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https://en.wikipedia.org/wiki/History_of_Indian_law
Contents
1 Vedic period
1.1 Sources of classical Hindu law
2 Administration of Justice During Vedic Period
3 References
Vedic period
In comparison with modern law, the classical Hindu law was a peculiar
legal system as it followed a unique arrangement of law and polity with
a unique scheme of values. Ancient India represented a distinct tradition
of law, and had a historically independent school of legal theory and
practice. The main aim of the law in the Vedic period was to preserve
"dharma" which means righteousness and duty.[1][2] Dharma consists of
both legal duties and religious duties. It not only includes laws and court
procedures, but also a wide range of human activities like ritual
purification, personal hygiene regimes, and modes of dress. Dharma
provided the principal guidance by which one endeavored to lead his
life.
Manusmriti
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https://en.wikipedia.org/wiki/History_of_Indian_law
student-hood, the house holdership, the retirement or forest dwelling, and renunciation. Also, they provide the
rites and duties of kings and court proceedings. Other issues that are Dharmasutras cover include rules about
one's diet, crimes and punishments, daily sacrifices, and funeral practices.
Dharmashastra contains three categories or topics. The first is the chra, which provides rules on daily rituals,
life-cycle rites, as well as specific duties and proper conduct that each of the four castes or varnas have to
follow. The daily rituals include practices about daily sacrifices, the kind of food to eat and how to obtain them,
and who can give and who can accept religious gifts. The life-cycle rites are the rituals that are conducted on
important events in one's life like birth, marriage, and tying of the sacred thread. Acharas also provide rules for
duties for all the ashrama. Ashrama are the four stages of life that include: Brahmacharya (thestudent life),
Grahastha (the householder), Vanaprashta (the forest dweller), and Sanyasa (the renouncer). The second topic
enumerated in the Dharmashastra is the 'vyavhara'. Vyavahara are laws and legal procedures. They include
the'rajadharma' or the duties and obligations of a king to organize court, listen and examine witnesses, decide
and enforce punishment and pursue justice. The third category is called the 'pryaschitta', which lays down rules
for punishments and penances for violating the laws of dharma. They are understood to remove the sin of
committing something that is forbidden.
During the Vedic period the legal procedures including that of filing case were called vyavahara. The equivalent
of modern plaint was called "purvapaksha", and that of written statement as "uttar". The trial was called "kriya"
and verdict as "nirnaya". The profession of lawyers or advocates were unknown during this period. Trial by jury
and trial by ordeal were the two types of trials that existed during the period. According to J. Rama Jois the
ancient Indian and constitutional system had established a duty based society.[3] It postulated that everybody
from the king to the lowest of society is bound to fulfil his/her duty towards the society. This was same for the
whole of India, notwithstanding the existence of larger and smaller kingdoms and the supremacy of Dharma
(law) over the kings as declared in the authoritative texts was respected in letter and spirits/[4] Thus there were
no absolute monarchies. The Dharmasastras asked the kings to look upon the people as God (Praja Vishnu) and
serve them with love and reverence.[4] The doctrine of "king can do no wrong" was not accepted and the king
himself was subjected to law.[4][5]
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References
1. http://www.cbseacademic.in/web_material
/doc/Legal_Studies/XI_U3_Legal_Studies.pdf
2. The Oxford Dictionary of World Religions, Dharma
(http://www.encyclopedia.com/topic/dharma.aspx#1)
3. Rama Jois , Seeds of Modern Public Law in Ancient
Indian Jurisprudence (1990 En, Eastern Book
Company) pp. 1-2.
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