Vyavaharamala: a text on Indian jurisprudence
by P. V. Rajee | 2008 | 63,341 words
This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....
53. Prakirnaka prakarana (miscellaneous matters)
As the vyavaharas mentioned in prakirna pada depends up on king's decision, King should enquire in to the following matters which comes under Prakirna prakarana, violation of
286 royal command, sitting in the king's thrown, rewriting the orders of the king and informing it to the public, the religious convertors, prostitutes etc. The prakirnaka contains the dharma done by the king in his country, his punishments and above all the doubtfull subjects set a part from vyavaharapada. Narada says, according to the cathurupayas that is sama,dana, bheda, danda King should safe-guard the country. As the country ruled by the king is splendid with the dharma of Brahmana, and Ksatriya, the people in the country will not do any cruel deeds. Pitamaha says, great kings will bear five symbols such as Agni (fire) Indra ( lord indra) Chandra (lord moon), yama (lord yama) and Kubera. If the king considers his subjects sorrow as his own sorrows he will be agniswarupa. The valourous king who takes weapon and goes to defeat his enemies, is called indraswarupa. If the king avoids anger, remains happy with good health and rules his subject, he is called Chandraswarupa. If the honourable king sits in dharmasana in court and considered all living being as eaquals
287 and kills cruel people, he is called Yamaswarupa. The king treats the guests, scholors those who does good deeds with courtesy by giving arms and presents, is called Kuberaswarupa. According to the above mentioned concepts the rules of king should not be denied by his subjects. If done so they will have to meet with severe problems. Servants must obey the king. As the female dancers imitate the male dancers, the servants have to obey their king. The king should protect the religious concepts as dharma of the Brahmana, Ksatriya, Vysya, Sudra etc. Hari says: scholars who are learned the veda sastras, do any mistakes, they will be corrected by their Gurus. The king has right to punish the cruel people, if they adopt any such crimes. If anyone unknowingly makes mistakes to the King or the gurus, then they will be punished by Yama deva. Yajnavalkya says, people should be punished, taking in to consideration of their age, faults, property and time. Manu says, the king has the right to punish those people who forget their duties towards their
288 father, guru, mother, wife, son and priest. None of these people is subjected to any punishment. Sanghn says, the king should not give punishments, to people like parents, fasting people, priests or saints on the basis of his anger. These people increase the prosperity of the king's dharma. King should not show his anger towards children, old people and saints. Brihaspati says, the teachers, priests etc should only be punished orally (vagdandam) by the king. In disputes, those subjected to crimes should be orally punished or fined by the King. Those who rob gold materials should be given severe punishment, such as death. Brihaspati and Manu says, punishments are in four waysvagdanda, digdanada, arthadanada and vadhadanda. These should be applied according to their order. Punishments should be applied on the basis of crimes done and the situation. Manu says, dandastanas or the position of dandas are of ten types. They are upasta, udara, jihwa, hastha, pada, netra, nasika, kara and dana. If a Brahman is found to be done a crime then he
289 should keep a symbol on his forehead and should be exiled from his native place. The anger of a Brahmin can cause severe problems for the whole world. Therefore the punishments such as death and cutting of body - parts is not done, rather his head shaved and made to evacuate to other place. This punishment stands as to killing for Brahmins. The most violent crimes are assassination of brahmins, usage of liquor, theft and raping of the Guru's wife. If people who commit such violent crimes, apologize, there is no need of any punishments. Otherwise then such a punishment is uttama sahasa which belongs to fine. If the king happens to punish innocent people he will face hazardous problems-both in this world and the other. People who make the way to palace untidy will be fined in the name, two karsapana. Katyayana says: if noble personalities commit any fault unknowingly need not be punished. Punishments are of two types—sariradanda and arthadanda. Punishment such as beating, assassination and other corporal punishments belong to
290 sariradanda. Arthadanda are of many types. Confiscation, fine etc are of different types of arthadanda. In this way the features of punishments are mentioned in prakirana prakarana.