Vedic Tradition of Law & Legal System

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Veda, the oldest Prajna is the most authentic repository of knowledge to support mankind in every pursuit of life. Shruti, Smriti, Digests and Commentaries significantly recapitulate this Vedic wisdom in the multiple field of knowledge includes spirituality, culture, philosophy, art, aesthetics, trade, management, human health, law, material sciences, to name a few. In addition, Apara and Para Vidya, two core mainstay of ancient knowledge, collectively signify deh and dehi of the entire Indian tradition. Manu delineates Veda, tradition, the conduct of good people, and what is pleasing to oneself, the source of law. This Vedic wisdom is the real scientific Jnana for the individual enlightenment, societal betterment and good governance of the State and enriches in the form of Vedic tradition and literatures.

The profound contribution of Vedic tradition and literatures woefully received least recognition in the academic sphere in India. Consequently, generations have been deprived from enormous knowledge of our revered intellects and their exceptional work. For academic and practical references, the Western philosophy has been accounted at the largest extents, and awfully under mines scientific contribution of Indian tradition knowledge. However, it is evident that the modern Western jurisprudence is undergoing in a deep crisis despite creating a host of schools and theories. Notably, solutions to vital problems of the present day lie in the synthesis of Para and Apara Vidya of knowledge. Moreover, Vedic wisdom, and its potential application in the field of law to develop modern jurisprudence, is the best possible way forward to resolve issues and challenges in the political and social sphere. This book Vedic Tradition of Law & Legal System & Legal System makes an attempt to strive the vision ascribed by our revered intellects. This endeavor covers various perspectives, dimensions, usability and applicability of Vedic literatures in the field of law and legal practices. It comprehends the subject-matter into five heads viz. Dimensions of Vedic Jurisprudence & Tradition, the Constitution and Environmental, Concern in Vedic Tradition, Family Law Perspective in Vedic Tradition, Criminal Law Perspective in Vedic Tradition and Commercial Law Perspective in Vedic Tradition. Thirty-five chapters of this book analyse diverse area of law fields showcase invaluable presence of law in Vedic tradition pursuits. pursuits.

Prof. Upendra Kumar Tripathi is Coordinator at Centre for Vedic Sciences, Banaras Hindu University, Professor and (Ex. Head) Department of Vedas, Faculty of SVDV, BHU and Chairman, Mahamana Malaviya Mission BHU Unit. He has authored many books including 'Yajurveda Mein Paryavaran', 'Janmotsav Vedicvidhi', 'Shiv-Sankalp' 'Vedon Me Paryavarniya Chetand', 'Vedic Sanskriti Vimarsh', to name a few; and contributed many research papers published in National and International Journals. He is President Awardee and received Mahrishi Badrayan Vyas Samman in the year 2013, Veda Pandit Puraskaar in the year 2000 by Uttar Pradesh Sanskrit Sansthan, Bhagwan Das Puraskar in the year 2020 by the Uttar Pradesh Hindi Sansthan, including other 22 awards and medals from reputed institutions. He has also been recognized and honoured by Shri Geeta Bhavan Birmingham, UK in the year 2019. He chaired as Convener and Organizing Secretary in many International and National Seminars. He has also participated in more than 100 National and 20 International Seminars as Keynote Speaker, Session Convener, Session Head and Paper Presenter.

Dr. Anoop Kumar is Assistant Professor at Faculty of Law, Banaras Hindu University and Course Coordinator of PG Diploma on Vedic Jurisprudence at the Centre for Vedic Sciences, BHU. He pursued his LL.M. and Ph.D. from Faculty of Law, BHU in the year 2012 and 2016 respectively. He was awarded the Doctoral Fellowship by the Indian Council of Social Science Research (ICSSR), New Delhi in the year 2015, UGC Research Fellowship in the year 2012 and UGC Merit Scholarship during 2008-2009. He is an editor of 'Paryavarniy Vidhi: Chunootiya, Vishalesana aur Bhavishya' book on Environmental Law and has written many research papers published in various Indian journals. He worked as an organizing secretary of two day National Workshop on Vedic Jurisprudence & its Impact on Contemporary World, organized by Centre for Vedic Sciences, BHU. He has participated and presented research papers in more than 25 National and International Seminar and Conferences. Traditional Hindu Law, International Trade Law, Criminology and Penology are some of his research areas.

Veda, the oldest Prajna is the most authentic repository of knowledge to support mankind in every pursuit of life. Shruti, Smriti, Digests and Commentaries significantly recapitulate this Vedic wisdom in the multiple field of knowledge includes spirituality, culture, philosophy, art, aesthetics, trade, management, human health, law, material sciences, to name a few. In addition, Apara and Para Vidya, two core mainstay of ancient knowledge, collectively signify deh and dehi of the entire Indian tradition. Manu delineates Veda, tradition, the conduct of good people, and what is pleasing to oneself, the source of law. This Vedic wisdom is the real scientific Jnana for the individual enlightenment, societal betterment and good governance of the State and enriches in the form of Vedic tradition and literatures.

Gautama Dharmasutra evokes Veda as the source of dharma and tradition. The Sanskrit term 'dharma' synonym for 'Law', however, is not entirely commensurate. The word 'dharma defies all attempts at an exact meaning in English or any other language. This comprehensively possesses diverse references includes ordinance, usage, duty, right, justice, morality. virtue, religion, good work, etc. For the present endeavors, we comprehend 'dharma' as the duties, obligations and privileges of a man, his standard of conduct as a member of the community, and stipulated principles or rules of conduct. It may be noted that Narada and Brhaspati Smritis, carrying the separation of law from religion, morality, deal exclusively to the law, particularly to civil law.

The profound contribution of Vedic tradition and literatures woefully received least recognition in the academic sphere in India. Consequently, generations have been deprived from enormous knowledge of our revered intellects and their exceptional work. For academic and practical references, the Western philosophy has been accounted at the largest extents, and awfully undermines scientific contribution of Indian tradition knowledge. However, it is evident that the modern Western jurisprudence is undergoing in a deep crisis despite creating a host of schools and theories. Notably, solutions to vital problems of the present day lie in the synthesis of Para and Apara Vidya of knowledge. Moreover, Vedic wisdom, and its potential application in the field of law to develop modern jurisprudence, is the best possible way forward to resolve issues and challenges in the political and social sphere.

This book Vedic Tradition of Law & Legal System makes an attempt to strive the vision ascribed by our revered intellects. This endeavor covers various perspectives, dimensions, usability and applicability of Vedic literatures in the field of law and legal practices. It comprehends the subject-matter into five heads viz. Dimensions of Vedic Jurisprudence & Tradition, the Constitution and Environmental, Concern in Vedic Tradition, Family Law Perspective in Vedic Tradition, Criminal Law Perspective in Vedic Tradition and Commercial Law Perspective in Vedic Tradition. Thirty-five chapters of this book analyses diverse area of law fields showcase invaluable presence of law in Vedic tradition pursuits.

The Vedic knowledge subject-matter is comprehensive, beyond the purview of any manuscript, here firstly, we wish to place on record our highest appreciation to all contributors for their efforts, dedication, patience, enthusiasm and cooperation to accomplish this immense assignment. We hope this academic feat would ignite academic debate, discussion and deliberations among scholars over legal knowledge in our Vedic Tradition.

The Omnipotent, Omniscient and Omnipresent ""Lord Siva"", the supreme force with us throughout this endeavor, we bow down our heads before the 'Almighty. We pay our reverence to Mahamana Pandit Madan Mohan Malviya ji, the great visionary and founder of the Banaras Hindu University. We thankfully acknowledge assistance and cooperation of the members of the Centre for Vedic Science. We must express our profound sense of gratitude to Justice Shard Arvind Bobde for his blessings.

We are thankful to Dr. Laxman Singh Rawat, Assistant Professor, Faculty of Law, Banaras Hindu University for his invaluable and consistent cooperation. We also appreciate contribution of Mr. Pratyush Pandey, Miss. Shreya Singh, Mr. Rohit Pandey in preparing the manuscript of this book. Thanks to Bharati Prakashan for the cooperation in printing the book in time.

The book is useful for researchers, teachers, scholars as well as any person who wants to know the glorious legal tradition of Bhartvarsa and willing and working in transformation of the present legal system.

The Para Brahman who is the Supreme Consciousness, the Protector, the basis of all life, self-existent, free from all pains, contact frees the soul from all troubles, who pervades the Universe and sustains all, the Creator and Energizer of the whole Universe, the Giver of happiness, who is worthy of acceptance, who is Pure and the Purifier of all and the most excellent.

ॐ पूर्णमदः पूर्णमिदं पूर्णात्पूर्णमुदच्यते

पूर्णस्य पूर्णमादाय पूर्णमेवावशिष्यते

ॐ शान्तिः शान्तिः शान्तिः ।।

Veda is the root of Dharma. Gautama delineates Veda as the source of dharma and tradition. In Indian tradition, dharma recognizes as law and ethics, prescribes the ideal model to a Nation, Society, Family and Individual. This expression is of wide import and means the aggregate of duties, obligations, religious, moral, social and legal dimensions of society. Law is not autonomous, standing outside of the social world, but is deeply embedded within society. The normative structure and ideology of Indian society was followed in the societal context, presents the historical perspective of Vedic tradition. This suggests the social integration through language, custom and the role of State does not depart from it. Historical researchers have brought to light a wealth of variegated material that contributed to the growth of the Vedic tradition of law. The synthesis of Vedic tradition based system requires progressive construction to rejuvenate social, cultural and legal matrix.

This present volume on ""Vedic Tradition of Law & Legal System is a profound step to put up a new insight in modern legal tradition, comprehends the subject-matters over Vedic Jurisprudence, the Constitution, Environmental Concern, Family Law, Criminal Law and Commercial Law. I congratulate the editors, contributors and the Centre for Vedic Sciences, Banaras Hindu University for this mammoth attempt to contribute in knowledge database. I wish all success for this academic endeavor.

Upendra Kumar Tripathi & Anoop Kumar

Veda, the core of the Vedic tradition, is of supreme, eternal and immutable Jnana. The Jaimñi Sutra postulates three propositions, first, what is good for man can be learnt from the Vedas; secondly, it can be learnt from the Veda only; and thirdly, whatever the Veda says must be true. Vedas, as the source of law provides foundation for the evolution of law. Veda, Samhita, Brahmana and Upanisad primarily constitute foundation of Vedic tradition of law. This knowledge database is utmost significant for the welfare of individuals in present day social order and State structure. In addition, Samhita consists of injunctions of sacrificial acts and the several details bearing upon those acts. The Brahmana contains explanations of legends, myths, notes on the performance of rituals, as well as explanations of particular sacred words from the Vedas. More commonly, it is used to refer to the explanation and meaning of a sacred word. The Upanisad, comprise of the concluding portions of the Vedas, they are called Vedanta ie. the conclusion of the Vedas, and serve as the foundational texts in the theological discourses of Vedic traditions.

Bharatvarsh flourished with the authoritative character of the Smritis, they provide knowledge about law in simple and clear manner, what was already contained in the Vedas. This authority being once admitted, the Hindu mind adhered to it loyally, and with characteristic tolerance and accommodativeness was ready to find explanations for difficult cases. As regards the works included under the generic name Smriti, however, there is some difference of opinion among Hindu writers of law. The laws for regulating Hindu society from time to time are codified in the Smritis. The Smritis have laid down definite rules and laws to guide the individuals and communities in their daily conduct and to regulate their manners and customs. The Smritis have given detailed instructions, according to the conditions of the time, to all classes of men regarding their duties in life. These Smritis have varied from time to time. The injunctions and prohibitions of the Smritis are related to the particular social surroundings. As these surroundings and essential conditions of the Hindu society changed from time to time, new Smritis had to be compiled by the sages of different ages and different parts of India.

The progressive spirit and desire for adopting the law to changing social order gave rise to the Smritis. It is evident fact that Smritis are law books written down from memory, by the sages, who themselves knew the Veda. They wrote out simple books, bringing together therein, in more intelligible language and incorporate all teaching of the vast literature of the Vedas. There is no unanimity of opinion in context of the exact number and name of the Smritis. In Vedic tradition scholars agreed on numbers of püranas that are 18 Mahapurans, but when we come to the Dharmasastra and Smritis, one can find several Vedic literatures. Yājñavalkya apprises 20 Smritis viz. 1. Atri, 2. Vişme, 3. Hārīta, 4. Aušanasi, S. Angirasa; Angirasa, 6. Yama, 7. Apastamba, 8. Samvartta, 9. Kātyāyana; 10. Brhaspati; 11. Parasara;12. Vyāsa, 13. ankha; 14. Likhita, 15. Daksa, 16. Gautama, 17. Šātātapa, 18. Vašistha, 19. Yājñavalkya; and 20. Manu

This diversity in the list of authorities on law also bears testimony to the progressive spirit at work in this branch of literature. This same adaptability is also shown by the fact diet while every Smriti deals in the main with what the author regards as perfect are ideal Dharma, it always has a section dealing with what has been called apaddharma, dharma during difficulties; wearing in the particular circumstances of men are fully considered and his duties laid down in accordance with them. Mamu himself has a section on 'apaddharma"". On the other hand, it is significant note that Smritis contains topics of law includes Legal procedure; the Parisad or the Legal assembly; Evidence; Witnesses; Marriage; Niyoga; Possession and Ownership; Stridhana; Partitions; The Law of debt; Relations between master and servant; Trade laws; Theft; Gambling; Sexual offences and so on.

Ganganath Jha aptly remarked that Smritis of Manu and Yājñavalkya are not mere law books. They deal in fact with all facets of Man's activity, they treat of life as one organic whole, more or less full account being found of all such subjects as Cosmology, Theology, Philosophy, Diplomacy, Kingship, Economics and the duties of the subjects. A whole range of topics of law in its concrete form emerges from these texts, to be administered and enforced by the king.

Manu and Yājñavalkya are the authorities in early legal system of Bharatvarsh, with the classical Vedic jurisprudence laid down in these literatures. However, inspite of being codes of civil law, they concentrated on sacerdotal matter such as acara or the rules of conduct of all persons of all castes in various stages of life. Pure judicial law code is traceable in the works of Narada, Brhaspati and Katyāyana which employed systematic enquiry to lay down vyavahara or procedural law in detail. Dr. Kane rightly addressed them as the triumvirate in the realm of the ancient Hindu law and composition of the Hindu Legal literature. All these three jurists exhibit an excellent analytical insight and the most perfect legal acumen in elaborating and explaining the juristic principles and philosophy.

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