Ancient and Medieval Indian Political Thought

Unit-II: Manu

(a) AUTHENTICITY OF MANU SMRITI (TALKING POINT)

(b) SOCIAL LAWS AND CONCEPTION OF JUSTICE
Dr. Mangal Deo

STRUCTURE

1.1 Learning objectives

1.2 Introduction
1.3 Authenticity of Manu Smriti (Talking Point)
1.4 Political Philosophy of Manu
1.4.1 Divine Theory of Origin of the State
1.4.2 Main Features of State Structure
1.4.3 Limitations of State Activity
1.4.4 Duties of the King
1.4.5 Is the King Autocratic?
1.5 Social Philosophy of Manu
1.5.1 Social Laws
1.5.2 Concept of Justice
1.5.3 Varna System
1.6 Manu's views on Women and their Duties
1.7 Conclusion
1.8 Practice Questions
1.9 References

1.1 LEARNING OBJECTIVES

• To study the various opinions given regarding the authenticity of Manu smriti as a
Hindu law.
• Study of social law described in Manu smriti.

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• Study of social and political philosophy of Manu.

• To study Manu's views on Varna system and the concept of justice.

1.2 INTRODUCTION

The legal literature of ancient Indian Hinduism is divided into three parts—the Dharma
sutras, the Dharma sastras, and the Commentaries. In which the importance of theology is
more and Manu smriti has the most important place in theology. Which is considered the
basis of Hindu law. This is not only a theology, but it is such a book, in which the
arrangement of the entire social life of humans has been duly described. Basically, those
basic principles of human social life have been discussed.
According to Indian social and political tradition and beliefs, Manu is considered as
the first social administrator and AdiPurush. The mention of social methods propounded by
Manu is mentioned in Manu smriti. Special mention of Manu is found in ancient Indian texts.
Manu is mentioned several times in the Rigveda and is acknowledged as the father. Man, or
mankind is the progeny of Manu. It is mentioned in Manu smriti that in the beginning of
creation, Brahma created Virat Purush and Manu was born from Virat Purush. Thus, Manu
has been described as the mental son of Brahma. In the beginning of the creation, the rules of
religion and conduct were told by Brahma to Manu and Manu to other sages. Although there
are different beliefs about Manu and Manu smriti.

1.3 AUTHENTICITY OF MANU SMRITI (TALKING POINT)

Despite Manu smriti being the basis of Hindu religion, law and social system, there is a lot of
difference of opinion among the scholars regarding its composition and composition period.
The Manu smriti, or the Code of Manu, is considered one of the most important works in the
Dharmasastra tradition, the others being the works of Vasishta, Gautama and Yagnavalkya.
Mythologically in Hinduism, Manu is considered the father of mankind and the first
lawgiver. He is also mentioned as the first king in many ancient texts. Some scholars are also
of the opinion that Manu was not actually a name, but a title given to jurists in ancient India.
Therefore, there remains a dispute regarding the authorship and time of composition of
Manusmriti, whether it was written by a single person or whether the code was contributed by
different jurists at different times. Some historians attribute it to the Shunga dynasty of the
2nd century BCE. Most historians consider it to be composed between 200 BC and 200 AD.
Dr. V.C. While Sarkar considers Manusmriti to be composed before 150 BC, Max Müller is
of the opinion that it was written after the fourth century. Despite the above differences, the

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 Ancient and Medieval Indian Political Thought

value and importance of the text always remained. Patrick Olivella argues that Manu first had
a copy of Kautilya's Arthashastra and that much of the legal and procedural material was
incorporated from it. An important theme presented in the theological discourse is moksha or
liberation, a central idea of Indian religion that did not play a major role in early theological
history. Manu also mentions 'Svarashtra', the friendly and enemy kingdom, Mandal Rashtra,
which were associated with each other in various friendly relations. Some of these were
central, some indifferent, neutral and desirous of victory. This makes it clear that the
Aryavarta depicted by Manu was divided into several kingdoms and thus was not united from
a political point of view. This is also a reflection of the mandala principle in Kautilya. In
addition, he also talks about war and foreign policy based on the same fourfold and sixfold
policies as Kautilya.
four ways-
a) Saam (Reconciliation),
b) Daam (price),
c) Dand (punishment),
d) Bhed (distinction).
Six measures for foreign policy (sixfold: Niti)— a) sandhi (compromise), b), Vigrah
(enmity), c) Yana (march), d) Asana (readiness for attack), e) Dwaidhi bhava (Dual soldier
policy) f) Aashray (subordinate alliance). William Jones translated the Manu smriti into
English in 1794, and it became the first Sanskrit text to be made available to non-Asians.
Max Müller also wrote about the text in detail in his 1886 work 'Sacred Books of the East'. It
has 12 Adhyayan (chapters) and 2694 verses dealing with the sources of Dharma, the creation
of the world, the duties of the king, the duties of the various castes. In this way, in the first
chapter of Manu Smriti, from the origin of the world, subjects like politics, religion,
punishment, karma, rules of rebirth and liberation have been described in detail. Dharmo desh
and Smriti are mentioned in the second chapter. Celibacy in the third chapter, daily rituals are
described in the fourth, female education in the fifth, the glory of Vanaprastha in the sixth
chapter, Raj shastra in the seventh, description of accusations and crimes in the eighth.
Vaishyas, Shudras are mentioned in the eleventh part and death has been mentioned in the
twelfth chapter. In this way, there is no unanimity among the scholars regarding the creation
period and authenticity of Manu Smriti.

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1.4 POLITICAL PHILOSOPHY OF MANU

1.4.1 Divine theory of the origin of the state—

In the seventh chapter of Manusmiriti, the divine theory of the origin of the king has been
explained. According to Manu, when fear prevailed in society due to anarchy (stateless
society), then the Lord created the king. The Lord created the king by combining the eternal
particles of Indra, Pawan, Yama, Surya, Agni, Varuna, Moon and Kuber. He presented a
divine principle of political obligation, designed to instruct subjects to obey the king, and to
claim that the king should still be respected because he was a child. He is a deity in human
form. The protection of the subjects was considered the primary duty of the king, as this was
the reason for his creation. They are also expected to protect all castes and order. He also
mentioned punishing wrongdoers as an important duty of the king, believing that the threat of
punishment was necessary to maintain social order. The subjects were bound to pay the taxes
that were collected by the king for social welfare. Anyone who fails in his duties will go to
hell after death.
1.4.2 Main Features of State Structure
Manu considered the state as Saptanga, that is, the state is organic. It is described in Chapter-
9 of Manusmriti. Like Kautilya form an organic theory of the state, i.e. it has seven organs
with specific functions and when each does its job well, then only the state can survive and
prosper. This theory is also called Saptanga theory because it includes seven elements like
Kautilya. The seven elements mentioned in Manusmriti include—
a) Swami (king)
b) Aamatya minister
c) Pur (capital)
d) nation (state)
e) Kosh (Fund)
f) Danda (punishment)
g) Friend (associate)
In the Manusmriti version of the Saptanga doctrine, kila and janapada (of Arthasastra) are
replaced by pura and rashtra, i.e. capital and state. It presents the organic theory of the state.
The king was supreme, there were ministers to assist him. The appointment of ministers is
one of the central duties of the king. Appointing the right minister in the right department is
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 Ancient and Medieval Indian Political Thought

an important administrative duty and a lot depends on it for the craft of the state. He
suggested five criteria about appointment—tradition, ability, test, fulfilment of objectives and
test of courage. Manu considered secrecy essential to statecraft and therefore believed that the
king should constantly test the loyalties of his servants.
Unlike Kautilya, Manu said that the king should not only be widely consulted on
matters of policy but insisted that Brahmins should also be included in this deliberation.
Clearly, he suggested that the administrative role of the king could not be fulfilled without the
support of the Brahmins. Manu also suggested that each department should be given greater
autonomy and independence as well as effectively transferring power to the king. He allowed
greater autonomy to key departments such as finance and the military. In fact, he suggested
that the king should seek the advice of his ministers and listen to them dispassionately.
Manu believed power tends to corrupt people. Therefore, he suggested constant
monitoring of administrative officers. He firmly stated that the king should behave like a
father to the public and that as a guardian he was duty-bound to improve the lives of his
people. At the same time, he was also expected to be most concerned about the interests of
the needy in society, including children, women and the aged. He said that the king should
reflect the characteristics of various animals whenever needed—he should act as a tortoise,
which is expert in protecting its weakest points when it senses any danger; He should have
the patience of a heron, and never act rashly, he should have the strength of a lion, he should
be opportunistic to maximize his national interests like a wolf snatches its prey, and Must be
tiger like a lion, always alert and very agile, even if he has to retreat as a situation.
Like Kautilya, Manu also supported the annexation of territories to increase influence.
He believed that the king should always be ready to use force, whenever necessary, to protect
and promote his national interests. It is both a natural and a just duty of the king. The
Manusmriti, unlike the Arthashastra, contains a detailed list of immunities and privileges
devised for Brahmins. They have been given special status. In fact, at times, it appears that
Manu recognized two entities at once—the king as a temporal authority and the brahmana as
a spiritual authority. According to him both were joint custodians of the sacred laws or
principles of dharma.
1.4.3 Limitations of State Activity
According to Manu, the meaning of government is to help the people in the accomplishment
of moral, religious, wealth and happiness (Dharma, Artha, and Kama). Therefore, the king
was expected to make constant efforts to achieve these goals in consultation with his
ministers. He was expected to provide protection to his people from both internal and
external enemies. Internal enemies could include thieves, marauders, or plotters of political
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upheaval, as well as government officials who were corrupt or who abused their power to
oppress the people. According to Manusmriti, the state should perform the following
functions-
All varnas to follow their duties (dharma),
follow the common law,
maintaining peace within the state and
Keeping the state free from external control.
In addition to these, states should enact laws to control the price of important commodities. It
is also expected to maintain social order and for the Vaishyas to continue trade, agriculture,
and animal husbandry, as well as to force the Shudras to serve the Dwijesh (higher caste). It
is also within the purview of the state to intervene to resolve a crisis or conflict between
different groups. It is the duty of the state to provide good education to its people and to take
good care of the teachers. To fulfil these duties, the king has the power to levy taxes as well
as punish those who deviate from the path of righteousness.
Manu also held that the king (government) should acquire land and wealth that has
not yet been acquired. Whatever has been earned must be protected and whatever has been
preserved must be increased. Whatever increase is made should be gifted to the deserving.
The policy of the Government in this regard is—
1. Acquisition
2. Security
3. Growth in various ways, and
4. Worthy (of land and money) gift.
Unlike Kautilya, expansionism was not a preferred policy for Manu. However, he also
formulated six tattvas or qualities for diplomacy. These include—Sandhi, Vigraha, Yana,
Asana (neutrality), Dvaidhibhava (the policy of dual action, making peace with one and war
against the other) and Sanshraya. As it appears, these theories echo Kautilya's theory. But the
meaning and intent of Manu seemed to be different from that of Kautilya. Kautilya aimed for
a Chakravarti king who always had extended territory and command, while Manu believed in
greater restraint in balance of power principles and used diplomacy for this purpose.
Manu argued that the king should make peace if he sees that there is no immediate
benefit and that his national interests may be compromised if war breaks out. He said that the
king should opt for war only when he is sure that we can defeat the enemy based on rational
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decision. For example, if he does not have faith in his army or his weapon system or chariots,
he should avoid going to war. At the same time, their participation in others' wars should be
based solely on profit-loss analysis and a pragmatic approach to forming new alliances.
Otherwise, it should prefer neutrality keeping all options open at the right time. The next
form of diplomacy was to prepare for a peaceful war without declaring it. It tended to confuse
the enemy and sometimes proved to be a natural deterrent. The next principle is to seek
refuge under the protection of a strong king if the king is sure of his defeat. This may force
him to compromise on various matters, but these are disadvantages which can be easily
overcome in the long run. The last is the policy of the double act, where the king is suggested
to be treacherous when it is good for the national interest. All these indicate that Manu has a
slightly different understanding of diplomacy than Kautilya.
1.4.4 Duties of the King
• Executive: Being the executive head, the king had two important duties—protection
and management. The first mentioned protection of all castes and creeds with special
reference to minors, women and the aged. The management mainly referred to the
fact that the king was expected to maintain social order, which included seeing that
everyone observes Swadharma in every situation. Together the executive functions
included the prevention of confusion between castes and their duties, protecting the
weak against the strong, and the king's right to receive 1/6 of the people's earnings for
performing the duty of protection.
• Judicial: As the judicial head of the state, it was the duty of the king to investigate
cases in the court daily, so that no one felt that they were being denied justice. Raja
must reach a conclusion on the merits of the case supported by the evidence. He
should not judge in haste without examining the evidence in detail. To do justice, he
should also consult Brahmins to get a religious and spiritual dimension.
• Legislative: The legislative functions of the king were limited as the rules of general
administration and conduct in the society were already laid down in the ancient texts.
Although he could have come up with some ordinance or royal order for
administrative purposes. But these could not violate the principles of Dharma and
should be offered only in consultation with Brahmins.
• Administrative: The king, being the administrative head, was empowered to make all
appointments, including the appointment of ministers. He was also expected to solve
any issue related to administration without any delay no matter how small the matter.
• Ecclesiastical: The king appointed the chief priest and selected other officiating
priests to perform his domestic rites and sacrifices. The appointment of these posts
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was of great importance as they could also provide guidance to the king on matters
related to religion and spirituality and suggest the path of religion to the king.
• Revenue: This included fixing the rates of taxes and duties. Manu believed that the
king should have good knowledge about finance and economy to supervise the
economy well. They should always try to control inflation. Especially on those items
which were of necessity. He was also advised to rationalize the rates of taxes, so that
it does not oppress any section of the citizens. This was especially true for difficult
times such as in the case of natural disasters. It was the duty of the king to maintain
the treasury and provide all kinds of relief when required, but also to levy additional
taxes in times of emergency like war.
• Army: Manu believed that the king, being the supreme commander, had the
responsibility to be exemplary and lead the army efficiently. He should fight with
bravery and honor. Even in war he should not leave the principles of religion. His
soldiers must be well equipped, and their families must be looked after. Good soldiers
should be rewarded openly, thereby inspiring others. Special attention should be paid
to the elephants, horses, and chariots in the army as the outcome of the battles
depends a lot on them.
• Enlightened: These referred to the king as a promoter of education and culture. He
was suggested to respect the brahmins as they were the truly enlightened ones. They
should always seek his blessings and advice and always follow his guidance.
According to Manu these were the primary duties of the king. Although this list is by no
means exhaustive as he talks about many other works in greater detail, these were important
works from the point of view of state art.
1.4.5 Is the King Autocratic?
Manu propounded the divine theory of the origin of the state but unlike the western thinkers
did not support the autocracy of the king. Manu placed the king under Dharma and
emphasized that the king should always protect his subjects. The training of the prince and
the daily routine prescribed for the king would not allow a king to act arbitrarily or like an
absolute monarch. The king is advised to consult the ministers as well as the Brahmins before
taking any decision. This recommendation for a consultative process is a model to maintain
accountability of the king as well as to see that he does not make arbitrary decisions. He gave
wide powers to the king to use Danda (punishment) to maintain the issues of society and to
uphold the principles of righteousness. However, he also mentioned that while using these
powers, the king had to be very careful neither to misuse it nor to judge in haste. To preserve

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the sanctity of punishment, Manu suggested that the king should be a man of high morality
and added that the king "who is carnal, biased and deceitful will be destroyed even by the
unjust punishment he inflicts". Manu also mentioned the death of a king at the hands of the
people—"that king who foolishly oppresses his kingdom shall be deprived of his life and his
kingdom for a long time, along with his kinsmen". According to Manu, the king's powers
were balanced with a structure of accountability that ensured that he did not become
tyrannical in his conduct.

1.5 SOCIAL PHILOSOPHY OF MANU

1.5.1 Social laws

Social order and social conduct were central themes in the Manusmriti and it focused on the
aspect of 'sociality', which separated the Dharmashastras from Arthasastra and then focused
broadly on the state structure, organization and its functioning. In fact, for Manu, it was one
of the primary duties of the king to protect and promote a stable social order based on the
principles of Dharma. He considered the Vedas to be the source of all religions and firmly
believed in its infallibility. Any person who does not act according to dharma is condemned
and is supposed to be punished. It is equally important to mention here that the meaning of
Dharma according to Manu is also contextual and focused in different ages. For example, in
Krita yuga, asceticism was given primacy, in Treta yuga, knowledge was given primacy, in
Dwapara yuga, yajna was given primacy and in Kali yuga, charity (gift) as the highest form
of dharma was given. Dharma has been given such primacy that Manu even suggested that if
one has to give up Artha (wealth) and Kama (sense pleasure) as well, then it is justified.
However, they are equally convinced that the purpose of religion is the broad common good
of all and can be discarded if the principles are in conflict with social welfare.
The law code established by Manu is still a basis of Hindu religion, under which a
detailed description has been given from the origin of the state to the duties of the king, the
principle of justice and punishment, the varna system and relations with foreign countries.
1.5.2 Conception of Justice
The judicial system has been described in detail in Manusmriti. Manu believed that there are
mainly two reasons for conflict and dispute to arise - first, dispute arising due to violence or
crime, and second, dispute arising due to land and wealth. This is mentioned in Manusmriti.
That the work of justice is the responsibility of the king, but if the king does not control the
work of justice, then he should appoint a learned Brahmin as a judge to do the work of
justice. Judges should decide all disputes impartially and neutrally. The members of a court

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that does not decide based on truth are destroyed by sin.

Regarding the qualification of a judge, Manu says that only a Brahmin is eligible to be
a judge, in any case a Shudra should not be made a judge. Characters, signs, and other efforts
can be used to guess the feelings of human beings. The evidence to be presented in disputes is
divided into two parts in Manusmriti, one is human proof and the other is divine salutation.
Three types of human proof have been described – written Manu has written that the
evidence written by the judges should be given more importance, but the writings written by
force should be invalidated. They are reliable because they are seen by the direct eyes in the
evidence proof, but the people who speak lies, the servants One should not believe the
statements of enemies, sanyasis, and lepers. There should be a provision of oath before the
evidence and there should be strict punishment for those who give false evidence. Evidence
should be taken from women in the case of women. should be given utmost importance.
Manu considers punishment very important in the judicial process. According to Manu,
punishment is the king because punishment gives the power to rule, this is also the purpose of
religion. The king should arrange just punishment in the state. Four types of Punishment have
been described by Manu – Dhigdand, Vagdand, Dhandand, and Vhaddand. Thus, in
Manusmriti, a detailed description has been given in the context of punishment and justice.
1.5.3 Varna system
The functional division of society into four varnas and the arrangement of human life into
four ashrams are at the core of the Manusmriti. It also becomes important because the idea of
swadharma is linked to one's stage of life and one's place in the varna system. Following the
Dharma sutras, Manu argued that Brahma deva created different varnas from different parts
of his body. Brahmins were born from the mouth, Kshatriyas from the arms, Vaishyas from
the thighs and Shudras from the feet. The myth was also used to propose a form of divine
legitimacy and legitimacy to the system. He claimed that this differentiation also indicates the
functional division of society. This functional division was based on the birth of a person in a
particular varna and there was no possibility of mobility. This contrasted with the idea of
varnas during the Vedic period, with inter-varna mobility possible based on merit. According
to Manu, the abilities of all men were not equal, since they had different executive capacities,
so they should ideally perform the tasks for which they were best suited. Unfortunately for
Manu, the determinant of this criterion was one's birth, not merit. Brahmins were virtuous
and meant to impart knowledge. Kshatriyas were dedicated to protecting and providing
security to others as they were brave and courageous. Vaishyas were dedicated to the tasks of
producing goods and services. And the Shudras were there to render service to the people.
The other three varnas were mainly engaged in manual labor. This division of labor is
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 Ancient and Medieval Indian Political Thought

hierarchically placed according to social function, whereby the Brahmins are said to occupy
the most prestigious position in the descending order of the hierarchy, with the Kshatriyas,
Vaishyas and Shudras, with the Shudras at the bottom. The Brahmins were considered
superior to other people because they were pure in character, virtuous and well-educated in
the Vedas and therefore possessed complete knowledge of Dharma. He was not only a person
devoted to knowledge but was also pure and selfless by nature and behavior. Kshatriyas were
placed second in the hierarchy because they had a sense of duty to provide protection to
others but were not devoid of personal interests and ambitions. The Vaishyas were ruled by
profit motive and guided by desires and selfishness. The same argument was given to justify
the hierarchy among the dwijas (twice born) castes.
Manu prescribed a strict code of conduct for each varna, with a clear preference for
Brahmins. He insisted that the names of Brahmins should be chosen in such a way that it
signifies respect, that of Kshatriyas that of power, that of Vaishyas that of wealth and that of
Shudras that it signifies dishonor. The privilege and reverence for Brahmins is such that even
if a king is 100 years old, he should respect a 10-year-old Brahmin as his father. Even an
uneducated Brahmin could guide the king and teach him the laws. He also claimed that Dwijs
were not meant to serve other castes and provided that if anyone enslaved a Brahmin, he
could be fined 600 Pannas. On the other hand, the services of Shudras to the higher castes
should be free, in fact they should consider themselves fortunate that they have got the
opportunity to serve the higher castes and should do it as a duty. The condition of the
brahmins is further revealed when Manu argues that the land where there are no brahmins or
the brahmins are not happy, will be devastated and destroyed. Equally offensive to Manu's
advocacy of the superiority of the Brahmins are the limits he sets for the Shudras. He insisted
that those who teach Shudra disciples or are taught by Shudras are not worthy of respect and
will be destroyed. It was clear that the Shudras were unfit for education and unfit to rule.
Therefore, he suggested that it was better for all the inhabitants to leave the country where a
Shudra was the ruler. Manu also framed very strict codes to control the conduct of the
Shudras. Therefore, if a Shudra insulted a person of a higher caste, his tongue could be cut
off. If he abused the upper caste, a ten finger long red-hot nail could be put in his mouth. If he
claimed to know more than the Brahmins and tried to preach the Dharma to them, the king
could pour burning oil into his mouth and ears. If a Shudra man had sexual intercourse with a
high caste woman, he was put to death and all his property was confiscated. The hierarchy is
strictly in favor of the Brahmins and there are many exceptions and immunities for their
privileges. This prerogative has also been extended to penal laws, where different
punishments are prescribed for offenders involved in the same offence. Shudras are not only
condemned, but also forbidden from any respectable enterprise. Inter-cuisine and inter-caste

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marriages are strictly prohibited. Manusmriti is very strict about this functional division of
society and claimed that it was better to do so.
Ashram Dharma
Ashrama dharma is also an essential feature of ancient Indian thought. It is a structure that
was considered important to lead a balanced life between materialistic pleasures and the joy
of spirituality, emphasizing the importance of the worldly as well as the transcendental life.
This system was essentially designed to be followed by the upper castes, which included all
varnas other than the Shudras. It consists of four divisions—the Brahmacharya Ashrama, the
Grihastha Ashrama, the Vanaprastha Ashrama and the Sannyasa Ashrama.
The brahmacharya ashrama is the first stage of one's life and extends until the age of
25, where the individual is expected to live away from family in the guru's ashram and
dedicate this stage to learning. The individual is governed by disciplinary rules, which are
followed based on the guidance of the ashram teacher and must be devoid of any physical or
materialistic pleasures in this stage. Even food had to be collected as alms, to prepare the
child for the zenith of life. The whole focus is on gathering knowledge and wisdom and the
qualities necessary for improvement in all its faculties.
After dedicating and successfully completing the brahmacharya stage, one enters the
stage of Grihastha Ashrama. It occurs from the age of 25 to 50 years. During this period the
individual is expected to marry and contribute to society by producing and raising children.
He is allowed to enjoy materialistic pleasures and perform all his duties related to his family
and society with a sense of dedication. Manu has mentioned about 13 samskaras that a person
has to perform during his whole life and most of these have to be performed in this phase,
which include Garbhadharan, Jatakarma, Namkarana, Nishkramana, Annaprasana,
Chudakarma, Upanayana, Vedarambh, Samavatran., marriage, retirement, retirement and
funeral rites are included. He also prepared a detailed list of different forms of marriages that
were considered valid during his period, which included Brahma Vivah, Deva Vivah, Arsha
Vivah, Prajapatya Vivah, Asura Vivah, Gandharva Vivah, Rakshasa Vivah and Paisach
Vivah.
After 50 years came the stage of Vanaprastha Ashram which continued for next 25
years where the man transfers all his duties and responsibilities to his son and prepares for the
last stage of life with wife. Here they are expected to perform religious duties and engage in
spirituality. Their food and clothing are simple, and they renounce all kinds of worldly
pleasures.
The final stage is the sannyasa ashram. Before entering this stage, he is expected to

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 Ancient and Medieval Indian Political Thought

clear all his debts and satisfactorily fulfil all his duties related to his forefathers, parents,
family and society. The goal of this stage is to attain Moksha (salvation) and he must
participate in this journey alone. In this state he had to renounce everything and move
towards solitude free from all ties and worldly affairs.

1.6 MANU'S VIEWS ON WOMEN AND THEIR DUTIES

Especially in the circle of family. Manu on several occasions recognized that women should
be respected and that countries where women are not respected or treated with humiliation
and humiliation are bound to be doomed. But it is also mentioned in Manusmriti that husband
and wife should have equal status and there should be a feeling of mutual satisfaction and
happiness between them. Women are not less in any way but because they are not so
physically capable it becomes the duty of their fathers, husbands, and sons to provide
protection to them at different stages of life. Also, many contradictory views can be found in
Manusmriti which looks at the character of women with suspicion and formulates several
codes to control her social behavior and conduct. Therefore, it is believed that it is the nature
of women to seduce men as per the social laws for women in Manusmriti are very
controversial propositions and therefore it is advised that wise men should be cautious in their
institution, as they do not allow men to control their desires. Has the ability to enslave. It is
also mentioned based on many physical characteristics about women who should not be
married. For example, wise men avoid marrying women who have red hair, disfigurement of
any part of the body, who have fallen ill often, who have excessive hair or no hair, and who
have eyes be red There are strict codes preventing menstruating women from participating in
any auspicious occasion, as they were considered impure. Recurrence of gender and caste
issues can also be seen in some codes. Therefore, it is suggested that when a person from a
higher caste marries a Shudra woman even by mistake, it leads to the downfall of the entire
family as all the demerits of the Shudra caste are transferred to the next generation. Any
offering made by such men is neither accepted by the deities nor the holy spirits. The codes
are even stricter for married women. Therefore, it is said that even if men lack virtues, have
sexual perversions, or are devoid of any good quality, women should worship them and serve
them, as this is the only way to their salvation. Her only chance to go to heaven depended on
how much she obeys and pleases her husband, on the other hand women who do not perform
their duties towards their husbands suffer from leprosy and suffer both in this life and in the
afterlife. Consumption of alcohol, association with wicked men, separation from husband,
wandering and sleeping idle are considered as the primary demerits of women and it is said
that such women can never be faithful to their husbands. Giving birth to a male child is
considered very important for women and if he is not able to produce a male child then the
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School of Open Learning, University of Delhi
 B.A. (Hons.) Political Science/B.A. (Programme)

husband is advised to marry another. Once a widow she had to lead an isolated life with a diet
consisting only of flowers, vegetable roots and fruits. Strict codes govern every aspect of
women's lives. In the modern view as argued by many feminists. The Manusmriti supports
the view that women are merely male child-producing machines and that their role is limited
to rearing children, meeting the needs of their families, and keeping their husbands happy.
Manu's arguments present a clear sense of hierarchy with unequivocal support for male
dominance and control in the family and society.

1.7 CONCLUSION

Manu was the first such thinker in ancient Indian political thought, who put an end to anarchy
and laid stress on the establishment of a systematic governance system. Supported the theory
of the divine origin of the state but not the autocratic king and bound the ruler to religion and
morality. Manu as a law speaker and codifier chained the rules of human life by which a good
life can be led. As a political thinker, detailed description of subjects like administrative
system, tax ssystems judicial administration, foreign policy etc. Manu's idea regarding the
king is original, in which the superiority of Plato's philosopher ruler and the pragmatism of
Machiavelli's prince is seen. According to Satya Mitra Dubey, “The rules propounded by the
tradition of Manusmriti have special importance in the Indian social system. True in a
distorted form, even today this rule is the regulator of the conduct of most of the people of the
Indian nation.

1.8 PRACTICE QUESTIONS

1. Critically analyses the opinions of various scholars regarding the creation and
authenticity of Manusmriti.
2. Manusmriti supports the theory of divinity of monarchy, but not of divine rights.
Explain this statement.
3. Critically examine the social and political ideas of Manu.
4. Critically discuss Manu's views on justice and punishment.

1.9 REFERENCES

• Jaiswal, K. P., (1930), Manu and Yagyavalkaya

• Jaiswal, K. P., Hindu Polity

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School of Open Learning, University of Delhi
Ancient and Medieval Indian Political Thought

• Motwani, K., (1953), Manu Dharma shastra

• Prasad, Beni, Theories of Government in Ancient India
• Dubey, Satya Mitra., Manu's Social System
• Jha, Ganganath., Manusmriti Notes, three volumes
• Fadia, B. L., (1995) Indian Political Thought, Sahitya Bhawan, Agra. p. 21-38

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School of Open Learning, University of Delhi
 Manu Social
*
UNIT 6 MANU SOCIAL ORDER AND LAWS Order and Laws

Structure
6.0 Objectives
6.1 Introduction
6.2 Sources of Law
6.3 Rajdharma: The Duties of the King
6.4 Social Laws
6.4.1 Marriage
6.4.2 Women
6.4.3 Mixed Castes
6.5 Criticism
6.6 Let Us Sum Up
6.7 References
6.8 Answers to Check Your Progress Exercises

6.0 OBJECTIVES
The aim of this unit is to acquaint you with the ideas of Manusmriti on
preservation of social order and polity. After studying this unit, you should be
able to:
 Explain what Manu means by social order
 What are the main social laws prescribed by Manu
 Place Manusmriti in a social context
 Recount the main criticisms against Manusmriti

6.1 INTRODUCTION
The Manusmriti, or ‘The Laws of Manu’, is considered to be one of the most
authoritative texts in the Brahminical tradition which lays out social and civil
laws and codes of conduct which are necessary for the maintenance of dharma. It
prescribes the conduct for men and women of the four social classes or varnas –
Brahman, Kshatriya, Vaishya, Shudra – and rules of interaction between them. In
addition, it lays out rules of conduct for people in the four stages of life,
ashramas – brahmacharya, grihstashrama, vanprastha and sanyasa. It also

*
Dr Amitanshu Verma, Senior Researcher, Centre for Equity Studies, New Delhi

107
Political Concerns prescribes rules and obligations for the King – rajdharma – and laws related to
and Key Ideas
civil matters like business and contract. The purpose of these rigid social rules
and boundaries is to preserve dharma – the social order marked by hierarchical
varna system, where the Brahman enjoys most social privileges and Shudra the
least. The proper sphere of activity for the Brahmin is study of the Vedas and
begging, for Kshatriya is statecraft, for Vaisya it is trade and moneylending, and
for Shudra is to serve the above three. The Shudras are not entitled to an
education. All four varnas enjoy complete control over the women of their social
category. Thus the ‘Laws of Manu’ do not contain a distinction between secular
and religious laws. It is the social law which dominates the political as well as the
personal sphere. Even the kingly functions are aimed towards preservation of the
social order.
Historians do not consider ‘Manu’ to be one historical person. Rather, what we
know as the ‘Laws of Manu’ is handiwork of several Brahmin individuals, which
was compiled in early centuries of the Common Era in Northern India. Manu
appears to be a mythological figure in Brahminical tradition and later in the
Hindu religion, who has often been called the first human being.
The 2694 stanzas divided in twelve chapters of Manusmriti talk about a range of
issues: caste restrictions, dietary restrictions, restrictions on women, rites of
marriage, death and sacrificial ceremonies, purification rituals, penalties for
breaking these rules and rules of polity to be followed by kings. The social laws
of Manu offer us a glimpse into how the powerful sections of early India, the
Brahmins who composed the work, desired the society to be. A study of Manu’s
social laws will also provide a glimpse of how society was sought to be
organized, because the ideas contained in the book were not entirely new, but
culmination of Brahminical tradition of social thought which traced itself to the
Vedas. Such detailed and elaborate rules of social control were made to avoid
chaos, or what Vedic texts have called Matsyanyaya, an anarchic situation where
only the law of the stronger exists. Thus, Manusmriti appears to be an attempt by
socially powerful sections of Indian society to retain and preserve the social order
of their privilege, at a time when rapid historical changes were taking place.

6.2 SOURCES OF LAW

The Manusmriti forms part of the smriti canon of Hindu religious corpus, which
refers to knowledge received from tradition. The other canon is shruti which
refers to revealed knowledge or divine knowledge. The Vedas belong to the
shruti group and occupy a somewhat superior position. The classification of
religious knowledge between shruti and smriti, ultimately indicates two sources
of law – the divine and traditional. Although, repositories of traditional
knowledge claim that revealed texts are their source.
The Laws of Manu claim four sources of sacred law; the Vedas, conduct of
virtuous men learned in the Vedas, conduct of holy men and self-satisfaction. It
also claims that all the social laws prescribed in it are in strict accordance with
108 the Vedas.
Tracing the origin of law to the divine is a way to command obedience, and to Manu Social
Order and Laws
claim that the law stands above human scrutiny. Such a source also enables the
dominant social sections of society to claim that they are eternally entitled to
respect, wealth and political power. Because divinely ordained laws are
unchanging and depend on the conduct of those already in power, they seek to
bolster their position privileged position. For instance, historian K.P. Jayaswal
explained that the divine origin theory of kingship was furthered by Brahmin
king Pusyamitra Sunga in order to make his family’s claim to the throne
permanent, and to discredit the Buddhist theory of state which emphasized
contract amongst people to decide their ruler.

Check Your Progress Exercise 1

Note: i) Use the space given below for your answer.
ii) Check your progress with the model answer given at the end of
the unit.
1) Why is Manusmriti considered to be a part of ‘smriti’ tradition?
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……

6.3 RAJDHARMA: THE DUTIES OF THE KING

Why was the king created? The king was created to protect and control chaos and
fear which prevailed in a society without a ruler. A Kshatriya who has received
training in Vedic tradition and has gone through all the prescribed religious
practices from childhood – the initiation (upanayana) and studentship – is fit to
be king, according to Manu. A king is superior to all other living beings because
he is made out of divine elements from the gods. Manu demands total obedience
to the laws of the King. It is the king who preserves and protects the social order
of the four varnas, the dharma. Hence, disobedience of the king is akin to
sacrilege and invites severest reprisal. The instrument employed by the king to
preserve and protect the social order is danda or punishment. Echoing
Arthashastra, the Manusmriti claims that punishment is the king itself. It is
punishment which watches over, which governs, and which protects. Manu warns
that danda has to be applied after due consideration in order to lead towards
happiness. Recklessly applied punishment destroys everything.
If danda is not employed, then ‘the stronger would roast the weaker, like fish on
a pit,’ ‘the crow would eat the sacrificial cake and the dog would lick the
sacrificial viands, and ownership would not remain with anyone, and the lower
ones (would usurp the place of) the higher ones.’ These metaphors explain that 109
the social order, where wealth, property ownership, education and religious
Political Concerns training is reserved for the three higher varnas, would crumble. ‘All castes
and Key Ideas
(varnas) would be corrupted (by intermixture), all barriers will be broken
through.’ Manu fears that in absence of punishment, the endogamous rules of
marriage within the same caste, or between the male of a higher caste and female
of a lower caste, would be broken and caste hierarchy and entitlement over power
and resources would lose all meaning. An ideal king, therefore, has to be truthful
to the social order and should observe justice and dharma by making sure that the
social and economic restrictions placed by the varna order are not broken. A king
who is of unsound mind, who is addicted to sensual pleasures and who is partial
and deceitful will not be able govern or adhere strictly to the caste order. Manu,
therefore, spells out that ‘The King has been created to be the protector of the
castes and orders, who, all according to their rank, discharge their several duties.’
A just King has to ensure that the castes do not break ranks – do not intermarry
and do not take up occupations which are not prescribed for them. In addition, in
dispensing of justice the King ought to ‘with rigour chastise his enemies, behave
without duplicity towards his friends, and be lenient towards the Brahmanas.’
The King should always remember his role as the protector of the social order.
For this purpose, ‘Let the king, after rising early in the morning, worship the
Brahmins who are well versed in the three-fold sacred science and learned in
(polity), and follow their advice.’
In order to strictly protect the caste order, the King should not only worship
learned and aged Brahmins, but should also cultivate virtue and shun vice. Only a
king who has mastered self-control and is free of envy, wrath and resentment will
be able to ensure that each caste follows its stipulated occupation and does not
comingle with others socially through marriage. The only relaxation to this strict
system of social rules could at times be made for the brahmin.
The king should shun all sorts of vices like excessive love for hunting, gambling,
company of women, singing music and dancing, because they can lead him
astray from ruling and cloud his judgement according to Manusmriti. Women for
Manu are similar to property and other objects of desire, who should be
possessed, but their ‘use’ should be controlled. This shall be elaborated upon in
the section on Social Laws for women.
Thus, Manu not only invokes the divine theory of kingship, he also extols danda
as the instrument of rajdharma. It is through punitive violence that things are kept
in their place.
In order to carry out the everyday administration of the state, the Manusmriti
offers a great deal of detailed practical advice to the King regarding appointment
of ministers, foreign relations, conduct of war, system of spies and other juridical
and civil functions.
Manu advices that the King should employ seven or eight ministers from families
who have served him well, who belong to noble (upper castes) families, who are
trained in the use of weapons and whose worth has been proven. The king should
110 daily consult with them on matters of war, peace, administration of towns and
kingdom, treasury and revenue, defence and tributes. Tasks which are difficult Manu Social
Order and Laws
for the King alone become far easier with the aid of trusted assistants. The most
important issues should be discussed with the most trusted and distinguished
Brahmin among his ministers.
Security from external enemies from outside is as important as maintenance of
social order within the kingdom. The Laws of Manu advise the King to have
skillful and knowledgeable ambassadors for conduct of diplomacy. For the
ambassador enables the king to have allies – they negotiate peace or war. The
king should rely on ambassadors to inform him beforehand of the enemies’
designs. Defence should be the uppermost concern of a kshatriya king and by
employing the four
expedients – conciliation, bribery, dissension and force – the king should protect
his kingdom. As Arthashastra, Manusmriti advocates that against a powerful
enemy conciliation should be tried first, followed by bribery and discussion. If all
else fails, only then coercion should be adopted. Yet, the king ought to be
prepared for any eventuality and is advised to build forts at convenient locations
in towns and hills, well stocked with soldiers and weapons.
Regarding war, Manusmriti has a range of practical advice. The principle of
saam (conciliation), dam (bribery), dand (force), bhed (dissension) is to be
employed. Force is to be used only when other three strategies have failed. A
king should only wage war when he is assured of his superiority and his enemies’
weakness and all other forms of diplomacy have been exhausted. It is always
advisable to have a weak but trusted friend than to make him an enemy. The text
advises against waging war if the army of the king is weak and his ammunitions
inadequate. In case the enemy is too strong, it is advised that the king should
divide his armies into two and take refuge in some other friendly kingdom.
After the war if the King has managed to win, his aim should be to win friends
rather than acquiring wealth and lands. Manusmriti seems to favour self-defence
and friendship in inter-state relations rather than a doctrine of imperial expansion.
In this regard, it differs from the Arthashastra which lays emphasis on imperial
conquest.
The Laws of Manu advice the King to be extremely cautious of getting poisoned
and assassinated, should have an elaborate system of spies to watch over not just
the external enemies, but also the enemies within.
The Manusmriti envisages a system of administration which extends from village
to the king. Village is the unit of local administration as each village is to have a
lord, who shall report to the lord of ten villages, who in turn shall report to the
overseer of twenty villages. The lord of the village shall see to it that the
expected amount of – food, drink and fuel – is being supplied from the village
under his command to the King. A minister of village affairs will oversee the
functioning of all these lords. Similarly, a superintendent is to be appointed in
each town who shall look after the work of officials in each department of town
administration. 111
Political Concerns The king is advised to impose moderate taxes, just like the bee or a leech take
and Key Ideas
only moderate amounts of food. The king who exploits his subjects digs his own
grave. Different kinds of taxes in the form of revenue, fees, fines are to be levied.
The property of corrupt officials is to be confiscated. In no circumstance though,
the king can tax a srotriya – a brahmin who studies Vedas. In fact, the king is
advised to donate and gift generously to the brahmins. Without a strong financial
base and an efficient and honest administration to collect taxes, no kingdom can
exist.
The Manusmriti expounds on the organization of justice functions to be
performed by the king in civil and criminal matters. As already explained,
‘justice’ for Manu is primarily the proper maintenance of the four-fold varna
order, with the brahman male occupying the most privileged position, shudra the
least, and with women being treated as property. Justice would also mean that the
powerful positions of brahmin and the king, are retained. Thus, Manu writes, the
Kings court of justice would comprise himself ‘together with Brahmanas and
experienced councillors.’ And ‘let him examine the causes of suitors by the order
of castes (varna).’ In case the king is not able to personally attend to the suits,
then the responsibility should be delegated to a brahmin. Matters of civil suits
concern: non-payment of debt, deposit and pledge, sale without ownership,
concerns among partners, resumption of gifts, non-payment of wages, non-
performance of agreements, recession of sale and purchase, disputes between the
owner (of cattles) and his servants, dispute regarding boundaries, assault,
defamation, theft, robbery and violence, adultery, duties of man and wife,
partition of inheritance and gambling and betting.
Interpretation of the law should only be done by a Brahmin and never a Shudra.
For ‘The kingdom of that monarch, who looks on while a Shudra settles the law,
will soon sink like a cow in a morass.’ And ‘The kingdom where Shudras are
very numerous, which is infested by atheists and destitute of twice-born, soon
entirely perishes.’
The king should see to it that minors, women, widows, and men of all castes are
not robbed of their property. In general, men of all castes could be called as
witnesses. Only in specific and urgent situations should sick men, women and
minors be admitted as witnesses.
The punishments prescribed by Manusmriti reflect the caste order, with the
leniency being reserved for the Brahmin and severity for the three lower varnas.
For giving false evidence fine and banishment should befall on the three lower
varnas, while a Brahmin can only be banished.
Similarly, Brahmin is exempt from corporeal torture and capital punishment. ‘A
Shudra who insults a twice born man with gross invectives shall have his tongue
cut out; for he is of low origin.’ While a Brahmin will be fined 12 panas for
defaming a Shudra.
The laws place special restrictions on Shudras insulting the twice-born men, and
112 prescribes severe corporal punishments. For instance a Shudra who spits on a
twice born man is to have his lips cut-off. In case a twice-born man insults a Manu Social
Order and Laws
Shudra, only a fine may be imposed.
The civil and criminal law system prescribed in Manusmriti, while prescribing
punitive measures for everyone determines the nature of punishment according to
the caste of the accused, and the nature of violation of caste boundaries.

Check Your Progress Exercise 2

Note: i) Use the space given below for your answer.
ii) Check your progress with the model answer given at the end of
the unit.
1) What is divine theory of the state and why is it important for Manu?
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……
…………………………………………………………………………...……
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6.4 SOCIAL LAWS

The preservation of social order – the hierarchy of caste system coupled with the
control of women – is the main concern of Manusmriti. That is why we saw that
even the rajdharma laid out by the text largely concerns itself with the King
using the instrument of punishment to maintain this social order. However,
special attention needs to be paid to how the Manusmriti idealized the social
system. It advocated a social system where each caste stuck to its allotted
profession, and interaction between them was bare minimum. Therefore, it
restricted marriages between different castes, and saw mixed castes with
contempt. This also required that additional restrictions be placed on women. Let
us study these in more detail

6.4.1 Marriage
Marriage laws prescribed by Manusmriti adhere strictly to the caste ranking. It
lays down that a Brahmin’s first marriage should necessarily take place to a
woman of equal caste. For his subsequent marriages he may take a woman from
the three lower varnas as a wife. But the text strongly advises against a Brahmin
man marrying a Shudra woman, warning that such a union will result in
misfortune for the man. ‘Twice-born men who, in their folly, wed women of the
low (Shudra) caste, soon degrade their families and their children to the state of
Sudras,’ says the sage Manu. Technically, the Law of Manu states that a woman
is permitted to marry those of her own caste and those of the higher castes.
Similarly, a man may marry within his caste or to a woman from the lower
castes. 113
Political Concerns Manusmriti elucidates eight rites of marriages that are recognized in the
and Key Ideas
Brahminical tradition –, Brahma Diava, Rishi (Arsha), Prajapatya, Asura,
Gandharva, Rakshasa and Paishacha. The gift of a daughter along with costly
jewelry to a man learned in the Vedas is the Brahma rite. The gift of a daughter
along with costly ornaments to priest who has come to perform a sacrifice
ceremony is called the Daiva marriage. The giving away of the daughter in return
of a pair of cow and bull from the bridegroom is the way of the Rishis. The gift
of the daughter with blessings and honour shown to the couple is the rite of
Prajapatya. When a bridegroom receives the woman after having given her and
her kinsmen as much wealth as he could afford, is called the Asura marriage. The
voluntary union of the woman and her lover from a desire of sexual intercourse is
called Gandharava marriage. The forcible abduction of the woman from her
home after slaying her kinsmen, is the way of the Rakshasas. Stealthy seduction
of a woman who is intoxicated, sleepy or disoriented has been described as the
most base and sinful way of union called Paishacha. The first six methods are
approved for the Brahmins, the last four methods are approved for a Kshatriya,
and the last four, with the exception of Rakshasas rite, are lawful for Vaisyas and
Sudras.
As can be easily seen, marriage is supposed to maintain the superior position of
the higher caste male. The Manusmriti recommends those forms of marriages
where the bride’s family offers costly gifts to the daughter, which along with her
goes to the groom’s household.

6.4.2 Women
From the foregoing discussion, it can be learnt that women have been depicted as
beings who need to be guarded and controlled primarily by their families. The
Manusmriti sees them as treacherous entities who can lead a virtuous man astray
from dharma, and down the path of desires. They have been portrayed as assets
which, if suitably controlled, can lead to pleasure and prosperity of the owner –
the husband.
The duties prescribed by Manusmriti for women, expect women to train
themselves and learn to take pleasure in their position as property owned by men.
‘In childhood a female must be subject to her father, in youth to her husband,
when her lord is dead to her sons; a woman must never be independent,’ say the
Laws of Manu. A woman who leaves her father or husband to pursue her free
will brings contempt upon herself and her family. Manusmriti prescribes that not
only a woman should manage the household, but she should do it with
cheerfulness. ‘She must always be cheerful, clever in (the management of her)
household affairs, careful in cleaning her utensils, and economical in
expenditure.’
A woman is not only to be treated as valuable property by men, but the text goes
on to demand that she should cultivate herself to be treated as such. That is the
dharma for women. Thus, the foremost duty of a married woman is to be
114 unconditionally loyal to her husband. Even if the husband possesses no good
qualities the wife should cling to him. ‘Though destitute of virtue, or seeking
pleasure (elsewhere), or devoid of good qualities, a husband must be constantly Manu Social
Order and Laws
worshipped as a god by a faithful wife.’ ‘A faithful wife who desires to dwell
(after death) with her husband, must never do anything that might displease him
who took her hand, whether he be alive or dead.’ Even after the death of her
husband, the woman ought not to remarry, and should maintain her ‘chastity’. No
such burden is placed upon men who lose their wives.
The control of ‘their’ women must be exercised by men of all castes. ‘Women
must be guarded against their evil inclinations.’ A woman’s desire, howsoever
trifling needs to be controlled. Manu is careful to note that ‘No man can
completely guard women by force.’ Therefore, he suggests that the best means to
control women is to assign them responsibility: collection and expenditure of
man’s wealth, ‘keeping (everything) clean, in religious duties, in preparation of
his food, and in looking after the household utensils.’ It is not force but woman
‘who of their own accord keep a guard over themselves, are well guarded.’
The social order prescribed in Manusmriti rests on the basis of control over
women and their labour. It is through control of women that varna boundaries are
sought to be maintained. In addition, this control secures the woman’s body and
labour for the exclusive enjoyment and use of men. This order of control of
women across varnas creates the situation where the woman herself would learn
to value the control exercised over her by a man as a form of protection and
recognition.

6.4.3 Mixed Castes

Although Manusmriti lays great stress on maintenance of social order, it seems to
recognize that a perfect order where each caste maintains conjugal boundaries
and sticks to its stipulated profession, is more of an ideal than what concretely
exists. It suggests that in the time of composition of Manusmriti, inter-caste
marriages did take place. In its attempt to establish a complete social order, the
Manusmriti strives to take into account all permutations and combinations of
marital relations that could possibly take place between different varnas and tries
to place the offspring out of such unions into proper social categories.
Intermarriage between men and women of varnas leads to production of what
can be referred to as mixed castes. The Manusmriti not only defines which castes
are produced out of unions across varnas, but also fixes the personal qualities of
such castes, the occupations they ought to occupy and the social restrictions that
should be placed upon them. In anuloma marriages, between a higher caste man
and a lower caste woman, the progeny although associated with the father’s caste
are still considered base-born (apsada). The Manusmriti considers progeny out of
pratiloma marriages, between lower caste man and higher caste woman, as even
more base.
The detailed description of mixed castes seems to be an attempt by writers of the
Manusmriti to place various categories of people who may have existed at that
time in the hierarchies of varna order, defining their occupation and social
position. 115
Political Concerns
and Key Ideas
Check Your Progress Exercise 3
Note: i) Use the space given below for your answer.
ii) Check your progress with the model answer given at the end of
the unit.
1) Why and what kind of restrictions does Mnausmriti place on women?
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6.5 CRITICISM
Manusmriti is a text which attempts to weave the diverse peoples of Indian
subcontinent of its time into one social whole, by describing the obligations and
duties of each and how they were to relate to each other. It was an attempt to
create social order in a diverse social field, It will, however, be inadequate if we
conclude our assessment of this ancient text with this charitable view which sees
it as an attempt to unify a diverse reality. The text needs to be placed in its
historical context. Manusmriti, thus, is not a simple commentary on religion,
politics, ideas of justice, administration and society. It is, infact, a text produced
by Brahmins to consolidate their social and political position, and to place
themselves at the very top of a graded society. The ideas of virtue, religion,
justice, law and ethics propounded in the Manusmriti are all geared towards
maintenance of a social order which secures political, social and economic power
in the hands of the three upper varnas – the Brahmins, Kshatriyas and Vaishyas,
while extracting labour and service from shudras and women. The instrument for
maintaining this social order is danda, which explains the significance attached
to political power in the text.
In addition to being a manual for rule, the Manusmriti is also an ideological text
because it seeks to self-validate itself by claiming divine source. By virtue of
being recognized as a religious text within the Hindu tradition, it exerts great
power over how people think and what they believe. It is for this reason that after
hundreds of years, it continues to be relevant because the hierarchy advocated by
Manusmriti still afflicts India. On December 25, 1927 Dr. B.R. Ambedkar led the
burning of the ancient text. In his historic speech at Mahad Satyagraha he said,
“It is not that all the parts of the Manusmriti are condemnable, that it does not
contain good principles and that Manu himself was not a sociologist and was a
mere fool. We made a bonfire of it because we view it as a symbol of injustice
under which we have been crushed across the centuries. Because of Manu's
teachings, we have been ground down under despicable poverty. The counts in
116 the indictment of the hereditary Hindu priest are numerous and appalling. He is a
clog on the wheel of civilization. Man is born, becomes the father of a family and Manu Social
Order and Laws
then in time dies. All along the priest shadows him like an evil genius."

Check Your Progress Exercise 4

Note: i) Use the space given below for your answer.
ii) Check your progress with the model answer given at the end of
the unit.
1) Whose interests do the Laws of Manu serve? Give examples.
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6.6 LET US SUM UP

The social laws enshrined in Manusmriti allow us to study ideas and practices on
politics, statecraft, social organization, religion and ethics which were prevalent
in early India. As a text, it is a valuable source to explore the history of early
India. The fact that Manusmriti is the culmination of hundreds of years of
thought by Brahminical thinkers adds to its value as a historical text. A study of
Manusmriti also teaches us the value of locating such texts in their social context,
which also helps us in understanding its continued relevance in religion and
politics. The elaborate rules prescribed in the text for conduct and obligation of
individual reflect the pressing concern to maintain the social order. As the book
itself admits the purpose of statecraft, of ethics and of punishment is to ensure
that the varna system continues in the form in which it is idealized in the text. As
possessors of great social privileges, the Brahmins of that time seem to have been
fearful of change which might undermine their powerful position, hence, their
great fear of chaos which referred to a situation where varna rules will not be
observed. The thrust of the book is towards preservation and protection. Even in
inter-state relations, the Manusmriti exhorts rulers to prefer friendship and peace
rather than enmity and conquest.

6.7 REFERENCES
 Agrawal, V. (2006) Women in Manusmriti. New Delhi: Indian Council of
Cultural Relations.
 Ambedkar, B.R. (2014) Dr. Babasaheb Ambedkar: Writings and
Speeches. New Delhi: Dr. Ambedkar Foundation. Available online:
https://www.mea.gov.in/books-writings-of-ambedkar.htm
 Bhattacharya, P. (1996) Conceptualizations in the Manusmriti. New
Delhi: Manohar. 117
Political Concerns  Buhler, G (Trans.) (1896) The Laws of Manu in Muller, F.M. ed. Sacred
and Key Ideas
Books of The East Vol. 25 Oxford: The Clarendon Press.
 Derrett, J. D. M. (1975) Manusastravivarana, Vol II. Wiesbaden: Franz
Steiner Verlag.
 Doniger. W and Smith, Brian K. (1991) The Laws of Manu. New Delhi:
Penguin Classics.
 Doniger, W. (2009) The Hindus: An Alternative History. New Delhi:
Penguin/Viking.
 Ghosal, U. N. (1929) The Hindu Revenue System Calcutta: Calcutta
University.
 Jayaswal, K.P. (1924) Hindu Polity. Calcutta: Butterworth & Co.
 Kane, P. V. History of Dharmasastra. Pune: Bhandarkar Oriental
Research Institute.
 Mishra, V.B. (1982) From the Vedas to the Manu-saṃhitā : a Cultural
Study. New Jersey: Humanities Press.
 Saletore, B.A. (1963) Ancient Indian Political Thought and Institutions.
Bombay: Asia Publishing House.
 Thapar, R. (2004) Early India: From the Origins to AD 1300. Berkeley,
CA: University of California.

6.8 ANSWERS TO CHECK YOUR PROGRESS

EXERCISES
Check Your Progress Exercise 1
1) Your answer should highlight the following points
 Difference between smriti and shruti texts with examples
 The multiple authorship of Manusmriti
 The fact that it is part of Brahminical tradition of thought

Check Your Progress Exercise 2

1) Your answer should highlight the following points:
 The claim that Kingship is divinely created hence sacred
 The identification of king and his actions with God’s actions
 It is used to generate legitimacy among the masses
 It is used to suppress critics of the King

Check Your Progress Exercise 3

1) Your answer should highlight the following points:
 A woman is never to be independent and must always remain
subservient to men
 No freedom to make life choices for marriage and work
 Woman should cultivate loyalty towards husband
 No freedom even after husband’s death
118
Check Your Progress Exercise 4 Manu Social
Order and Laws
1) Your answer should highlight the following points:
 The interests of the Brahmins/Kshatriyas/Vaishyas vis-à-vis
Shudras
 The interests of men vis-à-vis women

119