YAJNAVALKYA

1. YAJNAVALKYA

2. THE IMPORTANCE OF YAJNAVALKYA LIES IN THE ARRANGING OF THE MATERIALS OF THE MANUSMRITI IN MORE CONCISE AND THE SYSTEMATIC AND CONCISE FASHION. • HIS BOOKS IS COMPOSED OF THREE PARTS WHICH CONTAINS RULES REGARDING THE THREE MAJOR CATEGORIES OF THE INDIAN LAW---PROPER CONDUCT(ACARA),EXPIATION(PRAYASCHITA) AND CRIMINAL LAW(VYAVAHARA). • HE WAS FIRST TO MENTION SPECIFICALLY THREE POPULAR COURTS,NAMELY KULA,SRENI AND PUGA ARRANGED IN THE ASCENDING ORDER OF IMPORTANCE,THE KULA BEING THE LOWEST COURT FOR ARBITRATION IN SMALL MATTERS.WITH THESE COURTS WE MAY WELL COMPARE THE VILLAGE ,CASTE AND THE FAMILY PANCHAYATS OF THE MODERN TIMES.

3. HE DESCRIBES SYSTEMATICALLY THE PROCESS OF JUDICIAL PROCEDURE. • HE SAYS THERE ARE FOUR STAGES IN A LAWSUIT BUT DOES NOT MENTION THEM BY NAME. • THE LAW GIVER FAVOURS WRITING DOWN OF THE PLAINTS APPARENTLY FIRST WHEN HE COMPLAINS AND AGAIN IN THE PRESENCE OF THE DEFENDENTS WHEN HE APPEARS WITH THE PARTICULARS ABOUT THE TIME AND THE DESCRIPTION OF THE DEFENDENTS. • ANY SERIOUS DISCREPENCY BETWEEN THE COMPLAINTS AS ORIGINALLY LODGED AND THE PLAINTS AS RECORDED IN THE PRESENCE OF THE ADVERSERY MAY PROVE FATAL TO THE CAUSE. • NO COUNTER-CLAIM OR COUNTER CHARGE WAS ALLOWED TILL THE PLAINTS WAS DISPOSED OFF.IN EXCEPTIONAL CASES LIKE THAT OF THE VIOLANT CRIMES ,COUNTER CHARGE WAS ALLOWED. • AGAIN NO COMPLAINTS AGAINST THE ONE WHO IS ALREADY UNDER THE CHARGE WAS ALLOWED. • IN SERIOUS CASES INVOLVING THE WOMEN,THE PARTIES HAD TO PLEAD WITHOUT THE LOSS OF TIME

4. ACCORDING TO HIM ,EVIDENCE OR THE MODE OF PROOF WAS THREE-FOLD---DOCUMENTS,WITNESSES AND THE POSSESSION.TO THIS,HE ADDS ORDEAL ALSO. • HE CONSIDERS A DOCUMENT WRITTEN BY THE EXECUTANT HIMSELF AS MORE AUTHORITATIVE EXCEPT WHEN IT IS CAUSED BY THE FORCE OR FRAUD. • A DOCUMENT WAS EXPECTED TO BE PRECISE,DETAILED, AUTHENTIC AND SIGNED BY THE WITNESSES. • BUT THE DOCUMENT TRANSFERRED TO ANOTHER COUNTRY,SPOILT,MUTILIATED AND CONTAINED ILLEGAL SCRIPTS WAS CONSIDERED AS INVALID.

5. THE TRAIL WAS BASED MAINLY ON THE DISPOSITION OF THE WITNESSES.ACCORDING TO HIM AWITNESSES SHOULD BE RELIGIOUS,GENEROUS,DESCENDED FROM A RESPECTABLE FAMILY. • AS FOR THE POSSESSION ,HE WAS OF THE VIEW THAT TITLE PREVAILS OVER POSSESSION UNLESS THE LATTER BE HEREDITORY.

6. HE ALLOWS POPULAR USAGE TO PREVAIL WHEN THERE IS DISAGREEMENT AMONG THE LAW CODICS.SACRED LAW MUST BE COMPROMISED WHEN IT IS OBJECTIONABLE TO ALL THE PEOPLE.THE KING MUST RESPECT THE LAWS AND THE CUSTOMS OF THE CONQUERED COUNTRY.THE KING’S DECREE IS NOT LAW UNLESS IT COMPLIES WITH THE BASIC NORMS OF RELIGIOUS AND SECULAR LAW. • HE LAID GREATER EMPHASIS ON THE CIVIL LAW.REGARDING THE LAW OF DEBT,OUR LAW GIVER CLOSELY FOLLOWS MANU.ON A DEBT SECURED BY A PLEDGE HE ALLOWS AN INTEREST OF 1.25% PER MONTH,WHILE IN OTHER CASES 2,3,4, AND 5% INTEREST IS PERMITTED. • HE RECOMMENDED HIGH RATES OF INTEREST---10% AND 20% UPON PERSONS WHO TRAVEL THROUGH FORESTS AND THOSE TRAVEL BY SEA. • HE IDINOT FAVOUR USURY. • HE COROBORATES WITH TH E BRIHASPATI IN THE CASE OF LAW OF PARTITION AND INHERITANCE.

7. AS REGARDS TO LAW OF PARTITION AND INHERITANCE ,HE ALLOWS EQUAL SHARE TO BOTH THE FATHER AND SONS IN THE PROPERTY OF THE GRANDFATHER,WHILE THE SON CAN CLAIM THE SHRE IN THE PROPERTY OF HIS FATHER WITH HIS CONSENT ONLY. • HE IS FORTHRIGHT CONCERNING THE PENAL LAW. ACCODING TO HIM IF THE ABUSED RETURNS THE ABUSE ,ONE WHO IS STRUCK RETURNS THE BLOW,AND ONE WHO IS ATTACKED KILLS THE ASSAILANT,HE COMMITS NO OFFENCE.ONE WHO IS INJURES HAD TO MEET THE EXPENSES OF CURING THE WOUNDS. • IN PRESCRIBING THE PUNISHMENT FOR THEFT OR VIOLENCE,HE IS CONCERNED MORE WITH THE GRAVITY OF THE OFFENCE THAN WITH THE CASTE OF THE OFFENDER. • ACCORDING TO BRIHASPATI,A DECISION SHOULD NOT BE GIVEN MERELY RELYING ON THE TEXT OF THE SHASTRAS.WHEN CONSIDERATION OF THE MATTER IS DIVORCED FROM REASON AND COMMONSENSE,LOSS OF DHARMA RESULTS.A THIEF IS HELD TO BE NOT A THIEF AND A GOODMAN IS HELD TO BE WICKED ONE IN A JUDICIAL PROCEEDING NOT ARRIVED AT WITH PROPER REASONING.THE SAGE MANDAVYA WAS HELD TO BE THIEF BECAUSE OF THE DECISION BEONG ARRIVED AT WITHOUT PROPER REASONING.

8. SIX KINDS OF STREEDHANA ARE PRESCRIBED BY YAJNAVALKYA.THEY ARE: • 1)GIFTS GIVEN BY FATHER,MOTHER,THE HUSBAND OF THE BROTHER. • 2)GIFTS RECEIVED AT THE NUPTIAL FIRE • 3)GIFTS RECEIVED AT HER HUSBAND’S MARRIAGE WITH ANOTHER WIFE. • 4)GIFTS RECEIVED BY HER KINDRED • 5)BRIDAL PRICE • 6)GIFTS RECEIVED SUBSEQUENT TO THE MARRIAGE. • WOMEN HAS ALL PROPERTY RIGHTS OVER STRIDHANA.IF THE WOMEN DIED WITHOUT ANY ISSUE,IT WAS INHERITED BY HER HUSBAND OR HER PARENTS.

9. HE PRESCRIBES FOUR TYPES OF PUNISHMENTS LIKE GENTLE ADMONITION,HARSH REPROOF,FINE AND CORPORAL PUNISHMENT. • HE ADVISES THE KING TO PUNISH HIS KITH AND KIN IF THEY FELL FROM THE PATH OF LOVE. • WHEN THE OFFENCE HAS BEEN COMMITTED FOR THE FIRST TIME ,A CUTPURSE OR OPENER OF KNOTS OF CLOTH,SHOULD HAVE LITTLE FINGER AND THUMB CUT OFF:ON THE SECOND OFFENCE HE SHOULD BE DEPRIVED OF A HAND OR A FOOT. • THE HIGHEST AMERCEMENT IS PRESCRIBED FOR ONE WHO KNOWINGLY OFFERD HELP TO A THIEF • BANISHMENT IS PRESCRIBED AS A PUNISHMENT FOR OFFICERS ACCEPTING BRIBES,BRAHAMANS GIVING THE FALSE EVIDENCE,FOR TRANSGRESSING THE RULES AND REGULATIONS OF CORPORATE ORGANISATIONS. • CAPITAL PUNISHMENT IS PRESCRIBED FOR THE DESTRUCTION OF THE EMBANKMENT. • DEATH SENTENCE BY BURNING IS PRESCRIBEDFOR CONDEMNED CRIMINALS,WHILE WICKED FEMALES WERE TO DROWNED TO DEATH FOR THEIR OFFENCES.

10. HE WARNS AGAINST LETTING A CRIME GO UNPUNISHED REGARDLESS OF THE STATUS OF THE WROMGDOER. • PUNISHMENT MUST BE RELATIVE TO THE CIRCUMSTANCES AND THE NATURE OF THE CRIME.YET HE HOLDS THAT THE PUNITIVE MEASURES MUST CONFORM STRICTLY TO THE SACRED WRITINGS.THE KING MUST BE JUST AND IMPARTIAL IN AWARDING PUNISHMENT.