NATIONAL LAW INSTITUTE UNIVERSITY ,

BHOPAL

HISTORY – I

PROJECT

On the topic

Laws In Ancient India – Study of Smritis

SUBMITTED TO SUBMITTED BY

Prof. (Dr.) Uday Pratap Singh Mahesh Rawat

2018B.A.LL.B51

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ACKNOWLEDGEMENT

I take this opportunity to express my profound gratitude and deep regards to my guide Prof.
Dr. Uday Pratap Singh for his exemplary guidance, monitoring and constant encouragement
throughout the course of this thesis. The blessing, help and guidance given by him from time
to time shall carry me a long way in the journey of life on which I am about to embark. I would
further like to thank him for giving me this opportunity to do this project by instilling his faith
in me.
Further I would like to extend my gratitude towards National Law Institute University which
as an institution gave me the platform to carry out my research on such an important topic of
History - I.
I am also grateful to my parents for their constant guidance and support throughout the project.
It would have been impossible for me to complete this project without their love and affection.

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 Table of Contents
INTRODUCTION ................................................................................................................................. 4

HINDU SCRIPTURES ........................................................................................................................... 5

ANCIENT INDIAN SYSTEM - GENERAL ................................................................................................. 5

NEED OF SMRITIS .............................................................................................................................. 6

EVOLUTION OF SMRITIS .................................................................................................................... 6

GOAL OF SMRITIS .............................................................................................................................. 6

SUBJECT DIVISION OF CODES OF CONDUCT ....................................................................................... 7

CODES OF CONDUCT ......................................................................................................................... 7

CODE OF ATONEMENT : .................................................................................................................... 8

NAME OF THE SMRITI ........................................................................................................................ 9

MANUSMRITI .................................................................................................................................. 10

YAJNAVALKYA SMRITI ...................................................................................................................... 11

YAMA SMRITI .................................................................................................................................. 12

SAMVARTA SMRITI .......................................................................................................................... 13

KATYAYAN SMRITI ........................................................................................................................... 14

SPIRIT OF THE SMRITI ...................................................................................................................... 16

INDIA UNDER THE RULE OF SMRITIS ................................................................................................ 16

RELEVANCE OF THE SMRITIS IN TODAY’S ......................................................................................... 18

PARASHAR SMRITI ........................................................................................................................... 19

CONCLUSION ................................................................................................................................... 20

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INTRODUCTION
Smritis mean "that which has to be remembered". Unlike the Vedas which are considered of
divine origin, the Smritis are of human composition which guides individuals in their daily
conduct according to time and place. They list the codes and rules governing the actions of the
individual, the community, society, and the nation. They are also called Dharmashastras or
laws of righteous conduct.

Laws in ancient India were codified in Smritis. In the Smritis (code of law), instructions have
been given regarding religious cum moral behaviour of a man, in great details. These 'Smritis'
have touched nearly every important aspects of human life like conduct, behaviour, education
and his duty of seeking happiness in the other world after his death by being virtuous. 1

Vedas are the basic religious scriptures upon which the tradition of Indian-theism is based.
These four Vedas i.e. Rigveda, Samaveda, Yajurveda and Atharvaveda contain all the
knowledge of this universe and they are well preserved in it. The Vedic sages, for the
benediction of human beings condensed this vast expansion of learning into cryptic form. Their
pupils who were of sharp intellect memorized them as soon as these words of great knowledge
were pronounced by them (sages).

The experienced sages of these Vedic knowledge have transformed the Vedic principles into
most practical forms in the Smritis and which they thought must be the objective of the Smritis.
Even the most learned man having the knowledge of Brahma, spiritualism and philosophy gets
respect from people only when he practices what he preaches otherwise his tremendous
knowledge is covered by the darkness of his bad conducts. The Smriti texts have become a
binding of “sacred literature” which includes the six Vedangas, the Ithihasas : the Mahabharata
and the Ramayana, as well as, the Puranas.2

1
The Indian encyclopaedia by Subodh Kapoor, Volume 2, Page 6704
2
Lingat, Robert. 1973. Ch. 1, pp. 9-10.

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HINDU SCRIPTURES

SHRUTIS SMIRITIS
Dealing with eternal principles Dealing with changing times
Four Vedas Itihas - mahabharata, Ramayana
Rigveda puranas - 18 puranas
Samveda Smritis - 18 smritis (dharmashastras)
Yajurveda Ved-upanga -various darsans
Atharvveda Vedangas - like grammars, Astrology,
kalpasutra ,
Rituals.
Upaveda - ayur veda, Ghandharv veda,
dhanur veda, Stapathya veda.
Smritis could be broadly classified as:
Vedangas subjects required to understand various aspects of the Veda.
Upavedas arts and sciences.
Upangas understanding of dharma and debating it.
Darsanas windows to truth.3

ANCIENT INDIAN SYSTEM - GENERAL

Some of the key dates are as follows:4

2700 BC Harappa Civilization
900 BC Mahabharata War
550 BC Composition of the Upanishads
544 BC Nirvana of Buddha
327 BC Alexander’s Invasion
322 BC Rise of the Mauryas
272 BC Ashoka begins reign
145 BC Chola King Erata conquers Ceylon
320 AD Chandragupta I establishes Gupta dynasty
405 AD Chinese traveller Fa-hein travels through India
711 AD Invasion of Sind by Muhammad Bin Qasim
1001 AD Defeat of Jaipal by Sultan Mahmud

3
See, http://www.hindupedia.com/en/Smriti
4
Chronology – Ancient India – BC to 1000 AD, http://www.itihaas.com/ancient/index.html

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There may be some disputes about the above dates but such controversies will not affect our
arguments. It is obvious that the ancient India spans a time period of about 3700 years starting
from Harappa civilization and ending with defeat of Jaipal by Sultan Mahmud in 1001 AD.
There is no other country that has such a long period of continuous civilizational history. One
of the key characteristics of ancient India was that though there was never one ruler who ruled
the complete area which was known by the name of BHARATVARSHA or ARYAVARTA,
the area had an identical system of governance that remained by and large unchanged
throughout the period.

NEED OF SMRITIS
Any society or civilization, can only flourish when it follows certain well laid laws or rules
which govern man’s conduct, and help him to maintain such manners and customs which will
help to protect and preserve his culture. This is what the Smritis do- they give us clear directions
on how every class or group of men should lead their lives and perform their duties.
Rules are also laid down for individuals in daily life, as well as for communities and nations.
They also tell us how men should conduct themselves at different ages and stages of life. The
rights, privileges and duties of kings are detailed. Judicial, social issues are dealt with, as also
are rituals of purification and other samskaras.

EVOLUTION OF SMRITIS
The origin and development of Smritis blossomed after the Vedas. Smritis which were created
after the Vedic literature contain some serious topics as well as many preaching in simple
language. As a result of this simple language common people have been able to gain knowledge
about their rights and duties.
It is said that a phase came after the Vedic period which could be called the Smriti period
because during that period the society was governed by the rules contained in the Smritis.
During that period many Smritis were created apart from the main Smritis, keeping in mind the
prevalent social and environmental conditions in which there is found great diversities in the
rules although the basic principles remained the same.

GOAL OF SMRITIS
The Smritis aim at outlining and giving a picture of how to live life in a way to fulfil the purpose
of life, thus make life meaningful. They also aim at reflecting Vedic worldview in daily life.
The functions Smritis prescribe regulate life closest to natural laws as seen in the Veda.

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SUBJECT DIVISION OF CODES OF CONDUCT
The learned men of religion have tried to categorize the scriptures of code of conduct mainly
into three categories.
1. Codes of Conduct (Aaachaar Samhita)
2. Codes of behaviour (Vyavahara Samhita)
3. Codes of atonement (Praayaschita Samhita) Or Codes of punishment (Danda Samhita)5
All these three aspects are very essential for a worthwhile existence of a man. If any of the
aspect is absent then the all round development of a man not only gets blocked but also becomes
impossible. Keeping this in mind the ancient sages of India preserved their memoirs their
conclusions in the form of code of conduct for the welfare of mankind stressing upon the
importance of religion and salvation and his continuous endeavour in that direction.

CODES OF CONDUCT
The first demonstration made in the Smritis is related with the right conduct of a man. The
spiritual development of a man depends upon the implementation of the sixteen rites, wherein
he is required to maintain his life style pure virtuous since his birth till his death by keeping
away from sinful activities.
Therefore for an achievement of bright future, ordinances have been made for different
ceremonies and rites for different situations like conception, initiation into learning, sacred
thread ceremony (yagyapavit), marriage etc which brings respectability to a man and which
helps him to develop real humanity in him.
Although the education on the codes of conduct as directed in the Smritis had been originally
categorized on the basis of the four castes i.e. Brahmin, Kshatriya, Vaishya and Shudra and
similarly on the four stages of man's life i.e. Brahmacharya (maintaining celibacy), Grihastha
(a householder's life), Vaanaprastha (going to the forest) and Sanyaas (renunciaton) but today
in the Kaliyuga when the caste system has deteriorated to such an extent that there is a fear of
it becoming extinct is not applicable. The permission has been given in the 'Smritis' to each
individual and community according to his tendency, capability and efficiency so that a man
can develop physically, mentally, intellectually and the whole society moves forward on the
path of virtuosity. The two of the most important duties of a Brahmin as described in the
Smritis are a) Penance. b) Learning and acquiring knowledge.

5
The Indian encyclopaedia by Subodh Kapoor, Volume 21, page no.6704

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A Brahmin by doing a penance liberates himself from all of his sins and by acquiring
knowledge, he achieves the supreme status. The areas of activities where a Brahmin is
supposed to function are learning, teaching and help in the performance of Yagya. (sacrificial
fire) Similarly the Kshatriyas have been ordered to rule efficiently and protect his subjects.
Vaishyas have been asked to accumulate the means and the commodities so as to earn money.
The Shudras have been asked to be at the service of all the above mentioned castes. The reason
for such a direction being given to Shudras are because Shudras are full of dark qualities and
many faults are found in them connected with physical being and mental being.
For example sage Apastamba has said -
AGYAANTIMIRAANDHASYA MADDYAPAANASTASYA CHA ||
RUDHIRAM TEN SHUDRAANNAM VIDHIMANTRA VIVARJITAM || 6
CODES OF BEHAVIOUR:
The second subject which is ascertained in the Smritis is the code of behaviour. Man being a
social being comes daily into contact with various people according to his requirements. In
these processes of contacts, there are times when activities are not properly conducted either
because of ignorance or because of selfishness. As a result of this difference of opinions
develop in the society and the atmosphere gets vitiated. To prevent this from happening the
creators of Smritis have directed the kings, administrators.
According to sage Yagyavalkya, the chief deity of the king is look after the welfare and the
safety of his subjects and to take appropriate measures in that regard. For this to happen he
must ensure that his subjects follow the path of virtuosity and punish those wicked people who
cause hindrances and obstructions in the path of virtuous people by tormenting them. And then
this can happen only when the king is religious, fearless, alert, treats all as equal and keeps
courtiers having such qualities too. The subjects are like children to a king, so it is his duty to
look after their welfare just like a father looks after the welfare of his sons.

CODE OF ATONEMENT :
The third chief subject which is ascertained in the Smritis or codes of conduct in codes of
atonement. It is natural for a man to commit mistakes knowingly or unknowingly for which he
feels sorry later on. To undo his sins and to attain peace of mind he wants to perform some

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MEANING - Since a Shudra is brought up in the environment of ignorance and darkness,
always under the influence of intoxication, hence the food of a Shudra is worth abandoning in the same way as
blood is abhorred, to bring those corrupt people back to the path of virtuosity by punishing them for their crimes.

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virtuous activities. The third chapter of the Smritis deals with such virtuous activities by the
performance of which a man alone can atone for his sinful activities. The different forms of
sinful activities and their methods of atonement are elaborated in detail in this chapter for
example sin committed by lust, by anger, by ignorance and by greed.
Since the initial phase of the civilization there have been provisions for royal punishment for
sins and crimes committed in society. But such 'mental crimes' of which others are ignorant
and only the commiter has knowledge, the Smritis have approved of mental atonement as the
means to be free from his guilt consciousness. A sinner whose conscience does not allow him
to rest in peace and who is always fearful of divine punishment for his sins makes his life a
hell.
Many Smritis have considered charity and Dakshina (giving alms) as the means for the
atonement of his sins. But for the personification of penance, Sage Atri and Sage Baudhyan
have considered 'Pranayam' and the chanting of various mantras as the only means for the
atonement of sins.7
Smritis have bestowed upon the Brahmins the right to make judgements regarding religion and
virtuosity. It has also burdened them with the severe rules of atonement in case of their
committing a sin.The rules of atonement are not that severe for a person belonging to other
castes. For example a Kshatriya has to atone half as compared to a Brahmin, a Vaishya has to
atone one third as compared to a Brahmin and a Shudra has to atone for only one fourth as
compared to a Brahmin.

NAME OF THE SMRITI

According to sage Yagyavalkya the following names of twenty sages have been given in his
Smriti and they are also considered as the most prominent creators of the Smritis.
They are :

1) Manu
2) Yama
3) Samvarta
4) Katyayan
5) Parashara
Some of the Smritis are discussed below:

7
Ancient Indian law by Krishna Kumari, Volume III, page

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MANUSMRITI
Manu is considered a law giver in the Hindu tradition. Manu Smriti is one of the 18 Smritis. It
is important to note that laws given by Manu, in Manu Smriti although followed in some form
even today, are not considered divine, and may be modified by the society to keep up with the
times. Indeed, it has been speculated that in its current form, Manu Smriti represents laws that
have been added or modified throughout the history.
There are 2,684 verses divided into twelve chapters:
CHAPTER I. The creation of the world, Caste duties and occupations
CHAPTER II. Sacred rites, Initiation, The First Stage of Life: Studentship, Teacher,
Father, Mother
CHAPTER III. The Second Stage of Life: Householder, The Obligation to Honor
Women
CHAPTER IV. Becoming a Householder, Proper Means of Subsistence for a Brahmin
CHAPTER V Duties of a Brahmin Householder, Various Moral Rules for all
Householders
CHAPTER VI. Lawful and Forbidden Foods, The Duties of Women
CHAPTER VII. The Third Stage of Life: The Forest Dweller, The Fourth Stage of Life:
The Wandering Ascetic (Sannyasin, Sadhu)
CHAPTER VIII. The Duties of Kings
CHAPTER IX. Crimes and Punishments, Assault, Battery, Trespass, Theft and
Robbery, Violence in General, Adultery
CHAPTER X. Duties of Husband and Wife
CHAPTER XI. Castes, Mixed Castes, Occupations
CHAPTER XII. Transmigration, Darkness, Activity, Goodness, Supreme Bliss 8

8
See, Manu Smriti

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YAJNAVALKYA SMRITI
The Yajnavalkya Smriti has been called the "best composed" and "most homogeneous" 9text of
the Dharmashastra tradition. It reflects a superior vocabulary and level of sophistication in
comparison to many of the other texts of its time.

It was written by Sage Yajnavalkya of Mithila during the peak influence of the Gupta dynasty
in India. When questioned by his students to describe all-pervading consciousness (Brahman),
Yajnavalkya states “Neti neti” (it is not this and it is not that). In other words, all-pervading
consciousness is beyond any mundane definition, encompassing all reality. It is impossible to
attempt to define infinite consciousness with finite words.

The Yajnavalkya Smṛti consists of 1,010 slokas (verses). The text is laid out as a frame story
in which the sages of Mithila approach Yajnavalkya and ask him to teach them dharma. The
majority of the text is then Yajnavalkya's description of dharma, divided into three subtopics:
Acara (proper conduct), Vyavahara (judicial procedures) and Prayaschitta (penance).

Advances Over the Manusmṛti

1. Pioneered the structure which was adopted in future dharmashastric discourse:10

a)Divided dharma into fairly equally weighted categories of:

• Acara (proper conduct)

• Vyavahara (legal procedure)
• Prayaschitta (penance)

b)Sub divided these three further by specific topics within the major subject heading.

2. Added to the model of Legal Procedure:11

Yajnavalkya portrayed evidence as hierarchical, with documents receiving the highest

consideration,12 then witnesses, and finally the five types of ordeals.

3. Restructured the Court13

9
The Indian encyclopaedia by Subodh Kapoor, volume 21 , page 6001
10
Olivelle "Literary History" p. 21
11
Olivelle "Literary History" p. 21
12
In opposition to the previous focus on oral traditions.
13
Olivelle "Literary History" p. 22

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Yajnavalkya distinguished between courts appointed by the king and those which were formed
by communities of intermediate groups. He then portrayed these courts as a part of a system of
hierarchical appeals.

4. Changed the placement of the discussion of Ascetic Orders14

Forest hermits and renouncers are discussed within the section regarding penance
(prayaschitta). In previous texts, description of ascetics followed the discussion of Brahmins
and framed them in opposition to householder Brahmins. The placement of ascetic orders
within penance remained in subsequent texts following the general acceptance of the
Yajnavalkya Smriti.

5. Focused on Mokṣa

Increased attention was given to a description of dwelling on meditation and the transience of
the worldly body. There is even an in-depth technical discourse based on a medical treatise of
the time.

YAMA SMRITI
The Yama Smriti is basically a very small book. The text discusses the various types of penance
and also states the theoretical principles behind them. Muni Yama has explained theimpurities
due to the death of a person and touching a cadaver etc. Muni Yama has explained the code of
conduct for all four Varnas or castes according to the Vedas and the Smriti.
Acharya Yama has stated a method to prepare Panchagavya which is not found in any other
Smriti. It states that different things should be taken from cows of different colours. The urine
of a white cow, the cow dung of a black cow, the milk of a yellow cow, the curd from the
milk of a light grey cow and ghee extracted from milk of a brown cow should be collected
and mixed to create Panchagavya. This Panchagavya, it is said, eliminates all the great sins
committed knowingly or unknowingly.
Yama Muni opines that in case the cow or the Brahmin dies while giving medicines or meals,
there is no need for any type of repentance. Yama Muni states that one can beget divine benefits
if he drinks water from the leaf of a lotus, a copper or an earthen vessel at a holy place.
One can see people following this text in order to wash away all their incurred sins. In this text
all the repentance for all the sins are discussed properly.

14
Olivelle "Literary History" p. 22

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The method explained to pacify deceased ancestors is followed till date by people. The
duties of the woman under going menses are also being adhered to in villages. But in cities
with the upsurge of nuclear families these duties seemed to have weakened. Nevertheless the
importance of this text embellished with Vedic teachings has not lost its glory.

SAMVARTA SMRITI
The Smriti authored by Muni Samvarta seems to be important in many ways. The moral
protection of the societal ambience is properly discussed in this Smriti. For the purpose of
human welfare, the Muni Samvarta has shed sufficient light on topics like celibacy,
uncleanness, marriage of daughters, the significance of donation and related benefits,
repentance for elimination of sins, repentance for killing a cow, immorality, elimination of the
wicked, repentance for having eaten something not worth eating, the importance of Gayatri in
repentance etc.
Speaking about the significance of celibacy Rishi Samvarta says
SWABHAAVAADA YATRA VICHARETA KRISHNA SAARAHA SADA MRIGAHA ||
DHARMYADESHA HA SA VIGYEYO DWIJAANAAMA DHARMA SAADHANAM ||15
Another important feature of this Smriti is the importance of donation. Acharya Samvarta
opines that the donation of land, food, clothes and money is not that important as donations of
fire, oblations etc. which are relatively more beneficial.
Samvarta Muni states that one can attain the highest state by donating useful things -
PAADUKOPAANAHAO CHATRAM SHAYANANYAKSHAN AANI CHA
||VIVIDHAANI CHA YAANAANI DATVA DIVYAGATI BHAVET ||16

Samvarta Muni strictly abhors any type of intoxication as it is, in no way, appropriate for a
Brahmin. It is good conduct and good deeds only that embellish a Brahmin. The repentance for
intoxication is very strict and harsh. He opines that observing three Chandrayana vows is
essential to eliminate the flaw or sin incurred due to intoxication. Drinking very hot wine, cow's
urine, eating cow's dung, ghee and milk are other ways to repent for the sin incurred due to
drinking of hard drinks.

15
Meaning :That place can be considered righteous for the Brahmins who use it as an instrument to achieve
divinity, where muskdeers roam freely. Muni Samvarta has considered Gayatri Mantra as the impeccable mantra
for the purpose of repentance. According to him, there is no other mantra equivalent to this mantra for washing
the sins committed. http://www.urday.in/samvarta.htm
16
Meaning : He becomes noble and sublime who donates seat, vehicle, bed, footwear and umbrella. Donating
medicines and good nutritious food, the donor becomes healthy, happy and is blessed with happy long life.
http://www.urday.in/samvarta.htm

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It can be construed that all the teachings of Muni Samvarta are not followed in the present days.
The stipulated time for uncleanness, code of conduct, types of marriages, the code of
repentance are being followed to some extent till date. The custom of donation is also adhered
to according to the rules demarcated in this Smriti.
The teachings of Samvartacharya are the sure stepping stones towards the four attainments
(dharma, artha, kama and moksha) and moreover the doctrine perpetrated facilitates the
attainment of the same.

KATYAYAN SMRITI
Among all the important Smritis, Katyayana Smriti is one which discusses things related to
religious doctrines and policy and also pacifying deceased ancestors, the method of performing
Yagya, Havanna Yagya and the other rituals related to religious activities.
Katyayana has classified the entire Smriti into 29 sections i.e.
1) Description of conduct.
2) Rituals to pacify deceased ancestors.
3) Description of Trividha Kriya.
4) Pacifying deceased ancestors.
5) Repetition of the method of pacifying deceased ancestors.
6) Other Karmas (rituals).
7) Description of the pipal tree.
8) The method of kindling the Yagya fire.
9) Description of the ways to perform Yagya from dawn to dusk.
10) The morning ablutions i.e. holy bath etc.
11) Method of doing Sandhya.
12) The method to pacify deceased ancestors.
13) Method of performing Panchamaha Yagya.
14) Method of performing Brahma Yagya.
15) Method of executing Yagya.
16) Determining auspicious time to please deceased ancestors.
17) Repetition of the method to pacify deceased ancestors.
18) Method of kindling the altar for marriage ceremony.
19) The duties of a woman.
20) The Vedic method of kindling the altar for the second marriage.
21) Rituals for performing last rites.
22) Rituals for holy bath after performing last rites.

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23) Rituals for performing last rites of the person who died unnaturally.
24) Daily ablutions for cleanliness/purification.
25) Repentance for partaking food without Yagya.
26) Nava Yagya Execution. (cows, bull, horse etc)
27) Method of repentance.
28) The duty of the Brahmin and the fruits he begets thereof.
29) Repetition of the method of pacifying deceased ancestors.

According to Katyayana, the Agnihotri (one who enkindles the Yagya), is the one who leads
an ideal life. The purview of the authority and right of women in the Yagya has also been
discussed comprehensively by Katyayana. Katyayana opines that without a wife the Yagya is
incomplete.The author of this Smriti says that if the wife expires and the man has not got a
second wife, a small idol of a woman, made of Kusha (grass) or an alloy, should accompany
the man during the rituals.
Katyayana says that the woman can participate in the Ardhangini Yagya also. Her presence
for a yagya is imperative. The making of a golden idol of Seeta by Lord Rama during the
Ashwamedha Yagya espouses the cause. Katyayana says that person who does not allow his
wife to participate in the Yagya becomes a woman in the next birth and the woman becomes a
man. The Acharya supports women and states that only one wife (woman) is authorized to
participate in such an important action like Yagya.
Performing of the Yagya along with another woman while the first legitimate wife is alive, is
like committing a murder. Katyayana espoused the cause of woman to such a great extent that
he allowed even those women to participate in a Yagya, who have certain physical flaws and
demerits. He says that if the woman is not allowed to participate in the Yagya during her life
and she expires as such, then for the next three lives, the husband takes birth as the woman and
the woman takes birth as the man.
Katyayana says that a person does not beget fruits of the actions performed if he has not worn
the thread and has not kept a strand of hair left on the tonsured head (Shikha) Before beginning
any worship, the worship of Ganesha and Matruka is imperative says Katyayana.
KARMADISHU TU SARVESU MATARAHA ||
SAGANADHIPA PUJANIYAAHAA PRAYATNENA PUJITAHA PUJAYANTI
TAAHA ||17

17
Meaning : Before the beginning of the Yagya the worship of Lord Ganesha and sixteen Matrukas should be
performed. One begets everything if he performs the worship properly. It can be inferred that the Katyayana Smriti

15
SPIRIT OF THE SMRITI
Smriti keeps in mind that real life is not however ideal, and recommends what is best. In case
of a deviation, smriti also advocates ways how one can correct himself and fall back in line.
This is why, while we find smriti saying what is not to be done, it also says how to deal in cases
of things happening otherwise. For instance, having said one should not have extramarital
relation, it says what should be legally done in cases of such relation and offspring of such
relations (such as property, inheritance). Having said a Brahmin should not drink, it explains
how a drunkard should be dealt with in various situations. This shows that while outlining what
is best, smriti takes into consideration all combinations in which things can happen (which are
in agreement or disagreement with smriti), and explains how to deal with all those situations.
Thus smriti is thoroughly founded in life and society and is not an out of the world text. Also,
because of the flexibility it thus offers, it applies to all times with the fewest modifications. In
fact it should be said that the modifications needed to make smriti suit any kind of times are
much smaller than the level of deviation from it otherwise existent in the society (which is
deviation for those times itself). 18

INDIA UNDER THE RULE OF SMRITIS

The Smritis inter alia provided for the dutiesof Kings. This obviously implies that any king was
governed by the Smritis that were drafted not by himself or by his predecessors but by bodies
of intellectuals. A king was prohibited from becoming a law-maker or even interpreting the
law. However after the 10th century, when the invasion of Islam led to a destruction of the
famous Universities of India, some kings, as an attempt to safeguard knowledge, either took
upon themselves or encouraged their ministers to take up the task of writing Commentaries and
Digests of the Smritis. “A commentary on the Code of Manu was written in the 11th century
by Dhareshwava or King Bhoja or Dhara in Malwa. A little later, Vijnanesvara wrote his
famous Mitakshara on the Smriti of Yajnavalkya under the auspices of King Vikramarka or
Vikramaditya of Kalyan in Hyderabad. King Apararka of Konkan, wrote his commentary on
the Yajnavalkya Smriti in the 12th century. Jimutavahana, the author of the Dayabhaga, which
is as wellknown as the Mitakshara, was, according to tradition, either a very influential minister
or a great judge in the court of one of the Bengal Kings. Chandesvara, the author of the Vivada
Ratnakara, was the Chief Minister of a King of Mithila in the 14th century. Madhavacharya,

is beneficial to one and all in the Kali Yuga. These fundamental policies have left considerable influence on all
the eras, see http://www.urday.in/katyayan.htm
18
See, http://www.hindupedia.com/en/Smriti

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the great Prime Minister of the Vizianagar Kings, wrote his Parasara Madhaviyam in the same
century. About the same time, Vivesvarabhatta wrote his Subodhini, a commentary on the
Mitakshara and a treatise named Madana Parijata under the order of King Madanapala of
Kastha in Northern India who was also responsible for the recovery of the commentary of
Medhatithi on Manu. Lakshmi Devi, a Queen of Mithila, caused Mitramisra to compose his
Vivadachandra just about the period. In the 15th century, Vachaspatimisra, who was himself a
descendant of King Harasinha Deva of Mithila, wrote the Vivadachintamani under the auspices
of King Bhairavendra, a ruler of Mithila. King Pratapa Rudra Deva of Orissa wrote the
Sarasvati Vilasa. Nandapandita, the author of the Dattaka Mimamsa, wrote a commentary on
the Vishnu Smriti, called the Vaijayanti under the auspices of an influential chief,
Kesavanayaka alias Tammasansyaka. Nilakantha, the author of the Vyavyahara Mayukha,
composed it under the orders of Bhagavanta Deva, a Bundella chieftain who ruled at Bhareha,
near the Jumna. Mitramisra composed his Viramitrodaya by the command of Virasinha, the
ruler of Orchcha and Datia.”
The key points that emerge from the above account are as follows:
a) As late as 15th century, no Hindu King or his minister(s) in India would dare to make any
laws.
b) There is no commentary or Digest that is dated before 1000 AD. Apparently when the
schools were still functioning and acting as constant reference points for interpretation of the
Law, it was not felt necessary to write a commentary.
c) During the period that is classified as ancient in Indian history i.e. upto 1000AD Kings and
their ministers had neither the power to make any Laws nor the power to interpret Laws.
Surprisingly this tradition continued into the Islamic period. Islamic rulers were apparently
happy to let things continue smoothly as they were going, although they destroyed the schools
of learning in the name of religion. To once again quote from Mayne’s “Even after the
establishment of the Mohammadan rule in the country, the Smriti law continued to be fully
recognized and enforced. Two instances will serve. In the 16th century, Dalapati wrote an
encyclopaedic work on Dharmasastra called the Nrisimha-prasada. He was a minister of the
Nizamshah Dynasty of Ahmednagar which ruled at Devagiri (Dowlatabad) and wrote his work,
no doubt, under the auspices of the Mohammadan ruler, who is extolled in several stanzas.
Todarmalla, the famous finance minister of the Mughal Emperor Akbar, compiled a very
comprehensive work on civil and religious law known as Todarananda.”19

19
See, http://www.samarthbharat.com/files/republic.pdf , extracted from John D. Mayne, ibid., p.2-3.

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RELEVANCE OF THE SMRITIS IN TODAY’S

SCENARIO

MANU SMRITI
In the present Kaliyug also, prestige of Manu Smriti has been maintained. Even today, the
pages of this great scripture are turned over whenever religious ways are sought in social
conduct. The apparent difference seen between the human beings of today and those of the
yore is basically due to changes in contemporary circumstances.
Even today, many human beings are seen engaged in the occupation according to their class.
The credit of this system goes entirely to Manu. It was Manu who created this great religious
scripture in Satya Yuga. Various learned sages carried out suitable changes in the original text
to accommodate the changes that took place during the subsequent ages and made this scripture
more lenient for the interest of contemporary human beings. Religious and flourishing
existence of human beings in the modern era can be regarded as a result of the policy outlined
in Manu Smriti.
YAJNAVALKYA SMRITI

Mitakshara was written by Vijnaneshwara during the reign of Vikramarka, a Chalukya ruler of
the 11th century A.D. the Mitakshara is a commentary only on the Yajnavalkya Smriti. The
question therefore which arises is as to why Vijnaneshwara chose only the Yajnavalkya Smriti
for his commentary. There was Manu Smriti which was held in even greater respect than
Yajnavalkya Smriti, but Vijnaneshwara preferred to write his commentary on the Yajnavalkya
Smriti rather than on Manu Smriti. This was due to the advances of Yajnavalkya smriti over
the Manu smriti.
The Mitakshara was accepted as an authoritative text on Hindu law not due to promulgation by
any sovereign authority such as the King or Parliament, but due to its tremendous scholarship,
logical analysis and the sheer force of intellect of its author.
"A king is worshipped only in his own country, but a learned man is worshipped
everywhere."
This is the lesson which the Mitakshara teaches us in the 21st century. If India has to rise as a
nation we must not be sectarian or chauvinists but all must feel like Indians living like a united
family and must respect each other, whether we come from North or South, East or West.

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The second importance of Vijnaneshwara's Mitakshara in India in the 21st century is the great
progress it made in traditional Hindu law by making it secular. In this connection it may be
mentioned that in ancient India there was not only great development in Philosophy,
Mathematics and Science, but there was also great advancement in the field of law.
Vijnaneshwara struck a totally new note in the development of Hindu law and made it secular.
This has great importance for the 21st century when secularism is absolutely essential for the
unity and progress of the nation.
India is a country with tremendous diversity, innumerable religions, castes, languages, ethnic
groups, cultures, etc. Hence only secularism and respect for everybody can keep the country
together and make it progress. That is also the mandate of the Constitution, vide Articles 25 to
30 of the Constitution.
Apart from the above, the Mitakshara of Vijnaneshwara liberalised the law with regard to
women. This is followed even today.

PARASHAR SMRITI
It is the most benevolent for the modern Kali Yuga. Parashar has himself said:
KRITE TU MANAVO DHARMASTRETAYAAM GAUTAMO SMRITAH ||
DWAPARE SHANKHALIKHITAA KALAU PARASHARAH SMRITAH ||20
Meaning: Manu smriti was most relevant in Satya yuga. In Treta, smriti by Gautam had most
relevance whereas in Dwapar yuga , Shankh’s smriti was mostly recognised. But in the Kali
yuga , it is the Parashar smriti that by and large shows the way to the ignorant people. This
endorse all those ideologies of human life which are capable of improving the life of common
people in the present forth age. Paradoxes are the main features of human life in Kali Yuga
irrespective of region, culture and society.
Other Smritis play role in today’s society to an extent and influence the practices in India.
They are the origin of the cultural practices in India and also guide the behaviour of human
beings to an extent.

20
Meaning- Manu Smriti was most relevant in Satya Yuga. In Treta, Smriti created by Gautam had most relevance
whereas in Dwapar, Shankh's Smriti was mostly recognized. But in Kali Yuga, it is Parashar Smriti that by and
large shows the way to the ignorant people, see http://www.urday.in/parashar.htm

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CONCLUSION
The Smritis which remind us about the Vedas are established supremely and are important
historically, socially, culturally and have literary importance. It contains the ancient history of
the world which is very beneficial for the human kind. 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 basic principles of Manu Smriti are valid even today not only in Hinduism
but also are quite applicable to the entire human race. The rational approach adopted by Manu
has been widely appreciated by scholars of East and West. They are not followed completely
by the society today but the rituals performed and the customs and traditions followed do have
the essence of these Smritis because the origin of the customs and traditions followed in the
Indian society has it’s roots these Smritis.

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BIBLIOGRAPHY
BOOKS REFERRED TO ARE:

• Ancient Indian Law (Volume I) – 2009 by K.N. Tiwari & Krishna Kumari (Author)
• Ancient Indian Law (Volume II) – 2009 by K.N. Tiwari & Krishna Kumari (Author)
• Ancient Indian Law (Volume III) – 2009 by K.N. Tiwari & Krishna Kumari (Author)
• The Indian Encyclopaedia Hardcover – by Subodh Kapoor Cosmo Publications,

WEBSITES REFERRED TO ARE:

• http://www.samarthbharat.com/files/republic.pdf
• http://www.urday.in/parashar.htm
• www.indianetzone.com
• www.sacred-texts.com
• http://www.hindupedia.com/en/Smriti
• www.hinduwebsite.com

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