Indic Justice – rediscover or reinvent?

More like Amartya Sen has foot in mouth disease?

Indic Justice …

The on-going saga of the Ambani brothers’ dispute, brings home how deeply and completely Indic norms of justice and fair play have been lost. The Ambani brothers have approached the Prime Minister and are pressing their cases in the Supreme Court for justice. Such a form of dispute redressal is alien and remote to Indic thought.

The other apparently unrelated ‘event’ is the much promoted and publicised book, The Idea of Justice by Amartya Sen, has no clue about justice (at least on Indic thoughts on justice). Apart from a few token mentions about Ashoka Maurya and Akbar Moghul, he has very little to say about Indic thought on justice.

But he speaks very volubly on Western thinkers and thought on justice.

The wise king delivers justice

To bring out the contrast, one has only to read the Biblical story of King Solomon’s justice (where two prostitutes claimed the surviving baby as theirs). The point worth noting is that this paradigm of justice centralizes solutions and concentrates power in the hands of some central authorities.

So, whether it King Solomon or Caliph Haroun Al Rashid (the King in disguise), or the Turkish Çapanoglu Ahmet Pasha (of the bell of justice fame which even a donkey could ring to summon the king for justice) – the model was the all-knowing King. Variations of the Donkey /Horse and the Bell of Justice story is localized and retold in various cultures.

King Solomon’s Justice

Going back earlier, the Desert Bloc model of seeking justice was captured in the story of Tehuti-nekht (the oppressive overseer); a ‘sekhti’ (the poor salt-trader) the ‘clever’ Meruitensa (The Grand Vizier /Supreme Judge) and The Wise Pharoah Nebkanra.

The Duke of Venice perpetuates the myth of justice in Shakespeare’s Merchant of Venice. The more than 120 Doges of Venice who ruled Venice for nearly a 1000 years, preserved the myth of justice during the Middle Ages.

In modern times, as republican democracy made Emperors and Kings redundant, the Smart Lawyer took over the justice function, in the garb of legal thrillers.

Perry Mason replaced The Wise Emperor as the fount of justice. John Grisham keeps company with many writers about legal-eagles, who go out to save the innocent from the hangman- and send the guilty into the dock. Like John Buchan, GK Chesterton, Wilkie Collins, et al.

Hollywood used the legal thriller genre with assembly line regularity – with successes galore, like Billy Wilder’s Witness for the Prosecution (1957), with earlier instances like Charles Laughton and Marlene Dietrich, or the screen adaptation of Harper Lee’s To Kill a Mockingbird (1962), or the more modern Erin Brockovich (2000)and My Cousin Vinny (1992).

All quiet on the Indian front …

In more than 1000 Indic books, that record more than 10,000 years of history, there is no instance of any dispute reaching an Indic King.

The longest ancient epic in the world, The Mahabharata has no incident where a private dispute reached Yudhisthir (though a mongoose could lecture the King about sacrifices and yagnas). There was never any case of private dispute, recorded in the Ramayana, that reached Ramachandra (though a dhobi could ‘inform’ the king on bazaar talk about the Queen Sita). Even a poor Brahman, Kautsa, could reach King Raghu for help in the disbursal of guru-dakshina गुरु-दक्षिणा.

Kannagi and Devanthi - The Dream, from the epic Silappadhikaram

In yet another instance, rulers were warned against disproportionate punishment – through the Mandavya incident. Mandavya, was punished by Yama (the God of Death) for his ‘crimes’ as a child, of hurting insects. Through a chain events, Mandavya ended up, impaled on a trident /stake.  After best efforts to remove the offending weapon, a part remains inside  Mandavya’s body.

With a trident through his body, Mandavya confronted Yama. Mandavya, the sage, berates Yama for ‘criminalising’ children. Codifying the principle of juvenile justice, Mandavya exhorts “that no action committed by a human being till he is fourteen years of age shall be regarded as a sin  which it would thereafter.” In turn, Mandavya curses Yama to be born as a shudra child – to learn about the ‘reality’ of life. Yama, born to shudra woman, became Vidura, Dhritarashtra’s court.

In Buddha’s childhood, an injured swan becomes a point of legal dispute with his cousin, Devadatta. The injured swan, Devadatta’s hunting /archery practice target, was claimed by Siddhartha. Some minister’s preferred Prince Siddhartha’s claim, due to his position. Since the hunt was not for food, but for pleasure, Devadutta’s claim over the swan was seen as weak. Finally the claim of the saviour was seen as superior to the claim of the hunter /captor. Replace the swan, with a slave, and the legal principle for any dispute between a slave-owner versus slave-liberator, is established. The same principle is evidenced in Artha-shastra in many shlokas.

The Tamil classic, Silappadikaram, is ancient Tamil drama about the perils of royal justice.  Silappadhikaram is, a literary critic informs us is “a saga of the of the cult of the Goddess Pattini … the first ripe fruit of the Aryan-Dravidian synthesis in Tamil Nadu.” Who is Goddess Pattini? Once a widely worshipped Goddess in South India, now limited to modern Sri Lanka “Pattini was an angry deity, whose anger was directed at evil people and she is also associated with rational justice.” The destruction of the city by Pattini, the Goddess of ‘rational’ justice, is a warning against vengeful royal ‘justice’ – and instead move towards ameliorative Indic justice system.

Elango Adigal warns Indic kings from taking over and  interfering with dispute resolution mechanisms. The Pandyan King, Neduncheziyan, in  Silappadikaram, comes to grief, after royal intervention goes horribly wrong, resulting in miscarriage of justice.

It gets worse! No prisons …

Modern econometric modelling shows that for much of the last 1000 years, India has been a significant economic power – till the 1900. China and India, this analysis estimates, for the last 1000 years, accounted for 50% of the world economy. Statistical analyses showed India with a world trade share of 25% for much of the 500 years during 1400-1900. The interesting (historical) aspect of the criminal management story is the absence of any surviving mass jails in India prior to colonial India. Just how did pre-colonial India, one of the largest (and most prosperous) populations of the world, deal with crime and criminals?

Without prisons!

But then crime rate in India must be really high …

Cut to modern India. With such an inheritance, India has the lowest prison population in the world. How can India have such a low prison population, with a poor police-to-population ratio and a crime rate which is not above the average – in spite of a large civilian gun population.

All the 5 indices (below) create a bias for a lawless Indian society and rampant crime. With these five indices, namely: –

1. Police to population ratio (‘increase police force’)
2. Prison population (‘put more criminals behind bars’)
3. Capital punishment (‘kill enough criminals to instill fear’)
4. Poverty (‘it is poverty which the root of all crime’)
5. Gun ownership (‘more guns means more crime’)

against a stable social system, how does current day India manage low-to-average crime rates. More than 2000 years ago, Megasthenes a Greek traveller to India wrote,

Theft is of very rare occurrence. Megasthenes says that those who were in the camp of Sandrakottos, wherein lay 400,000 men, found that the thefts reported on any one day did not exceed the value of two hundred drachmae, and this among a people who have no written laws

Historically, trade in India is governed by शुभ लाभ ‘shubh labh’ – and hence Indians have not been major players in drugs proliferation (unlike Japan, the West in which traded Opium in Korea and China) or in slave trade.

In modern times, India is not a big player in spamming or in software virus – though a power in computing industry. In August 2008, a hoax story alleged that an Indian hacker, had broken into a credit card database, and sold it to the European underworld. Some ‘experts’ feared that this would spark of a crime wave across Europe.

The Indic model of justice, crime and law

Evidence of a different Indic system goes far back in history. To Lipit Ishtar, Hittite laws, Hammurabi et al. At least as far back as 4000 years back in history. Indian kings did not deliver justice. It was done at the local level by panchayats पंचायत. Indian justice systems did not rely on imprisonment or executions or the police to control crime!

The answer – the world’s most stable marriage system and the extended family-social structures took care of the wayward.

Still from Breaker Morant - Edward Woodward, 3rd from left, portrayed Harry 'Breaker' Morant

A recent Hollywood film on the Desert Bloc system of justice was the schizophrenic Breaker Morant – by Bruce Beresford. In the closing lines of Breaker Morant, when asked about his religion, Harry ‘Breaker’ Morant declares that he is a pagan.

When the execution detail comes to get Morant and Handcock, the military chaplain asks their religious affiliation. “Pagan.” replies Morant. “What’s a pagan?” inquires Handcock. Morant replies, “Well, it’s somebody who doesn’t believe there’s a divine being dispensing justice to mankind.” Handcock nods and says to the chaplain, “I’m a pagan too.” (extract from Wikipedia; accessed on 25th January, 2010).

I have always wondered how much the writer knew – and understood the import of that statement.

Crumbling edifice

In India, under the onslaught of the Desert Bloc, Akbar-Birbal stories, Tenali Ram-Krishna Devaraya were used to create expectations of a Wise King. From then on, the Indic system of justice crumbled at a faster pace.

Is it that Indians were ‘saints’ and did not have private disputes? Were they so civilized that they could solve all disputes by talking to each other? Is it that Indian kings were not bothered about delivery of justice!

By Richard Brust

Babylonian Astronomy – The Indo-Assyrian Roots

Indian themes in Assyrian history

Some 175-146 years after Hammurabi, the Assyrian throne passed onto his grandson, who ascended the throne of Babylon – and took a very Buddhist name. This is apparently a 1000 years before Gautama Buddha – as per Western dating fix! Known in history as Ammisaduqua /Ammisaduqa (1646-1626) – अमिष, amish in Sanskrit means truth and honesty + duqa = suffering, pain. Was Ammisaduqua one of the earliest Bodhisattvas, or one of the earliest followers of Buddha.

Western dating gone completely awry?

In the heavens …

Apart from commissioning an authoritative study on planet Venus (‘probably the earliest example’ of astronomy), Ammisaduqua /Ammisaduqa /Ammizaduga is known for cancelling debts. Was he named Ammisaduqua /Ammisaduqa because he understood the ‘true suffering’ of the people.

The discovery of clay tablets at the Kuyunjik mound in mid 19th century, at Sippar, in modern Iraq, (ancient Niniveh), in the palace of Ashurbanipal (668-635 BC), in the 19th century, was the most complete set of tablets recovered, of the study first commissioned by Ammisaduqua. The name of the scribe of these tablets has been variously deciphered as Ku-Aya, Nur-Aya, Ipiq-Aya – and most interestingly, ‘in all probablity, the scribe was called’ Kasap-Aya, the same as the famous Indian rishi Kashyapa, ऋषि कश्यप.

Enuma Anu Enlil

Enuma Anu Enlil, the 70 clay tablet series, by astronomer-astrologers in Mesopotamia, recovered from the ruins of Ashurbanipal’s Library, at Niniveh, contains ‘careful records of celestial events for centuries’ – with an inventory of 7000 omens.

Enuma-Anu, could also be spelt as Anumaanu. And अनुमान anumana, which in Sanskrit is, estimate, infer, deduce, close (not exact) calculation. Enlil is the Assyrian God of Winds and Skies. Anil अनिल is also the modern Sanskrit word for air, wind.

What Enuma Anu Enlil, then means is Calculation of the Winds and Skies – which is what it is. It has been noticed that there is “evidence that the earliest layers of this vast collection go back to lunar eclipse omens from the Dynasty of Akkad and Ur III late in the third millennium.”

Cuneiform tablet with the Atrahasis Epic - The British Museum

To the seas …

The earliest extant account we get of the Flood, (pralaya प्रलय in Indian texts) Atra-hasis is also ascribed to the Ammisaduqua reign – which can be gauged by the scribal colophon marks. The Atra-hasis is the world’s first account of the Flood (as per Western history) – which is recounted also in the Bible. This account of the Flood, the Atra-hasis, written by Atra, possibly by a scribe named after Rishi Atri, ऋषि अत्रि, one of the writers of the Rig Veda. The scribe writes, “at-ra-am-ha-si”, which in Sanskrit will read as अत्री अम्हसी “Atri am I”.

Since (deciphered) Akkadian language, in which these tablets were composed, works on presumptive vowels, (deciphered) vowels are a matter of guesswork, opinion and such. To give the benefit of doubt, most Assyriologists have little or poor knowledge of Indian texts and Sanskrit, which comes in the way of making some of these connections.

Eye in the sky …

But wonder turns to puzzlement, when one comes to a Babylonian king called Kandalanu (647-627 BC) – or alternatively, Kundalin(i). Kundali कुण्डली in Sanskrit means circle – of seasons, life, fortune, etc – and janam kundali is made. The measurements of Saturn during Kandalanu’s reign of 20-odd years are important to understanding Mesopotamian astronomy. Saturn in Indian astronomy is Shani शनि. In Indian astrology, Shani casts a dark and baleful shadow on which ever zodiac sign it moves into.

Ashurbanipal

It is speculated that the Kandalanu was the throne name for Ashur-bani-pal – at whose library the above clay tablets were found. Historians have have mixed opinions about Kandalanu and Ashurbanipal being the same person.

Its gotta be the Greeks …

Oh no! Not again!!

Babylonian astronomy (encompassing Assyrian, Mesopotamian, Sumerian, Akkadian) is closely allied with Indian developments in direction, purpose and history. This challenges modern history, caught between the ‘Greek Miracle’ as history school, which has stuck to the Egypt->Greece->Rome->Europe–>West-Is-The-Greatest Axis. For long, the West has systematically suppressed Indian achievements in various spheres – largely for reasons of colonial propaganda.

Western historians trace Indian own significant achievements in astronomy to ‘import’ from Babylon – via Greece! David Brown, an ‘expert’, on Mesopotamian astronomy and astrology, goes further and asserts that the “evidence for transmission to Greece and thence to India in the Hellenistic period was overwhelming.” (from Learned antiquity By Alasdair A. MacDonald, Michael W. Twomey, G. J. Reinink).

What is this ‘overwhelming’ evidence that he presents? Nothing, but the usual dating mix ups. Considering “it unlikely that it was the work of one person’ , analysts are surprised, ‘considering its internal consistency”.

Worried, Mr.Brown? There is more, where this from, Mr.Brown.

Surely, if Indians needed to learn, would it not have been easier and simpler, Mr.Brown, for Indians to have learnt this directly, from the Babylonians – instead of getting of it second hand from the Greeks.