MANUSMRITI

INTRODUCTION
The legal literature of ancient Indian Hinduism is divided into
three parts—the Dharmasutras, the Dharmasastras, and the
Commentaries. Manusmriti is such a book, in which the
arrangement of the entire social life of humans has been duly
described. According to Indian social and political tradition
and beliefs, Manu is considered as the first social
administrator and AdiPurush. The mention of social methods
propounded by Manu is mentioned in Manu smriti. Manu is
mentioned several times in the Rigveda and is acknowledged
as the father. It is mentioned in Manu smriti that in the
beginning of creation, Brahma created Virat Purush and
Manu was born from Virat Purush. Therefore,there are
different beliefs about Manu and Manu smriti.
ABOUT MANUSMRITI
Despite Manusmriti being the basis of Hindu religion, law and
social system, there is a lot of difference of opinion among
the scholars regarding its composition and composition
period.
The Manusmriti, or the Code of Manu, is considered one of
the most important works in the Dharmasastra tradition, the
others being the works of Vasishta, Gautama and
Yagnavalkya. Mythologically in Hinduism, Manu is considered
the father of mankind and the first lawgiver. In some texts he
is mentioned as the king and some believe that it was the
tittle that was given in ancient India.Therefore, there remains
a dispute regarding the authorship and time of composition
of Manusmriti, whether it was written by a single person or
whether the code was contributed by different jurists at
different times.
Some authors like Patrick Olivella argues that Manu first had
a copy of Kautilya's Arthashastra and that much of the legal
and procedural material was incorporated from it. He
mentions about the idea of Moksha and he further also
mentions 'Svarashtra', the friendly and enemy kingdom.
Manu also talks about war and foreign policy based on the
same fourfold and sixfold policies as Kautilya.
Four fold policies are:
a) Saam (Reconciliation),
b) Daam (price),
c) Dand (punishment),
d) Bhed (distinction).
Sixfold policies are:
a) sandhi (compromise)
b) Vigrah (enmity)
c) Yana (march)
d) Asana (readiness for attack)
e) Dwaidhi bhava (Dual soldier policy)
f) Aashray (subordinate alliance)
William Jones translated the Manu smriti into English in 1794
and it became the first Sanskrit text to be made available to
non Asians.
POLITICAL THILOSOPHY OF MANU
# Divine theory of the origin of the state
In the seventh chapter of Manusmiriti, the divine theory of
the origin of the king has been explained. According to Manu,
when fear prevailed in society due to anarchy then the Lord
created the king. The Lord created the king by combining the
eternal particles of Indra, Pawan, Yama, Surya, Agni, Varuna,
Moon and Kuber. He presented king as a deity in human
form. The protection of the subjects was considered the
primary duty of the king. He also mentioned punishing
wrongdoers as an important duty of the king, believing that
the threat of punishment was necessary to maintain social
order. The subjects were bound to pay the taxes that were
collected by the king for social welfare.
FEATURES OF STATE STRUCTURE
Manu considered the state as Saptanga, that is, the state is
organic. Like Kautilya’s theory this theory is also called
Saptanga theory because it includes seven elements. The
seven elements mentioned in Manusmriti include—
a) Swami (king)
b) Aamatya minister
c) Pur (capital)
d) Nation (state)
e) Kosh (Fund)
f) Danda (punishment)
g) Friend (associate)
In the Manusmriti version of the Saptanga doctrine, Kila and
janapada (of Arthasastra) are replaced by pura and rashtra,
i.e. capital and state. It presents the organic theory of the
state.
The king was supreme, there were ministers to assist him.
The appointment of ministers is one of the central duties of
the king. He suggested five criteria about appointment—
tradition, ability, test, fulfilment of objectives and test of
courage.
Unlike Kautilya, he suggested that the administrative role of
the king could not be fulfilled without the support of the
Brahmins. Manu also suggested that each department should
be given greater autonomy and independence. Manu
believed power tends to corrupt people. Therefore, he
suggested constant monitoring of administrative offices. He
said that the king should reflect the characteristics of various
animals like patience of heron, strength of lion, opportunistic
like wolf etc.
Like Kautilya, Manu also supported the annexation of
territories to increase influence.He believed that the king
should always be ready to use force, whenever necessary, to
protect and promote his national interests. Manu recognized
two entities at once—the king as a temporal authority and
the brahmana as a spiritual authority. According to him both
were joint custodians of the sacred laws or principles of
dharma.
LIMITATIONS OF STATE ACTIVITY
According to Manu, the meaning of government is to help
the people in the accomplishment of moral, religious, wealth
and happiness. The King was expected to provide protection
to his people from both internal and external enemies.
According to Manusmriti, the state should perform the
functions like-
All varnas to follow their duties (dharma), to follow the
common law, to maintain peace within the state and Keeping
the state free from external control.
In addition to these, states are also expected to maintain
social order. It is also within the purview of the state to
intervene to resolve a crisis or conflict between different
groups. To fulfil these duties, the king has the power to levy
taxes as well as punish those who deviate from the path of
righteousness. Whatever has been earned must be protected
and whatever has been preserved must be increased.
Whatever increase is made should be gifted to the deserving.
The policy of the Government in this regard is—
1. Acquisition
2. Security
3. Growth in various ways, and
4. Worthy (of land and money) gift.
Unlike Kautilya, expansionism was not a preferred policy for
Manu. However, he also formulated six tattvas or qualities
for diplomacy. These include—
1)Sandhi
2)Vigraha
3)Yana
4)Asana (neutrality),
5)Dvaidhibhava (the policy of dual action, making peace)
6)Sanshraya.
As it appears, these theories echo Kautilya's theory. But
themeaning and intent of Manu seemed to be different from
that of Kautilya. Kautilya aimed for a Chakravarti king who
always had extended territory and command, while Manu
believed in greater restraint in balance of power principles
and used diplomacy for this purpose. Manu argued that the
king should make peace if he sees that there is no immediate
benefit. He said that the king should opt for war only when
he is sure that we can defeat the enemy based on rational
decision
DUTIES OF THE KING
1) Executive: Being the executive head, the king had two
important duties—protection and management. The first
mentioned protection of all castes and creeds with special
reference to minors, women and the aged. The management
mainly referred to the fact that the king was expected to
maintain social order.
2) Judicial: As the judicial head of the state, it was the duty of
the king to investigate cases in the court daily, so that no one
felt that they were being denied justice. To do justice, he
should also consult Brahmins to get a religious and spiritual
dimension.
3) Legislative: The legislative functions of the king were
limited as the rules of general administration and conduct in
the society were already laid down in the ancient texts.
4) Administrative: The king was empowered to make all
appointments. He was also expected to solve any issue
related to administration without any delay no matter how
small the matter.
5) Ecclesiastical: The king appointed the chief priest and
selected other officiating priests to perform his domestic
rites and sacrifices. These priests then can provide guidance
to the king on matters related to religion and spirituality.
6) Revenue: This included fixing the rates of taxes and duties.
Manu believed that the king should have good knowledge
about finance. They should always try to control inflation.He
was also advised to rationalize the rates of taxes and to take
care of the public during difficult times.
7) Army: Manu believed that the king, being the supreme
commander, had the responsibility to be exemplary and lead
the army efficiently. He should fight with bravery and honor.
Good soldiers should be rewarded openly, thereby inspiring
others. Special attention should be paid to the elephants,
horses, and chariots in the army as the outcome of the
battles depends a lot on them.
8) Enlightened: Manu referred the king as a promoter of
education and culture. He was suggested to respect the
brahmins as they were the truly enlightened ones.
MANU ON KING
Manu unlike the western thinkers did not support the
autocracy of the king. Manu placed the king under Dharma
and emphasized that the king should always protect his
subjects. The training of the the king would not allow a king
to act arbitrarily or like an absolute monarch. The king is
advised to consult the ministers as well as the Brahmins
before taking any decision. This is done to maintain
accountability of the king as well as to see that he does not
make arbitrary decisions. He gave wide powers to the king to
use Danda to maintain the issues of society and to uphold the
principles of righteousness. But king had to be very careful
not to misuse the power given to him. So Manu suggested
that the king should be a man of high morality.
SOCIAL PHILOSOPHY OF MANU
# SOCIAL LAWS
Social order and social conduct were central themes in the
Manusmriti and it focused on the aspect of 'sociality'.
According to the Manu,it was one of the primary duties of
the king to protect and promote a stable social order based
on the principles of Dharma. He considered the Vedas to be
the source of all religions and firmlybelieved in its infallibility.
Any person who does not act according to dharma is
condemned and is supposed to be punished. Dharma
according to Manu is also contextual and focused in different
ages. For example,
In Sat yuga, asceticism was given primacy
In Treta yuga, knowledge was given primacy
In Dwapara yuga, yajna was given primacy
In Kali yuga, charity (gift) is the highest form of dharma.
According to Manu the purpose of religion is the broad
common good of all and can be discarded if the principles are
in conflict with social welfare. The law code established by
Manu is still a basis of Hindu religion, under which a
description has been given from the origin of the state to the
duties of the king, the principle of justice and punishment,
the varna system and relations with foreign countries.
# CONCEPTION OF JUSTICE
The judicial system has been described in detail in
Manusmriti. Manu believed that there are mainly two
reasons for conflict-
1) Dispute arising due to violence or crime
2) Dispute arising due to land and wealth
The work of justice is the responsibility of the king as
mentioned in Manusmriti, but if the king does not control the
work of justice, then he should appoint a learned Brahmin as
a judge to do the work of justice. Judges should decide all
disputes impartially and neutrally. Regarding the qualification
of a judge, Manu says that only a Brahmin is eligible to be a
judge, in any case a Shudra should not be made a judge.
The evidence to be presented in disputes is divided into two
parts in Manusmriti
1) Human proof
2) Divine salutation.
Manu has written that the evidence written by the judges
should be given more importance, but the writings written by
force should be invalidated. One should not believe the
statements of enemies, sanyasis, and lepers. There should be
a provision of oath before the evidence and there should be
strict punishment for those who give false evidence. Evidence
should be taken from women in the case of women.
Manu considers punishment very important in the judicial
process. According to Manu, punishment is the king because
punishment gives the power to rule. The king should arrange
just punishment in the state. Four types of Punishment
described by Manu are –
1) Dhigdand
2) Vagdand
3) Dhandand
4) Vhaddand
# VARNA SYSTEM
The functional division of society into four varnas and the
arrangement of human life into four ashrams are at the core
of the Manusmriti. Following the Dharma sutras, Manu
argued that Brahma deva created different varnas from
different parts of his body they are –
1) Brahmins were born from the mouth
2) Kshatriyas from the arms
3) Vaishyas from the thighs
4) Shudras from the feet
The myth was also used to propose a form of divine
legitimacy to the system. He claimed that this differentiation
also indicates the functional division of society. This
functional division was based on the birth of a person in a
particular varna and there was no possibility of mobility. This
contrasted with the idea of varnas during the Vedic period,
with inter-varna mobility possible based on merit
Unfortunately for Manu, the determinant of this criterion
was one's birth, not merit. Brahmins were virtuous and
meant to impart knowledge. Kshatriyas were dedicated to
protecting and providing security to others. Vaishyas were
dedicated to the tasks of producing goods and services. And
the Shudras were there to render service to the people.
This division of labor is hierarchically placed according to
social function, whereby the Brahmins are said to occupy the
most prestigious position in the descending order of the
hierarchy.
Brahmins were considered superior to other people because
they were pure in character, virtuous and well-educated in
the Vedas and therefore possessed complete knowledge of
Dharma.
Kshatriyas were placed second in the hierarchy because they
had a sense of duty to provide protection to others but were
not devoid of personal interests and ambitions.
Vaishyas were ruled by profit motive and guided by desires
and selfishness.
Shudras - Manu framed very strict codes to control the
conduct of the Shudras. If a Shudra insulted a person of a
higher caste, his tongue could be cut off. If he abused the
upper caste, a ten finger long red-hot nail could be put in his
mouth and various other inhumane practices were
mentioned in manusmriti.
The hierarchy is strictly in favor of the Brahmins and there
are many exceptions and immunities for their privileges.
Shudras are not only condemned, but also forbidden from
any respectable enterprise. Inter-cuisine and inter-caste
marriages are strictly prohibited. Manusmriti is very strict
about this functional division of society.
# ASHRAMA DHARMA
Ashrama dharma is also an essential feature of ancient Indian
thought. It is a structure that was considered important to
lead a balanced life between materialistic pleasures and the
joy of spirituality. This system was essentially designed to be
followed by the upper castes, which included all varnas other
than the Shudras. It consists of four divisions—
1) Brahmacharya Ashrama
The brahmacharya ashrama is the first stage of one's life and
extends until the age of 25, where the individual is expected
to live away from family and dedicate this stage to learning.
The individual is governed by disciplinary rules, which are
followed based on the guidance of the ashram teacher and
must be devoid of any physical or materialistic pleasures in
this stage.The whole focus is on gathering knowledge and
wisdom.
2) Grihastha Ashrama
It occurs from the age of 25 to 50 years. During this period
the individual is expected to marry and contribute to society
by producing and raising children. He is allowed to enjoy
materialistic pleasures and perform all his duties related to
his family and society with a sense of dedication. He
prepared a detailed list of different forms of marriages
thatwere considered valid during his period, which included
Brahma Vivah, Deva Vivah, Asura Vivah, Gandharva Vivah,
Rakshasa Vivah, PaisachVivah etc.
3) Vanaprastha Ashrama
After 50 years came the stage of Vanaprastha Ashram which
continued for next 25 years where the man transfers all his
duties and responsibilities to his son and prepares for the last
stage of life with wife. Here they are expected to perform
religious duties and engage in spirituality. Their food and
clothing are simple, and they renounce all kinds of worldly
pleasures.
4) Sannyasa Ashrama
Before entering this stage, he is expected to clear all his
debts and satisfactorily fulfil all his duties related to his
forefathers, parents, family and society. The goal of this stage
is to attain Moksha and he must participate in this journey
alone. In this state he had to renounce everything and move
towards solitude free from all ties and worldly affairs.
MANU ON WOMEN AND THEIR DUTIES
It is mentioned in Manusmriti that husband and wife should
have equal status and there should be a feeling of mutual
satisfaction and happiness between them. According to
Manusmriti Women are not less in any way but because they
are not so physically capable it becomes the duty of their
fathers, husbands, and sons to provide protection to them at
different stages of life.
It is believed as per Manusmriti that it is the nature of
women to seduce men as per the social laws for women and
therefore it is advised that wise men should be cautious in
their institution, as the women have the ability to enslave.
There are strict codes preventing menstruating women from
participating in any auspicious occasion, as they were
considered impure. Recurrence of gender and caste issues
can also be seen in some codes. Therefore, it is suggested
that when a person from a higher caste marries a Shudra
woman it leads to the downfall of the entire family as all the
demerits of the Shudra caste are transferred to the next
generation. Any offering made by such men is neither
accepted by the deities nor the holy spirits.
The codes are even stricter for married women. It is said that
even if men lack virtues or are devoid of any good quality,
women should worship them and serve them, as this is the
only way to their salvation. Her only chance to go to heaven
depended on how much she obeys and pleases her husband.
Giving birth to a male child isconsidered very important for
women and if he is not able to produce a male child then the
husband is advised to marry another. Once a widow she had
to lead an isolated life with a diet consisting only of flowers,
vegetable roots and fruits. Strict codes govern every aspect
of women's lives.
In the modern view as argued by many feminists. The
Manusmriti supports the view that women are merely male
child-producing machines and that their role is limited to
rearing children, meeting the needs of their families, and
keeping their husbands happy.
CONCLUSION
Manu was the first such thinker in ancient Indian political
thought, who put an end to anarchy and laid stress on the
establishment of a systematic governance system. Manu
chained the rules of human life by which a good life can be
led. Manu's idea regarding the king is original. It is said that
the “The rules propounded by the tradition of Manusmriti
have special importance in the Indian social system.”