Premium Essay

Law In Early India

Submitted By
Words 1584
Pages 7
In making an exhaustive study of the history and precepts of law in Early India, it is of primary importance to ascertain the theory of law that was prevalent and could be adopted in the process of study. A student of legal history is, however faced with many alternatives about defining "Law', some in strictly western sense, and other ways as prevalent in India or in other countries.

By laws, we mean today the rules imposed by the supreme political authority of a country and more specifically as laid in the Constitution of a country or designed by the legislature and accepted as statute. In the western conception and more so in the Austinian sense, law is presumed to have originated and been promulgated under the auspices of the supreme political …show more content…
It was a more a comprehensive concept than being merely a set of legal injunctions to be implemented verbatim. Early Jurisprudence seems to have a deeper connect with the concept of dharma which was largely the code of ethical behavior or code of righteousness pertaining to various situations one could face in life.Law and Dharma occurred as simultaneous terms but were Dharma however , was not pure law though laws were supposed to uphold the aims of dharma that is to achieve justice.And as Mm P.V. Kane had said that there is no term in English which corresponds to the meaning of dharma. Dharma can only be explained as a cosmic theory of cardinal importance that prescribed the norms of social and political behavior, according to the four fold aims of Hindu living. It was predominantly conceived by the Brahmana intellectual elite who reigned supreme in a hierarchic society fortified by attaching divine …show more content…
In the codes of Manu and Yajnavalkya, the concept of law evolved to a new stage where the monarch was seen as the upholder or fountain head of justice. The king's relation to law was considered primary, where the king was supposed to protect the subjects to maintain the status quo of varnashrama, punish the wicked and dispense justice to those wronged. Customary laws may have existed separately and did play an important role. It is only in the works of later smrti writers that law emerges in its procedural form and a systematic attempt is made to distinguish various aspects of law and judicial procedure.

In other words, Dharma was the composite of social existence that formed the basis of the emergence of legal precepts in India. Three unique features of Hindu concept of law could be probably seen as.-
1. Law existed in some form or the other (as rta or cosmic law, truth, morality or dharma) from the earliest times, independent of the political authority. There is a systematic, evolution of these legal precepts from rudiments to somewhat refined jurisprudence.
2. Law had both the legal and metaphysical aspects which came to be accepted by society at large even though innate with caste distinctions or without egalitarian notions.
3. The Hindu theory did not recognize the human role in the creation of law. Law was deemed to be perfect, divine and

Similar Documents

Premium Essay

History of India

...India, or Bharat, the fifth largest and the second populated country in the world, is one of the few countries which can boast of an ancient, deep-rooted and diverse culture, which stretches back to 5000 years. In ancient times, India was known as 'Bharata Varsha', the country of the legendary king of Puranic times called Bharat, and was believed to be a part of the island continent called 'Jambu Dvipa'. Geologically speaking, India formed part of the Gondwana land and was attached to Antarctica and Australia, before it was liberated from the Antarctica complex about 135 million years ago and started drifting towards the north and finally joining South Asia about 45 million years ago. The Siwalik foothills of the north-western Himalayas served as home to the fossil primate genus known as Ramapithecus, which lived some 14 million years ago. Researches have also found that a species resembling the Australopithecus lived in India some 2 million years ago. Some anthropologists believe that the Chotanagpur region witnessed the transformation of Homo Erectus to Homo Sapiens. This claim is based on the findings of hand axes and blades in the region of Pathalgarwa and the discovery of Harappan pottery in the nearby areas. Early Civilisations Extensive archaeological excavations carried out at Mohenjodaro in the present Pakistan in 1922 brought to light the existence of a highly sophisticated and urbanized culture known as the Harappan Civilization in India, which dominated the north-western...

Words: 3382 - Pages: 14

Premium Essay

India: a Critical Analysis on the Influences of Gender on Educational Opportunities

...INDIA: A critical analysis on the influences of gender on educational opportunities The discussion in this paper will focus on the influences being female has on educational opportunities in India. It is important to note that that there are issues for males in accessing education, particularly those from the poorest backgrounds, and that childhood and schooling differs depending on the era and location of birth as well as the culture into which you are born. However, educational opportunities in India tend to be greater for boys, especially those from wealthy backgrounds, and this should be the same for all children regardless of their class, caste, gender and socio-economic background (Gasterland, 2009). In India ‘[w]ide spread poverty and discriminatory cultural practices [particularly places] the girl child at a serious disadvantage that starts at conception and extends throughout her life’ (Kumar et al, 2007: 7).  The essay will discuss the effects of early marriage, school infrastructure, opportunity costs and safety on girls’ educational opportunities whilst considering culture, poverty and government policy. Examples from the southern state of Kerala and the northern state of Bihar will be used to try to gain an understanding of why some girls are able to access schooling; as they demonstrate vast differences in male to female pupil ratios within schools. This can be noted in the fact that in 2004/05 the southern state of Kerala had an enrolment rate in of ninety-eight...

Words: 3505 - Pages: 15

Premium Essay

Marriage Practices Within Other Cultures

...Marriage Practices within other Cultures ANT101 Jason Randall Thompson, Ph.D October 14, 2013 Marriage Practices within other Cultures Marriage is a fundamental cornerstone of human economic, social, and kinship networks Murdock (1949). Indeed, marriage as an elementary principle of human kinship systems has long been considered a central aspect of between group alliances Levi-Strauss (1949). The exchange of mates among kin groups and accompanying networks of economic exchange are widespread and arguably create the foundation of human social organization Chapais B (2008; 2010). However, considerable cultural variation around the world opens up the question of whether regulated exchange of mates across kin groups represents the ancestral form of marriage or whether it is a recently derived consequence of more intensive modes of subsistence. This question is important to answer because in some societies marriage is a nonchalant affair with limited regulation in courtship marriages with no prescriptions, while in others marriages are arranged and regulated by complex rules and prescriptions Chapais B (2008); Flinn MV, Low BS (1986). Humans lived as hunter-gatherers for most of our species’ history hence cultural variation amongst recent hunter-gatherers may be useful for reconstructing ancestral human social structure (Lee RB, DeVore I, eds; Hawkes K, O’Connell JF, Blurton-Jones NG (2001); Marlowe F, 2003). When we examine marriage practices of American, Israeli, and Pakistani...

Words: 3052 - Pages: 13

Free Essay

Inc History

...RESPONSIBLE FOR THE GROWTH OF MODERN NATIONALISM IN INDIA There are several factors responsible for the emergence of nationalism in India. 1) Economic Critique of Colonialism: An understanding that British rule in India is leading to the underdevelopment and impoverishment of the country was first articulated by Dadabhai Naoroji. He developed ‘Drain Theory’ in 1867 in which he argued that Britain is draining the wealth of India. He published Poverty and Un-British Rule in India which is a systematic critique of British colonial rule. R.C. Dutt in his Economic History of India under Early British Rule and Economic History of India in the Victorian Age made similar arguments about the exploitative character of British rule in India. M.G. Ranade published Essays on Indian Economics in 1898. Economic critique of colonialism laid foundation for nationalist movement in India. 2) Political, Administrative and Economic Unification of the Country: British rule introduced modern bureaucracy, professional civil service, unified judiciary and a uniform civil and criminal laws in India which resulted in the political unification of the country. British colonial state also introduced modern means of transport and communication such as railways, roads, electricity and telegraph which resulted in the unification of the country. Political, administrative and economic unification of the country gave a sense of unified ‘nation’ for the people of India. 3) Western Thought and Education: The spread...

Words: 2498 - Pages: 10

Premium Essay

Tort Law Case Study

...NATIONAL LAW UNIVERSITY ODISHA YEAR:2014-15 LAW OF TORTS DEVELOPMENT OF LAW OF TORTS IN INDIA AND ENGLAND NAME : AMAN RAJ SINGH BA-LLB( Hons.) BATCH OF 2014-19 GUIDED BY: PROF. B.HYDERVALI Acknowledgement For this academic endeavour, which in its pursuit has been a very insightful and fruitful project, I have many to express my gratitude to. Primarily, I would like to thank my subject professor, Professor B.Hydervali, Law of Tort, for assigning me this paper to write. Had the opportunity not come across via him, I would not have delved into this ambit of Tort Law and gained further insight into the human condition. Further, I would like to thank Mr.Rajesh Kumar Singh, my father, mentor and continual, irreplaceable support system, for sustaining my spirits and my self esteem, throughout not only this project but also life in general. For if it weren’t for him, I would always been in vain fear of failure and giving up would have become an option. Lastly, I would like to thank my wide expanse of friends and peers, each a different colour and genre in personality and each...

Words: 3152 - Pages: 13

Premium Essay

Life of Mahatma Gandhi

...and modified the Indian Independence Movement with a philosophy and strategy of non-violence and civil disobedience that proved successful finally in convincing the British to leave India. Mohandas Karamchand Gandhi was born in the town of Porbander in the state of Gujarat on 1869, his father , Karamchand Gandhi and mother, Putlibai. He had his schooling in nearby Rajkot. In 1885, Gandhi went to England and study for the bar there–with an English law degree. Gandhi’s primary concerns were those of India’s vast underclasses. He opposed the Indian caste system and worked throughout his life to alleviate the suffering of India’s desperate poor. In Bombay, a remarkable event occurred: The elders of Gandhi's caste, the Modh Banias (a merchant caste, neither as high as the priestly Brahmins nor as low as the shunned untouchables) learned of the proposed trip and objected. No member of their caste could go to England, they solemnly declared, because such a trip would inevitably involve impurity, and Hinduism could not be practiced in Europeanpe. By this point, however, Gandhi was determined to go, and so he allowed himself to be expelled from his caste. For the remainder of his life, he would be "out-caste", an appropriate condition for a man who labored hard to put an end to caste divisions in India. All obstacles now removed, Gandhi sailed for England in September of 1888. In London, Gandhi encountered theosophists, vegetarians, and others who were disenchanted not only with industrialism...

Words: 2796 - Pages: 12

Premium Essay

Sdads

...and Academic Research (SSIJMAR) Vol. 1, No. 4, November-December (ISSN 2278 – 5973) VIOLATION OF WOMEN HUMAN RIGHTS IN INDIA RITU DHANOA* * ASTT. PROFESSOR,G.G.S.C.W. SECTOR – 26, CHANDIGARH, MOBILE – 9872431166, dhanoaritu@gmail.com 1 www.ssijmar.in VIOLATION OF WOMEN HUMAN RIGHTS IN INDIA ABSTRACT: Human rights are those minimum rights which are compulsorily obtainable by every individual as he/she is a member of human family. The constitution of India also guarantees the equality of rights of men and women. However, in the sphere of women’s human rights in India, there exists a wide gulf between theory and practice. Indian society is a male dominated society where men are always assumed to be superior to society. The women in India very often have to face discrimination, injustice and dishonour. Though women in India have been given more rights as compared to men, even then the condition of women in India is miserable. The paper will throw light on the human rights of women in India and that how all the fundamental rights given to the women are being violated in India, by focussing on the various crimes done against them. The constitution of India has granted equal rights to the men and women. According to article 14 – „The State shall not deny to any person equality before law or the equal protection of laws within the territory of India‟. And Article 15 states – „State shall not discriminate against any citizen on grounds only of religion, race, caste, sex...

Words: 2993 - Pages: 12

Free Essay

Ancient India

...Ancient India The civilizations of the Indus River Valley were a very unique group for a number of reasons. As with most ancient civilizations, the social, political and economic systems were guided by religious beliefs. For ancient Indians; however, religious practice literally dictated most levels of social organization and political direction. Also, the same basic religious beliefs are still practiced today, giving researchers a deep understanding of this religious tradition. Another unique aspect of ancient India is the nature of its ruins. There are a number of urban centers that appear to be abandoned, yet not destroyed. The intact nature of these sites creates an intriguing picture of an advanced society set in the ancient world; with nuance and details usually lost to time still available for study. One of the earliest cities of ancient India is Mohenjo-Daro. Located on the Western edge of the subcontinent, Mohenjo-Daro was a walled city built along the Indus River, which was typical of the time. It was a particularly large city, with approximately 50,000 residents. For purposes of illustrating the social structure and lifestyle of early Indians, it serves as the perfect example. Constructed of mud and bricks, the city had two distinct areas; the citadel and the city proper. The citadel served as a meeting area for military operations and as a hide out for citizens during attacks. Its location on a hill, high above the town proper suggests both its importance...

Words: 1626 - Pages: 7

Premium Essay

History of Indian Sub Continent

...in a longer history. This paper offers an understanding of the part played by the Indian subcontinent role and its people in the making of the modern world. From the decline of the great empire of the Mughals and the rise of British hegemony, to the rise of nationalism, the coming of independence and partition, the consolidation of new nation states despite regional wars and conflicts, and the emergence of India as the largest democracy in the world, this paper is a comprehensive and analytical survey of the subcontinent's modern history. The dynamic and complex relationships between changing forms of political power and religious identities, economic transformations, and social and cultural change are studied in the period from 1757 to 2007. In normal circumstances students will be given 6 supervisions in groups of 1 or 2. Key themes and brief overview: The paper begins by examining the rise of British power in the context of economic developments indigenous to southern Asia; it analyses the role played by Indian polities and social groups in the expansion of the East India Company's activities. It tracks the emergence of modern intelligentsias and their definitions of what constituted proper religious, public and domestic behaviour. The paper places these changes in the context of the concurrent decline of Indian handicrafts and the impact of British revenue arrangements on rural society, and explores India's place in the...

Words: 11803 - Pages: 48

Premium Essay

Nonviolence and Social Change

...equality before the law occurring between approximately 1950 and 1980. * The Civil Rights movement of the United States began in 1954 and “ended” in 1968 Indian independence movement- a wide spectrum of political organizations, philosophies, and movements that all aimed at ending British colonial authority in South Asia Satyagraha- originally Sanskrit, loosely translates into “Soul Force”, “truth force”, or “holding on to truth” Ahimsa- the avoidance of violence * An important tenet (law) of Indian religions such as: Hinduism, Buddhism, and Jainism Barrister- a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. * Specialize in courtroom advocacy, drafting legal pleadings and giving expert legal opinions. Mahatma Gandhi Mahatma Gandhi was born on October 2nd, 1869 in Porbandar, Bombay (then apart of Presidency, British India. He was the son of the diwan or Prime Minister of the Porbander state. He married at age 13, as was custom in the region and had his first child at 15. When he was 18, Gandhi travelled to London, England to study law at University College London and to train as a barrister. Gandhi first employed civil disobedience while an expatriate lawyer in South Africa, during the resident Indian community's struggle there for civil rights. During this time, he wrote articles for Indian newspapers about black people that some modern readers consider racist. After his return to India in 1915, he organised...

Words: 575 - Pages: 3

Premium Essay

Muhammad Ali Jinnah

...in Karachi to a Gujurati family, Pakistan’s founder was among the first students of a Muslim school in Bombay which was also attended by the renown Quran translator Abudllah Yusuf Ali. Jinnah also attended the school Sind Madrassat-ul-Islam in his native Karachi. From a young age, his aspirations were clearly Islamic. When he was sent to study law in England, he chose the law school the Lincoln Inn in London because it considered Prophet Muhammad, peace and blessings be upon him, as one of the greatest law givers of the world. He became the youngest graduate at his school, completing his law degree at 18. Later, after returning to India and establishing a successful law practice, he joined the Indian National Congress and its movement to free India from British colonial rule. However, he became disenchanted with the party when Mohandas Gandhi, its leader, began brining Hindu religious language and symbolism into the movement. Jinnah felt this disempowered Muslims and slowed down the cause of freedom. In response, he quit the Congress and returned to England. The Muslim poet-philosopher Allama Muhammad Iqbal coaxed him back to India, inspiring him with the idea of Pakistan and the need to fight for the rights of Indian Muslims, who were not fairly represented in the Hindu-majority country, particularly in the areas of politics and employment. Jinnah rose to become president of the Muslim League and leader of the movement for Pakistan. His entry into Muslim politics also led...

Words: 1659 - Pages: 7

Premium Essay

Law Reporting in England and India

...History and Development of Law reporting in England and India Name: Amitav Singh Roll No. 740 Semester: 2nd History and Development of Law reporting in England and India “It is not open to the courts in India to question any principle enunciated by this Board, although they have a right of examining the facts of any case before them to see whether and how far the principle on which stress is laid, applies to the facts of the particular case. Nor it is open to them on account of “judicial dignity” or otherwise, to question its decision on any particular issue of facts” -Mata Prasad v. Nageshwar Sahai, 52 IA, 398, 417 Introduction: In England, the gradual development of the art of law reporting reflects the growth of the authority of precedent. A court is usually bound by the ratio decidendi of a case which is decided by a higher court, but in case of House of Lords and Court of Appeals they are bound by their own decisions. In several cases, such as, Scruttons, Ltd. v. Midland Silicones Ltd. it was decided...

Words: 3757 - Pages: 16

Premium Essay

Media

...history that in the early 1920’s American industries had a very different outtake on what was ethical on tolerable. During those times there were no child labor laws so children were allowed to work in order to be able to provide another source of income for the family. In today’s society we have laws and guidelines that an employer needs to follow in order to be able keep the business from being fined or closed on. Going back to the 1920’s there were no safety guidelines set so if the main provider of the family became injured then the oldest son would have to fill in, in order to keep the family with an income. Employers did not have to follow certain hours in which kids were going to be working such as in today’s society. Aside from children working long hours with no protection women did not work at all outside the house. With no women working outside of their home then we can say that there were no laws on sexual harassment against women. This was something that America was dealing with when they were trying to establish great ethics in our country. Other countries have dealt with much more than sexual harassment and child labor. The first article being reviewed for the Business Ethics across Cultures article review was about issues with Wal-Mart and China. Nearly every product that is sold in Wal-Mart stores today are made in China, which I am sure that, that was not what Sam Walton would have wanted you to believe in the late 1980’s and early 1990’s. When Mr...

Words: 1521 - Pages: 7

Premium Essay

Mahatma Gandhi

...78) New Delhi, India Cause of death Shooting Nationality Indian Mohandas Karamchand Gandhi (Hindi: मोहनदास करमचन्द गांधी; Gujarati: મોહનદાસ કરમચંદ ગાંધી; 2 October 1869 – 30 January 1948) was a leader of nationalism in British-ruled India. He is more commonly called Mahatma Gandhi;[1] mahatma is an honorific meaning "high-souled" or "venerable" in Sanskrit. He was first called this in 1914 in South Africa. He is also called Bapu in India (Gujarati endearment for "father", "papa"). He was the Martyr of the Nation since 1948. Rabindranath Tagore gave him this name.[2] Gandhi was one of the most important people involved in the movement for the independence of India. He was a non-violent activist, who led the independence movement through a non-violent protest. Early life Mohandas Karamchand Gandhi was born on October 2, 1869 in Porbandar, Gujarat, India.[3] Several members of his family worked for the government of the state. When Gandhi was 18 years old, he went to England to study law.[4] After he became a lawyer, he went to the British colony of South Africa where he experienced laws that said people with dark skin had fewer rights than people with light skin. He decided then to become a political activist, so he could help change these unfair laws. He created a powerful, non-violent movement. During Gandhi's life, India was a colony of the United Kingdom, but wanted independence. As an activist In 1930, Gandhi led the Salt March. When he returned to India, he helped cause...

Words: 549 - Pages: 3

Premium Essay

A Case Analysis on Corporate Criminal Liability

...Abbreviations RNRL- Relinace natural resources IPC- Indian Penal Code UOI- Union of India All ER - All England Law Reports (United Kingdom) CriLJ – Criminal Law Journal Table of cases 1. Lord Reid in Tesco Supermarkets Ltd. v. Natrass [1971] All ER 127 2. Zee Telefilms Ltd. v. Sahara India Co. Corporation Ltd., (2001) 3 Recent Criminal Reports 292. A. K. Khosla v. S. Venkatesan (1992) Cr.L.J. 1448 3. KalpanathRai v State (Through CBI), (1997) 8 SCC 732 4. State of Maharashtra v. Mayer Hans George,A.I.R. 1965 S.C. 722 5. Nathulal v. State of M.P., A.I.R. 1966 S.C. 43 6. MV Javali v. MahajanBorewell& Co and Ors.,AIR 1997 SC 3964 7. The Assistant Commissioner, Assessment-II, Bangalore &Ors. Vs. Velliappa Textiles, (2004) 1 Comp. L.J. 8. Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 9. Iridium India Telecom Ltd. v. Motorola Incorporated and Ors ,AIR 2011 SC 20 10. CBI v. M/s Blue-Sky Tie-up Ltd and Ors ,Crl. Appeal No(s). 950 of 2004 11. Kartick Chandra v.Harsha M. Dasi, AIR 1943 Calcutta 35 at 354; Contents Introduction 6 Corporate Criminal Liability under the Companies Act 1956 &2013 6 Doctrine of identification theory 9 Position prior to the Standard Chartered Bank Case Law 11 Standard Chartered Bank and Ors. v. Directorate of Enforcement (2005) 4 SCC 530 12 Post Standard Chartered Bank case law: 13 Conclusion 13 Bibliography 14 Introduction A company has none...

Words: 4662 - Pages: 19