Manusmriti and Dharma| PSIR Optional for UPSC

• According to Indian traditions, Manu is manasaputra of Bramha (originator of the universe). He is the first law-giver, and he has told what is dharma of different varnas.

Introduction

• The Manusmriti is also known as the Manava-Dharmasastra or Laws of Manu.
• Manusmriti, belonged to the tradition of dharmashastra. It is believed to be the first ancient legal text and constitution among all Dharmasastras.
• It was one of the first Sanskrit texts to be translated into English in 1776, by British philologist Sir William Jones.
• It was used to construct the Hindu law code for the East India Company administered enclaves.

Manu’s ideas related to dharma

• The Manu-smriti prescribes to Hindus their dharma—i.e., that the set of obligations incumbent on each as a member of one of the four social classes (varnas) and engaged in one of the four stages of life (ashramas).
• Manu emphasized on the ‘principle of Dharma to implement the principle of justice’.
• He was an ardent believer of Justice and Dharma.

Components of dharma as per Manusmriti

• Purusharthas: These are four goals of life: dharma, artha, kama, moksa. These four purusharthas view life in a comprehensive sense, i.e. from the material to sensual pleasures. Hence these represent a balanced way of life.
• Ashrams: These are the different stages of life. There are specific goals in each stage. These are: Bramhacarya ashram, grihastha ashram, vanaprastha ashram, sanyas ashram.
• Varnas: Hindu society was divided into chatur-varna system of social and economic hierarchy, i.e. brahmin, kshatriya, vaisya, shudra. Each varna has to follow their dharma, i.e. the varna based economic division of labour and duties.
• Sanskar: There are sixteen essential rituals in Hinduism. These starts from garbhadhana samskara and ends with antyeshthi sanskar.

Justification of inequality

1. Social Justice

• Manu did not believe in equal treatment for members of all the classes, or in the equality of all human beings.
• To Manu, the Brahmins are superior human beings who deserve special treatment. As per him, “The Brahmin is declared to be the creator of the world, the punisher, the teacher, and a benefactor.”
• Even the kings are not permitted to show disrespect to the Brahmin.
• K.P. Jayaswal views that the theory of the divinity of the king was advanced by Manusmriti to support the Brahmin empire of Pusyamitra, and to counteract the Buddhist theory of the origin of the state by contract.
• V.R. Mehta is of the view that Vaishaya Varna is least preferred for manuscript because Vaishaya always seeks their own profit rather than working for well-being of others.
• V.R. Mehta also views that there are two contradictory features manuscript. On the one hand, Varna is based on birth, but on the other hand, it shows Varna is based on the Karma (Deeds).

2. Gender Justice

• In Dharmashastra, it is written that ‘God lived there wherever women are worshiped’.
• However, the public role of women is not permitted. Society appears patriarchal.
• Manu also says that women should be kept under the regulation of men. In childhood - under regulation of father, an adult lady - under control of husband, in old age - under control of son.

3. Varna System

• Manu viewed that caste system formed an essential part in ancient Hindu society.
• Varna system would preserve the social harmony of the society.
• He viewed that the king came into existence to protect the Varna system and any failure on the part of the ruler would make him unworthy ruler.

Manu’s Political Ideology

Manu’s Conception of Kingship:

• Manu treats the king as a divine creation. According to him, this institution was created by God for the protection of the people against insecurity.
• In order to ensure social harmony and promote people’s welfare, the state should be governed by selfless and enlightened Yogi King, who would uphold principles of Dharma.
• The king possesses unique qualities of all the major God- Indra, Vayu, Yama, Kuber, Agni, Varuna and Chandra. Thus, king is considered as embodiment of God on earth.
• Any disobedience or betrayal to king’s order will be considered as betrayal to God.
• The king is neither allowed to create new rules nor to change the existing principles of Dharma. He is only expected to uphold and preserve it.
• According to Manu, everyone doesn't possess the qualities of king. Thus, here he has openly supported monarchical form of governance, instead of democratic ruler.
• Lord Brahma, the creator, decided to give the King the duty to maintain law and order and punish those who encroached upon the rights of others.
• When individuals are swayed by evil tendencies, they violate the principles of Dharma. Dandaniti controls the evil tendencies of humans. According to Manu, King is symbol of Danda created by God in order to save the world from anarchy and evils.
• The king was bound to deliver duties. This included protection of subjects, providing security, maintaining the law and order, and the dispensation of justice.
• Manu did not disapprove the wars. He sees wars necessary for expansion and protection of territory. However, as per Manu, the king should use force only as a last resort. The king should use it to protect his kingdom and also to destroy its opponents.
• Manu also wants the king to perform certain social welfare functions. e.g. looking after the helpless and needy such as the poor, the sick, the old aged, widows, childless women etv.
• Manu specified certain things which the king should avoid. E.g. drinking, dice, woman, hunting, gambling, violence, seizure of property etc.
• If the king refuses to obey the dictates of Dharma, he should be doomed along with his family and will be denied Moksha. Hence, Manu’s view of kingship departs from western views where monarchy is considered as ‘Agent of God’ and believes in principles of ‘king can do no wrong’.
• In words of Dr. D.R. Bhandarkar, “For the first time, we find a trace of the real divine origin of the kingship similar to that propounded by the western thinkers.”

Political expediency

• Again Manu was also seen combining the principle of righteousness with political expediency.

Manu's ideas on Political Administration

• The king should appoint seven or eight ministers taking into account the principles of hereditary and virtues of courage and wisdom.
• Besides appointment of ministers, the king must also appoint ambassadors to other states so that the king remains informed about the activities of the other states.
• Manu also has given guidelines which the king needs to follow while collecting revenues, organizing local government, maintaining army and appointing civil servant.

Manu’s Views on Danda and Justice

• According to Manu, harmony and order in a state are possible only if the element of punishment or Danda is made an integral part in running the administration.
• Manu wanted the king to use punishment and force at an appropriate time for the good of the community and not use it for the promotion of his personal interest.

Judicial system and justice

• He suggested that justice should be based on dharma or righteousness.
• He claimed that a king cannot rule without justice.
• He believed that a good ruler would always ensure quick and cheap justice to the needy and those who deserve it.
• He emphasized on reformatory theory in punishment rather than retaliatory.
• He expected the king to be well-versed in Dharma Shastras and other literature for the proper pronouncement of justice as per the well-established customs and practices.
• Manu also clarified that if a wrong judgment is given, it must be reversed.
• He also suggested corporal punishment and fines.

On taxation

• According to Manu the system of Taxation should be such as to enhance the nation's wealth.
• He also empowered the king the right to collect taxes for providing protection to the people. Thus, taxation was linked to wage theory.
• He also mentioned very clearly that the tax must be collected from both land as well as cattle.
• He fixed the percentage of tax on land, and cattle as not less than 25 percent and 20 percent, respectively.
• Manu advised the king that taxes should be levied keeping in view the capacity of the subjects and their occupation.
• According to him the king is entitled to 1/50th of gold ,1/6th of crop and 1/12th of commerce.

Criticism

• The Manu Smriti is one of the most heavily criticized of the scriptures of Hinduism, having been attacked by colonial scholars, modern liberals, Hindu reformists, Dalit advocates, feminists, and Marxists.
• Much of its criticism stems from its unknown authority, as some believe the text to be authoritative, but others do not.
• There is also debate over whether the text has suffered from later interpolations of verses.
• The law in Manu Smriti also appears to be overtly positive towards the brahmin (priest) caste in terms of concessions made in fines and punishments.
• The stance of the Manu Smriti about women has also been debated.

Evaluation

• The Manu Smriti is written with a focus on the "should" of dharma rather than on the actuality of everyday practice in India at the time.
• Still, its practical application should not be underestimated.
• Through intermediate forces, such as the instruction of scholars, the teachings did indeed have indirect effects on major segments of the Indian population.
• It is also an invaluable point of common reference in scholarly debates.
• It seems likely that the book was written in a manner which was very mindful of the dangers facing the Brahmin community during a time of much change and social upheaval.
• The principal objectives of Manusmriti seems to be generalize and systematize the rules of conduct that had come over from previous “ages” for the purpose of reconstructing or reorganizing the hindu society.
• It is considered to be the most authoritative text of human religious, social and political organization.