DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

B.A., LL.B. (Hons.) Semester I (Sec. B)

HISTORY PROJECT

TOPIC

LAWS IN ANCIENT INDIA : A STUDY OF THE SMRITIS

SUBMITTED TO
Mrs. VANDANA SINGH

SUBMITTED BY
VRISHALI GUPTA I Semester Roll no. 157

ACKNOWLEDGEMENT
As a child, you acknowledged everything you accomplished, as you grow older and more sophisticated, you acknowledge only major accomplishments but an endeavor of this magnitude would not have been possible without the invaluable help and support Mrs. Vandana Singh who guided me in every possible way with this project. I want to thank my dear friends whose inputs and critique played a major role in shaping up this work. But I still fail to understand the scarcity of this page to put in the efforts of all those people who helped me and guided me through this small piece of work that I have completed. Anything that I do in my life is incomplete without the blessings of GOD who are my parents only.

TABLE OF CONTENTS
SMRITIS INTRODUCTION ANCIENT INDIAN SYSTEM-GENERAL NEED OF THE SMRITIS EVOLUTION OF THE SMRITIS GOAL OF SMRITIS SUBJECT DIVISION OF CODES OF CONDUCT NAMES OF SMRITIS BRIEF OF SOME IMPORTANT SMRITIS -MANU SMRITI -YAJNAVALKYA SMRITI
-HAREET SMRITI -ANGIRASA SMRITI -YAMI SMRITI -SAMVARTA SMRITI -KATYAYAN SMRITI -PARASHAR SMRITI -SHANKHA SMRITI -DAKSHA SMRITI -GAUTAM SMRITI -SHATATAPA SMRITI

SPIRIT OF THE SMRITIS INDIA UNDER THE RULE OF SMRITIS CONCLUSION

 BIBLIOGRAPHY

LAWS IN ANCIENT INDIA: A STUDY OF THE SMRITIS

INTRODUCTION
Smritis mean "that which has to be remembered". Unlike the Vedas which are considered of divine origin, the Smritis are of human composition which guides individuals in their daily conduct according to time and place. They list the codes and rules governing the actions of the individual, the community, society, and the nation. They are also called Dharmashastras or laws of righteous conduct.
Laws in ancient India were codified in Smritis. In the Smritis (code of law), instructions have been given regarding religious cum moral behaviour of a man, in great details. These 'Smritis' have touched nearly every important aspects of human life like conduct, behaviour, education and his duty of seeking happiness in the other world after his death by being virtuous.1

Vedas are the basic religious scriptures upon which the tradition of Indian-theism is based. These four Vedas i.e. Rigveda, Samaveda, Yajurveda and Atharvaveda contains all the knowledge of this universe and they are well preserved in it. The Vedic sages, for the benediction of human beings condensed this vast expansion of learning into cryptic form. Their pupils who were of sharp intellect memorized them as soon as these words of great knowledge were pronounced by them (sages). The experienced sages of these Vedic knowledge have transformed the Vedic principles into most practical forms in the Smritis and which they thought must be the objective of the Smritis. Even the most learned man having the knowledge of Brahma, spiritualism and philosophy gets respect from people only when he practices what he preaches otherwise his tremendous knowledge is covered by the darkness of his bad conducts. The Smriti texts have become a binding of sacred literature which includes the six Vedangas, the Ithihasas : the Mahabharata and the Ramayana, as well as, the Puranas.2

HINDU SCRIPTURES

1 2

The Indian encyclopaedia by Subodh Kapoor, Volume 2, Page 6704

Lingat, Robert. 1973. Ch. 1, pp. 9-10.

SHRUTIS(DEALING
ETERNAL PRINCIPLES)

WITH

SMRITIS(DEALING WITH CHANGING TIMES)

ITIHAS - MAHABHARATA, RAMAYANA PURANAS - 18 PURANAS SMRITIS - 18 SMRITIS (DHARMASHASTRAS) VED-UPANGA -VARIOUS DARSANS VEDANGAS - LIKE GRAMMARS, ASTROLOGY, KALPASUTRA , RITUALS. UPAVEDA - AYUR VEDA, GHANDHARV VEDA, DHANUR VEDA, STAPATHYA VEDA.

Four Vedas
RIGVEDA SAMVEDA YAJURVEDA ATHARVEDA

Smritis could be broadly classified as: Vedangas subjects required to understand various aspects of the Veda. Upavedas arts and sciences. Upangas understanding of dharma and debating it. Darsanas windows to truth.3

ANCIENT INDIAN SYSTEM - GENERAL

Some of the key dates are as follows:4
2700 BC Harappa Civilization 900 BC Mahabharata War 550 BC Composition of the Upanishads 544 BC Nirvana of Buddha 327 BC Alexanders Invasion 322 BC Rise of the Mauryas 272 BC Ashoka begins reign 145 BC Chola King Erata conquers Ceylon 320 AD Chandragupta I establishes Gupta dynasty 405 AD Chinese traveller Fa-hein travels through India 711 AD Invasion of Sind by Muhammad Bin Qasim 1001 AD Defeat of Jaipal by Sultan Mahmud

There may be some disputes about the above dates but such controversies will not affect our arguments. It is obvious that the ancient India spans a time period of about 3700 years
3 4

See, http://www.hindupedia.com/en/Smriti
Chronology Ancient India BC to 1000 AD, http://www.itihaas.com/ancient/index.html

starting from Harappa civilization and ending with defeat of Jaipal by Sultan Mahmud in 1001 AD. There is no other country that has such a long period of continuous civilizational history. One of the key characteristics of ancient India was that though there was never one ruler who ruled the complete area which was known by the name of BHARATVARSHA or ARYAVARTA, the area had an identical system of governance that remained by and large unchanged throughout the period.

NEED OF SMRITIS
Any society or civilization, can only flourish when it follows certain well laid laws or rules which govern mans conduct, and help him to maintain such manners and customs which will help to protect and preserve his culture. This is what the Smritis do- they give us clear directions on how every class or group of men should lead their lives and perform their duties. Rules are also laid down for individuals in daily life, as well as for communities and nations. They also tell us how men should conduct themselves at different ages and stages of life. The rights, privileges and duties of kings are detailed. Judicial, social issues are dealt with, as also are rituals of purification and other samskaras.

EVOLUTION OF SMRITIS
The origin and development of Smritis blossomed after the Vedas. Smritis which were created after the Vedic literature contain some serious topics as well as many preaching in simple language. As a result of this simple language common people have been able to gain knowledge about their rights and duties. It is said that a phase came after the Vedic period which could be called the Smriti period because during that period the society was governed by the rules contained in the Smritis. During that period many Smritis were created apart from the main Smritis, keeping in mind the prevalent social and environmental conditions in which there is found great diversities in the rules although the basic principles remained the same.

GOAL OF SMRITIS
The Smritis aim at outlining and giving a picture of how to live life in a way to fulfil the purpose of life, thus make life meaningful. They also aim at reflecting Vedic worldview in daily life. The functions Smritis prescribe regulate life closest to natural laws as seen in the Veda.

SUBJECT DIVISION OF CODES OF CONDUCT

The learned men of religion have tried to categorize the scriptures of code of conduct mainly into three categories. 1. Codes of Conduct (Aaachaar Samhita) 2. Codes of behaviour (Vyavahara Samhita) 3. Codes of atonement (Praayaschita Samhita) Or Codes of punishment (Danda Samhita)5 All these three aspects are very essential for a worthwhile existence of a man. If any of the aspect is absent then the all round development of a man not only gets blocked but also becomes impossible. Keeping this in mind the ancient sages of India preserved their memoirs,
5

The Indian encyclopaedia by Subodh Kapoor, Volume 21, page no.6704

their conclusions in the form of code of conduct for the welfare of mankind stressing upon the importance of religion and salvation and his continuous endeavour in that direction. CODES OF CONDUCT The first demonstration made in the Smritis is related with the right conduct of a man. The spiritual development of a man depends upon the implementation of the sixteen rites, wherein he is required to maintain his life style pure virtuous since his birth till his death by keeping away from sinful activities. Therefore for an achievement of bright future, ordinances have been made for different ceremonies and rites for different situations like conception, initiation into learning, sacred thread ceremony (yagyapavit), marriage etc which brings respectability to a man and which helps him to develop real humanity in him. Although the education on the codes of conduct as directed in the Smritis had been originally categorized on the basis of the four castes i.e. Brahmin, Kshatriya, Vaishya and Shudra and similarly on the four stages of man's life i.e. Brahmacharya (maintaining celibacy), Grihastha (a householder's life), Vaanaprastha (going to the forest) and Sanyaas (renunciaton) but today in the Kaliyuga when the caste system has deteriorated to such an extent that there is a fear of it becoming extinct is not applicable. The permission has been given in the 'Smritis' to each individual and community according to his tendency, capability and efficiency so that a man can develop physically, mentally, intellectually and the whole society moves forward on the path of virtuosity. The two of the most important duties of a Brahmin as described in the Smritis are a) Penance. b) Learning and acquiring knowledge. A Brahmin by doing a penance liberates himself from all of his sins and by acquiring knowledge, he achieves the supreme status. The areas of activities where a Brahmin is supposed to function are learning, teaching and help in the performance of Yagya. (sacrificial fire) Similarly the Kshatriyas have been ordered to rule efficiently and protect his subjects. Vaishyas have been asked to accumulate the means and the commodities so as to earn money. The Shudras have been asked to be at the service of all the above mentioned castes. The reason for such a direction being given to Shudras are because Shudras are full of dark qualities and many faults are found in them connected with physical being and mental being. For example sage Apastamba has said -

AGYAANTIMIRAANDHASYA MADDYAPAANASTASYA CHA || RUDHIRAM TEN SHUDRAANNAM VIDHIMANTRA VIVARJITAM ||6

CODES OF BEHAVIOUR : The second subject which is ascertained in the Smritis is the code of behaviour. Man being a social being comes daily into contact with various people according to his requirements. In these processes of contacts, there are times when activities are not properly conducted either because of ignorance or because of selfishness. As a result of this difference of opinions develop in the society and the atmosphere gets vitiated. To prevent this from happening the creators of Smritis have directed the kings, administrators
MEANING - Since a Shudra is brought up in the environment of ignorance and darkness, always under the influence of intoxication, hence the food of a Shudra is worth abandoning in the same way as blood is abhorred, Ancient Indian Law by Krishna Kumari,Volume II, page
6

to bring those corrupt people back to the path of virtuosity by punishing them for their crimes. According to sage Yagyavalkya, the chief deity of the king is look after the welfare and the safety of his subjects and to take appropriate measures in that regard. For this to happen he must ensure that his subjects follow the path of virtuosity and punish those wicked people who cause hindrances and obstructions in the path of virtuous people by tormenting them. And then this can happen only when the king is religious, fearless, alert, treats all as equal and keeps courtiers having such qualities too. The subjects are like children to a king, so it is his duty to look after their welfare just like a father looks after the welfare of his sons. CODE OF ATONEMENT : The third chief subject which is ascertained in the Smritis or codes of conduct in codes of atonement. It is natural for a man to commit mistakes knowingly or unknowingly for which he feels sorry later on. To undo his sins and to attain peace of mind he wants to perform some virtuous activities. The third chapter of the Smritis deals with such virtuous activities by the performance of which a man alone can atone for his sinful activities. The different forms of sinful activities and their methods of atonement are elaborated in detail in this chapter for example sin committed by lust, by anger, by ignorance and by greed. Since the initial phase of the civilization there have been provisions for royal punishment for sins and crimes committed in society. But such 'mental crimes' of which others are ignorant and only the commiter has knowledge, the Smritis have approved of mental atonement as the means to be free from his guilt consciousness. A sinner whose conscience does not allow him to rest in peace and who is always fearful of divine punishment for his sins makes his life a hell. Many Smritis have considered charity and Dakshina (giving alms) as the means for the atonement of his sins. But for the personification of penance, Sage Atri and Sage Baudhyan have considered 'Pranayam' and the chanting of various mantras as the only means for the atonement of sins.7 Smritis have bestowed upon the Brahmins the right to make judgements regarding religion and virtuosity. It has also burdened them with the severe rules of atonement in case of their committing a sin.The rules of atonement are not that severe for a person belonging to other castes. For example a Kshatriya has to atone half as compared to a Brahmin, a Vaishya has to atone one third as compared to a Brahmin and a Shudra has to atone for only one fourth as compared to a Brahmin.

THE NAMES OF SMRITIS

According to sage Yagyavalkya the following names of twenty sages have been given in his Smriti and they are also considered as the most prominent creators of the Smritis. They are: 1) Manu 2) Atri 3) Vishnu 4) Hareet 5) Yagyavalkya 6) Ushanaa 7) Yama 8) Aapasthamba 9) Samvarta 10) Katyayan 11) Parashara 12) Vyaasa 13) Shankh-Likhit 14) Daksha 15) Gautam 16) Shaataatap 17) Vashishtha 18)Devala Apart from the above other names of Smritis have also been given:8
Agastya Samhita. Rishya Shring Smriti.
7 8

Atreya Dharmashastra. Kawas Smriti.

Indradutt Smriti. Kratu Smriti.

Upa Kashyap Smriti. Gang Smriti.

Ancient Indian law by Krishna Kumari, Volume III, page Given by P.V. Kane who is the author of 'History of religious scriptures'

Chandra Smriti. Saptarishi Smriti. Paithinasi Smriti. Lall Smriti. Vabhru Smriti. Shaakal Smriti. Jamdaagni Smriti. Vaaraahi Samhita. Shunah Samhita. Saankhyayan Smriti. Kanaad Smriti.

Skanda Smriti. Lomash Smriti. Som Smriti. Vaijawaya Smriti. Marichi Smriti. Satyavrata Smriti. Gaveya Smriti. Vaamdeva Samhita. Shatyayan Samhita. Ishaan Samhita. Kaarshnajin Smriti

Shantanu Smriti. Hiranyakeshi Smriti. Naarad Smriti. Pulah Smriti. Vishweshwar Smriti. Sumantu Smriti. Rituparna Smriti. Shaurak Smriti. Shanmukh Smriti. Gaalav Smriti.

Chhagalya Smriti. Vairvaanas Smriti. Vyaaghrapada Smriti. Prahlad Smriti. Shaakaatayan Smriti. Chyavan Smriti. Kapinjal Smriti. Vaishvaanar Samhita. Sanatkumar Samhita. Jaavaal Smriti.

Some of the Smritis are discussed below: MANUSMRITI

Manu is considered a law giver in the Hindu tradition. Manu Smriti is one of the 18 Smritis. It is important to note that laws given by Manu, in Manu Smriti although followed in some form even today, are not considered divine, and may be modified by the society to keep up with the times. Indeed, it has been speculated that in its current form, Manu Smriti represents laws that have been added or modified throughout the history.
There are 2,684 verses divided into twelve chapters: CHAPTER I. The creation of the world, Caste duties and occupations CHAPTER II. Sacred rites, Initiation, The First Stage of Life: Studentship, Teacher, Father, Mother CHAPTER III. The Second Stage of Life: Householder, The Obligation to Honor Women CHAPTER IV. Becoming a Householder, Proper Means of Subsistence for a Brahmin CHAPTER V Duties of a Brahmin Householder, Various Moral Rules for all Householders CHAPTER VI. Lawful and Forbidden Foods, The Duties of Women CHAPTER VII. The Third Stage of Life: The Forest Dweller, The Fourth Stage of Life: The Wandering Ascetic (Sannyasin, Sadhu) CHAPTER VIII. The Duties of Kings CHAPTER IX. Crimes and Punishments, Assault, Battery, Trespass, Theft and Robbery, Violence in General, Adultery CHAPTER X. Duties of Husband and Wife CHAPTER XI. Castes, Mixed Castes, Occupations CHAPTER XII. Transmigration, Darkness, Activity, Goodness, Supreme Bliss.9

Some of the verses are discussed below: CHAPTER I. The great sages approached Manu, who was seated with a collected mind, and, having duly worshipped him, spoke as follows: 'Deign, divine one, to declare to us precisely and in due order the sacred laws of each of the (four chief) castes (varna) and of the intermediate ones. 'For thou, O Lord, alone knowest the purport, (i.e.) the rites, and the knowledge of the soul, (taught) in this whole ordinance of the Self-existent (Svayambhu), which is unknowable and unfathomable.'
9

See, Manu Smriti

He, whose power is measureless, being thus asked by the high-minded great sages, duly honoured them, and answered, 'Listen!'10 Some of the laws stated by him are as follows: CHAPTER II. 1.Having dwelt with a teacher during the fourth part of (a man's) life, a Brahmana shall live during the second quarter (of his existence) in his house, after he has wedded a wife. 2. A Brahmana must seek a means of subsistence which either causes no, or at least little pain (to others), and live (by that) except in times of distress. 3. For the purpose of gaining bare subsistence, let him accumulate property by (following those) irreproachable occupations (which are prescribed for) his (caste), without (unduly) fatiguing his body. 4. He may subsist by Rita (truth), and Amrita (ambrosia), or by Mrita (death) and by Pramrita (what causes many deaths); or even by (the mode) called Satyanrita (a mixture of truth and falsehood), but never by Svavritti (a dog's mode of life).11 CHAPTER III 1. A twice-born Snataka, who has thus lived according to the law in the order of householders, may, taking a firm resolution and keeping his organs in subjection, dwell in the forest, duly (observing the rules given below). 2. When a householder sees his (skin) wrinkled, and (his hair) white, and. the sons of his sons, then he may resort to the forest. 3. Abandoning all food raised by cultivation, and all his belongings, he may depart into the forest, either committing his wife to his sons, or accompanied by her. 4. Taking with him the sacred fire and the implements required for domestic (sacrifices), he may go forth from the village into the forest and reside there, duly controlling his senses.12 CHAPTER VII. 1. A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanour, together with Brahmanas and with experienced councillors. 2. There, either seated or standing, raising his right arm, without ostentation in his dress and ornaments, let him examine the business of suitors, 3. Daily (deciding) one after another (all cases) which fall under the eighteen titles (of the law) according to principles drawn from local usages. and from the Institutes of the sacred law. 4. Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, and (5) resumption of gifts, (6) Nonpayment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants, (10) Disputes regarding boundaries, (11) assault and (12) defamation, (13) theft, (14) robbery and violence, (15) adultery,(16)
10 11

Ancient Indian Law by Krishna Tiwari, Volume I , page no. 1 Ancient Indian Laws by Krishna Kumari, Volume I, page no. 12 Ancient Indian Laws by Krishna Kumari, Volume I , page

Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits.13 Manu Smriti or Manu Dharma Shastra is a treatise that deals with the social life of man.Fundamentally the Dharma Shastra contains a statement of principles of social life of man applicable at all times and in all climes, and therefore, has an universal significance; its teachings are aimed at the Homo sapiens, the human race, the manavas as a whole, and they emphasise the element of the permanent, the eternal in the life of man and society.

YAJNAVALKYA SMRITI
The Yajnavalkya Smriti has been called the "best composed" and "most homogeneous"14text of the Dharmashastra tradition. It reflects a superior vocabulary and level of sophistication in comparison to many of the other texts of its time. It was written by Sage Yajnavalkya of Mithila during the peak influence of the Gupta dynasty in India. When questioned by his students to describe all-pervading consciousness (Brahman), Yajnavalkya states Neti neti (it is not this and it is not that). In other words, all-pervading consciousness is beyond any mundane definition, encompassing all reality. It is impossible to attempt to define infinite consciousness with finite words. The Yajnavalkya Smti consists of 1,010 slokas (verses). The text is laid out as a frame story in which the sages of Mithila approach Yajnavalkya and ask him to teach them dharma. The majority of the text is then Yajnavalkya's description of dharma, divided into three subtopics: Acara (proper conduct), Vyavahara (judicial procedures) and Prayaschitta (penance).

Advances Over the Manusmti

1. Pioneered the structure which was adopted in future dharmashastric discourse: 15 a)Divided dharma into fairly equally weighted categories of:

Acara (proper conduct) Vyavahara (legal procedure) Prayaschitta (penance)

b)Sub divided these three further by specific topics within the major subject heading. 2. Added to the model of Legal Procedure: 16 Yajnavalkya portrayed evidence as hierarchical, with documents receiving the highest consideration,17 then witnesses, and finally the five types of ordeals. 3. Restructured the Court18

13 14 15 16

Ancient Indian Laws by Krishna Kumari, Volume I , page The Indian encyclopaedia by Subodh Kapoor, volume 21 , page 6001

Olivelle "Literary History" p. 21 Olivelle "Literary History" p. 21 17 In opposition to the previous focus on oral traditions. 18 Olivelle "Literary History" p. 22

Yajnavalkya distinguished between courts appointed by the king and those which were formed by communities of intermediate groups. He then portrayed these courts as a part of a system of hierarchical appeals. 4. Changed the placement of the discussion of Ascetic Orders19 Forest hermits and renouncers are discussed within the section regarding penance (prayaschitta). In previous texts, description of ascetics followed the discussion of Brahmins and framed them in opposition to householder Brahmins. The placement of ascetic orders within penance remained in subsequent texts following the general acceptance of the Yajnavalkya Smriti. 5. Focused on Moka Increased attention was given to a description of dwelling on meditation and the transience of the worldly body. There is even an in-depth technical discourse based on a medical treatise of the time.

HAREET SMRITI
Amongst all the Smritis, Hareet Smriti has a distinct significance. This Smriti comprises of seven chapters and, despite being so brief and short, it highlights the Vedic teaching in such a manner that it turns useful for the welfare of one and all. The first chapter discusses the four Varna (castes) and stages, the second chapter discusses the analysis of the four Varna and the stages to be reached. The third chapter discusses the duties while practicing celibacy, the fourth chapter discusses the life and duties of a householder, the fifth chapter discusses the life and duties of the one who goes to the forest for realization, the sixth chapter opines the concept of renunciation and the seventh chapter discusses the concept of Yoga. Acharya Hareet has also explained comprehensively the duties of a Brahmin. According to him, he is a Brahmin who has knowledge of the Shruti (Veda) and Smriti (The policies delineated by the Vedas) and who adheres to all the rules thus mentioned. Such a person is an ideal person. Hareetacharya has clearly stated that a person who is absolutely contradictory to the attributes mentioned in the scriptures, is not a pure Brahmin and giving Dakshina or donation to such a person is a sin. Hareet Muni is moderately benevolent towards the Kshatriyas. He states that even if a Kshatriya protects people, it is just enough and that the Vaishya and Shudra caste are equally respectable. Hareetacharya has explained very beautifully the amalgamation of penance and knowledge. He opines that mere penance or mere knowledge shall not accrue in anything substantial.
YATHA AEVAM . RATHO ASHWA HINASTU TAPASHCHA VIDYAA CHA TAHASHWO SANYUTAM RATHI HINA KARA BHESHAJAM BHAVET || || 20

Explaining the concept of Yoga, Rishi Hareet states that one can attain god-hood by the aid of both action and knowledge. Either of them alone is not enough. The author believes that a person can be successful if he performs all his duties properly.
DHARMASHASTRA IDAM SARVAM HAREETMUKHA NISRITAM || ADHEETYA KURUTE DHARMAM SA YAATI PARAMAM GATIM || 21
19 20

Olivelle "Literary History" p. 22

Meaning:Just as a chariot without a horse is like a horse without a charioteer i.e. both are useless, similarly, only the proper co-ordination of penance and knowledge shall accrue in the welfare of all the people like the property of a medicine, see http://www.urday.in/hareet.htm 21 Meaning: That person who understands the entire Dharma Shastra (religious principles/teachings) told by Hareeta and follows the same meticulously attains salvation,

Hareet Smriti undoubtedly is playing an important role in the lives of people today. The ultimate aim of this is to enjoy material pleasure and finally attain salvation. One can see people following the policies stated by this Smriti in present times. ANGIRASA SMRITI This Smriti highlights the four principal topics i.e. method of repentance, renunciation of indigo, method of purification, food/meals (description of). This Smriti stresses on the methods of repentance. It discusses the gravity of the sins committed and accordingly prescribes the vow to be observed. All types of cleanliness and purity are discussed here i.e. Rajaswala (women having menstrual cycle), birth and death etc. Angirasa has suggested repentance even for untouchability, killing a cow, intoxication, use of indigo etc. This text also recommends repentance for the sins, faults committed in the process of attaining the four attainments. That person who fulfills the vow carefully is emancipated from all sins.
ANTYAANAAMADI SIDDHAANNAM BHAKSHYITVA DWIJAATAYAHA CHANDRAM KRICHCHRAM TADARDHANTU BRAHMAKSHATRA VISHAMA VIDUHU ||22 ||

One becomes radiant if one donates Kashtha (wood) in the winter season as there is an inherent quality of producing fire by Kashtha. Moreover it also enhances ones knowledge and fortune. By donation fuel in winter one becomes successful in war. Sage Angirasa states that one should not partake food offered by the king as by doing so the radiance of the king is attenuated. Due to the gradual attenuation the person starts becoming unsuccessful. Sage Angirasa has even stated the sins incurred because of the use of indigo which is a novel topic not present in other Smritis. The following states the harmful effects and impurities of indigo:
SNAANAM DAANAM JAPO HOMAHA SWADHYAAYA VRITHA TASYA MAHAYAGYA NEELAVASTRASYA DHAARANAAT ||23 VAPITA YAAVAD PITRUTARPANAM ||

YATRA NEELI SYAATATVAD BHUMYASHUCHIR DWAADASH VARSHAANI ATA URDHWAM SHUCHIR

BHAVET BHAVET ||

||
24

In today's times the teachings of sage Angirasa are not fully applicable but are being followed at times partially. The prohibition of indigo is absolutely unacceptable today. Indigo is only grown now in South Africa. The impurity coveted to menstrual cycles etc. is accepted till date. Despite being small, this Smriti is very useful for mankind for preservation of righteousness.

YAMA SMRITI
The Yama Smriti is basically a very small book. The text discusses the various types of penance and also states the theoretical principles behind them. Muni Yama has explained the
see 22 Meaning : The Brahmins, Kshatriyas and Vaishyas should observe the Chandrayana, Krichra and semi- Krichra vow if they partake boiled food prepared by the following people i.e.washe, cobbler, Nata, Buruda, oarsman, Bheda and Bhilla, see http://www.urday.in/angirasa.htm 23 Meaning: By wearing blue clothes all the five religious sacrifices, holy bath, donation, name recitation, religious sacrifice, study of the Vedas and pacification of deceased ancestors become fruitless, http://www.urday.in/angirasa.htm 24 Meaning:Wherever indigo is planted, the land becomes impure for the next twelve years. After twelve years the land becomes pure again, see http://www.urday.in/angirasa.htm

types of repentance right from the beginning of the book and ahead he has thrown light on impurities due to the death of a person and touching a cadaver etc. Muni Yama has explained the code of conduct for all four Varnas or castes according to the Vedas and the Smriti. Acharya Yama has stated a method to prepare Panchagavya which is not found in any other Smriti. It states that different things should be taken from cows of different colours. The urine of a white cow, the cow dung of a black cow, the milk of a yellow cow, the curd from the milk of a light grey cow and ghee extracted from milk of a brown cow should be collected and mixed to create Panchagavya. This Panchagavya, it is said, eliminates all the great sins committed knowingly or unknowingly. Yama Muni opines that in case the cow or the Brahmin dies while giving medicines or meals, there is no need for any type of repentance. Yama Muni states that one can beget divine benefits if he drinks water from the leaf of a lotus, a copper or an earthen vessel at a holy place. One can see people following this text in order to wash away all their incurred sins. In this text all the repentance for all the sins are discussed properly. The method explained to pacify deceased ancestors is followed till date by people. The duties of the woman under going menses are also being adhered to in villages. But in cities with the upsurge of nuclear families these duties seemed to have weakened. Nevertheless the importance of this text embellished with Vedic teachings has not lost its glory.

SAMVARTA SMRITI
The Smriti authored by Muni Samvarta seems to be important in many ways. The moral protection of the societal ambience is properly discussed in this Smriti. For the purpose of human welfare, the Muni Samvarta has shed sufficient light on topics like celibacy, uncleanness, marriage of daughters, the significance of donation and related benefits, repentance for elimination of sins, repentance for killing a cow, immorality, elimination of the wicked, repentance for having eaten something not worth eating, the importance of Gayatri in repentance etc. Speaking about the significance of celibacy Rishi Samvarta says
||

SWABHAAVAADA YATRA VICHARETA KRISHNA SAARAHA SADA MRIGAHA DHARMYADESHA HA SA VIGYEYO DWIJAANAAMA DHARMA SAADHANAM ||25

Another important feature of this Smriti is the importance of donation. Acharya Samvarta opines that the donation of land, food, clothes and money is not that important as donations of fire, oblations etc. which are relatively more beneficial. Samvarta Muni states that one can attain the highest state by donating useful things PAADUKOPAANAHAO CHATRAM SHAYANANYAKSHAN VIVIDHAANI CHA YAANAANI DATVA DIVYAGATI BHAVET || 26
25

AANI

CHA

||

Meaning :That place can be considered righteous for the Brahmins who use it as an instrument to achieve divinity, where muskdeers roam freely. Muni Samvarta has considered Gayatri Mantra as the impeccable mantra for the purpose of repentance. According to him, there is no other mantra equivalent to this mantra for washing the sins committed. http://www.urday.in/samvarta.htm 26 Meaning : He becomes noble and sublime who donates seat, vehicle, bed, footwear and umbrella. Donating medicines and good nutritious food, the donor becomes healthy, happy

Samvarta Muni strictly abhors any type of intoxication as it is, in no way, appropriate for a Brahmin. It is good conduct and good deeds only that embellish a Brahmin. The repentance for intoxication is very strict and harsh. He opines that observing three Chandrayana vows is essential to eliminate the flaw or sin incurred due to intoxication. Drinking very hot wine, cow's urine, eating cow's dung, ghee and milk are other ways to repent for the sin incurred due to drinking of hard drinks. It can be construed that all the teachings of Muni Samvarta are not followed in the present days. The stipulated time for uncleanness, code of conduct, types of marriages, the code of repentance are being followed to some extent till date. The custom of donation is also adhered to according to the rules demarcated in this Smriti. The teachings of Samvartacharya are the sure stepping stones towards the four attainments (dharma, artha, kama and moksha) and moreover the doctrine perpetrated facilitates the attainment of the same.

KATYAYAN SMRITI
Among all the important Smritis, Katyayana Smriti is one which discusses things related to religious doctrines and policy and also pacifying deceased ancestors, the method of performing Yagya, Havanna Yagya and the other rituals related to religious activities.
Katyayana has classified the entire Smriti into 29 sections i.e.
1) Description of conduct. 2) Rituals to pacify deceased ancestors. 3) Description of Trividha Kriya. 4) Pacifying deceased ancestors. 5) Repetition of the method of pacifying deceased ancestors. 6) Other Karmas (rituals). 7) Description of the pipal tree. 8) The method of kindling the Yagya fire. 9) Description of the ways to perform Yagya from dawn to dusk. 10) The morning ablutions i.e. holy bath etc. 11) Method of doing Sandhya. 12) The method to pacify deceased ancestors. 13) Method of performing Panchamaha Yagya. 14) Method of performing Brahma Yagya. 15) Method of executing Yagya. 16) Determining auspicious time to please deceased ancestors. 17) Repetition of the method to pacify deceased ancestors. 18) Method of kindling the altar for marriage ceremony. 19) The duties of a woman. 20) The Vedic method of kindling the altar for the second marriage.

and is blessed with a healthy long life. http://www.urday.in/samvarta.htm

21) Rituals for performing last rites. 22) Rituals for holy bath after performing last rites. 23) Rituals for performing last rites of the person who died unnaturally. 24) Daily ablutions for cleanliness/purification. 25) Repentance for partaking food without Yagya. 26) Nava Yagya Execution. (cows, bull, horse etc) 27) Method of repentance. 28) The duty of the Brahmin and the fruits he begets thereof. 29) Repetition of the method of pacifying deceased ancestors.

According to Katyayana, the Agnihotri (one who enkindles the Yagya), is the one who leads an ideal life. The purview of the authority and right of women in the Yagya has also been discussed comprehensively by Katyayana. Katyayana opines that without a wife the Yagya is incomplete. The author of this Smriti says that if the wife expires and the man has not got a second wife, a small idol of a woman, made of Kusha (grass) or an alloy, should accompany the man during the rituals. Katyayana says that the woman can participate in the Ardhangini Yagya also. Her presence for a yagya is imperative. The making of a golden idol of Seeta by Lord Rama during the Ashwamedha Yagya espouses the cause. Katyayana says that person who does not allow his wife to participate in the Yagya becomes a woman in the next birth and the woman becomes a man. The Acharya supports women and states that only one wife (woman) is authorized to participate in such an important action like Yagya. Performing of the Yagya along with another woman while the first legitimate wife is alive, is like committing a murder. Katyayana espoused the cause of woman to such a great extent that he allowed even those women to participate in a Yagya, who have certain physical flaws and demerits. He says that if the woman is not allowed to participate in the Yagya during her life and she expires as such, then for the next three lives, the husband takes birth as the woman and the woman takes birth as the man. Katyayana says that a person does not beget fruits of the actions performed if he has not worn the thread and has not kept a strand of hair left on the tonsured head (Shikha) Before beginning any worship, the worship of Ganesha and Matruka is imperative says Katyayana.
KARMADISHU SAGANADHIPA TU PUJANIYAAHAA SARVESU PRAYATNENA PUJITAHA MATARAHA PUJAYANTI TAAHA || ||27

PARASHARA SMRITI
27

Meaning : Before the beginning of the Yagya the worship of Lord Ganesha and sixteen Matrukas should be performed. One begets everything if he performs the worship properly. It can be inferred that the Katyayana Smriti is beneficial to one and all in the Kali Yuga. These fundamental policies have left considerable influence on all the eras, see http://www.urday.in/katyayan.htm

Parashara is a Rigvedic Maharishi and author of many ancient Indian texts. Parashara was the grandson of Vasishtha, the son of Shakti-muni, and the father of Vyasa. There are several texts which give reference to Parashara as an author/speaker. Modern scholars believe that there were many individuals who used this name throughout time whereas others assert that the same Parashara taught these various texts and the time of writing them varied. The actual sage himself never wrote the texts, he was known as a traveling teacher, and the various texts attributed to him are given in reference to Parashara being the speaker to his student.
INDICATIONS OF KALI YUGA

Sage Parashara was the father of Vedvyasa. In the first chapter of this great treatise, Maharshi Vedvyasa requests his father to create such an ideologically and morally sufficient discipline that will help the people in Kali Yuga to overcome their woes.
SARVADHARMOHA KRITE JATAH SARVE NASHTAH KALAU CHAATURVARNYAM SAMAACHAARAM KINCHIT SAADHAARANAM VAD ||28 YUGE ||

Sage Parashara too was fully aware of the attenuation that religion would suffer in future on the basis of his deep knowledge, that great sage contemplated on the problems which he thought would imminently afflict the religion in Kali Yuga. Change is the only thing that remains constant in nature. Religion is also no exception to this rule. In twelve chapters, Parashara Smriti preaches its whole moral discourses. Conduct and expiation are the main subjects of contemplation here.
1. 2. 3. 4. The chapter

5. 6. 7. 8.

9. 10.

11.

12.
28

describes the conduct and do's and don'ts of all the four classes. The second chapter Parashara Smriti describes the norms to be followed by the married people of all the four classes. The third chapter considers the purification of the people from the effects of birth and death occurring in the families. The fourth chapter describes the expiation for the sins arising out of evil deeds. It regards suicide as an abhorrent crime. Even those who carry out the cremation of the person, who had committed suicide, have to expiate for their sin. The fifth chapter describes the sin related to biting by the animals and the ways to expiate this sin. The sixth chapter describes the sin involved in the killing of birds and the ways to expiate it. The seventh chapter deals with the matter of purifying water bodies. In the opinion of sage Parashar, purification of ponds etc. can be achieved thus. The eighth chapter describes the expiation for the sins committed unknowingly. It asserts that such sins should not be hidden because such a practice only adds to the sins. If a cow or an ox dies while tethering or yoking, expiation is necessary because those animals were under the honour and assisting him. The ninth chapter, sage Parashar writes about the expiation for the sin of killing a cow. The tenth hapter describes the expiation required to wash the sins of having illegal carnal relations with women other than the wife. Sage Parashar, it seems, had known that it would be a characterizing feature of Kali Yuga. The eleventh Sage Parashar has prohibited the intake of polluted food and cereals of Shudras. Provision of expiating the sins related to these two activities has therefore come into practice. In the twelfth chapter Sage Parashar has prohibited the intake of polluted food and cereals of Shudras. Provision of expiating the sins related to these two activities has

Meaning- All these religions were created in Satya Yuga and would be destroyed in Kali Yuga. Hence, kindly outline some ordinary religious norms so that all the four classes could run their lives in a religious way, see http://www.urday.in/parashar.htm

therefore

come

into

practice.

SHANKHA SMRITI
This Smriti is the creation of sage Shankh who describes about the customs and policies prevalent during 'Dwapar yuga'. It contains fourteen chapters. 1. The first chapter describes about the duties of a Brahmin, 2. The second chapter describes about the different rites and ceremonies connected with the Brahmins, 3. The third chapter elaborates the importance of celibacy (brahmacharya), 4. The fourth chapter describes about the marriage ceremony, 5. The fifth chapter gives details on the five great Mahayagyas (great oblations), laudatory remarks on the householders and importance of the guests, 6. The sixth chapter tells about Vanaprastha (householder going to forest) and renunciation, 7. The seventh chapter narrates about the signs of Pranayam and the importance of meditation, 8. The eight chapter gives details about the method of daily bath and bath for special occasions and rites, the 9. The ninth chapter tells us about the method of taking a bath, 10. The tenth chapter gives details about the methods of performing Achaman (rinsing of the mouth before religious ceremonies), 11. The eleventh chapter elaborates about the various aspects of sins. 12. The twelfth chapter describes about the methods of chanting 'gayatri' mantra 13. The thirteenth chapter elaborates the method of performing 'tarpan' (libation of water to the deceased ancestors) and 14. The fourteenth chapter which is the last chapter describes about the test of Brahmin's capabilities during Shraaddh ceremony (offering of water, food etc. to the Brahmins in honour of manes) The whole volume is full with appreciation and laudatory remarks for a householder (grihasthashram). The famous concept of 'Atithi devobhava' (Guests are like god) is described in detail. Smritis also contain elaborated investigations on the appearance and form of the soul just like the Upanishads. Further there are also descriptions about the elements of nature based on the thoughts propounded in 'Sankhya' philosophy and the importance of salvation and the means of attaining it. So it becomes clear that the Smritis give us the inspiration for the preservation of discrimination and intelligence along with the knowledge it gives regarding religious ceremonies and rituals. People of Mongolian race migrated to India and settled down on the bank of the Brahmaputra river. Shankha Smriti (13th century)helped in their absorption in Hindu Dharma.29

DAKSHA SMRITI

29

Integrated development plan for India: goal, tools, and strategies By Shanti Swarup Gupta, page 145.

Like Manu Smriti, the Smriti created by Daksha Praapati also sheds light on the contemporary Varnashram system, which was based on castes and classes present in the society. This Smriti text discusses all the spheres of human life in a very sagacious manner. In the light of the knowledge emanated humans are appropriately guided and directed and they eventually attain their goals. Basically a compilation of Vedic teachings, this has been divided into seven chapters. The first chapter discusses the caste system. The second chapter discusses the rituals to be performed in the early morning and the Vedic rituals. Third chapter discusses the merit of becoming a householder and the fruits of donation. The fourth chapter discusses the qualities of a woman. The fifth chapter discusses the concept of cleanliness, purity and uncleanness. The sixth chapter deals with life and death and the seventh chapter deals with Samadhi and philosophy of Yoga. This Smriti has vehemently explained the importance of caste and stresses that it is the only bid for imbibing the teachings of the Vedas properly. The author of this Smriti has even delineated method of repentance for the Brahmin who transgresses the code of conduct even for one day. Daksha therefore has instructed that the thread ceremony of a Brahmin boy should be carried out at the age of eight, after which he comes to be identified as a Brahmin. Daksha has opined that by the age of sixteen, he should attain the state of Purva Grihasta (pre-householder) in which he has to strictly follow the tenets of the religious doctrines.

Acharya Daksha has enumerated the flaws that accumulate after the age of eight.
UPAVITASYA DOSHO ASTI KRIYAMAANAR VIGARHATAIHI || APRAAPTA VYAHARO ASAO YAAVAT SHODASHVARSHIK ||30

Daksha's pragmatism seems to be matured. Unlike other Smritis, where donating things to a Brahmin who performs Yagya etc. only is considered right, this Smriti gives consent and espouses the fact that the greatest form of donation is to help the orphans and destitute and empowering them.

GAUTAM SMRITI
Gautam's Smriti not only contains the preaching pertaining to the duties of a man in all the four stages of his life (Varnashram), prevention of his sins and atonement for them but they are also more logical as compared to Manu Smriti. He has also described about the duties of a man during distress time and decreased the number of consecrations from sixteen to fourteen. For the benefit of the common man, the supreme jurist Gautam has described about the following in his Smritia. b. c. d. e. f. g. h.
30

Right conduct. (achar dharm) Celibacy (Brahmacharya Dharm) Duties of a householder (Grihasthya Dharm) Duties during distress time. (Apad Dharm) Description of various consecrations (Sanskar Varnan) Duties ( Kartavya Vidhan) Occupations of different castes (Jaati Vritti) Duties of the king (Raj Dharm)

Meaning : After the thread ceremony is performed at the age of eight, despicable deeds begin to breed and by the age of sixteen, the Brahmin loses his capacity to understand the Vedas. See http://www.urday.in/daksha.htm

i. Various types of impurities (Ashouch pratipadan) j. Certain time when the scripture cannot be studied (Anadhyaya) k. Atonement of sins and its methods (Chandrayan Vrata) l. Distribution of wealth among the sons (Sampatti Vibhag).31 For example in Celibacy Gautam says- " A celibate should maintain his chastity, collect fuel for fire, ask for alms, speak the truth and rinse his mouth with water before the commencement of every religious ceremony." Some of the duties of a householder, mentioned in Gautam Smriti are as follows

To show respect to the teacher. It has also been advised to show respect to the relatives of his teacher. Regarding the mode of making salutation to the superiors, Gautam says a householder should get up from his seat as soon as he sees a superior person arriving. An ascetic, father-in-law, uncle, maternal uncle etc. are all superior. Even an elder person belonging to a low caste should be given due respect.

Duties during distress- He says- " If the situation demands, Brahmin should follow the religion (duties) of a Kshatriya and, if this change has not been beneficial, he may even try to follow the occupation a Vaishya." According to sage Gautam, the eight natural qualities of a man are as follows: : " Kindness, not to be envious of other's success, not to find faults in other's qualities, purity, neutrality, good wishes for others, magnanimous and not being greedy are the eight natural self qualities of a man." According to him, a death in the family causes impurity for the members. He says- "For a Brahmin the impurity caused by death remains for ten days, for a Kshatriya, it remains for twelve days, for a Vaishya, it remains for fifteen days and for a Shudra, it remains for a month." According to Gautam Smriti there are many classes of sons and hence each of them should get appropriate share in the distribution of wealth. a. AOURAS- Legitimate child begotten by wife who is of one's own tribe. b. KSHETRAJ- Son begotten by one's wife with the help of other man than husband but by his permission. c. DATTAK- Adopted son. d. KRITIM- Artificial son who has all the qualities of an ideal son. e. GUDHA- Son born in the home but the identity of parents remains obscure. f. UPAVIDDHA- Son abandoned by his real parents but raised by foster parents. Sage Gautam says that in each of the categories, the son should get an equal share of his father's wealth. Again Sage Gautam says that a son begotten from the following should be given one fourth of the total wealth. a. KANINA :Son begotten by one's daughter out of wedlock.
31

The Indian encyclopaedia by Subodh Kapoor , Volume 8, page no.2561

b. SAHODHA: Son begotten after having sexual intercourse with a pregnant woman. c. PAOUNARBHAV: Son begotten by an abandoned wife or widow with the help of another man. d. GRANDSON: Daughter's son. e. ANAATH: An Orphan. f. KRITAK: Son begotten after paying a price. g. SAGOTRIYA:Relative of same tribe. Further sage Gautam opines that in absence of any category of the above mentioned sons. A Brahmin who has sons from his 'Kshatriya' wife should give the major share to the eldest among them. Similarly if there are sons from a Vaishya wife, the eldest son among them should be given the major share. Sage Gautam also hated and abhored injustice. He has clearly said that if a son, begotten from the wife who hailed from the same caste, is unjust in behaviour towards his parents, does not deserve to receive any share from his father's wealth. So it is quite clear that the codes formulated by sage Gautam during the era of Treta went into every detail of human life and were considered as a sacred scripture during that particular era. The preceptor Gautam has made it clear in the very beginning of his Smriti that with the due passage of time, the following of the virtues had been laxed during the creation period of the Smriti as compared to the period when Vedas were created. Although the rules and conduct specified in Gautam Smriti are somewhat similar to Manu Smriti, the former is more logical in its approach as compared to the later.32

SHATATAPA SMRITI This Smriti authored by Sage Shatatapa speaks of the Vedic teachings in six chapters. The first chapter comprises of the impersonal repentance methods, the analysis of the sign that indicate negligence towards repentance of sins incurred in the previous lives and the description of the importance of Brahmins. The second chapter comprises of the description of the method to eliminate leprosy, description of the methods to eliminate all types of sins incurred mentioned in the Samaveda, method to eliminate sin incurred due to murder. The third chapter speaks of the repentance for ailments. The fourth chapter speaks of repentance for sins incurred due to robbery and larceny. The fifth chapter throws light on the method of repentance for sin incurred due to amorousness and the last, sixth chapter discusses the fruits incurred due to bad conduct. This Smriti deals with 'Repentance' in totality. The Smriti emphasizes on the fruits begotten by knowing the sin and performing the vow, rather than not knowing the sin and performing the vow. The vow thus observed should be surrendered to God. By doing so one can be emancipated from the sins thus incurred which do not free a person for lives just as the intellect follows the jeeva (unredeemed soul). The Smriti says -

32

See http://www.india9.com/i9show/Gautam-Smriti-62590.htm

PRAYASHCHITTA VIHINAANAAMA MAHAPATAKINAAMA NARAKANTE HAVEJJANMA CHINANKITA SHARIRANAM ||33

NRINAM

||

These indicators of ailment (birth marks) are genetic in nature and continue for generations. This is a novel concept introduced by the author of this Smriti. A sin committed by a person is, thus, enough to plague all the generations to come. Acharya Shatatapa states that ailments such as tuberculosis and leprosy are the after effects of a sin committed in the previous life. Sins incurred due to intoxication lead to gastric problems, dropsy, ailments of the liver, blood etc. Eating food not worth eating and the sin incurred by the same, lead to worms in the stomach. Backbiting and criticism lead to respiratory problems. The person who robs nectar is cursed with eye ailments and a person who robs books becomes mute. Acharya Shatatapa has agreed that donation of related things can facilitate emancipation from sins. The ultimate aim of the author seems to encourage people to take up good deeds and truthfulness. For elimination of incurred sins one should perform equal amount of repentance and should also give away equal amount of donation and fee. Acharya Shatatapa states that untimely death is a result of some curse and the descendants should repent in case they desire a good state for the unredeemed soul. By this, the flaw created by the inappropriate action is washed away. In the Kali Yuga, knowingly and unknowingly, a number of sins are committed. By knowing the sins and the gravity of them one can repent for them and be freed from the ill effects. But for repentance of sins committed unknowingly daily ablutions are imperative. This Smriti also encourages a person to engage in good, noble deeds. This humility itself leads a person towards a higher state.

The Shatatapa Smriti thus makes us indifferent towards bad deeds and enlightens us about repentance.

SPIRIT OF THE SMRITI

Smriti keeps in mind that real life is not however ideal, and recommends what is best. In case of a deviation, smriti also advocates ways how one can correct himself and fall back in line. This is why, while we find smriti saying what is not to be done, it also says how to deal in cases of things happening otherwise. For instance, having said one should not have extramarital relation, it says what should be legally done in cases of such relation and offspring of such relations (such as property, inheritance). Having said a Brahmin should not drink, it explains how a drunkard should be dealt with in various situations. This shows that while outlining what is best, smriti takes into consideration all combinations in which things can happen (which are in agreement or disagreement with smriti), and explains how to deal with all those situations. Thus smriti is thoroughly founded in life and society and is not an out of the world text. Also, because of the flexibility it thus offers, it applies to all times with the fewest modifications. In fact it should be said that the modifications needed to make smriti suit any kind of times are much smaller than the level of deviation from it otherwise existent in the society (which is deviation for those times itself). 34

Meaning : The person who does not repent has to undergo a vale of sufferings in hell. As a result, he takes birth with the birth marks which indicate the ailment suffered in the previous life. The Indian encyclopaedia by Subodh Kapoor, Volume 21, page no. 6555
33 34

See, http://www.hindupedia.com/en/Smriti

INDIA UNDER THE RULE OF SMRITIS

The Smritis inter alia provided for the dutiesof Kings. This obviously implies that any king was governed by the Smritis that were drafted not by himself or by his predecessors but by bodies of intellectuals. A king was prohibited from becoming a law-maker or even interpreting the law. However after the 10th century, when the invasion of Islam led to a destruction of the famous Universities of India, some kings, as an attempt to safeguard knowledge, either took upon themselves or encouraged their ministers to take up the task of writing Commentaries and Digests of the Smritis. A commentary on the Code of Manu was written in the 11th century by Dhareshwava or King Bhoja or Dhara in Malwa. A little later, Vijnanesvara wrote his famous Mitakshara on the Smriti of Yajnavalkya under the auspices of King Vikramarka or Vikramaditya of Kalyan in Hyderabad. King Apararka of Konkan, wrote his commentary on the Yajnavalkya Smriti in the 12th century. Jimutavahana, the author of the Dayabhaga, which is as wellknown as the Mitakshara, was, according to tradition, either a very influential minister or a great judge in the court of one of the Bengal Kings. Chandesvara, the author of the Vivada Ratnakara, was the Chief Minister of a King of Mithila in the 14th century. Madhavacharya, the great Prime Minister of the Vizianagar Kings, wrote his Parasara Madhaviyam in the same century. About the same time, Vivesvarabhatta wrote his Subodhini, a commentary on the Mitakshara and a treatise named Madana Parijata under the order of King Madanapala of Kastha in Northern India who was also responsible for the recovery of the commentary of Medhatithi on Manu. Lakshmi Devi, a Queen of Mithila, caused Mitramisra to compose his Vivadachandra just about the period. In the 15th century, Vachaspatimisra, who was himself a descendant of King Harasinha Deva of Mithila, wrote the Vivadachintamani under the auspices of King Bhairavendra, a ruler of Mithila. King Pratapa Rudra Deva of Orissa wrote the Sarasvati Vilasa. Nandapandita, the author of the Dattaka Mimamsa, wrote a commentary on the Vishnu Smriti, called the Vaijayanti under the auspices of an influential chief, Kesavanayaka alias Tammasansyaka. Nilakantha, the author of the Vyavyahara Mayukha, composed it under the orders of Bhagavanta Deva, a Bundella chieftain who ruled at Bhareha, near the Jumna. Mitramisra composed his Viramitrodaya by the command of Virasinha, the ruler of Orchcha and Datia. The key points that emerge from the above account are as follows: a) As late as 15th century, no Hindu King or his minister(s) in India would dare to make any laws. b) There is no commentary or Digest that is dated before 1000 AD. Apparently when the schools were still functioning and acting as constant reference points for interpretation of the Law, it was not felt necessary to write a commentary. c) During the period that is classified as ancient in Indian history i.e. upto 1000AD Kings and their ministers had neither the power to make any Laws nor the power to interpret Laws. Surprisingly this tradition continued into the Islamic period. Islamic rulers were apparently happy to let things continue smoothly as they were going, although they destroyed the schools of learning in the name of religion. To once again quote from Maynes Even after the establishment of the Mohammadan rule in the country, the Smriti law continued to be fully recognized and enforced. Two instances will serve. In the 16th century, Dalapati wrote an encyclopaedic work on Dharmasastra called the Nrisimha-prasada. He was a minister of the Nizamshah Dynasty of Ahmednagar which ruled at Devagiri (Dowlatabad) and wrote his work, no doubt, under the auspices of the Mohammadan ruler, who is extolled in several stanzas. Todarmalla, the famous finance minister of the Mughal Emperor Akbar, compiled a very comprehensive work on civil and religious law known as Todarananda.35
35

See, http://www.samarthbharat.com/files/republic.pdf , extracted from John D. Mayne, ibid., p.2-3.

RELEVANCE OF THE SMRITIS IN TODAYS SCENARIO

MANU SMRITI
In the present Kaliyug also, prestige of Manu Smriti has been maintained. Even today, the pages of this great scripture are turned over whenever religious ways are sought in social conduct. The apparent difference seen between the human beings of today and those of the yore is basically due to changes in contemporary circumstances. Even today, many human beings are seen engaged in the occupation according to their class. The credit of this system goes entirely to Manu. It was Manu who created this great religious scripture in Satya Yuga. Various learned sages carried out suitable changes in the original text to accommodate the changes that took place during the subsequent ages and made this scripture more lenient for the interest of contemporary human beings. Religious and flourishing existence of human beings in the modern era can be regarded as a result of the policy outlined in Manu Smriti. 36

YAJNAVALKYA SMRITI
Mitakshara was written by Vijnaneshwara during the reign of Vikramarka, a Chalukya ruler of the 11th century A.D. the Mitakshara is a commentary only on the Yajnavalkya Smriti. The question therefore which arises is as to why Vijnaneshwara chose only the Yajnavalkya Smriti for his commentary. There was Manu Smriti which was held in even greater respect than Yajnavalkya Smriti, but Vijnaneshwara preferred to write his commentary on the Yajnavalkya Smriti rather than on Manu Smriti. This was due to the advances of Yajnavalkya smriti over the Manu smriti. The Mitakshara was accepted as an authoritative text on Hindu law not due to promulgation by any sovereign authority such as the King or Parliament, but due to its tremendous scholarship, logical analysis and the sheer force of intellect of its author.37

"A king is worshipped only in his own country, but a learned man is worshipped everywhere."
This is the lesson which the Mitakshara teaches us in the 21st century. If India has to rise as a nation we must not be sectarian or chauvinists but all must feel like Indians living like a united family and must respect each other, whether we come from North or South, East or West. The second importance of Vijnaneshwara's Mitakshara in India in the 21st century is the great progress it made in traditional Hindu law by making it secular. In this connection it may be mentioned that in ancient India there was not only great development in Philosophy, Mathematics and Science, but there was also great advancement in the field of law. Vijnaneshwara struck a totally new note in the development of Hindu law and made it secular. This has great importance for the 21st century when secularism is absolutely essential for the unity and progress of the nation. India is a country with tremendous diversity, innumerable religions, castes, languages, ethnic groups, cultures, etc. Hence only secularism and respect for everybody can keep the country together and make it progress. That is also the mandate of the Constitution, vide Articles 25 to 30 of the Constitution.

36 37

The Indian Encyclopedia by Subodh Kapoor, Volume 24, page 7455 See, http://www.ebc-india.com/lawyer/articles/2005_7_3.htm

Apart from the above, the Mitakshara of Vijnaneshwara liberalised the law with regard to women. This is followed even today.

PARASHAR SMRITI
It is the most benevolent for the modern Kali Yuga. Parashar has himself said:
KRITE TU MANAVO DHARMASTRETAYAAM GAUTAMO DWAPARE SHANKHALIKHITAA KALAU PARASHARAH SMRITAH SMRITAH || ||38

Meaning: Manu smriti was most relevant in Satya yuga. In Treta, smriti by Gautam had most relevance whereas in Dwapar yuga , Shankhs smriti was mostly recognised. But in the Kali yuga , it is the Parashar smriti that by and large shows the way to the ignorant people. This endorse all those ideologies of human life which are capable of improving the life of common people in the present forth age. Paradoxes are the main features of human life in Kali Yuga irrespective of region, culture and society. Other Smritis play role in todays society to an extent and influence the practices in India. They are the origin of the cultural practices in India and also guide the behaviour of human beings to an extent.

CONCLUSION
The Smritis which remind us about the Vedas are established supremely and are important historically, socially, culturally and have literary importance. It contains the ancient history of the world which is very beneficial for the human kind. These Smritis have varied from time to time. The injunctions and prohibitions of the Smritis are related to the particular social surroundings. As these surroundings and essential conditions of the Hindu society changed from time to time, new Smritis had to be compiled by the sages of different ages and different parts of India. The basic principles of Manu Smriti are valid even today not only in Hinduism but also are quite applicable to the entire human race. The rational approach adopted by Manu has been widely appreciated by scholars of East and West. They are not followed completely by the society today but the rituals performed and the customs and traditions followed do have the essence of these Smritis because the origin of the customs and traditions followed in the Indian society has its roots these Smritis.

Meaning- Manu Smriti was most relevant in Satya Yuga. In Treta, Smriti created by Gautam had most relevance whereas in Dwapar, Shankh's Smriti was mostly recognized. But in Kali Yuga, it is Parashar Smriti that by and large shows the way to the ignorant people, see http://www.urday.in/parashar.htm
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BIBLIOGRAPHY
BOOKS REFERRED TO ARE:

ANCIENT INDIAN LAW VOL I by Krishna Kumari ANCIENT INDIAN LAW VOL II by Krishna Kumari

ANCINT INDIAN LAW VOL III by Krishna Kumari THE INDIAN ENCYCLOPAEDIA by Subodh Kapoor WEBSITES REFERRED TO ARE: www.samarthbharat.com

www.urday.in www.sacred-texts.com www.hinduwebsite.com

www.indianetzone.com

www.hindupedia.com