Jamia Millia Islamia

(A Central University)
 Faculty of Law
HISTORY PROJECT

“STATE, LAW & SOCIETY UNDER MANUSMRITI”

Submitted By:
Submitted To:
Rishu Kumar Singh
Gulrukh Khan
B.A.LL.B (Hons.) 2nd Semester(SF)
Roll No: 46
2
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 INDEX

ACKNOWLEDGMENT..........................................................................................................3

INTRODUCTION....................................................................................................................4

STATE UNDER MANUSMRITI...........................................................................................6

LAW UNDER MANUSMRITI...............................................................................................8

THE STRUCTURE OF PUNISHMENT.............................................................................12

SOCIETY UNDER MANUSMRITI....................................................................................15

BIBLIOGRAPHY..................................................................................................................20
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 ACKNOWLEDGMENT

I would like to express my special thanks of gratitude to my teacher Dr. Gulrukh Khan who

gave me the golden opportunity to do this wonderful project on the topic “STATE, LAW &

SOCIETY UNDER MANUSMRITI”, which also helped me in doing a lot of Research and

I came to know about so many new things I am really thankful to them.

Secondly, I would also like to thank my parents and friends who helped me a lot in finalizing

this project within the limited time frame.

Thanking You.
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 INTRODUCTION

Manusmriti, translated as "The Laws of Manu" or "The Institutions of Manu," is the most

important and authoritative Hindu Law Book (Dharmashastra), which served as a

foundational work on Hindu law and jurisprudence in ancient India at least 1500 years. Until

the modern times, it was the standard reference for adjudicating civil and criminal cases by

both the rulers who patronized Vedic faith and the people who practiced Hinduism. Hinduism

has many law books. Of them, Manusmriti is certainly the most popular and authoritative

work.Manu in Hindu tradition is considered to be the first of Brahma's sons and a progenitor

of human race. Therefore, it is difficult to determine the age of Manusmriti. The laws of

Manu might have been known to the Vedic people for a long time before they were codified

into their present form sometime during the post Vedic period. The work that we have today

as Manusmriti might have reached its final form through the contribution of many by 200

CE.The people of ancient India believed in the order and regularity of the world as the

manifestation of God's will and intent, and the clear victory of the divine forces over the

demonic. Hence, the laws governing the conduct of individuals and the order and regularity

of Hindu society were formulated by many scholars and sages in ancient India since the

earliest times. Their works are today available to us as 18 Dharmashastras, of which the work

of Manu (Manusmriti) is considered the most important and widely used. Unlike the Vedas,

the Hindu Law Books fall into the category of intellectual or scholarly works (smritis). 1 They

are distilled and codified through observation, experience, analysis, and the study of the

Vedas, keeping in view the best interests of the humanity and society. Hence, they are not

entirely without the flaws of humans. They are also not free from caste or racial bias. Hence,
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they are vulnerable to criticism from the modern standpoint.Manusmriti projects an ideal
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society and ideal human conduct as the basis to establish an orderly society and divine

centered life. To promote those ideals and enforce divine will, it proposes numerous laws to

minutely govern human life and conduct as applicable to each individual according to her or

1
Ancient India and MANUSMRITI, available
at:https://shodhganga.inflibnet.ac.in/bitstream/10603/31776/9/09_cha%5Bter%203.pdf
his social class, duties and responsibilities. Their purpose is to inculcate discipline, provide a

basis for the rulers to enforce lawful conduct, and ensure the orderly progression of the world

through righteous conduct and observation of obligatory duties by individuals who have

chosen for themselves the life of a householder, or that of a renunciant. The power to enforce

the laws is carefullydistributed among the rulers and the guardians of society who assist him

in decision making. Manusmriti recognizes the corrupting and deluding influence of power

over the mind and cautions the kings to exercise their judgment with great care to avoid sinful

karma and harmful consequences for themselves and for the world.The laws that were

proposed by Manu to govern human conduct and society reflect the conditions, needs and

values of the times in which they were formulated. Most of them do not fit into the present

day value system. They acknowledge prevailing social and gender inequalities as natural

conditions of human existence, and propose laws to govern the behavior of individuals

without providing scope for any changes that time may bring in the conditions of society or

the lives of people. Hence, today you may find many laws of Manu archaic, outdated, and

even primitive. The laws favor a paternalistic society and family system, vesting the authority

to regulate them with men, and proposing rather a subordinate status and subservient role to

women.2 They also betray a clear lack of trust in the integrity and sexual choices of women,

thereby suggesting that they should always be guarded by men and should never be left alone
in the presence of men outside their families. At the same time, they donot ignore or

undermine the role of women in family and domestic matters, and urge men to treat them

with honor and respect and not let them suffer.

The British who ruled India used Manusmriti as the standard to settle disputes among Hindus
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with regard to matters of inheritance, family disputes, marriage, and royal succession. Some

Hindu scholars believe that the British found in the Manusmriti a useful tool to promote their

interests or perpetuate the social divide among the Hindus to consolidate their power. There

is also a criticism that for a long time Manusmriti served the interests of privileged classes
2
Charles J. Naegele, Ancient History of India Manusmrti Revisited (D.K. Printworld (P) Ltd., New Delhi, 1 st
edn., 2011).
and justified the oppression of women and the lower castes, as they prescribed unequal laws

for different castes based upon their status in society.

Manusmriti acknowledges and justifies the caste system as the basis of order and regularity of

society. It clearly recognizes four classes of people (Brahmanas, Kshatriyas, Vaisyas and

Sudras), and their respective roles in the preservation of dharma. Brahmanas and Kshatriyas

are given many privileges and greater leniency in matters of punishment for misconduct,

while Sudras are given the least number of privileges but the harshest of punishments even

for minor misdemeanors. It is difficult to apply the laws of Manu in today’s world since the

conditions that exist now are very different from those when they were formally codified. For

example, our current laws do not permit gender bias or the imposition of restrictive law upon

women or their freedom to choose their marriage partners,their profession or their ways of

life. Similarly, the laws governing the conduct of people according to their caste or

occupation are discriminatory by today’s standards and cannot be enforced. Despite such

problems and limitation, Manusmriti has historical value.3

STATE UNDER MANUSMRITI

 people initially lived in a state of nature prior to the origin of an organized state. The state of
nature was like a state of war as there was no harmony, peace and goodwill. This period was

considered the darkest period in the human history, a situation that is more or less equal to

Hobbesian Leviathan. In such conditions, it is stated in Manusmriti that people approached

Lord Brahma, the creator, to relieve them from the tortuous life. Thus, the creator gave them
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a king to maintain law and order and punish the wicked. Thus, according to Manu, state is not
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an institution that evolved gradually, but was a sudden creation.

Apart from the divine origin of the state, Manu opined that the need for the state was not out

of economic needs, but out of evil intentions and uncontrollable habits of mankind. In a way,

3
R. Sharma, Varna in Relation to Law and Politics 600 B.C. –A.D. 500 (Motilal Banarasidas, New Delhi,
1991).
it upholds the theory of divine origin of the state.According to Manu, the caste system or the

Varna was an essential part of the social fabric of the ancient Hindu society. He believed that

the Varna’s would maintain and preserve social harmony and peace in the society. He

strongly argued that the state with a king came into existence to protect the Varna system and

any failure on the part of the ruler makes him unworthy of ruling.

Manu provided a fourfold categorization of social organization derived from the Vedic

hymns. They are Brahmanas, Kshatriyas, Vyshyas and Shudras. It was widely believed that

these four Varnas represent four different parts of the body of the God. To elaborate further,

the Brahmanas rise from the head, the Kshatriyas from the arms, the Vyshyas from the thighs

and the Shudras from the feet. Thus, Brahmanas occupy the highest place and they were

conceived as the incarnation of the law. This superior place given to Brahmanas in the social

hierarchy is due to their purity and knowledge.The Kshatriyas were accorded the next highest

position in the social hierarchy. They were expected to protect the state by their valor, offer

sacrifices as well as gifts and protect the people. Manu believed that a society would be more

secure if there is a harmonious relation between the Brahmanas and the Kshatriyas. The

Vyshyas were to be involved in trade and business, whereas the Shudras were confined to an

occupation of serving the above three castes.

They were barred from all social and sacred learning, and Manu gave them a very low profile

in the society. This fourfold classification was called Chaturvarna theory, which was

expected to maintain harmony in the society. According to Manu, the Varna system was not

optional but had to be an integral part of the social and political set-up.According to Manu, it
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was God, who created an entity called king to save the people of a region. Thus, kingship is
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of divine origin and it is this position held by the king that made the people expresses their

obedience to him. Manu stated that though king appears in a human form, he possesses the

qualities of God.4

4
Madhukar Deshpande, MANUSMRITI Contemporary Thoughts (Deshmukh & Co. Publishers Pvt. Ltd., Pune,
1st edn., 2018).
The king, according to Manu, had certain qualities of Hindu Gods like Indra (God of War),

Vaayu (God of Wind), Yama (God of Death), Ravi (God of Sun), Agni (God of Fire),

Chandra or Moon, and Wealth. Thus, the king was described as an embodiment of eight

guardians of the earth. The king, therefore, was a divine creation to promote social harmony,

peace and welfare.

Manu was of the opinion that king is next best to God and he must have complete control

over himself and his senses. A king was expected to control his anger, satisfy the people and

govern the state with their consent rather than the use of force. The king must exhibit those

qualities that naturally make citizens obey him, and he must function through pleasing

manners and intelligence.

He must overcome the six vices or the Arishadwargas, viz.; Kama (Lust), Krodha (Anger),

Lobha (Greed), Moha (Attachment), Mada (Pride) and Mastcharya (Jealousy). If these six

evils or vices are kept under control, the welfare of society, according to Manu, is Manu was

of the opinion that the council of ministers are like the arms, eyes and ears of the king. He

stated that a king without the council of ministers is like driving a chariot without wheels. He

was of the opinion that an ideal number of council of ministers should not be more than seven

to eight who collectively and individually assist and advise the king in the daily discharge of
his duties. Apart from mere creation, Manu also emphasized that the council of ministers

must have certain qualities.

The ministers were expected to have high learning skills, men from high caste by birth, good
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warriors with a sharp understanding of various techniques of warfare and proper

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comprehension of the state system and the like. A minister must prove to be an honest broker

between the king and his subjects without causing any displeasure to the king.Manu was of

the opinion that the selection of the ministers must be through hereditary principle, but the

skills and qualities of a contender must also be tested. Or the king must seek the advice of his

trusted friends and relatives while appointing ministers or may appoint his own friends or

relatives. However, Manu cautioned that persons of noble character must be appointed to
occupy pivotal positions. Manu made it very clear that Shudras have no place in the council

of ministers.5

LAW UNDER MANUSMRITI

LAW AND JUSTICE

Manu uses the word Dharma to mean not only individual and social duties, but also to mean
law and justice. Dharma as justice is higher than king and the state. The King has to be
impartial in administration of law and justice and he himself is bound by them. The king has
to punish every offender whether the offender whether the offender is his father, mother,
wife, son, teacher, priest or a friend (VIII. 335). The interesting feature of Manu's justice is
that the social heirarchy of classes has its influence on the administration of justice. The
inequality among social classes is reflected 118 in the matters of rights, duties, witnesses and
punishments. The law and justice vary depending on one's Varna and social status. While the
principle of equality is observed only within the confines of each Varna, the law
discreminates between Varnas. Both civil and criminial law reflect these distinctions. The law
prescribes different rates of interest to different Varnas. A Brahmana can barrow at the rate of
three or four per cent. While the other three Varnas can barrow at five per cent, for a month.
Though a crime committed by a Sudra attracts the most severe punishment, in the case of
theft, it is the higher castes that deserve more punishment. A Vaisya and a Ksatriya are liable
to pay two or four times the fine payable by a Sudra thief. If a Brahmana does it, he has to
pay eight, or sixteen times the fine payable by a Sudra thief. If the king himself is the
offender, he has to pay one thousand times the fine. The idea behind this is that the gravity of
offence increases in the case of higher castes for they are supposed to be more responsible.
Manu mentions four offences as Mahdpdtakas or mortal sins which are considered serious.
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One who slays a Brahmana, who drinks intoxicating liquor being a Brahamana.who steals
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gold belonging to a Brahmana and one who violates a Guru's bed are said to have committed
Mahdpdtaka. One who is guitly of these Mahapatakas would be branded on forehead unless
one undergoes prescribed penances. However, the penances save him only from branding

5
Charles J. Naegele, Ancient History of India Manusmrti Revisited (D.K. Printworld (P) Ltd., New Delhi, 1 st
edn., 2011).
while he is liable for other punishments. In administration of law and justice, Brahmana?* are
again the most previliged class. Brdhmanas are exempt from punishment of death. The most
severe punishment for them is deportation. A Brahmana who finds a treasure can take all of
it. Brdhmanas are exempt from paying taxes. However, Manu is really humanitarian when he
says that whenever declaration of truth causes death of a Sudra, Vaisya, Ksatriya or
Brahmana, it is better to speak false. Such falsehood is preferable to truth Despite of the
discremination between the social classes in administration of justice, Manu's endeavours
have to be appreciated for his consistent and comprehensive view of justice. Manu's view of
justice makes the different Varna to adhere to their respective duties and contribute to the
smooth running of the state and the society.
The Concept of both Law and the Courts of Justice in visible in Manusmriti The task before
the government is the regulation of relationships of the entire manifest world. It must
ensure that no one is able to dominate the others. The whole emphasis is on the idea that the
community cannot be divorced from the cosmic relationship. A good state must be judged not
only by the services rendered by it, but also by the quality of people inhabiting it. The
main duty of the king is to protect good people and punish the bad ones. To protect weak,
especially orphans, widows and the old is the supreme duty and the highest religion of the
king. King was no more himself a court of justice and appellate jurisdiction. “A King
desirous of investigating law cases must enter his court of justice, preserving a dignified
demeanour, together with Brahmans and experienced councilors.6 Kingly power is
conceived as originating in the authority of God Vishnu, though for its day-to-day
performance it is dependent on the approval of the elders including Brahmanas and seers in
the state. Yet, they remain loyal to the king, as he has to maintain the varna system in society.
Manu tries o reconcile the authority of the king with a social system in which the authority of
Brahmanas is accepted as supreme and pure. Manu could not separate politics from socio-
religious practices of the time. Manu also wants a good king to be assisted and advised by
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good and truthful ministers and civil servants.

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The king was told to decide law in accordance with the rules of the shastras and usages
of the country. Manu wanted the king and judges to inquire very diligently into cases and
asserted for a very heavy fine (of thousand Panas) on those who improperly settle cases.

6
A.S. Altekar, State and Government in Ancient India.
“When he (the king) is tired with the inspection of the business of men, let him place on the
seat (of justice), his chief minister, (who must be) acquaint with law, wise, self controlled),
and descended from a noble family.” He envisaged courts of justice in which judges are
appointed on the basis of their character and experience by the king. Theoretically, the king
always presided over the court, whether he was present or not. The decree given under the
seal of the court was called a document given by the king.

THE LAW COURTS:

The law court as an adjunct of the state helped to maintain social order as between
individual and individual, and between individuals and owners of associations like
corporations in a village or a district, or herdsmen. The village councils were among the
lowest of judicial assemblies, composed of the relatives of the litigants and some impartial
members of the village presided over by an official (headman). Similarly, the king was to
appoint a headman over ten villages (who received as his salary one kula of land and shall try
all cases of offence occurring therein); a headman over twenty villages (enjoying five Kulas
of land); a headman over hundred villages (enjoying a village); and a headman over a
thousand villages (enjoying a town). The cases which a headman of one village was not
competent to decide shall refer to the headman of ten villages. 7 In cases of doubt or
incompetency, the headman of ten villages shall refer to the headman of twenty villages; and
the latter, to the headman of hundred villages; and he too in similar circumstances, to the
headman of thousand villages. Manu also mentioned a superintendent in each city, who had
jurisdiction over its affairs in some sense comparable to the mayor of the present day had
wide judicial and punitive powers as well. 8

Appointment of judges:
Manu was in favour of appointment of a Brahman as the chief judge. In exceptional
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circumstances, it is permissible to appoint a Kashatriya or a Vaishya, but never should a

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Shudra be appointed as a judge, else Dharma would come to ruin as a cow sinks into the mud.

7
Madhukar Deshpande, MANUSMRITI Contemporary Thoughts (Deshmukh & Co. Publishers Pvt. Ltd., Pune,
1st edn., 2018).

8
Charles J. Naegele, Ancient History of India Manusmrti Revisited (D.K. Printworld (P) Ltd., New Delhi, 1 st
edn., 2011)
Perhaps it was due denial of study of Vedas to the Shudras. Three assessors were to be
appointed as associates of the chief judge. Once again Brahmans were the rule, although the
same exceptions were made as with the chief judge (John Spellman). Their opinion was
sought on particularly difficult points of law, but they were not to interrupt the trial freely.
Manu required the king to make good from his own treasury the loss to the plaintiff in the
event of the thief not being captured and even if he could not recover it from the thief after
finding him, the same rule applied. Here, the king or indirectly his servants had failed in their
duty of protection to the people. By compensating the aggrieved party, that failure was to
some degree mitigated.

THE LAW OF EVIDENCE

The prominent feature of Manu’s law code is its class legislation. It is to be found in the law
of evidence and in the penalties prescribed for offences against person, property, reputation,
etc. In the number and nature of civil and criminal cases, in the procedure related to both
the types of, and in the qualifications and nature of witnesses mentioned in Manusmriti,
there is a considerable progress in the concept of law since the Vedic days.
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The outcaste, one fallen from his varna duties, could not act as a witness, and members of one
caste could not appear as witnesses for persons of the other castes. Dasas(slaves) or
bhritakas (servants), recruited from the Shudravarna, must not be examined as witnesses
while deposing members of different castes, were to be administered different kinds of oath
and shown different kinds of treatment. Manu declares that the king should fine and banish
men of the first three classes who give false evidence, but only banish a Brahman. However,
no crime involving loss of caste is committed by lying to women, at marriages, for the sake
of food, for a cow, or for fuel in order to show favour to a Brahman.

THE STRUCTURE OF PUNISHMENT

Not only was the evidence of witnesses taken into consideration, but the past usage
prevailing in the neighborhood also taken into account Manu’s ideas on social organization
aimed at establishment of order in terms of a certain notion of proportionate justice.

Manu mentions three methods of punishment

 Imprisonment
 Use of Fetters (Enchainment)
 Corporal punishment

Manu’s on the Social Laws

A. CREATION & THE ORIGIN OF THE SACRED LAW

• The Manusmriti begins with the concept of Nirguna Brahma, the unmanifest, supreme
cosmic reality; to be experienced with the aid of practices in breath regulation (Pranayama),
prayer (Japa) and meditation on the fundamental syllable „Aum‟ (Dhyana)
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• The cosmos came into existence when God awakened from the primeval sleep.
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• Nirguna Brahman becomes manifest in the endless cosmic cycles, the rest of it remains
unmanifest.

• According to Manu karma-yoga is the most important yoga as it includes both

Pravritti(regulation of desires) and Nivritti(total eradication of desires)
F. MARRIAGE LAWS

i.Types of Marriage (Eight)

1. The Brahma
2. The Divine
3. The Seer‟s
4. The Prajapatya
5. The Demonic
6. The Gandharva
7. The Fiendish
8. The Ghoulish

ii Varna, Marriage and Women

• For the first marriage of twice-born men, wives of equal caste are recommended; but for
who through desire proceed to marry again the following females, chosen according to the
direct order of the castes, are most approved.
• It is declared that a Shudra women alone can be the wife of a Shudra, she and one of his
own caste the wives of a Vaisya, those two and one of his caste the wives of a Kshatriya,
those three and one of his own caste the wives of a Brahmin.
• A Shudra woman is not mentioned even in any ancient story as the first wife of a Brahmin
or of a Kshatriya, though they lived in the greatest distress.
• Twice-born men who, in their folly, wed wives of the low (Shudra) caste, soon degrade
their families and their children to the state of Shudras.
• A Brahmin who takes a Shudra wife to his bed, will after death sink into hell; if he begets a
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child by her, he will lose the rank of a Brahmin. 9

Page

9
R. Sharma, Varna in Relation to Law and Politics 600 B.C. –A.D. 500 (Motilal Banarasidas, New Delhi,
1991).
iii Widow Marriage
• Manu is definitely opposed to the marriage of the Widows.
• He says, “nowhere is a second husband declared for virtuous women; in the procedure of
marriage there is no declaration about the remarriage of the widows
• a maiden can be given only once.
• Manu does not permit the widow to remarry on any account.

H. CRIME AND PUNISHMENTS

Manu held that the ultimate sanction behind the state is force. If it is not used, the alternative
is the law of the jungle (Matsyanyaya). It is Danda (physical force or physical punishment)
which rules over all the subjects, it is Dandawhich protects them, when all sleeping,
Dandakeeps awake; law is nothing but Dandaitself. Danda, however, must be wielded with
discretion. If it is used too harshly, the subjects are distressed; If it is used too lightly, the
king will not be held in awe; If it is used in the proper manner, the subjects are happy and the
realm progresses. The only way that a man might be kept pure and righteous was by fear of
danda(punishment) It is through fear of punishment that the gods, Danavas, Gandharvas,
Rakshasas, birds, and reptiles bring about the enjoyment for men.

If the Brahman suffered less corporal punishment than the other classes, Manu held
that his superior position imposed a greater responsibility upon him to keep the laws.
• Where another common man would be fined one karshapana, the king shall be fined one
thousand; that is the settled rule.
• In (case of a) theft the guilt of a Sudra shall be eightfold, that of a Vaisya sixteen fold, that
of a Kshatriya thirty-two fold, and a Brahman‟s guilt was one hundred and twenty-eight fold.
• If a Vaisya or a Kshatriya has connection with an unguarded Brahmana women, let him fine
the Vaisya five hundred (panas) and the Kshatriya one thousand.
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But crimes other than theft often resulted in the Shudras getting the worse
punishments.
• But even these two, if they offend with a Brahmani (not only) guarded (but the wife of an
eminent man), shall be punished like a Sudra or be burnt in a fire of dry grass.10

10
Madhukar Deshpande, MANUSMRITI Contemporary Thoughts (Deshmukh & Co. Publishers Pvt. Ltd., Pune,
1st edn., 2018).
• A Brahmana who carnally knows a guarded Brahmani against her will, shall be fined one
thousand (panas); but he shall be made to pay five hundred, if he had connection with a
willing one.
• Tonsure (of the head) is ordained for a Brahmana (instead of) capital punishment; but (men
of) other castes shall suffer capital punishment.
• Let him never slay a Brahmana, though he have committed all possible crimes; let him
banish such an (offender), leaving all his property (to him) and (his body) unhurt.
• A Kshatriya, having defamed a Brahmana, shall be fined one hundred panas; a Vaisya one
hundred and fifty or two hundred; a Sudra shall suffer corporal punishment.

SOCIETY UNDER MANUSMRITI

Manu's theory of creation, the most significant theory of the code, forms the foundation for
his metaphysics, theology, law, economics and politics. In addition to the theory of creation
of the physical world, Manu explains the origin of the four principal social classes, which is
an important feature of his ideal society, in this theory. His social theory is based on his
theory of creation. Manu gives his theory of creation in the very first chapter of the code, and
no other Smrti begins with it. Manus main aim, as a law-giver, is to prescribe a code of social
conduct to enforce a particular social structure. But Manu is no less interested in justifying
such code theoretically. As we have so far seen, he justifies it mainly on grounds of the
authority of the Veda and tradition. Manu, althrough his code, attempts to evolve a consistent
theory of scoeity which is well-founded on his mythical theory of creation. Society, for
Manu, is the creation and manifestation of the self-existing supreme Brahman. The Creator
not only created the society, but also made certain rules for its conduct which Manu is
presently offering through his code. So, for Manu the ideal society is one which totally
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corresponds to the model his code puts forth. Manu conceives the model society as an organic
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whole having the four Varnas or social classes as its limbs. The four Varnas are Brahmana,
Ksatriya, Vaisya and Sudra. Health of the society as an organic Vedanta Sutra Bhdsya, whole
depends on the proper functioning of its different limbs, the four Varnas. The four Varnas are
said to have originated from different limbs of the Creator. This division of society is not just
functional for it supposes a specific social heirarchy. The position of each Varna in the social
heirarchy depends on the limb from which the Varna is said to have originated. So, the three
important social implications of Manu's theory of creation are (1) the conception of society as
an organic whole; (2) the four fold division and (3) specific social heirarchy. Social good
depends on proper discharge of duties by all the members of society.11 Similarly, personal
good depends on the functioning of society as a whole, just like the health of body and of its
limbs are identical. The body organism cannot be fully functional without all its limbs
discharging their respective duties, and limbs cannot function without the general health of
the whole body. The interests of different classes, seen this way, are not conflicting. Rather
they are necessarily compatible, viewed from the higher level of society as a whole. Social
prosperity depends on unity and mutual cooperation among the four classes. Society is
explained not in terms of conflicting interests of the groups but viewed as a unity of social
forces. The fourfold division of society is one of the chief features of Manu's morality,
politics and economics. Manu Smrti views this division as natural and hence permanent. It is
important to notice that this division is not a product of the code. Rather, the code is a product
of such system. Manu Smrti does not give rise to this division, but presupposes it. In the
beginning of the code, the devine.sages request the great Svayambhuva to deliver 'the code of
conduct for the four Varnas So, the division was already existing before the code is delivered.
Hence, the code presupposes the Varna system. Even the Rg-Vedic PurusaSiikta, one of the
most recent hymns of the Samhita, is a later attemptto account for the alreayd existing
division. This division can be traced back to Rg-Vedic Aryan tribal organization. The original
Aryan community was devided into holy power (Brahmana), kingly or military power
(Ksatra) and the commonality. At the time of Rg-Veda, Aryans were slowly establishing their
power over non-Aryan tribes which were later included in their social scheme as Sudras or
Dasyus. Thus evolved the simple four-fold system through the adjustment of races, with
specific functional differences. The Rg-Vedic PurusaSukta and Manu's theory of creation are
mere speculations to account for the social division. Both are mythical in content. Manu, in
his theory of creation, attempts to establish and perpetuate the social division, by describing
18

that it is natural, universal and elternal. Manu extends the scope his social division to include
Page

even foreign origins like Yavanas (greeks), chinese etc.. Who neither belong to the Aryan
community nor to the native Sudras. Manu explains these races as originally Ksatriyas who
later become Sudras by failing to adhere to the sacredorial duties. Among the later
speculations about the origin of Varnas, Gita attempts to furnish a rational theory about the
origin of Varna. Gita explains the social division in terms of temperament and moral

11
Charles J. Naegele, Ancient History of India Manusmrti Revisited (D.K. Printworld (P) Ltd., New Delhi, 1 st
edn., 2011)
character. Lord Krsna assumes the responsibility for the creation of four Varnas, which are
fixed in the light of or due to character and actions of individuals (This explanation is more
universal in its character and application. However, the Indian caste system is hereditary.
Though social esteem depends on character, one's caste depends on one's parentage. One's
parentage cannot be altered by one's character. It is only exceptionally accepted to consider
one's caste on one's character, especially when one's parentage cannot be assertained. King
Viswdmitra had to struggle and do severe penances in order to be called a
Brahmarsi( Brahmana sage). Such cases are very rare. As Sir SivaswamyIyer aptly puts it,
"'While we may deplore the evil effects of the institution (of caste), it is not possible to
entertain the view that social classifications were determined merely by character". However,
Manu explains the differences among the four Varnas in terms of their origin from different
limbs of the Creator: " for the sake of the worlds, He caused the Brahmana, the Ksatriya, the
Vaisya and the Sudras to proceed from his mouth, his arms, his things and his things and his
MANUSMRITIEvolution of Hindu Moral Ideals, feet." After the creation, the Creator
Himself assigned different duties, rights and previleges to the four classes. So, the differences
are part of the Creator's design and thus, are natural. The specific functions of each class are
fixed by Brahman as follows: "In order to protect this universe, Heasignedseperate duties and
occupations to those who sprang from his mouth, arms, things, and feet. To Brdhmanas He
assigned teaching and studying Veda, sacrificing for their own benefit and for others, giving
and accepting alms; the Ksatriya He commanded to protect people, to bestow gifts, to offer
sacrifices, to study Veda and obstaining from sensual pleasures; the Vaisya to tend cattle, to
bestow gifts, to offer sacrifices, to study Veda, to trade, to lend money and to cultivate land;
one occupation only the lord prescribed for Sudra, to serve meekly even these other three
Varnas.One's social function, as the law prescribes, is thus fixed by one's birth in a particular
Varna. Manu Smrti prescribes definite occupations for men of each Varna, caste and mixed
caste in ordinary times and at times of distress. No Varna can follow, even at times of
19

distress, the occupation of a higher Varna. Apart from this, there is another important division
Page

— that of Dvija and Sudra. The first three Varnas i.e., Brahmana, Ksatriya and Vaisya are
twice born or Dvija. Every Dvija has to undergo upanayana or the ritual of initiation, which is
the most important purificatory rite and is remeniscent of Aryan tribal past. The ritual is
supposed to give one a second spiritual brith. With this rite of initiation, one is introduced to
the Aryan path of holy life and previliges thereof. A Sudra is not supposed to undergo this
rite and thus remain eka-jdti or once-born. As Sir Siva Sway Iyer observes, "while the
relative estimation in which the three upper classes were held depended mainly upon the
character of the occupations prescribed for or practised by them, the gulf which seperated
them from the Sudras was due to racial considerations and the tendency to despise conquered
people. Among the twice-born, Brahmanas are the first in importance and dignity. Brahmanas
are considered gods on earth (Bhusura). The code ascribes pre-eminence to the Brahmanas
and next come Ksatriya and Vaisya. The superiority of Brahmanas is due to their origin from
the mouth of Brahman, their possession of Veda and the sacrificial thread .This supremacy is
established throughout the code; The Brahmanas with their dignity and supremacy earn
their'living by teaching Veda. assisting in sacrifices and by receiving gifts. These three
functions are exclusively assigned to Brahmanas for their livelyhood: "Of the six acts
(functions of the Brahmana), three are the means of his subsistence viz., assisting at
sacrifices, teaching the Veda and receiving presents by a pious giver. These three previliges
are limited to Brahmanas, and do not extend to Ksatriyas and Vaisyas. Hence a Brahmana is
called 'Tri-Karman', 'One who engaged in three acts". Manu insists that a Brahman should be
given liberal gifts and encourages giving heavy iDaksind' to him to meet his material needs.
No man should undertake a sacrifice unless he has plenty of money to make liberal gifts .One
who gives wealth to the Brahmanas would obtain heaven when one dies No Brahmana should
be left starving: "A king even though dying (from want), must not receive taxes from a
Brahman learned in Vedas, nor must he allow such a Brahmana dwelling in his country to
pine away with hunger. Of that king in whose kingdom a Brahmana learned in Vedas wastes
with hunger, the whole kingdom in a short time be wasted with famine" Hence, Manu takes
care of livelyhood for the priestly class. A Brahmana who is not learned in Vedas or one who
is passing through distress can take up the occupations of 36Evolution of Hindu Moral Ideals,
a Ksatriya or Vaisya). The second in eminence is the military class which enjoys the political
power, its chief function is to protect people and maintain social order. The state with a king
as its head, has to ensure peace and security to its people. The king is considered, like in
many cultures all over the world, a divinity on earth: "The Creator created a king for the
20

protection of the whole world by drawing forth eternal particle from the essence of Indra,
Page

Anila (wind), Yama (god of justice), Surya (sun), Agni (fire), Varuna, Chandra (moon), and
Kubera (god of wealth)". "A king even though a child, must not be treated with contempt, as
if he wer^ a mortal; he is a great divinity in human shape" The king has to rule over his
subjects like a father with the help of a counsil of Brdhmanas as ministers. He must have a
Brahmana as his Prime Minister and has to take him into confidence. The king should be
brave and never retreat in a battle, he must set an example of bravery. He has to take great
care and should not indulge in sensuous pleasures. He has to devide his time properly to
attend all the functions he has to discharge. Though a king is powerful, Manu takes, case the
he would not become a tyrant. The king is supposed to be very obedient towards Brdhmanas.
His activities are closely superintended and regulated by Brdhmanas around him. 12 Manu
formulates so many rules to restrict the power of the kind so that he does not take away the
supremacy of the Brdhmanas: "Determination not to retreat in a battle, protection of the
people, the obedience to Brdhmanas are the highest duties of a king, and secure their felicity
in heaven" Manu recognizes the importance of proper relations between priestly class and
military class in running the state. He insists on mutual cooperation between them: "A
Ksatriya cannot thrive without a Brahmana, nor a Brahmana without a Ksatriya..Brahmana
and the Ksatriya when associated together prosper in this world and the next.".Vaisyas are the
agricultural traders who constitute the third eminent Dvija class. They are usually wealthy
with rights on land and property. The state takes care to protect their property and trade from
internal disturbances and external invasions. They form the tax-paying lot who finance the
political and religious operations. The prosperity and stability of the state mainly depends on
agricultural production and trade. So, Vaisyas are very prominent class in the society. They
enjoy all the previliges of being a Dvija. Sudras form the fourth Varna whose function is
service to Dvijas. They have no access to Veda and other purificatory rite which are exclusive
for the Dvijas. As opposed to Dvijas, they are eka-jati or once-born: "The
serivceofBrdhmanas alone is declared to be an excellent, occupation for a Sudrafor whatever
else besides this he may perform will bear no fruit for him. No collection of wealth must be
made by a Sudra, even though he is able to do it: for Sudra who has acquired wealth, gives
pain to Brdhmanas. A Sudra, whether bought or unbought, may be compelled to do servile
work: for he was created by the self-existent to be a slave of a Brahmana. A Sudra, though
emancipated by his master, is not released from servitude. A Brahmana may confidently seize
the goods of his Sudra slave; for as that slave can have no property, the master may take his
possessions'' In addition to the four Varnas, Manu refers to many mixed castes which are the
21

result of unlawful marriages among the four principal Varnas: These castes are assigned
Page

particular occupations. Besides these there were some aboriginal tribes who stayed outside
the Manu's social system, living in the hills and forests. These tribes were warrior tribes on
whom probably Aryans could not establish their hold by the time of Manusmrti is one of such
tribes which had no social distinctions, the others being Pundarikas, Odras, Dravidians,
Kambhojas, Kirathas etc., mentioned in the code. Aryans could, at a later stage win over most

12
Madhukar Deshpande, MANUSMRITI Contemporary Thoughts (Deshmukh & Co. Publishers Pvt. Ltd., Pune,
1st edn., 2018).
of them and include them into their cultural fold. As far as the social adjustment among the
four Varnas concerned, Brdhmanas are the most advantageously placed around whom the
other classes are carefully placed to make a system.

22Page
 BIBLIOGRAPHY

Books Referred:

1. Madhukar Deshpande, MANUSMRITI Contemporary Thoughts (Deshmukh & Co.

Publishers Pvt. Ltd., Pune, 1st edn., 2018).
2. Charles J. Naegele, Ancient History of India Manusmrti Revisited (D.K. Printworld
(P) Ltd., New Delhi, 1st edn., 2011)
3. R. Sharma, Varna in Relation to Law and Politics 600 B.C. –A.D. 500 (Motilal
Banarasidas, New Delhi, 1991).
4. A.S. Altekar, State and Government in Ancient India.

Websites Referred:

 Ancient India and MANUSMRITI, available

at:https://shodhganga.inflibnet.ac.in/bitstream/10603/31776/9/09_cha%5Bter

%203.pdf
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