NAME: CHHAVI CHAUDHARY

COURSE: B.A. (POLITICAL SCIENCE)

ROLL NO. : 39
YEAR: 3RD; SEMESTER: 5TH
SUBJECT: INDIAN POLITICAL THOUGHT

TOPIC:
Manu’s social laws laid the basis for a hierarchical society. Discuss
this statement highlighting Manusmriti’s contemporary relevance.
 ASSIGNMENT
Manu’s social laws laid the basis for a hierarchical society. Discuss this statement
highlighting Manusmriti’s contemporary relevance.

INTRODUCTION:
Manusmriti or the Manava-dharma-shastra is one the works of the Hindu Dharmashastra
tradition, considered to be most authoritative work on Hindu dharma. It is believed to be
compiled during the time period between (500 BCE-2CE). Manu Smriti comprises codes of
Hindu life. They are based on the teachings of Vedas. Manu is claimed to be the first legislator
who laid down and codified social laws. He is the author of Manusmriti and first legislator who
codified norms of social life which were later included in Dharamshastra. Thus, Manusmriti was
part of the Dharamshastra tradition (righteous conduct). Manu in the second chapter of Manu
Smriti proclaims that ‘whatsoever dharma was proclaimed by Manu for any- one, that is all
directed in Vedas’. Further, he says that ‘Veda is the supreme authority’ and content of Manu
Smriti has its base in Vedas.
Manusmriti encompasses a pragmatic visualization as well as idealization of life. It consists of
2685 verses and 12 Chapters. According to ‘Manusmriti’, the Society had its foundation in
‘dharma’ or ‘virtue’. Along with ‘dharma’, ‘artha’ and ‘kama’ should also be in harmony, in
order to attain the ultimate salvation – ‘moksha’ and thus the four aims of life. One should
pursue ‘kama’ or ‘desire’ through the assistance of ‘artha’ or ‘wealth’, with the sole aim of
satisfaction and fulfilling the necessities of life. Manusmriti is a treatise of social laws, Kingship
and principle of governance-Rajdharma. The whole physical process as presented in Mnusmriti
is a mixture of fact and fiction. It describes in great detail the cosmic relationships; good and
evil, truth and untruth are inexorably mixed in the process. Manusmriti is a depiction of place of
human society in the complex cosmic system. it dwells on length on the nature of socialize
relationship between social classes and their practices. It has extensive reflection on the principle
of jurisprudence, justice, marriage laws, punishment and so on. The core idea of Manusmriti is
that of endure through generations of organization of society through social laws and that in an
hierarchical order.

Divine origin Theory

While propounding the doctrine of Chaturvarna, Manu takes the help of the ninetieth hymn of
the tenth Mandal of Rig- Veda known as Purusha Sukta. It belongs to the later Vedic period. It
is a theory of the origin of universe. While giving the origin of Chaturvarna it says: ‘Brahmin
was his mouth, Rajanya was made by his thighs and Shudra sprang from his feet’. Manu presents
a similar view by saying that ‘For the prosperity of the world the Creator from his mouth, arm,
thigh and feet created the Brahmin, Kshatriya, Vaishya and Shudra’. Here two things have to be
analysed, first, early Vedic text does not mention the concept of Chaturvarna. Satapatha
Brahmana and Taittirya Brahmana both speak of the creation of the three Varnas only. They do
not speak of the creation of Shudras as a separate Varna. Atharva Veda mentions only three
varnas. Even in Rig-Veda, Shudras have not been mentioned separately. But the later Vedic text
mentions this word quite often. It shows that the concept of Shudra was originated during the
later part of the Vedic period. Second thing is that the fourth caste known as Shudra was created
for the prosperity of the world. In fact Smritis have prescribed injuctions (Vidhi) and
prohibitions (Nishedha) keeping in mind a particular social surrounding.
The code of Manu is of great antiquity, only less ancient than the three first Vedas. Later writers
made additions in the name of Manu and some passages in the code beneath the spirit of
medieval writers. The social theory on which the code is based is founded on caste. The whole
design of the code is to perpetuate the supremacy of the Brahmins to whom even kinship is
subordinate. The discipline imposed on Brahmins themselves by Manu is very rigid and the life
of a Brahmin is to be a duty towards him and to others.
Occuption of Four Vrarnas
In Rigveda, there is a mention of only three castes of society namely, Brahmin, Kshtriya and
Visha (Vaishya). The first two broadly represented the profession of knowledgeable priest and
warrior Kings. The third one is the trading class. It is in the later vedic texts we get the mention
of the fouth varna that is Sudra. The explanation of this was given that the fourth caste known as
Shudra was created for the prosperity of the world whose main function was to serve the upper
three castes. Manu smriti starts with certain view of the man- cosmic relationship. It gives a
profound account of creation of work as well as details of ordinary daily life. He suggested the
classification of society into four in order of their superiority, Brahmanas were said to be
originated from the head of the creator Brahma and hence occupies the highest place and is
conceived as incarnations of the law. Because of this purity or ‘Origin’ he deserves to
“everything” in the world be it learning, agriculture etc. Learning was their pre dominant
occupation Manu allows him to take agriculture also. According to Manu second in hierarchy
were to be Kshatriyas, originated from the arms of Brahma are put into the category of warriors.
Their duty was to protect the society. Manu was in favour of co-ordial relation between the two
upper varanas for the sake of welfare of world. VaIshyas, originated from thighs of Brahma,
were to include in trade and business where as shudras, originated from feet of Brahma, had to
confine to an occupation of serving the first three Varnas, barred from all sacred learning and
were held in a low Profile by Manu. Manu insisted all the four varnas need to confine themselves
to be work meant for them lest the world should be thrown into confusion. The social
organization was thus, ‘ Chatur varna theory’ which was supposed to be maintained for the
harmonious functioning of society, According to Manu, therefore varna system was not optional
but an integral part of sociopolitical set up and the same should be firmly enforced. Thus,
Manusmriti acknowledges and justifies the caste system as the basis of order and regularity of
society. It clearly recognizes four classes of people (Brahmanas, Kshatriyas, Vaisyas and
Sudras), and their respective roles in the preservation of dharma.

Marriage Laws
There is a mention of Anuloma and Pratiloma marriages in accordance to the union of among the
different varna members.
 Anuloma marriage (regular marriage): Marriages where the husband and wife are the same
caste, or where the husband is a higher caste than the wife, are called Anuloma (regular order)
marriages.

Pratiloma marriage (inverse order): Marriages where the wife is a higher caste than the
husband are called Pratiloma (inverse order) marriages.
Intercaste marriages are bad because the offspring produced are genetically inferior. This is
especially the case for Pratiloma marriages. Even when the husband is a higher caste than the
wife, the wife should ideally be just one caste lower. The best form of marriage is same-caste
marriage because it produces children with good qualities.

 Brahmin men can marry Brahmin, Kshatriya, Vaishya and even Shudra women but
Shudra men can marry only Shudra women.
 Although Brahmin, Kshatriya, and Vaishya men have been allowed inter-caste marriages,
even in distress they should not marry Shudra women.
 When twice-born [dwij=Brahmin, Kshatriya, and Vaishya] men in their folly marry low
caste Shudra women, they are responsible for the degradation of their whole family.
Accordingly, their children adopt all the demerits of the Shudra caste.
 Wise men should not marry women who do not have a brother and whose parents are not
socially well known.
 Wise men should marry only women who are free from bodily defects, with beautiful
names, grace/gait like an elephant, moderate hair on the head and body, soft limbs, and
small teeth.
 Men may be lacking virtue, be sexual perverts, immoral and devoid of any good qualities,
and yet women must constantly worship and serve their husbands.
 Women have no divine right to perform any religious ritual, nor make vows or observe a
fast. Her only duty is to obey and please her husband and she will for that reason alone be
exalted in heaven.

Subjugation of Women

Contrary to claims made that women enjoyed great freedom and equality in ancient India,
the Manusmriti states: “Even in her own home, a female – whether she is a child, a young
woman or an old lady – should never carry out any task independently. As a child, she must
remain under her father’s control, as a young woman, under her husband’s; and when her
husband is dead, under her sons.” Shloka 154 adds, “Though he may be bereft of virtue, given
to lust, and totally devoid of good qualities, a good woman should always worship her
husband like a god.”

While women must remain faithful to their husbands, alive and dead, a widower is advised
that, “After he has given his sacred fires to his predeceased wife at her funeral, he should
marry a wife again and establish anew his sacred fires.” (shloka 168, chapter 5).

Chapter 8, shloka 416 removes all ambiguity by stating: “Wife, son and slave – all these
three, tradition tells us, are without property. Whatever they may earn becomes the property
of the man to whom they belong.”
The seclusion of women, the insistence of their being married immediately on entering
puberty and the stern norms of chaste behaviour laid down for them are necessary to maintain
caste-purity and the Varnashrama Dharma itself. As seen in the marriage norms, for men, the
rules are different and their exploitation of women is justified in Manusmriti: “At first
marriage, a woman of equal class is recommended for twice-born men; but for those who
proceed further through lust, these are, in order, the preferable women. A Sudra may take only
a Sudra woman as wife; a Vaisya, the latter and a woman of his own class; a Kshatriya, the
latter two and a woman of his own class; and a Brahmin, the latter three and a woman of his
own class.”

Punishments

Manu held that the ultimate sanction behind the state is force. If it is not used, the alternative
is the law of the jungle (Matsyanyaya). It is Danda (physical force or physical punishment)
which rules over all the subjects, it is Danda which protects them, when all sleeping, Danda
keeps awake; law is nothing but Danda itself. Danda, however, must be wielded with
discretion. If it is used too harshly, the subjects are distressed; If it is used too lightly, the king
will not be held in awe; If it is used in the proper manner, the subjects are happy and the realm
progresses.

In the preservation of inequality, the Manusmriti leaves no stone unturned. It prescribes an

unequal system of justice which will most certainly adopt since already we are seeing
instances of its emulation.

The text has many shlokas that deal with this. The killing of a Brahmin is repeatedly
described as the most grievous sin. For example, chapter 11 states: “By wanting to hurt a
Brahmin, a man goes to hell – if he threatens him, for one hundred years, if he strikes him, for
one thousand years.”

The killing of members of other castes, however, are to be punished in different

ways. Manu says: “One-quarter the penance for the murder of a Brahmin is prescribed by
tradition for the murder of a Kshatriya; one-eighth for the murder of a virtuous Vaisya; and
one-sixteenth for the murder of a Sudra.” In the same vein, chapter 8, shloka 267, 268, state:
“For assailing a Brahmin, a Kshatriya ought to be fined 100, and a Vaisya 150 or 200 but a
Sudra ought to suffer corporal punishment. A Brahmin should be fined 50 for abusing a
Kshatriya, 25 for abusing a Vaisya and 12 for abusing a Sudra.”

The worst punishments are prescribed for the Sudras and Dalits. Chapter 8, shlokas 270 to
272, say: “If a ‘once-born’ man hurls grossly abusive words at ‘twice-born’ men, his tongue
shall be cut off for he originated from the lowest part. If he invokes their names and castes
with disdain, a red hot iron nail ten fingers long should be driven into his mouth. If he
arrogantly gives instruction on the Law to a Brahmin, the king should pour hot oil into his
mouth and ears.” (This last shloka gives credence to the fact that Vedic and Shastric learning
is forbidden to the Sudras and Dalits.
CONTEMPORARY RELEVANCE OF TRADITIONS OF MANUSMRITI LEADING TO
HIERARCHIAL SOCIETY
Manusmriti was compiled at a time when the contemporary civilizations lacked even the basic
understanding of laws, rights and other such things that tend to be a binding force on society. In
this regard, the Manusmriti is praised for being largely progressive in most aspects. In the same
breath, the text is also criticised by large sections of society for its views on women and the caste
system.
Manusmriti is not considered relevant in modern society as most of its preaching’s do not align
with modern society. The text was the subject of considerable importance during the British
colonial rule of India, after Sir William Jones translated the text from Sanskrit and used it to
formulate a common law for Hindus. It is described by many as an attempt by the British to
implement their strategy of ‘divide and rule’ by attacking the religious sentiments of Indians.
Almost every shloka of the Manusmriti is devoted to preserving inequality. Transgressions of
caste boundaries that result in progeny of mixed caste are to be severely punished. A society
in which the numbers of such people is allowed to increase is said to descend into bestiality,
chaos and worse. In order to preserve caste purity, women are to be secluded and denied any
agency. Their lives and movements have to be circumscribed and controlled from infancy to
old age. Portrayal and justification of the caste system by Manu very disturbing and unsettling.
Manu has justified the caste system as the basis of order and regularity of society, which is still
prevalent not only in the rural or countryside areas but also in the urban areas one can easily
notice its prevalence.
Ants Among Elephants hauls the baggage of caste atrocities up to the fore, it is an unusual
addition to the oeuvre of Dalit memoirs. The claims of caste still extend well beyond the
conventions of public policy and the electoral arena. One can observe its practice in daily affairs
of Indians which can be experienced during marriage and in occupations, and can be noticed in
form of Untouchability. The vicious form of practice of caste is Untouchability, which is a bane
for Dalits in India, which remains in even urban households that have maids or servants, drivers
where the insistence on them is put forward to drink from different glasses, not sit at the dining
table with the “family”, and having separate utensils are all practices, unfortunately, unique to
India. Rural communities have long been arranged on the basis of castes - the upper and lower
castes almost always lived in segregated colonies, the water wells were not shared, Brahmins
would not accept food or drink from the Shudras, and one could marry only within one's caste
and that on the basis of gotra. These things are enough to prove those people wrong who says
that caste is not a relevant topic in today’s world and isn’t in practice now.
The divine origin theory put Brahmins on top of the hierarchy. This policy of divide and rule
resulted, over a period of time, in more than 6,000 sub-castes, all birth-based, socially isolated
from and inimical to each other. A hierarchical system also naturally meant that those on the
lowest rung would always remain subjugated and exploited. This fertile terrain for
intolerance, mistrust and disunity, the seeds of which were sown so long ago, is still tilled by
political parties today.
Manusmriti has been rightly criticized by people from all quarters for promoting social inequality
and being a harbinger of hatred. There are still unscrupulous religious people who live by these
rules and try to impose them on others as well. Dr. B.R. Ambedkar, a well-known social reformer
and crusader of social equality, protested such social norms by burning the Manusmriti and held it
responsible for the prevalence of the caste system in India. He observed that the Manusmriti was a
hindrance to the growth and progress of the nation.

Furthermore, with regards to women and their status in society as shown in the Manusmriti, it
seems hard to believe that Manusmriti, a document which is held in high esteem and is recognized
as the law book of Hindus, would depict women in such a horrible manner. It can be very well
realized that in modern day society too, women are continuously treated as objects and used by
men. Even now they have to suffer from the grievious acts of domestic violence, sexual
harassment and marital rape. The only long-term solution to eradicate these social bugs is to
provide qualitative education to all, so that they can be informed about the misconceptions that
society tends to breed upon.

Conclusion

To encapsulate it can be held that Manusmriti is one of the most important and authoritative
legal texts followed in Hinduism. It is also widely known as ‘Manav Dharma Shastra’and is
written and compiled around 500BCE- 2CE. Manusmriti is a storehouse of information on the
social, judicial and political life of that period. It contains social obligations and duties of various
castes of individuals in different stages of life. Manusmriti acknowledges and justifies the caste
system as the basis of order and regularity of society". The text makes no categorical distinction
between religious law and practices and secular law. Its influence on all aspects of Hindu
thought, particularly the justification of the caste system, has been profound. Manu’s social laws
laid the basis for hierarchical society, which are still prevalent in modern times.
The orthodox practices of Manusmriti will be uprooted only when everyone, irrespective of
caste, progresses equally, When educational, economic and social opportunities are equally
and fairly accessible to all.

BIBLIOGRAPHY