Administration of Justice in Tamil

Administration of Justice
in Tamil Literature

THE CONCEPT OF LAW

Law as understood today is quite different from the conception of law in ancient Tamil Nadu. Law to the ancient Indians, whether of the North or the South India, was the customary law, the law of diverse peoples. There was in fact no legislature which made and unmade laws. In very ancient times, the king represent­ed the state as the administrator, as the leader of hosts in war and as the judge. But with the expansion of the State, rose up other institutions. A need was felt for the distribution of power among institutions which shouldered the responsibility on behalf of the state. One among such institutions was the department of justice. The king entrusted the work of administering justice to a body of officials who were held responsible for the proper conduct of justice. Invariably the members of this body were learned peoples, and the Hall of Justice was called Arak-kalam. This term is rendered Tarumasanam by the commentator.

THE COURT OF JUSTICE

It is evident that there was then a Court of Justice known Manram, avai, Avaik-Kalam, in chief cities where both civil and criminal cases were taken cognizance of, tried, and decided. The judges were largely guided by what is known as Dharmanul.

A HIGH SENSE OF JUSTICE

The pregnant observation of the Kural, namely, that it is not the lance that gains victory but only a righteous admini­stration that contributes to success, is corroborated by the Puram where the observance of the Dharmaic rule is said to be essential to and incumbent on a king.

In more than one place in the Silappadikaram it is said that, if justice was not properly meted out, the king would not survive it. In fact this is mentioned as the chief characteristic of the Pandyan kings. With such a high sense of justice, then, the ancient Tamil kings left no stone unturned for meting out proper justice to the wronged and the innocent. There was a special department of justice composed of highly learned persons. The king was of course the High Court of Appeal.

THE WHEEL OF LAW

The control of passions, the impartial outlook, contempt for avarice and freedom from different kinds of fears are the main personal qualities required for those who are destined to administer justice. The negation of these qualities and Draconic laws impede the proper administration of justice. The following passage is from Pathirruppathu, one of the Sangam anthologies, and is addressed to a Chera king known as Kuttuvan of Many Elephants.

The wheel of law doth stop its motion
When anger, lust, undue favour,
Falsehood, cowardice and excess love,
For wealth and cruel punishments appear
Know this, my Lord of mighty lineage.

BODY AND SOUL

Of all the relationships known to human mind, the relation­ship between the body and soul is considered to be the most intimate and sacred. This intimacy is so intense, no one-not even the greatest of thinkers-used to think that these two are separate entities. Our poet compares the body and the soul. The body moves as the soul directs. This passage is from Purananuru, a Sangam anthology – 2000 years ago.

KING, THE BODY

            Kamba Ramayanam is a Tamil epic of the 12th century A. D. It is held in high esteem by all the lovers of literature. In the following passage, a new turn is given to the political concepts of the relation between the ruler and the ruled. The fundamental principles of democracy find an important place in this passage; most probably for the first time in the oriental thought. This is an original turn given by Kamban, the poet, on retrospection, experience and projection. The ruler is personified as the body, which is being animated by the subjects, the life. So the rulers and the ruled should realise their responsibilities and act in harmony like body and soul.

The king bedecked with dazzling jewels,
with strength of mighty fierceful lions.
Holding diamond sword in hand,
Guarded all the living as
He would guard the life his own.
As all the living life were his
He stood as body to the life
The world which moved his actions all.

BELL OF JUSTICE

The fact that the kings were available to the people for the administration of justice and the redress of their grievances is indicated by the story of Manunitikanda Cholan, who, on enquiry, is said to have ordered the running of the chariot over his son, who had killed a calf while driving his chariot when the calf’s mother complained to the king by ringing the bell of justice at the palace gate. Even in later times it appears that such a bell (araichimani) was kept at the entrance to the palace to be rung by the aggrieved and distressed people, to call the attention of the king. Immediately after hearing the bell the king would go to the court, summon the party and enquire about the complaint. The king is said to have heard complaints even when he was in camp. Probably if the case was of a complicated nature, he asked competent officers by his side to try it or directed the matter to be settled by arbitration by the learned men of the locality in the presence of a Government official. The king’s court, besides being one of original jurisdiction, appears also to have had appellate jurisdiction.

THE CALL FOR JUSTICE

            Silappathikaram helps us to know about the keen sense of justice of the people of the Sangam Age. Kavirippoompattinam was the capital of Cholas. There were several Manrams (places of public resort) there. Pavai Manram was one among them. It is interesting to know why it was called Pavai Manram. It was believed that the Pavai (image) in that Manram would shed tears of grief should there be any flaw in the administration of law or failure of justice in the court of the city.

The Tamils of those days had a firm faith that justice would never fail in Aramkuru Avaiam. Alangudi Vanganar in one of his poems in Natrinal makes a pointed reference to Aramkuru Avaiam of Uraiyoor.

“You (lover) with deep-rooted love will ever remain in my heart like justice in the Aramuru Avaiam of Uraiyoor.”

So speaks the lady love to the lover in the poem.

Sangam literature also helps us to know the types of cases tried, the punishments awarded, and the mode of trial in Aramkuru Avaiam and also of subordinate courts in the mofussil towns going by the name “UoorChapaikal.”

The Pandya Queen is explaining her dream and the omens to Pandian Neduzhelian. At that time Kannaki appeared in the entrance of the palace and told the palace guard:

“Hay, doorkeeperi! Hay, watchman! Hay, palace guards of an irresponsible ruler whose vile heart lightly eases aside the kingly duty of rendering justice! God! Tell how a woman, carrying a single ankle bracelet from a pair that once joyfully rang together, waits at the gate. Go! announce me!”

The guard bowed before the king and said: “Long live the ruler of Korkai! Long live Tennavan, Lord of the Southern mountains, whose fair name calumny and scandal have never touched!”

The king said: “The guard let the woman enter and brought her to the king.” When she drew near the monarch, he said; “Woman, your face is soiled from weeping. Who are you, young woman? What brings you before us?”

She replied:

“Oh, you king of confused mind,
I with complaint here have come;
I come from Puhar famed for justice
where the ruler gave himself
Just to save a hostage bird:
Mind you, Oh king! he gave his body
To save a bird that found refuge.
A weeping cow once rang the bell
To get an audience of the king;
She lost her calf a tender one!
Who killed the calf? None but king’s son
who drove the car on lurking calf;
Accident! Accident! No thought he had
to run the car to kill the calf;
Many and many were the laws
The priests and elders gave the king
To excuse the son, the only heir.
Shook his head in disdain,
Rose the king from exalter throne.
Took his son and ran the car
Over his, who should succeed
The noble throne of Chola clan,
Thus was justice met to all
This is the place from which I hail
That is justice we have known.

How proud Kanuaki feels of her land and the justice of the rulers! And further she narrates: “There in Puhar a man Kovalan was burnt. He was the son of a wealthy merchant, Masathuvan. His family is known and his name untarnished. Led by fate, O king, he entered your city, with jingling anklets, expecting to earn a living. When he tried to sell my ankle bracelet, he was murdered. I am his wife. My name is Kannaki.”

The king answered,

“Divine woman, there is no injustice in putting a robber to death. Do you not know that that is the duty of a king?”
Kannaki said, “King of Korkai, you went astray from the path of duty. Remember that my ankle bracelet was filled with precious stones.”

“Woman” the king answered, “what you have said is pertinent. For ours was filled, not with gems, but with pearls. Let it be brought.” The ankle with bracelet was brought and placed before the king. Kannaki seized it and broke it open. A gem sprang up into the king’s face. When he saw the stone, he faltered. He felt his parasol fallen, his scepter bent. He said, “It is right for a king to act upon the word of a miserable goldsmith? I am the thief. For the first time, I have failed in my duty as protector of the Southern kingdom. No way is left open to me save to give up my life.” And having spoken, the king swooned. The great queen fell near him. And further Kannaki said, “Today we have seen evidence of the sage’s warning: the Divine Law appears in the form of death before the man who fails in his duty. Consort of a victorious king who committed a deed both cruel and unjust, I too am guilty of great sins. Be witness to the cruel deed I perform.”

This passage is from Silappathikaram, an early epic of excellence in which the justice of the land had been described.

RELEASE OF PRISONERS

A noteworthy point in this connection is the release of prisoners. It would appear that a general amnesty was declared on the occasion of the celebration of the birthday of the king. This birthday is designated as Perunal, and Perumangalam. Such general amnesty was also granted on other similar occasions. For example, on the occasion of the founding of the temple for Pattinidevi, Senguttuvan ordered the release of state prisoners like Kanaka and Vijayan as well as other ordinary prisoners.

OFFENCES AND PUNISHMENTS

There were offences of a civil character. One was failure to repay the debts incurred, as will be seen from a reference in the Sirupancamulam, one of the eighteen poems in the category of Kikkanakku. Among the criminal offences were theft, adultery, treason or Rajadroha, assault and so forth. The punishments were of different kinds such as imprisonment, mutilation of limbs, and sentence of death.

WITNESSES

When a certain case was presented to the court, one method of enquiry was by the examination of witnesses, there were then, as now, both false and true witnesses. The Sirupancamulam condemns the witness who deposes to an untruth. The false witness is mentioned as one among the six offenders of a State. The other five are pseudo-Sannyasins, housewives loose in morals, disloyal ministers, adulterers and tale-bearers. In different places of the Silappathikaram, deposing as false witness is treated as a great crime. Thus, we see how carefully justice was administered and the dignity of law and order was maintained.

TRIAL OF THE ANCIENT TAMIL COURTS

There is a description of a trial in a twelfth century work Sekkilar’s “Periya Puranam”. It was against the celebrated Saiva Nayanar Sundarar who belonged to the 9th century A. D.

The following account of a mythical trial contained in the Periya Puranam of Sekkilar, probably a contemporary of Chola Kulottunga II, may be taken to be illustrative of the system of judicial procedure during the period. The facts of the case were as follows. On the eve of the marriage of Sundaramurti, Lord Siva in the guise of a Brahman appeared before him and claimed to be his bond-slave, in order to save him from falling into the miseries of family life. Sundaramurti who was ignorant as to who the Brahman was, contested his claim; but since the latter insisted on his claim being settled before the marriage took place, both of them agreed to submit their dispute to the law-court at Tiruvennainallur for decision. The plaintiff’s case (muraipadu) was first stated in the Sabha of learned persons. The judges raised an objection that the plaint was in violation of usage according to which a Brahman was not to be enslaved under any condition. The plaintiff submitted that the grandfather of the defendant had on behalf of himself and his descendants executed a bond to him according to which they were to be his perpetual slaves. The judge admitted the defendent to explain his point. Sundaramurti was so much bewildered that he could not find a satisfactory answer and said that he was an Adi Saiva of the village of which the judges themselves had personal knowledge.

The judges then asked the plaintiff to prove his claim by one of three methods–usage (atci), documents (avanam), or the testimony of eye-witnesses (ayalartangaikatci). On the assurance of the court for the safety of the document, the plaintiff produced the original deed which was in the form of a roll. The Karanattan who took charge of it unrolled it and read out its contents by which the grandfather of the defendant had pledged himself and his descendants to eternal slavery to the Pittan (Siva) of Tiruennainallur. The court satisfied itself with regard to its genuineness by examining it age, contents and signatures of witnesses by comparing it with another document taken out from the record office, and known to have been written in the hand of Sundaramurti’s grandfather.
Thereupon the judges pronounced their judgement that the defendant had lost his case, and declared that he was the slave of the plaintiff. In spite of the mythological and supernatural setting in the account of this trial, it may certainly be taken to give a fair idea of the methods of judicial procedure in the Chola period, the evidences that were called in for finding out the truth in a case, and how quickly and impartially the decision was taken and judgement delivered. This particular case proves that great value was attached to documentary evidence for deciding cases. Thus evidences such as the authoritative testimony of good men, constitutional usage, documents and unbroken enjoyment were taken into account in the decision of cases.

CRIMINAL CASES

Much useful information is not available regarding the procedure in the trial of criminal cases. In fact there does not appear to have been any great distinction between the methods in the trial of civil and criminal offences. Among criminal offences were murder, arson, theft, adultery, forgery, misappro­priation of temple or public funds, etc., and the offenders were usually ostracised and declared unfit for participation in admini­strative work, as for instance, service on the village courts and it was only in cases of dissatisfaction with the decisions given in them that they were taken to the court of the king’s officer-­in-charge of the administration of the local area like the Nadu.

A few cases of murder and homicide are recorded in inscrip­tions. Once a Sudra while out on hunting missed his aim and shot a Vellala. The villagers assembled together, found the Sudra guilty of homicide (not amounting to murder) and ordered him to make an endowment of sixty-four sheep in the local temple for burning two lamps in expiation of his guilt.

A few offences were punishable with fines (Kurra-dandam). An inscription at Anjaneri gives rates of fines for the following offences. 108 Rupakas for outraging the modesty of a virgin; 32 Rupakas for adultery; 16 Rupakas for the mutilation of ear; 4 Rupakas for bruising the head and 108 Rupakas “if the merchant’s son is found to have illicit connection with the female porter and should be caught in the actual act of adultery.”

CONCLUSION

From the above description of the trial at the court of Tiruvennainallur, we learn many procedural details of trial in ancient Tamil courts. It is evident from the account of the trial that the trial and judgements were never arbitrary. In the Sangam period, the court was styled as “Aramkuru Avaiam”. Later in the period of the inscriptions, it was called as “Dharmasanam.” The institution of Aramkuru Avaiam is an excellent testimony to the high sense of justice of the Tamils. Respect for law, the fundamental right of being heard in full, and trial by impartial and fearless men learned in law – these point to a realisation of the basic importance of the rule of law, which inspired those who ruled us in the South. On the whole we gather the impression that much care was taken to administer justice to the people both by the king and by local administration.