LEGAL AND CONSTITUTIONAL

HISTORY OF INDIA
MODULE I.3.1 -Legal System in Ancient India
 VEDIC AGE
Dharma
Origin of Dharma
1. Sruti
2. Smriti
Dharmasutras and Dharmashastras
a. Manusmriti
b. Yajnavalkya Smriti
c. Naradasmriti
d. Visnusmriti
e. Brihaspatismriti
3. Aacharas (customary laws in practice)
VEDIC AGE
 VEDIC AGE-CONCEPT OF
DHARMA
The main aim of the law in the Vedic period was to preserve ‘dharma’ which means righteousness
and duty.

The jurisprudence of Ancient India was shaped by the concept of `Dharma’, or rules of right
conduct. Dharma is the Indian version of Natural law.

In India, we have several sects, and each sect defines the concept of Dharma according to its own
parameters.

Hindus: The concept of Dharma has been taken from the Sanskrit term, ‘dharm’ which signifies
certain order by which society must function for the welfare of human beings and make the
functioning of society possible.

Islam: Concept of universal brotherhood which dictates that all Muslims are brothers and the belief
that the Lord is one and only one and Prophet Muhammad was His messenger.
 VEDIC AGE-CONCEPT OF
DHARMA
Dharma is primarily based on the Vedas and has many texts such as Sruti, Smriti
and moral laws (sadachar).

Dharma was a duty-based legal system that is every individual owed a duty towards
another member of the society.

According to Duguit: “The only right which any man can possess is the right to
do his duty”. His theory of Social Solidarity states that “even the sovereign or the
state does not stand in any special position or privilege and its existence is
justified only so long as it fulfils its duty.”
 VEDIC AGE-CONCEPT OF
DHARMA
According to Justice M. Rama Jois, “Dharma is that which sustains and ensures
progress and welfare of all in this world and eternal bliss in the other world. The
Dharma is promulgated in the form of command”.

Madhavacharya said “It is most difficult to define Dharma. Dharma has been
explained to be that which helps the upliftment of living beings. Therefore that which
ensures welfare (of living beings) is surely Dharma. The learned rishis have declared
that which sustains is Dharma.”

Dharma is anything that is right, just and moral and it aims for the welfare of the
state and mainly, its people. It is nothing but body of rules and believes including in
itself the religious rights, rules of conduct and duties.
 VEDIC AGE-CONCEPT OF
DHARMA
Rituals, obligation, morality, law, order, and equity were contained in dharma

Dharma regulated and guided the activities of every person in the society including
the king. Mahabharata, calls upon the subjects to revolt against the autocratic and
oppressive king who does not follow dharma.

Some important types of dharma included Raj-dharma (obligation of kings or

civil law); Apaddharma (obligations during a crisis); Sadharana-dharma
(responsibility of all people); Kula-dharma (responsibility within family);
Varnashrama-dharma (obligations in compliance with one’s status, gender, and
stage of existence); and Sva-dharma (an individual’s particular dharma).
 ORIGIN OF DHARMA-SHRUTI’S
I. Shruti
What was heard’.

Product of Divine Revelation.

The first source of Dharma is Shruti.

Shruti contains narration on everything possible ranging from military

to politics to common people’s life. Shruti’s are transmitted verbally
across the generations and fixed.
 ORIGIN OF DHARMA-SHRUTI’S
I. Shruti
Shrutis include the four Vedas - Rigveda, Yajurveda, Samaveda, and Atharvaveda along
with their Brahmanas, Aranyakas and Upanishads.

According to Max Muller, Vedas date back to 1500 B.C. (Early Vedic Period
1500-1000 BC and Later Vedic Period 1000-600 BC).

Vedas primarily contain theories about sacrifices, rituals, and customs.

Vedas do refer to forms of marriage, the requirement of a son, exclusion of women

from an inheritance, and partition but these are not very clear-cut laws.
 ORIGIN OF DHARMA-SHRUTI’S
Rig Veda is inscribed in tribute to deities.

Yajurveda comprises hymns to perform Vedic sacrifices and rituals.

Samaveda comprises melodies and chants.

Atharvaveda which deals with magic, ghosts, tantra- mantra, superstition,

medicinal properties of plants, etc.

The Vedas are followed by Brahmanas which explains the Vedic hymns.
 ORIGIN OF DHARMA-SHRUTI’S
It is the text on rituals, ceremonies, sacrifices and symbolic sacrifices. Apart from
spiritual cognizance, they include scientific knowledge like astronomy and geometry.

The Brahmanas are followed by Aranyakas or forest books which were the texts to be
read in the forest. They provide philosophical and meditative justifications for the
Vedic sacrifices.

The Aranyakas are followed by Upanishads. Upanishads are mainly

philosophical-religious texts that constitute the Indian philosophy and delve deep into
philosophical questions like cause and nature of the world, who we are, where do we
go after this world, what is the purport of human subsistence, etc.

In total there are 108 Upanishads.

 VEDAS AND THE LAW
As per the Vedic texts, the rights of an individual emanate from the obligation of
others and sometimes the social and prevalent rights supersede the rights of an
individual.

The resonance of high ideals of liberty, equality, and fraternity could be aurally perceived
in the verses of Vedic literature.

Rig Veda verbalizes those human actions and thoughts are diverse in nature and prays for
noble intellectual thoughts to come to humans from all sides and spread across the
universe.

Rig Veda invokes deities for the liberty of body(tan), shelter (skirdhi), and life
(jibhasi) which sounds similar to modern rights like the right to physical liberty, right
to shelter, and right to life.
 VEDAS AND THE LAW
Right to food and water

People should live in harmony with each other.

Maha Upanishad which verbally expresses Vasudhaiva Kutumbakam

One of the verse in Veda illustrates the concept of the well-being of all and wherein the
sages are praying to deities to let everyone in the world be happy; let all be free from
infirmities and disease; let all experience good; let no one be inundated by grief and
suffering; let there be peace, peace, and peace.

Land Rights

Gender Rights

Right to Education
 VARNA SYSTEM IN ANCIENT
INDIA
The segregation of people based on their Varna was intended to decongest the
responsibilities of one's life, preserve the purity of a caste, and establish eternal order. This
would pre-resolve and avoid all forms of disputes originating from conflicts within business
and encroachment on respective duties.

The first mention of Varna is found in the Purusha Suktam verse of the ancient Sanskrit Rig
Veda.
VARNA SYSTEM

Brahmin
Kshatriya
Vaishya
Shudra
 ORIGIN OF DHARMA-SMRITI’S
literarily means ‘as remembered’ and it refers to tradition.

They are the humanly authored written texts that contain the collected traditions.

With smritis, a systematic study and teaching of Vedas started.

Smritis are a written record of the knowledge of the sages.

Smritis lays down laws and religious teachings.

The smritis can be divided into two - Early smritis (Dharmasutras) and Later smritis
(Dharmashastras).
 EARLY SMRITIS
(DHARMASUTRAS)
The most important part of the book remains to be the discourse on Aachara;
‘Vyavâhara and ‘Prâyaschitta’.

Ācāra: Rules pertaining to daily rituals, life-cycle cites, and other duties of four
castes or varnas.

Vyavahāra: Rules pertaining to the procedures for resolving doubts about dharma
and rules of substantive law are categorized according to the standard eighteen titles
of Hindu law.

Prāyaścitta: Rules about expiations and penances for violations of the rules of
dharma.
 VYAVAHĀRA
According to Kātyāyana "Vi means ‘various,’ ava means ‘doubt,’
hara is ‘removal’. The legal procedure is called as vyavahāra
because ‘it removes various doubts.

According to Donald Davis, “There are two basic meanings of

vyavahāra. The first is a general sense of practice, business, or
everyday transactions. The other, specific sense is legal procedure,
the processes of litigation including a trial.”
 ORIGIN OF DHARMA-SMRITI’S
Early smritis (Dharmasutras)

Some of the important sages whose dharmasutras are known are: Gautama, Baudhayan, Apastamba, Harita,
Vashistha, and Vishnu.

Gautama - He belonged to Sam veda school and deals exclusively with legal and religious matter. His work has
mentioned about inheritance, partition, and stridhan.
(https://www.wisdomlib.org/hinduism/book/gautama-dharmas%C5%ABtra/d/doc116313.html)

A Śūdra who intentionally reviles twice-born men by criminal abuse, or criminally assaults them with blows,
shall be deprived of the limb with which he offends.

If he has criminal intercourse with an Āryan woman, his organ shall be cut off, and all his property be
confiscated.

If he recites (Vedic texts), his tongue shall be cut out.

A Kṣatriya (shall be fined) one hundred (Ancient Coins) if he abuses a Brāhmaṇa

 ORIGIN OF DHARMA-SMRITI’S
A Vaiśya (who abuses a Brāhmaṇa, shall pay) one and a half (times as much as a
Kṣatriya).

But a Brāhmaṇa (who abuses) a Kṣatriya (shall pay) fifty.

In disputed cases the truth shall be established by means of witnesses.

Baudhayan - He belonged to the Krishna Yajurveda School and was probably from
Andhra Pradesh. His work has mentioned marriage, sonship, and inheritance. He also refers
to various customs of his region such as marriage to his maternal uncle's daughter. (Refer
to https://www.wisdomlib.org/hinduism/book/baudhayana-dharmasutra).
 ORIGIN OF DHARMA-SMRITI’S
'Anybody but a Brāhmaṇa shall suffer corporal punishment for adultery.'

'The wives (of men) of all castes must be guarded more carefully than wealth.

Women (possess) an unparalleled means of purification; they never become (entirely)

foul. For month by month, their temporary uncleanness removes their sins.'

'Soma gave them cleanliness, the Gandharva their melodious voice, and Fire purity of
all (limbs); therefore, women are free from stains.'

A Brāhmaṇa who unintentionally approaches a female of the Caṇḍāla caste, eats

(food given by a Caṇḍāla) or receives (presents from him), becomes an outcast; but (if
he does it) intentionally, he becomes equal (to a Caṇḍāla).
 ORIGIN OF DHARMA-SMRITI’S
Apastamba - His sutra is most preserved. He also belonged to Krishna Yajurveda school from Andhra Pradesh. His language is
very clear and forceful. (Refer to https://www.wisdomlib.org/hinduism/book/apastamba-dharma-sutra/d/doc116233.html )

(There are) four castes--Brāhmaṇas, Kṣatriyas, Vaiśyas, and Śūdras. Amongst these, each preceding (caste) is superior by
birth to the one following.

To serve the other (three) castes (is ordained) for the Śūdra.

Intercourse, eating, and intermarriage with Śūdra should be avoided by Brahmana.

In the cases of (men of) other castes, the king, after having examined their actions, may punish them even by death.

And the king shall not punish on suspicion.

But having carefully investigated (the case) by means of questions (addressed to witnesses) and even of ordeals, the king
may proceed to punish.

A king who acts thus, gains both (this and the next) world.
 ORIGIN OF DHARMA-SMRITI’S
Vashistha - He was from North India and followed the Rigveda school. He recognize the remarriage of virgin
widows. (Refer to https://www.wisdomlib.org/hinduism/book/vasistha-dharmasutra/d/doc116390.html)

(Brāhmaṇas) who neither study nor teach the Veda nor keep sacred fires become equal to Śūdras.

A wife, (though) tainted by sin, whether she be quarrelsome, or have left the house, or have suffered
criminal force, or have fallen into the hands of thieves, must not be abandoned; to forsake her is not
prescribed (by the sacred law). Let him wait for the time of her courses; by her temporary uncleanness,
she becomes pure.

Women (possess) an unequalled means of purification; they never become (entirely) foul. For month by
month their temporary uncleanness removes their sins.

Women belong first to three gods, Soma (the moon), the Gandharva, and Fire, and come afterwards into
the possession of men; according to the law they cannot be contaminated.
 DHARMASHASTRAS
The Smrti literature is a corpus of diverse varied texts, it includes six
Vedāngas, the epics, the Dharmasūtras and Dharmaśāstras, the
Arthasaśāstras, the Purānas, the Kāvya or poetical literature, reviews
and commentaries on Shrutis and non-Shruti texts, and numerous
Nibandhas (digests) covering politics, ethics (Nitisastras), culture, arts
and society.

Dharmashastras were mostly in metrical verses and were based on

Dharmasutras. However, they were a lot more systematic and clearer.
 DHARMASHASTRAS
The texts cover ashrama (life stages), varna (social classes), purushartha
(right life aims), personal virtues and duties including ahimsa (nonviolence)
against all living beings, just war regulations, and other topics.

The Dharmashastras, unlike the Vedas, are not the result of divine
revelations. As a result, they are vulnerable to the flaws that the human mind
is prone to.

Some of the most prominent Dharmashastras are-Manusmriti, Yajnavalkya

Smriti, Naradasmriti, Visnusmriti and Brihaspatismriti
DHARMASHASTRAS-MANUSMRI
TI
Manusmriti contains about 2685 verses in 12 chapters.

Manusmriti is considered the first code of Civil and Criminal Law in India.

It is considered to be the most authoritative work on Hindu Law.

According to him ‘Dharma’ was the supreme power in the state.

King is considered merely an instrument to realize the goal of Dharma.

The text is composed in metric Shlokas (verses), in the form of a dialogue

between an teacher and disciples who are eager to learn about the various
aspects of dharma.
 DHARMASHASTRAS-MANUSMRI
TI
Manusmriti is known as Mānava-Dharmaśāstra or Laws of Manu or Code of Manu.

We can say that it is a compilation of the customary law, and exhibits the social organization which the
Brahmans, after their successful struggle for the supremacy, had established in the Middle Land of North
India.

The text can be broadly divided into four, each of different lengths. and each further divided into
subsections.

1. Creation of the world

2. Source of dharma

3. The dharma of the four social classes

4. Law of karma, rebirth and final liberation

DHARMASHASTRAS-MANUSMRI
TI
Duties Delegated to Different Castes

The duties of the Brahmins are learning and teaching, performing religious sacrifices and getting them
performed taking and giving donations.

The duties assigned to Kshatriya include protection of common men, to donate, to perform religious
sacrifices, to recite Vedas, to abstain from all forms of addictions etc.

The duties assigned to Vaishyas include protection of animal’s, donations, religious sacrifices, business,
trade, money lending and agriculture.

The shudras are expected to serve the other three caste with benevolence and good will.

Manu allowed the three twice born castes to learn Veda but only Brahmana was allowed to teach it. On
account of his pre-eminence, the superiority of his origin, observance of restrictive rules and on account of his
particular sanctification, the Brahmana is the lord of all castes.
 MANUSMRITI -MARRIAGE
The minimum requirement for a Hindu man to get married is to find a chaste woman from his own
caste. For ‘twice-born men’ a girl of equal caste has been recommended for the first
marriage-sacrament.

Twice-born men, marrying, through infatuation, a girl of the low caste, quickly reduce their
families, along with their offspring, to the position of the Śūdra.

One who marries a Śūdra girl becomes an outcast.

Manu further says that only a woman with auspicious marks on her body may be married. Manu
goes on to mention several categories of women who cannot be married.
 MANUSMRITI -MARRIAGE
Manusmriti and Marriage

Chapter 3 law 8: “One should not marry women who have reddish hair, redundant parts of the body [such as
six fingers], one who is often sick, one without hair or having excessive hair and one who has red eyes.” The
very next law to this says, “One should not marry women whose names are similar to constellations, trees,
rivers, those from a low caste, mountains, birds, snakes, slaves or those whose names inspire terror.”

Law 10 and 11 of chapter 3 says- “Wise men should not marry women who do not have a brother and whose
parents are not socially well known.” (3:10)

“One should marry a female with a faultless body, bearing an agreeable name, having her gait like that of
the swan or the elephant, having fine hair on the body and the head, and fine teeth, and with tender limbs..”
(3:11).
 MANUSMRITI -MARRIAGE
A few other categories of women who cannot be married are sapindas of the Hindu man on his mother's side, or women who are
related to him on his father's side of the family. [The concept of Sapinda relationship as defined in the Smritis as 7 degrees with
respect to father’s side and 5 degrees with respect to mother’s side. But after HMA, as per Section 3(f) it has been relaxed.
Sapinda Relationship extends as far as 3rd generation in the line of ascent through the mother in case of both the parties. Sapinda
relationships extends as far as 5th generation in the line of ascent through the father in case of both the parties].

degrees of prohibited relationship- two persons are said to be within the degrees of prohibited relationship;

i. if one is a lineal ascendant of the other; or

ii. if one was the wife or husband of a lineal ascendant or descendant of the other; or

iii. if one was the wife of the brother or of the father's or mother's brother or of the grandfather's or grandmother's brother of the
other; or

iv. if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of
two sisters;
 MANUSMRITI -MARRIAGE
Brahma Vivaha– In this way of conducting weddings, the father of the bride gives
her away to a knower of the Vedas invited by the father himself after decorating the
bride with jewellery and fine clothes.

Daiva Vivah– In this type of wedding the father of the bride gives her away to the
officiating priest at a yagya or a yajna (a sacrifice), while the yajna is ongoing.

Arsha Vivaha– In this type of Hindu wedding, the father of the bride gives her
away to a groom who gifts to the father one cow and one bull or two cows and two
bulls.
 MANUSMRITI -MARRIAGE
Prajapatya Vivaah – similar to the Brahma vivaah, except that the bride's father gives her away as a
gift, not to the groom, but to the groom's father.

Gaandharva Vivah (wedding in the way followed by gandharvas)– The couple simply choose to
marry by mutual consent.

Asura Vivaah – In this type of Hindu wedding, the groom voluntarily gives as much money and gifts
as he can afford to give to the bride and to her family in order to get her consent for marriage.

Rakshasa Vivaah-where the groom forcibly abducts the bride against her will and her family's will.

Paishacha Vivah (wedding in the manner of pishaachas, or lost souls)– where the man forces himself
on a woman when she is insentient: when she is drugged or drunken, possessed or unconscious and
thus is married unwillingly, and which has been outlawed by Manu.
 MANUSMRITI -MARRIAGE
Second Marriage

Manu permits second marriages for men. He is in fact much more liberal in terms of caste
requirements in the case of second marriages than in first marriages. He says that any man can marry
any woman of his own caste or a lower caste should he decide to take a second wife.

This in part shows the concept of Anuloma and Pratiloma; the first being a marriage between a man of
a higher caste and a woman of a lower caste.

Pratiloma is not allowed.

However, this comes with the proviso that any Brahman who takes a Shudra wife as his second wife
will go to hell after death if he sleeps with her. If he happens to procreate with her, he will lose his
caste and acquire her caste.
 MANUSMRITI -DIVORCE
Divorce

Manusmriti offers an inconsistent and internally conflicting perspective on Divorce.

The text, for example, declares that a marriage cannot be dissolved by a woman or a
man, in verses 8.101–8.102. Yet, in other sections, the text allows either to dissolve
the marriage.

For example, verses 9.72–9.81 allow the man or the woman to get out of a
fraudulent marriage or an abusive marriage, and remarry; the text also provides
legal means for a woman to remarry when her husband has been missing or has
abandoned her.
 MANUSMRITI -DIVORCE
Manusmriti says that for one year let a husband bear with a wife who hates him, but
after (the lapse of) a year let him deprive her of her property and cease to cohabit
with her.

He further states that on being superseded, if a wife, in anger, go away from the
house, she shall be immediately confined.

Even in the case of grievous sins, the woman is not to be turned away, since it has
been laid down that ‘she is to be kept imprisoned in one room’.

The confiscation of her property also is for the purpose of bringing her to her
senses; and it does not mean absolute taking away of all her belongings.
 MANUSMRITI -DIVORCE
She who shows disrespect to a husband- who is addicted to some evil passion, is a drunkard, or diseased, shall be
deserted for three months and be deprived of her ornaments and furniture.

But she who shows hatred towards a mad or outcast husband, a eunuch, one destitute of manly strength, or one
afflicted with such diseases, punished for crimes, shall neither be cast off nor be deprived of her property.

She who drinks spirituous liquor, is of bad conduct, rebellious, diseased, mischievous, may at any time be
superseded by another wife.

A barren wife may be superseded in the eighth year, she whose children (all) die in the tenth, she who bears only
daughters in the eleventh, but she who is quarrelsome without delay.

There is no mention of instances where a woman can stop cohabiting with her husband.

However, she can remarry if the husband is an emigrant and has not returned back for the duration which is
stipulated based on the caste.
 MANUSMRITI-PROPERTY
RIGHTS
After the death of the father and of the mother, the brothers, being assembled, may divide among
themselves in equal shares the paternal and the maternal estate; for, they have no power over it
while the parents live.

(Or) the eldest alone may take the whole paternal estate, the others shall live under him just as they
lived under their father.

As a father supports his sons, so let the eldest support his younger brothers, and let them also in
accordance with the law behave towards their eldest brother as sons behave towards their father.

The eldest son makes the family prosperous or, on the contrary, brings it to ruin; the eldest is
considered among men most worthy of honour.
 MANUSMRITI-PROPERTY
RIGHTS
If the eldest brother behaves as the eldest brother, he must be treated like a mother and like a
father; but if he behaves in a manner unworthy of the eldest brother, he should yet be
honoured like a kinsman.

Either let them thus live together, or apart, if each desires to gain spiritual merit; for by their
living separate their merit increases, hence separation is meritorious.

Manu smriti recognizes property rights of adopted child.

Under 9.185, it is said—‘Sons, and not brothers or fathers, are the inheritors of the father’s
property’—where all sons are declared to be entitled to inheritance. So long as the
‘legitimate’ son is alive, the ‘Kṣetraja’ and other sons are entitled to maintenance only:
PROPERTY RIGHTS – COMPARISON
WITH OTHER AUTHORS
Gautama (28.1).—‘After the father’s death, the sons shall divide his estate.’

Baudhāyana (2.3.3, 8).—‘A father may divide his property among his sons;—while the father lives, the division of the estate can take place only with
his permission.’

Viṣṇu (18.36).—‘Sons who are of the same caste as the father shall receive equal shares.’

Āpastamba (2.13.1-3).—‘Sons begotten in the right manner on a wife of the same caste as oneself have a right to inherit the estate;—if they do not sin
against either of the parents.’

Yājñavalkya (2.117).—‘After the parents, the sons shall divide equally their property as well as their debts; the mother’s property, what remains after
the paying off of the debts, her daughters shall divide among themselves; and in the absence of the daughters, the offspring of their daughters.’

Kātyāyana (Aparārka, p. 12).—‘Partition is ordained only among those sons who have attained their majority;—for males, majority is attained in the
sixteenth year.’

Arthaśāstra (p. 31).—‘During the life-time of the parents, the sons have no right over the ancestral property; after the death of the parents, there is
partition of the ancestral property, and also of the self-acquired property of the father... There shall be an equal division of the property and of the
debt.’

Nārada (13.49-50).—‘After their father’s death, the sons shall succeed to his wealth in order; whenever a superior son is wanting, the one next to him
shall succeed. On failure of a son, the daughter succeeds; because she continues the lineage just like the son.’
 MANUSMRITI-STRIDHANA
Manu says that when their mother dies, all the uterine brothers and sisters should divide the
maternal estate equally among themselves. If those sisters have any daughters, one should joyfully
give them also, as is proper, something from their maternal grandmother's property.

(1) What is given before the fire, (2) what is given at the time of departure, (3) what is given in
token of love, and what is received from (4) the brother, (5) the mother and (6) the father,—has been
declared to be ‘Strīdhana’ (the exclusive property of the woman).

Also the gift that is subsequently made to her by her loving husband, shall go to her offspring, if she
dies while her husband is living.
 MANUSMRITI-STRIDHANA/WOMEN’S
PROPERTY
Thus we can say that the tradition presents six types of women's property:

1. What a woman receives at the marriage,

2. What she receives when she is taken away,

3. What she is given as a token of love,

4. What she receives from her brothers, mother, and father.

5. What she receives subsequent to the marriage and

6. What her husband gives her out of affection— upon her death that property goes to her children even if her
husband is alive.
 MANUSMRITI-STRIDHANA/ WOMEN’S
PROPERTY
It is ordained that the property of women married by the ‘Brāhma,’ the ‘Daiva,’ the
‘Ārṣa,’ the ‘Gāndharva,’ or the ‘Prājāpatya’ form, shall go to her husband alone, if she
dies childless.—(196)

But the property given to a woman on the ‘Āsura’ or other (inferior) forms of marriage,
has been held to belong to her parents, upon her dying childless.(see 3.20-34).

Women must never alienate the common property of the family or even their own private
property without the consent of their husbands.

The ornament worn by the woman during her husband’s life-time, her heirs shall not
divide; if they divide it, they become outcasts.
 MANUSMRITI AND GENDER RIGHTS
Day and night women must be kept in dependence by the males (of) their (families), and, if they attach
themselves to sensual enjoyments, they must be kept under one's control.

In childhood she should remain under the control of her father, in youth under that of her husband, and on
the husband’s death under that of her sons; the woman should never have recourse to independence.

She should not seek separation from her father, husband or sons: by separating, the woman would render
both families disreputable.

Women must particularly be guarded against evil inclinations, however trifling they may appear; for, if they
are not guarded, they will bring sorrow to two families.

She should be always cheerful and alert in household-work; she should have the utensils well-cleaned and in
spending she should be close-fisted.
 MANUSMRITI AND GENDER RIGHTS
Him to whom her father may give her,—or her brother with the father’s permission,—she
shall attend upon as long as he lives, and shall not disregard him when he is dead.

Be he ill-mannered or of licentious habits or destitute of good qualities,—the husband

should always be attended upon like a god by the true wives.

There is no separate sacrificing for women, no observances, no fasting's; it is by means of

serving her husband that she becomes exalted in heaven.

Well might she reduce her body by means of pure flowers, roots and fruits; but she should
not even mention the name of another man, after her husband is dead.
MANUSMRITI AND GENDER RIGHTS

Goddess of Chastity
Global Symbol of Justice
Tamil Epic Silappatikaram
 MANUSMRITI AND GENDER RIGHTS
Considering that the highest duty of all castes, even weak husbands (must) strive to guard their
wives.

He who carefully guards his wife, preserves the purity of his offspring, righteous conduct, his
family, himself, and his means of acquiring merit.

The husband, after conception by his wife, becomes an embryo and is born again of her.

Let the husband employ his wife in the collection and expenditure of his wealth, in keeping
everything clean, in the fulfilment of religious duties, in the preparation of his food, and in
looking after the household utensils.

If the husband went abroad for some sacred duty, she must wait for him eight years, if he went to
acquire learning or fame six years, if he went for pleasure three years.
 MANUSMRITI AND GENDER RIGHTS
But a sick wife who is kind to her husband and virtuous in her conduct, may be superseded
only with her own consent and must never be disgraced.

If twice-born men wed women of their own and of other lower castes, the seniority, honour,
and habitation of those wives must be settled according to the order of the castes /varna.

Among all twice-born men the wife of equal caste alone, not a wife of a different caste by
any means, shall personally attend her husband and assist him in his daily sacred rites.

But he who foolishly causes that duty to be performed by another, while his wife of equal
caste is alive, is declared by the ancients to be as disgraceful as a Kandala.
 MANUSMRITI AND RAJDHRMA
An ideal king, has to be truthful to the social order and should observe justice and dharma by
making sure that the social and economic restrictions placed by the varna order are not broken.

‘The King has been created to be the protector of the castes and orders, who, all according to their
rank, discharge their several duties.’ A just King has to ensure that the castes do not break ranks –
do not intermarry and do not take up occupations which are not prescribed for them.

In addition, in dispensing of justice the King ought to ‘with rigour punish his enemies, behave
without duplicity towards his friends, and be lenient towards the Brahmanas.’
 MANUSMRITI AND RAJDHRMA
Punishment is considered as the means to make people obey their duties and ensure social order. To
men who act unlawfully, he shall mete it out appropriately, having carefully considered the time and
place, as also the strength and learning.

In its explanation, Yajnavalkya said the king shall inflict punishment upon those who deserve it,
after duly taking into consideration, the crime, the place and the time, as also the strength, age, act
and wealth of the culprit. When Punishment is inflicted without due consideration of time, place
etc., there is destruction of the whole kingdom along with the King and together with all animals
and immovable things.

Punishment governs all creatures; Punishment alone protects them; Punishment lies awake
while all are asleep; the wise regard Punishment as Law itself.
 MANUSMRITI AND RAJDHRMA
In order to carry out the everyday administration of the state, the Manusmriti offers a great deal of
detailed practical advice to the King regarding appointment of ministers for looking after the
foreign relations, conduct of war, system of spies and other juridical and civil functions.

Manu advices that the King should employ seven or eight ministers from families who have served
him well, who belong to noble (upper castes) families, who are trained in the use of weapons and
whose worth has been proven.

The king should daily consult with them on matters of war, peace, administration of towns
and kingdom, treasury and revenue, defence and tributes. The most important issues should be
discussed with the most trusted and distinguished Brahmin among his ministers.
 MANUSMRITI AND RAJDHRMA
The Laws of Manu advise the King to have skillful and knowledgeable
ambassadors for conduct of diplomacy.

Defence should be the uppermost concern of a kshatriya king and by employing the
four expedients -the principle of saam (conciliation), dam (bribery), bhed
(dissension), dand (force) is to be employed. Force is to be used only when other
three strategies have failed.

A king should only wage war when he is assured of his superiority and his
enemies’ weakness and all other forms of diplomacy have been exhausted.
 MANUSMRITI AND RAJDHRMA
The king should see to it that minors, women, widows, and men of all castes are
not robbed of their property.

Interpretation of the law should only be done by a Brahmin and never by a Shudra.
For ‘The kingdom of that monarch, who looks on while a Shudra settles the law,
will soon sink.

The punishments should follow the caste order, with the leniency being reserved
for the Brahmin and severity for the three lower varnas.

Similarly, Brahmin is exempt from corporeal torture and capital punishment.

 MANUSMRITI-DECENTRALIZATION
The Manusmriti envisages a system of administration which extends from village to the king.

The seventh chapter supplies a systematic contemporary account of the social and religious
institutions of ancient India.

Each community were little republic, and manages its own affairs, so far as it is allowed, having
municipal institutions perfectly effectual for the purposes of self-government and protection.

Its relations with the central Government are conducted by a headman, and its internal
administration by a staff of hereditary officers, consisting of an accountant, watchman,
money-changer, smith, potter, carpenter, barber, shoemaker, astrologer, and other functionaries,
including, in some villages, a dancing girl, and a poet or genealogist.
 MANUSMRITI-DECENTRALIZATION
Each village is a unit of local administration with a lord, who shall report to the
lord of ten villages, who in turn shall report to the overseer of twenty villages.

The lord of the village shall see to it that the expected amount of – food, drink and
fuel – is being supplied from the village under his command to the King.

A minister of village affairs will oversee the functioning of all these lords.

Similarly, a superintendent is to be appointed in each town who shall look after the
work of officials in each department of town administration.
 MANUSMRITI-DECENTRALIZATION
In the centre of two, three, five or hundred villages he shall appoint an
administrator of state supplied with a picket of guards.

Troubles arising in the village, the Village-lord shall himself gently report to the
Lord of Ten villages; and the Lord of Ten villages to the Lord of Twenty, the Lord
of Twenty shall communicate it all to the Lord of Hundred, and the Lord of
Hundred himself shall report it to the Lord of Thousand; and finally to the king.

Those evil-minded (corrupt) persons (officials) who would take money from men
engaged in business shall confiscate the whole property and ordain banishment.
MANUSMRITI-CORRUPTION
 ADMINISTRATION OF
JUSTICE-CONSTITUTION OF COURTS IN
ANCIENT INDIA
In Ancient India King was considered the lord of Dharma and the head of justice.

King’s court was the highest court of appeal.

The court also had original jurisdiction in matters of vital importance. (Dhana Mitra’s Case)

Kings were advised by learned brahmins, ministers, elders and representatives of the trading community.

Next to kings court there was Court of Chief Justice (Pradvivaka).

According to the Nāṭyaśāstra chapter 34. Accordingly, “Those who know well about litigation, and the true
nature of pecuniary transactions, are intelligent, and well-versed in many departments of knowledge,
impartial, followers of Dharma, wise, able to discriminate between good and bad deeds, and are forbearing
and self-controlled, and can control anger, are not haughty and have similar respect for all, should be
placed in seats of justice as judges (prāḍvivāka)”.
 ADMINISTRATION OF
JUSTICE-CONSTITUTION OF COURTS IN
ANCIENT INDIA
Chief Justice court consisted of one Chief Justice and a board of Justice.

All judges were from the three upper castes preferably Brahmins.

The judges were expected to be with high moral qualities and great sense of right and wrong. Kautilya
prescribes fines and even corporal punishment for corrupt judges. Yajnavalkya, Narada and Katyayana
prescribe heavy penalties for sabhyas (associate judges) who were corrupt.

In the village level, the local village councils or kulani with a board of 5 or more members dealt with the
cases.

Village councils dealt with simple civil and criminal cases involving subject matters like irrigation,
cultivable land, small crimes etc.

Some of the judges constituted separate tribunals having specified territorial jurisdiction.
CURRENT STRUCTURE OF INDIAN
TRIBUNAL SYSTEM
Supreme
Court

High
Tribunals
Courts

Subordinate
Tribunals
Courts
 ADMINISTRATION OF
JUSTICE-CONSTITUTION OF COURTS IN
ANCIENT INDIA
One of the fundamental rule of this era was that the administration of justice
is not done by a single judge but by a board of judges or two or more judges.

Brihaspati (I.57-58) maintains that courts of justice were of four kinds :

a) Pratishthita, established in a fixed place such as a town.

b) Apratishthita, not established in a fixed place but moving from place to place.

c) Mudrita, the court of a judge who is authorised to use the royal seal, and

d) Sasita/Sasrita, the court in which the king himself presides.

 COMMENCEMENT OF TRIALS/JUDICIAL
PROCEDURE IN ANCIENT INDIA
Elaborate judicial procedures are given by the Smriti writers.

According to Yajnavalkya (II.8) and Brihaspati (I.17) Vyavahara/suit/trial

consisted of four parts;

Purva-paksha: Filing of the complaint (Plaint)

Uttar-paksha: Filing of the reply (Written Statement by defendant)

Kriyaa: Trial and Investigation of the dispute by the court.

Nirnaya: Decision of the Court (Verdict/Judgement)

 COMMENCEMENT OF TRIALS/JUDICIAL
PROCEDURE IN ANCIENT INDIA
According to the general smriti rule, he who first approaches the court with his
plaint is the plaintiff.

A plaint may be amended at any time before the answer of the defendant has been
filed.

Narada gives the plaintiff the right of keeping the defendant under legal restraint
which includes such processes as arrest before judgment or temporary injunction
till the arrival of the king’s summons so that the defendant cannot abscond.
 COMMENCEMENT OF TRIALS/JUDICIAL
PROCEDURE IN ANCIENT INDIA
Both the parties are given full opportunity to prove their cases by producing
evidence.

According to Brihaspati, ‘A judgment should not be passed in reliance upon the

text of the sastras alone, for a trial of a case without taking account of the
circumstances of a case leads to a loss of Dharma.’

Evidences were documents or witnesses.

In Civil cases the court considered the qualification of the witnesses where as in
Criminal cases the circumstantial evidence was sufficient to punish the offender.
 MANUSMRITI-CONSTITUTION OF THE
COURT OF JUSTICE
Desirous of investigating cases, the king shall enter the court, with a dignified manner, along with
Brāhmaṇas and councillors, versed in counsel.

He shall look into the suits—day after day, one by one,—falling as they do under eighteen
heads,—according to principles deduced from local usage and from the scriptures.

When he himself may not carry on the investigation of suits, he shall appoint a learned Brāhmaṇa to
do the work of investigation.

If the Brāhmaṇa is not learned enough, the King should appoint a Kṣatriya or Vaiśya learned in the
legal law;—but he shall always avoid the Śūdra.
 MANUSMRITI-CONSTITUTION OF THE
COURT OF JUSTICE
In a court where Justice is pierced by Injustice, and the members of the Court do not remove that
dart, these members also become pierced.

Where justice is destroyed by injustice, or truth by falsehood, while people are looking on, —there
the members of the court also are destroyed.

Justice, blighted, blights; and justice, preserved, preserves; hence justice should not be blighted.

Morality (Justice) is the only friend who follows one even after death; everything else perishes
along with the body.

One-quarter of the Injustice falls on the man who commits it, one quarter on the witness, one
quarter on the members of the Court and one quarter on the king. (sin).
 MANUSMRITI-THE EIGHTEEN HEADS OF
DISPUTE
1) Non-payment of Debt; 10) Disputes regarding Boundaries,
2) Deposits, 11) Assault, physical and verbal,
3) Selling without ownership, 12) Defamation
4) Joint concerns, 13) Theft,
5) Non-delivery of what has been given 14) Violence,
away
15) Adultery
6) Non-payment of wages,
16) Duties of man and wife,
7) Breach of Contract,
17) Partition, and
8) Recission of Sale and Purchase,
9) Dispute between the Owner and the 18) Gambling and Betting
Keeper
MANUSMRITI-COMMENCEMENT OF TRIALS
The King should enter the Court modestly, together with the Brāhmaṇas with the object of
investigating cases, he should proceed with the work after taking the seat of justice.

In the event of several suitors coming up at the same time, he shall take them up in the order of their
castes; but this order of investigation based upon castes is to be observed only when the troubles of
all the suitors are of the same degree; when, on the other hand, the business of the lower caste is
very urgent or very important, then this should he taken up first.

He shall discover the internal disposition of men by external signs: by variations in their voice,
colour and aspect, as also by means of the eye and by gestures.
 MANUSMRITI-PROTECTION OF INTEREST
OF MINORS AND WOMEN (VERSE 8.27-8.29)
The king shall take care of the property owned by a minor, till such time as he may
return from the teacher’s house, or till he may have passed his minority.

There shall be similar protection in the case of barren women, of son-less women,
of women devoted to their husbands, and of widows faithful to their husbands,
—when their family is extinct, and when they are in distress. While the woman is
alive, her husband or sons or brother-in-law or relations have no power over her
strīdhana; if they take it from her, they should be punished.
 MANUSMRITI-EVIDENCE (VERSES 8.61-8.78)
I shall declare now what sort of persons should be made witnesses in suits by wealthy men
(creditors), and how the truth should be told by them.

Householders, men with sons, respectable natives, and men of the kṣatriya, vaiśya and śūdra castes
are competent to act as witnesses, when cited by suitors;—and not any and every person, except in
emergencies.

In all law-suits trustworthy men of all the castes, fully conversant with morality and free from greed,
should be made witnesses; the reverse of these should be avoided.

Neither interested persons, nor relations, nor helpers, nor enemies, nor persons of proved corruption,
nor those afflicted with disease, nor the corrupted should be made witnesses.
 MANUSMRITI-EVIDENCE (VERSES 8.61-8.78)
The king should not be made a witness; nor craftsmen, nor actors, nor a Vedic scholar, nor one in
holy orders, nor one who has renounced all attachments.

Not one wholly dependent, nor one under pupillage, nor a paid servant, nor one who adopts
forbidden occupations, nor one too old, nor a minor, nor a single person, nor one belonging to the
lowest class, nor one with defective organs;

Nor one afflicted, nor one intoxicated, nor one demented, nor one tormented by hunger and thirst,
nor one oppressed by fatigue, nor one tormented by love, nor one who is in a rage, nor a thief.

Woman should give evidence for women; and for twice-born persons similar twice-born men,
virtuous śūdhas for śūdras, and men of the lowest caste for the lowest men.
 MANUSMRITI-EVIDENCE (VERSES 8.61-8.78)
In the case of anything done in the interior of a house, or in a forest, or in the case of injury to the
body,—any person who may be cognisant of the facts may give evidence on behalf of the parties to
the suit.

In the event of (proper witnesses) not forthcoming, evidence may be given by a woman, by a minor,
by an aged person, by a pupil, by a relative, by a slave, or by a servant.

In the event of minors, aged and diseased persons deposing falsely in their evidence, the Judge
should make up his mind regarding the speech being irregular; so also in the case of men with
disordered minds.

In all cases of violence, of theft and adultery, and of assault, verbal and corporeal,—he shall not
investigate the character of the witnesses.
 MANUSMRITI-EVIDENCE (VERSES 8.61-8.78)
On a conflict among witnesses, the king shall accept the majority; in the case of equality (of
number) those possessed of superior qualifications; and in the case of conflict between equally
qualified witnesses, the best among the twice-born.

A witness asserting, in an assembly of noble men, anything apart from what he has seen and heard,
falls downwards into hell after death and becomes shut out from heaven.

Even though not put down as a witness, if a person happens to see or hear anything in regard to a
case,—when he comes to be questioned about it, he should speak out exactly as he has seen or heard
it.
MANUSMRITI-EXHORTATION AND EXAMINATION
OF WITNESSES (VERSES 8.79-8.101)
The investigating Judge shall question the witnesses assembled in the court, in the
presence of the plaintiff and the defendant, gently exhort them by asking “ What
you know of the mutual transaction between these two persons regarding this
suit,—all that may you declare freely; since you are witnesses in this matter”.

By truth is the witness purified, by truth does merit grow: hence the truth should be
spoken by witnesses of all castes

The sinners indeed think that “no one sees us”; but the gods see them, as also their
own inner personality
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
Manu Svāyambhuva has named ten places for punishment, where it should be inflicted in the case of
the three castes; but the Brāhmaṇa shall depart unscathed. (1) The genital organ, (2) the stomach, (3)
the tongue, (4) the hands, (5) the feet, (6) the eye, (7) the nose, (8) the ears, (9) the property and (10)
the body.

Bṛhaspati (27.9-10).—‘Both hands, both feet, the male organ, the eye, the tongue, the ears, the nose,
the neck, the half of the foot, the thumb and the index finger, the forehead, the lips, the hind part and
the hips;—these fourteen spots of punishment have been indicated. For a Brāhmaṇa, branding on the
forehead is the only kind of punishment. A Brāhmaṇa, though a mortal sinner, shall not suffer
capital punishment; the King shall banish him and cause him to be branded and shaved.’

For killing, capital punishment.

 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
For Breach of Contract: Person is banished from the place

Rescission of Sale: If, after having bought or sold anything, one should repent of it,
he may return or take back that thing within ten days. But after ten days, he shall
neither return nor take it back; he who takes it back, as well as he who returns it,
should be fined by the king six hundred. If a man gives a defective damsel, without
mentioning the defects, he should be punished by the king himself with a fine of
ninety-six ‘paṇas.

If a man, through malice, speaks of a maiden as ‘not a virgin’ he should receive the
punishment of one hundred, if unable to prove her impurity.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
3.Verbal Assault (Verse 8.267-Abuse and Defamation): On abusing a Brāhmaṇa the Kṣatriya should be fined
one hundred; and the Vaiśya one hundred and fifty; or two hundred; the Śūdra however deserves immolation.

For abusing a Kṣatriya, the Brāhmaṇa should be fined fifty; and in the case of a Vaiśya, the fine shall be
twenty-five; and in that of a Shudra, twelve.

Among twice-born men, when there is offence against an equal, the fine is twelve only in the case of
unutterable abuses, it shall be double.

If Sudra mentions the name and caste of these men with disrespect, a burning iron nail ten inches long shall be
thrust into his mouth.

He who, through arrogance, speaks falsely regarding the learning, the habitat, the caste, the occupation, or the
bodily details (of another person), should be made to pay a pine of two hundred.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
4. Physical Assault

With whatever limb the low-born man hurts a superior person, every such limb of his shall be cut off; this is the teaching of
Manu. If he raises his hand or a stick, he should have his hand cut off; if he strikes in anger with the foot, his foot shall be cut
off.

If a low-born person tries to occupy the same seat with his superior, he should be branded on the hip and banished; or the
king shall have his buttocks cut off.

If he catches hold of the hair, the king shall unhesitatingly have his hands out off; also if he lays hold of the feet, the beard,
the neck, or the scrotum and so on.

When a hurt has been inflicted on men or animals, with the motive of causing pain, the king shall inflict punishment in
proportion to the greatness of the pain caused.

In the case of hurting petty animals, the fine is two h undred; and fifty in the case of the auspicious quadrupeds and birds. In
the case of donkeys, goat and sheep the fine shall consist of five ‘māṣas’; and the fine shall be one ‘māṣa’ for the killing of a
dog ok a pig.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
5.Theft

The King shall, make the best efforts for suppressing thieves; by the suppression of thieves comes fame and the
kingdom prospers. The King who imparts security is ever to be honoured; his sacrificial session constantly
prospers, accompanied as it is by the gift of ‘security.

The king, who, without affording protection, takes tributes, taxes, duties, presents and fines, would
immediately sink into hell.

The thief becomes absolved from the theft, either through punishment or through acquittal. By not punishing
the thief, the king imbibes the guilt of the thief. Men who, having committed crimes, have been punished by
Kings, become freed from guilt and go to heaven, just like well-behaved good men.

When one steals the rope or the water-pot from the well, or damages a water-drinking establishment, he should
be punished with a fine of one ‘māṣa,’ and should restore the article to the place.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
There shall be ‘immolation’ for one who steals more than ten jars of grain; in other cases he should he made to pay eleven
times as much, as also make good the property to the owner.

For stealing noble men, and specially women, and the precious gems, the thief deserves ‘immolation.’ For the stealing of
large animals, of weapons or medicines, the king shall determine the punishment, after considering the time and the purpose.

For stealing cows belonging to a Brāhmaṇa, and for piercing them with the goad, and for stealing animals, the thief should be
immediately made half-footed.

In the case of the theft of yarns, cotton, fermenting drug, cowdung, molasses, curds, milk, skimmed curd, water and
grass,—of vessels made of bamboo or cane, as also of salts, earthenware, earth and ashes—of fish, birds, oil, clarified butter,
meat, honey, and other animal-products —of other things of this kind, spirituous liquors, cooked rice and all kinds of cooked
food,—the fine shall be double the value of the thing stolen.

For husked grains, for vegetables, roots and fruits, there shall be a fine of a hundred, in a case where there has been no
propitiation; and fifty, where there has been propitiation.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
6. Violence

He who commits violence is to be regarded as the worst offender, as compared to one who is wicked of speech, to a thief and
to one who hurts with a staff.

The king who condones the perpetrator of violence quickly falls into destruction and incurs hatred.

Neither for the sake of friendship, nor for the sake of a large gain of money, should the king let off the perpetrators of
violence,

7. Adultery

Those men who are addicted to intercourse with the wives of other men, the king shall banish after having branded them with
terror-inspiring punishments.

A man who engages in secret conversation with the wife of another person,—if he is one who has been previously accused of
similar offences,—should receive the penalty of the ‘first amercement.’ If, however, he is one who has not been previously
accused, and converses with her for some good reason, he does not incur any guilt; as in his case there has been no
transgression.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)

He who converses with ‘another’s woman’ at a watering place, or in a wilderness, or in a forest, or at the confluence of rivers,—incurs the guilt
of ‘adultery.’

Offering help, flirting, touching of ornaments and clothes, sitting on the same bed,—all this has been declared to be ‘adultery.’

If one touches a woman in an improper place, or condones it when touched by her,—all this, when done with mutual consent, has been
declared to be ‘adultery’

In a case of adultery, a non-Brāhmaṇa deserves the penalty ending in death; as the wives of all the four castes are always the most deserving of
protection.

If a man of equal status violates an unwilling maiden, he deserves immediate death; but if he violates a willing one, he shall not suffer death.

If a maiden approaches a superior person, she shall not be made to pay anything; if however she courts an inferior person, she shall be kept
confined in the house.

An inferior man courting a superior maiden deserves death; he who courts a maiden of equal status, shall pay the nuptial fee, if her father so
wishes.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
But if a woman pollutes a maiden, she deserves immediate shaving off, or the amputation of two fingers, and also being carried by a donkey.

If a woman, proud of relations and her qualities, passes over her husband, the king shall have her devoured by dogs in a place frequented by
many.

If the convicted man is accused again within a year, he shall be punished with a double fine. the same also in the case of intercourse with a
‘vrātyā’ or a ‘chāṇḍālī.’

A śūdra having intercourse with a twice-born woman, protected or unprotected, shall be deprived of his limb and his whole property, in the
case of the unprotected woman, and of everything in that of the protected.

If the Vaiśya and the Kṣatriya have intercourse with an unprotected Brāhmaṇa woman, the Vaiśya should be committed with five hundred and
the Kṣatriya with one thousand.

Verily he shall not kill the Brāhmaṇa, even though he be steeped in all crimes; he should banish him from the kingdom, with all his property
and unhurt.

If a Vaiśya approaches a protected Kṣatriya woman, or the Kṣatriya a Vaiśya woman,—both these deserve the same punishment as that in the
case of an unprotected Brāhmaṇa woman.
 MANUSMRITI-PUNISHMENT(VERSES 8.79-8.101)
The Brāhmaṇa having intercourse with the said two, when protected, should be made to pay a fine of one thousand; the fine for the Kṣatriya
and the Vaiśya approaching a Śūdra woman, should be one thousand.

In the case of the Vaiśya approaching an unprotected Kṣatriya woman, the fine shall be five hundred; but the Kṣatriya may suffer tonsure or the
fine.

The Brāhmaṇa, approaching an unprotected Vaiśya or Kṣatriya woman, should be fined five hundred, and one thousand for approaching a
woman of the lowest order.
THANK YOU