7. Veda, Smriti, Purana, Nibandha are the source of ancient law

14 Veda, Smrti, Purana,Nibandha are the source of ancient law. The Vedic age may be placed between 2000 B.C and 1000 B.C, the age of the Smrtis commenced from about 1000 B.C or 800 B.C and continued up to 8th century A.D, and the Smrti age is divided into two broad periods, one from 800 B.C to 100 B.C. and the other from 100 B.C to 800 A.D." 14 The ancient law can be divided in two parts-one of them is religious texts, and others are Smrtis, Dharmasastras and commentaries. These are special dealings in civil and criminal laws. Yajnavalkya States that srutis and smrtis are the source of law. Sruti means Vedas. Smrti means Dharmasastras. Sruti is the supreme source of authority of Vyavahara for Sruti the following reasons- (1) Sruti was the supreme authority and Sastri origin of law. The Sastras and Smrtis profess to bow down to the authority of the Vedas even when they were actually departing from the theories enunciated by them. Inheritance is one of the most important sections of law found in the Srutis and Smrtis. 24 Outlines of ancient Hindu jurisprudence-M.S.Pandit tripathi-page-7

15 In the Sruti, laws are arranged according to the topics and are called vyavaharapada i.e. a branch or topics of Vyavahara. The word vyavahara is definedvi nanartheva sandehe haranam hara ucyate nana sandeha haranad Vyavahara iti smrtah. 15 Etymologically 'vi' means various 'ava' means doubts, 'hara' means removing. Hence 'vyavahara' means removal of various doubts. Vedas are purely religious works that was orally transmitted from generation to generation and they are known as Rgveda, Yajurveda, Samaveda and Atharvaveda. Vedangas (pare of Vedas) consist of siksa, kalpa, vyakarana, nirukta, jyotisa and candas. There are also eighteen Upanisads considered as part of supplement to the Vedas. Scholars of social sciences have opined that in early times there was no organized system for the judicial settlement of disputes. In the Vedic age, the Sabha and Samiti played a vital role 15 Vyavaharamala- Page-4

16 in the judicial sphere. The reference about the functions of the king in Rigveda discloses that in the early Vedic era the king performed the duties for the welfare of the people. For e.g. the people paid taxes to the king. There was no mention about the court for offenders in Vedic literature since life was simple and law and order was well organized. So the courts were not necessary. During the Smrti period, the king himself performed the duties of a court both civil and criminal. The Smrti and Dh.S derive inspiration and guidance from certain ideas or injunctions laid down in the Vedas. Social conditions in those periods were centered on dharma. Hence more importance is laid on them in civil and criminal laws. The important Dh.S of high authority, was that of Gouthama, Boudhayana, Apasthambha, Haritha, Vasista and Visnu. Their contributions are noteworthy in the legal system. The two epics Ramayana and Mahabharata devoted the story of Surya and Kuru dynasties. The author of Ramayana was Valmiki and that of Mahabharata was Vyasa. The epics

17 concreately define the value of life (Dharma) and recollect the needs to protect dharma and duties of everybody. The Sutras, the Smrtis, the Puranas and the Nibandhas all recognize the Vedas as the supreme authority of law. Smrtis and Dh.S. are treated in detail in Vedic literature. Smrti deals with the five great sacrifices pancamahayajnas (Brhmayajna, pitryajna, devayajna, bhutayajna and manusayajna). Besides, it deals with the various samskaras, the duties of four Asramas (brhamacarya, grhasta, vanaprasta, sanyasa) and four varnas. The concepts of four Asramas and four castes are mentioned only in a solitary passage in Rigveda Laws of debts, pledge, sureties, contract etc are dicussed in the Vedas. Rules of prayascitta (penances), rules of administration (Raja dharma), the law of debt, sureties, contract and pledge, partnership and slavery and civil and criminal procedures are also mentioned in the above works. The supreme authority of these Srutis continued to be recognized till the end of the Nibandha period (188.A.D.) As a matter of fact, if this authority were to be really followed today; it

18 would be quiet possible for us to show by quoting Vedic passages, such as marriages, intercaste marriages, women's rights to Vedic initiations and studies, unmarried daughter's right in the patrimony, which are all recognized by our Dharma". The references to the old maiden getting her share from her father's property contained in the Rigveda (II 11-7) will prove that unmarried daughters could get a share in the patrimony. 17 Law in ancient India meant Dharma in the broader sense. Vedas regarded as a divine revelation, was the supreme source of authority for all justice contained Dharma. Jaimini defines that Dharma was the valuable flower of life to be attained by a man through the injunctions of the Vedas. The earliest of the lawgivers, Gouthama also, declared the Veda as the source of Dharma. The same was emphasized by Boudhayana and Apasthambha. However, Manu made a departure and mentioned Vedas as one of the sources of law. Veda is the first source, "Ibid-page-10 17 Sain das foundation lectures-1952.Sourece of hindu dharma-in its socio religious aspects. A>S>Atickar. institute of public dministration Sholapur. Pago-8

19 tradition is the second source, and usage by virtuous men, is the third source. The RgVedic Aryan society was divided in to four classes. The priestly class that later developed in to the Brahmana-varna is referred to frequently in the Rigveda as Brahman, Rsi and Vipra. The next class, the ruling or militant class is known as Ksatram, Ksatriya, Rajan, and Rajanya and even as Rajaputra the administrative class that later developed in to the ksatriya. The third class was known as Visah Krsti and Karsanth and constituted the masses the traders class, that later developed as Vysya. The fourth class - the Sudras is rarely mentioned in the early portions of Rigveda the fourth class considered as the labors group of society. The Rg Vedic divinities are found to be differentiated exactly on the same pattern as the human society 18. As it has been pointed out, Agni is the typical Brahman, the purohitha the hotru, the 19 potru". Mitra and Varuna are the two Ksatriya rulers par Evolution of the smriti law-Dr. Sivaji singh-page-170 Rigveda-1-1-2JVth-9-3 and -4

20 20 excellence 20 and Aditya are also members of the ruling class. Indra is the great warrior as Agni is the great priest. The other two clases Vysya and Sudra and their duties in the society are rarely mentioned in Vedas. The political system in ancient and medieval India rested on monarchial system of government. Rajan and names of many kings are mentioned in the Rigveda More over various tribal chief and heads of petty government were also prominent. The references to the old maiden getting her share from her father's property contained in the Rigveda ² (II 11-7), prove that unmarried daughters could get a share in the patrimony. Another Rigveda verse (III 31-2) that the son should not give any share to a married sister, depict that daughters got no share in their father's property. The independent line of legal thinking, which may be traced back to Rigveda 22 is that a man in old age should divide his property among his sons- 'pitru kartrko vibhagah. Thus it became 30 *R-V-VIII-25-1 Zl Sain das fondation lectures-1952.Source of hindu dharma-in its socio religions aspects. A>S>Atlekar. institute of public administration Sholapur. Page-8 Z Ibid-R-V-III-1-2, 1-70-5

21 possible to trace Vedic authority to a number of smrti rules and regulations. The rules of Smrti literature were really based on Srutis. A few instances make this point clear. 1. In civil laws right to inheritance to the ancestral property conferred on the sons had its origin in the Vedic principle of ancesteral worship-e.g. duty of sons to pay obeisance to the parents. 2. Rigveda -X-85 is a hymn relating to marriage rituals from which the law governing marriage has emanated. 3. Vedic literature refers to the king as a judge either in civil or criminal cases. The King in Vedic age functioned as a judge in private disputes. P.V. Kane has brought together about fifty pages of Vedic passages that throw light on marriage, forms of marriage, and the different kinds of adoption of sons, partition, inheritance, and stridhana.