. Further he says that the Kahala Lamps, Dhupas, arrows, feathers of all peacock, Aksatas, etc. should be prepared va through Abhicaraka homas (sacrifice), tefific YantraLekhanas, as well as Japa and then these should be used to mesmerise the enemy king, so that he can be arrested 28 and dethroned later. 27. banairmantraprayuktaisca siddharthakayutaksataih | mohayet stambhayecchtrun sthanaduccatayet tatha || 2.20 1241. 28. atharvavidhitattvajnai brahmanairvijitendriyaih | mantra-tantravidhantairduradunmulayed ripum || 2.20.1338.

96 Somesvara, continuing further, says that by administering this Danda one can create enimity in the friends of the enemy king. He has also said that such enemies of the enemy king become the friends of the king who administers the Abhicara Danda. Thus the enemy can be arrested and killed. 29 From this, it is obvious that at the time of Somesvara, sorcery was used by the kings for achieving victory over the enemy. Somesvara discusses the origin and functions of Danda. He explains how it protects the people, how it controls them, what its different names are and how it came to 30 the Ksatriyas. According to the Mahabharata, it is the ultimate physical power which has been given to the 29. vidvesayecca mitrani vase kuryacca vidvisah | samharejjivitam yat tu syat sa dando'bhicarakah || 2.20.1242 • 30. mahabharata santiparva 121.8-9. danda srnu kauravya yo vyavaharyo yatha ca sah | yasminhi sarvamayattam sa danda iha kevalah || dharmasyakhya maharaja vyavahara itisyate | tasya lopah katham na syallokesvavahitatmanah | ityartham vyavaharasya vyavaharatvamisyate ||

97 king for the protection of Dharma or the regulation of law. It has been regarded as Vyavahara because it removes the Avahara dissolution of Dharma. So, in this way, the main aim of Danda is the preservation of Dharma which results 31 in all-round prosperity.