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Class notes History sem 1- Module II

The document outlines the historical development of Vedic literature, the Varna system, and the evolution of legal practices in ancient India, particularly during the Mauryan period. It discusses the concepts of Dharma, the role of kings in upholding justice, and the establishment of guild courts for dispute resolution among artisans and merchants. Additionally, it highlights the significance of various legal texts and the structure of the justice system, including the distinction between civil and criminal courts.

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12 views

Class notes History sem 1- Module II

The document outlines the historical development of Vedic literature, the Varna system, and the evolution of legal practices in ancient India, particularly during the Mauryan period. It discusses the concepts of Dharma, the role of kings in upholding justice, and the establishment of guild courts for dispute resolution among artisans and merchants. Additionally, it highlights the significance of various legal texts and the structure of the justice system, including the distinction between civil and criminal courts.

Uploaded by

jayeshsingh2855
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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History

Prof. Rachna Sharma- Module II

Date: 10/08/2023

● Vedas- 4

● Shruti- given by God

● Shastra- books

● Sutra- thread

● Kalpa Sutra
a. Srauta Sutras- focused on Vedic sacrifices and the history of religion
b. Grihya Sutras- domestic rituals
c. Dharamsutras- human conduct and relationship of man with the state

● Varna system (earlier there was mobility)- later Vedic period came to be known
as Varnasharam

● Dharamsutras when re-written came to be known as Dharmashastra (it is legal


literature)

● Dharma (conduct, duty)+ shastra (book)

● Dharma comes from the Sanskrit word ‘Dhr’ meaning ‘to uphold’.
2

● If the king doesn’t perform his dharma, there would be Matsya nyaya, i.e., rule of
the fish- bigger fish will eat up the smaller fish which means that the higher-ups
will exploit the poor people

Date: 22/07/2023
● Shruti (ultimate) over Smritis

● Dharma:

○ sacred law

i. source of law- as society evolved

○ to uphold itself

○ moral law

○ cosmic order through which Gods

● Dharma- synonymous to righteousness and duties

● Dharma Raj/ Raj dharma- duties of the king

○ welfare of people

○ administration of justice

○ maintain social order

● Dharma Raj→ ‘Lord of Death’→ Yama Raj

● Smriti Kar emphasise that is ‘dand’ is there, everyone will be disciplined and there
will be perfect social order

● It is written is smritis that- if the king does not uphold his duty, he will go to hell or
face consequences like King Nriga (reform as fish)

Rigvedic Period → Sangha and Smriti


3

● Justice system in process


● There were panchayats that decided cases keeping in view the severity of the
crime
● Central administration- king→ fountain of justice
● Then there was a need (as society becomes more complex) for jury and then king
● Only death with criminal matters against the state

Karma-

➔ What goes around, comes around


➔ If you do good, you are blessed

● Ancient India preferred a bench of judges over a single judge


● Kautilya wrote there should be a bench of 3 judges for every 10 villages
● Manu wrote about a bench of 3 judges- 1 chief and 2 assistants
★ Mrcchakatika by Shudraka- also called ‘The little clay cart’
● Adhivarika (chief judge) → Shreshtan, Karastta (ask ujayara)
○ There were guilds and laws and regulations made by them which were
followed by king but there could be intervention
● Mauryan Period- this was the first time there was a clear demarcation between
criminal and civil court
○ Civil court was called ‘Dharmasthia’
○ Criminal court was called ‘Kantakasodhan’- (Short Question)
○ These courts could use torture to take out confessions

Date: 23/07/2023
Mauryan period-

● There were also guild courts- group of people following a specific occupation
○ Guild courts- shrenis, pugas, sanghas
4

○ Guild courts were independent unless the members felt that the decision
is not right
★ PANINI- great philologist, scholar, grammarian

❖ Guild Courts-

(can be a 5 marks question- what are guild courts? What are their functions and who
could join them?)

The organisation of guilds started during the end of the Vedic period. Panini refers to
gaana, pugars (?), shrenis and sanghas. The artisans, craftsmen and merchants founded
their own cooperations for the purpose of economic activity, the object being to gain
wealth by pursuing their own profession. There were guilds in every important town
embracing all trades and industries, arts and crafts. These guilds had their own rules and
regulations called shreni dharmas which were binding on their members. The
dharmashastras recognised the validity of the laws and customs established by the guilds.
Manu, Yojnavalhya and Narad invest the customs of the shrenis and other such bodies
with legal authority. They functioned as courts to settle disputes amongst its members
according to the laws of the profession. The laws of the guild were upheld by the king
and its members. Although the state recongnised the judicial right of the guild over its
members, it did not forsake its obligation towards them as its members. Brahaspati
requires the king to interfere in cases where heads of the guild influenced by hatred try
to injure a single member and punish them. These guilds were not followed to exercise
their power like autocrats and were ultimately responsible to the state.

Date: 23/07/2023
REFER TO THE TRIAL (WHATSAPP NOTES)

● Trial recorded by lekhaka (writer)


● Legally entertainable crime- must not be vague
5

● Human evidence (witnesses, documents, possessions) and divine evidence


(ordeals- agnipariksha)
● Manu is a smritikar (there were other smritikars as well)
● Brahmins could not be given death sentences but Carudatt was
● WITNESS: someone who gives testimony and was present in the scene
● JURISTS: person who is learned in law
● SMRITIKAR: one who makes the laws
● NIRMAYA: verdict

Date: 23/07/2023
KANTAKSODHAN (important question)- criminal courts in Mauryan era

Kantaksodhan was in the nature of the doctrine of police power. The king in order to
regulate the liberties of its people and to ensure the peaceful enjoyment of their rights
was obliged under the Doctrine of Kantaksodhan to remove all such impediments/
obstacles which were injurious to the peaceful enjoyment of the rights of people or to
root out all such anti-social elements which acted against the established social order. In
fact, the concept of administration of criminal justice went hand in hand with the police
jurisdiction and the one completed the other one. There are detailed instructions in the
Arthshastra for investigating cases of homicide and suicide. This reveals the high-level od
culture and civilization which was attained during the time period of Mauryas.

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