INTRO

Manu - first human being & lawgiver / not a historical man, but mythological
figure
Work - Manusmriti has12-chapter
Subject cover - Origin of state, duties & Rules for kings, advice for statecraft /
Social laws (Conduct of 4 social classes & rule of their interaction / civil laws
(conduct of 4 stages of life) / Position & role of women
Features - Authoritative text / Concern with dharma / Reflect ideas & practices
of ancient India, not complete original / Laws for pol & personal sphere /
Response to Buddhist challenge to Veda’s assumptions (law of fishes) / work of
several Brahmins, to preserve their privilege position
Source of laws - it claims to divine knowledge (Vedas) as source. Thus,
command unquestioned obedience thereby ensures privileges to dominant class
Significance - Nietzsche praise it & use it to criticize Christianity

RAJDHARMA – statecraft
Deals in 7 chapter, gave first systematic science of govt & admin
Origin of state - Divine right theory, God create king by combine part of
different deities to end anarchy mention in Vedas as laws of fish. / King Duties
to protect peoples, maintain social order of 4 class, thus protect dharma by just
use of danda / Peoples’ obligation to give tax. Absolute obligation to king, to
respect as deity in human form. Thus, blame to protect kings’ empire & to
counter Buddhist theory of contract
Structure of state - 7 elements include King, Ministers, Capital, Kingdom,
Army, Treasury, Ally / Organic theory as state compare with human body / All
are essential for state & complementary to each other / same as kautilya, but
replace capital and kingdom with fort & Janpada
Qualities of Ideal king
• Kshatriya / follow learned Brahmins / self-control over senses / ideal man
with high moral & intellect / treat all equally / As a deep ocean jewels &
trouble within it but calm on surface.
• Cultivate virtue - free from corruption / remain true to 4 pursuits of life –
dharma, Artha, kama, moksha / as executive qualities of 4 pol expedients
– Sama, Dana, Bheda, Danda
 • Avoid vice which make him incapable to rule - sexual desire, excess
hunting, gambling, anger & greed
8 duties of king
• Executive – protection to all people from anarchy (law of fishes) /
manage to maintain social order of 4 classes (ensure castes not intermarry
and not take occupation of other caste)
• Judicial – king along with Brahmanas and councilors, make judgement
only based on proofs, ensure no injustice
• Legislative – limited role of make ordinances for administrative purpose
in accordance with dharma & advise of brahmans, as the rules for general
administration and conduct in society already given in ancient texts
• Administrative - task to make all appointments, including crucial
appointments of ministers.
• Ecclesiastical - to appoint the chief priest, perform his domestic rites,
provide him guidance about dharma
• Revenue - fix rates of taxes, control inflation on necessary goods, make
treasury for difficult time, charge extra in emergency
• Military – kshatriya dharma to fight in battle, not to leave from
it/equipment, reward, salary to army
• Enlightened – respect brahmin and his advice learn in Vedas

Practical advice to King – statecraft

On Organization of govt & system of administration

Council of ministers - Reject arbitrary rule / 8 to 10 ministers for different
department to advise king / Qualities - noble family, loyal, learned in Vedas,
familiar with problems / 2 types, first hold post hereditarily & second by
efficiency / 4 criteria for appointment include traditional, ability, examination,
fulfilment of objective, test of courage
Local administration - Prime unit of local admin is village with headman, then
at higher level at 10, 20, 100 villages. All are placed under minister / Then
superintendent look for administration in each town.
Army midst of villages to protect kingdom
System of spies - to keep eye internally to make king cautious of get assassin /
externally about enemies’ plans
System of taxation - 7 kinds of taxes / To impose moderate taxes like bee /
honest administration to collect taxes / No tax from brahmin / Introduce new
taxes during emergency and the rates of each tax can varied with time
Policy related to land & wealth: Acquisition – Protection – Increase by different
means – gift to the deserving.
Interstate relation – Ambassadors to conduct of diplomacy, make allies for king,
gave information’s
• / 6 elements of diplomacy – Treaty, war, neutrality, preparing for war,
seek protection of others, duplicity by peace with one and war against
other. Treaty - King should prefer acquiring ally over money or land from
3 objective of treaty after battle (acquire ally, money, land)
• Compare with kautilya - Favor diplomacy for balance of power & more
ethical in nature, self-defense and friendship / Not for expansion &
political in nature as kautilya.

Public safety - Detect thieves

Danda & its use - created to protect people, maintain social order by deter or
warn bad elements. / Keep all awe for who use it / King must use it impartially,
justly after investigation based on evidence, if use unjustly it destroys king &
his kingdom / No one is discharged from it, it fears all - Officials remain
indifferent to their duties should punish for actions or inactions / rich by seize
property
Juridical function - Justice means maintenance of four varna order. / Court of
justice include king, Brahmanas and councilors, Responsibility is of king but if
he is absent, then responsibility devolve to brahmin with 3 assessors. / 18
Matters of civil concern. / Interpretation of the law only by a Brahmin and never
a Shudra. / Witness - Man of all caste, but sick men, women only in specific
case. / Nature of Punishments according to caste - Moderate for brahmin, strict
for other three varnas, Special restrictions on Shudras

Q - Critically discuss Nature of social order emphasis by Manu

Q - Examine the social laws of Manu as explained in Manusmriti
Social laws

focus on social aspect than state, unlike Arthashastra / Primacy of dharma over
Artha, kama / Vedas is source of dharma / King duty to secure social order in
accordance with dharma through danda
• On hierarchy of caste sys, restrict their interaction, mix of their
occupation & inter marriage
• women

Functional division of society in 4 varnas & arrangement of human life into 4

ashramas is at the core of Manusmriti.
swadharma is attached to one’s stage in life & one’s location in the varna
system

Varnadharma
Functional division of society –
Use myth of Brahma produces 4 varnas from differ parts of body, to give it
legitimacy / Division based on birth with no possibility of mobility. (Unlike
earlier merit-based division)
Different capacity to perform different function - Brahmanas were virtuous to
impart knowledge, Kshatriyas brave to protect others, Vaishyas to produce
goods and services Shudras to serve other three varnas by labor.
Create Hierarchy – brahman is superior due to knowledge & purity, kshatriyas
at 2 due to little self-interest, Vaishyas at 3 due to self-interest, shudras are
lower
Strict code of conduct as per varna (indicate superiority of brahmin)
Their Names should donate reverence, power, wealth, insult, respectively. On
brahmin - Uneducated brahmin can guide king / king respect child brahmin as
father / Country with no brahmin will destroy. On Shudras - Shudras are unfit
for education & to rule, leave country if shudras is ruler, country with majority
shudras will destroy
Punishment differs for same crime as per caste of criminal – moderate or
exception for brahmin, strict for other three varnas. For shudras - Cut off tongue
if insult high caste man / Pour burn oil in mouth and ears if claim to knowledge
or teach religion / death sentence and seize property if intercourse with high
caste women. For brahmin - No capital punishment to brahmin / Banish
Brahmin if gave false evidence, while other 3 should fine & banish / Fine if
brahmin enslave brahmin
Special restrictions - Prohibit inter caste marriage, inter dinning, restriction
profession as per caste

Ashrama dharma
Structure to live balanced life btw enjoy of material and spiritual. Compulsory
for first 3, expect shudras. 4 division – brahmacharya, grihastha, vanaprastha,
sannyasa
1 stage till age of 25 as student dedicate to learning, no family. Live disciplinary
life as teacher teach & avoid physical & material pleasure. Get food as charity,
prepare for extremities of life
2 stages till 50, get married & have family. Enjoy material pleasures, perform
duties of family & society. Undertake 13 samskaras. Only legitimate type of
marriage out of 8.
3 stages till 75, transfers all duties and responsibilities to his son. Prepares for
last stage – live simple life, give up worldly pleasure & engage in spirituality.
4 stages give up all worldly affairs, journey of alone to achieve salvation

Marriage – use to maintain the superior position of the higher caste male. /
Woman can marry in her own caste and higher castes whereas man may marry
within his caste or lower castes. (Brahmin first marriage with brahmin, other
may with lower caste) / Out of 8 rituals of marriages - First 6 for brahmin, Last
4 for kshatriya, Last 4 expect rakshasa for Vaishya, shudras
Types of marriage
▪ Gift with jewelry to brahmin
▪ Gift with ornament to priest
▪ In return of cow & bull
▪ Gift with bless & honor
▪ Gave wealth to her
▪ Voluntary union
 ▪ Forcibly by kill her relative
▪ Make relation with intoxicate women

Q - Discuss dimensions of Varna and gender in Manusmriti?

Q - Examine the relationship between caste and gender in Manusmriti
Women & social laws
Controversial proposals for women
Ideal & natural condition - Women should be respected, should enjoy equal
status with husband as wife. / But women depend on men for protection at
different stages of lives, because of physical incapability
Denigrate women personality - lead man away from dharma, gave him sexual
desires / Men should not marry women with some specific physical attributes
like excess or no hair, red hair, or eyes / Mensurate women as impure, restrict to
enter in special occasions.
Duties - Take pleasure as property of men in different ages like father in child,
husband in young, son in old / Manage household work cheerfully /
Unconditionally serve to her husband whether has no good qualities / be loyal
as her salvation depends on worship of husband / Give birth to a male child, (if
not child husband is advised to go for another marriage) / Widowed women not
to remarry after husband death, not vise versa. / Eat food include flowers, roots
of vegetables and fruits.
Marriage – If higher man marries lower woman led to degradation of next
generations, God does not accept his offerings.
Control over women – need to control women to keep varna boundaries &
control their body & labor for men’s pleasure / Men of all caste must control
women / Not by force, but by responsibility to by keep everything clean (guard
herself)

Mixed caste - Perfect order is ideal (to maintain strict boundaries of profession
& marriage) / Inter-caste marriages lead to mixed castes e.g., (higher caste man
and a lower caste woman led to base-born & lower caste man and higher caste
woman, leads to more base) / Manu identify possible number of castes can
produced & fix their occupation, position in order, restrictions on them