2ndlook

Indic Justice – rediscover or reinvent?

More like Amartya Sen has foot in mouth disease?

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 Solomons Justice
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

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 virusthough 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

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
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Half The World …

Posted in Business, Current Affairs, European History, Feminist Issues, History, language, Media by Anuraag Sanghi on December 21, 2007

Bodhisattva - Ajanta Cave PaintingEvolutionary vs. Revolutionary

Belief systems in the world can clearly be classified into 3 kinds.

First , are the pagan practices like Greek, Roman, Egyptian, Babylonian et al. These were eclectic and evolutionary religions with many layers and differences. Of all these evolutionary religions, none exist today.

Then came the second layer of religions – Judaism, Christianity and Islam. These religions had an individual agent of change – and these religions trace their birth, growth and existence to that one individual (and his followers). These were reform religions – a response to oppression and exploitation in the respective societies. I am not including Zoroastrianism and Baha’i religions as these have minor followings (mostly in India).

Third is the dharmic system of India. Unlike the Desert Bloc, India did not have religions. What the West recognizes as Hinduism, Buddhism and Jainism are non-unitary systems. Jains recognize 24 Tirthankaras and the Buddhists have more than a 100 Bodhisattva. These more than 100 preachers were at the forefront of anti-slavery crusade between 2000BC and 500BC. Indic rulers (like The Hittites, Mittanis and the Elamites) confronted and had to compete with slave owning Asura societies – especially in the Middle East.

The Problem With Religions

The problem with religions

Religion

Historically, India had no religions. Modern religions are a construct of the Middle East – and given birth to the 3 major religions of the world. Judaism, Christianity and Islam. In India, the belief structure centres around Dharma – धर्म.

The difference between dharma and religion? Major!

For one, religion is about worship. There are many other differences also – in method of worship (how you worship), object of worship (what you worship), frequency of worship (e.g. every Sabbath; five times a day), language of worship (what you say, in which language), etc.

The cornerstones of modern religions from the Desert Bloc are One God, One Book, One Holy Day, One Prophet (Messiah), One Race, One People, One Country, One Authority, One Law, One Currency, One Set of Festival are the root of most problems in the world. From this Oneness, we get the One Currency, One Language logic  – a fallacious syllogism. Once you accept One, you will accept all others.

Indian worship practices are infinite. Even non-worship to is acceptable – for instance, the Charvaka school of Indian philosophy was atheistic and did not prescribe worship. Structure and deviation from worship practices are a non-issue in Indian dharmic structure. Dharma has no equivalent in the ‘Desert Bloc’ vocabulary of religions. Dharma is the path of righteousness, defined by a matrix of the contextual, existential, moral, pragmatic, professional, position, etc. Dharma is more than moral and ethics.

The really big difference is the holy books – Judaism, Christianity and Islam have one Holy Book each. No deviations. Indian dharma tradition has thousands which are more than 1000 years old – at last count.

The Desert Religions

Judaism, Christianity, Islam were all born within 500 miles of each other and share a common culture and history. Judaism can be said to have been born when Moses led the Hebrew slaves from the Pharoah (across the Red Sea) – to ‘freedom’, that is ‘free’ to enslave other peoples. This possibly happened around 500 BC at the latest to 1500 BC at the earliest. His earliest followers were the Hebrews and they were a significant part of the Middle Eastern history all through till today. The very same Hebrews and Jews continued with slavery.

The next major religious reformer in the Middle East was Jesus Christ. For the first 300 years, Roman slaves were the major believers in his teachings. Emperor Constantine earned the loyalty of his Christian troops and won the war for Roman throne by his win over Maxentius at Milvan Bridge. Prior to Maxentius, for the previous 30-40 years, Christians had been persecuted by “rule of four’ Tetrarchy reformists in Rome, headed by Diocletan. Hence, the Christian slave soldiers of Constantine were eager for victory – as the persecution under Maxentius would have been worse. Yet the biggest users of slaves in history has been the Western Christian world – especially from 1500-1900.King Constatine

Liberated slaves were the founders and rulers of Islamic dynasties, (in India, the Slave dynasty – builders of Qutub minar). Thus all the three “desert religions” were first adopted by the slaves and only after gaining significant numbers of adherents, these religions became mainstream and commenced militant proselytising, conversions – and enslavement.

Slave Religions Promote Slavery

The 3 ‘desert religions’ instead of reforming slave societies, just enabled the transfer of slave titles. Freedom meant old slaves became the new slave masters. Slavery (capture, kidnap, sequestration, transport, trade and transfer, re-capture of human beings) continued in the “desert bloc” till the 20th century.

When the followers of Mani (a teacher of Buddhist and Christian teachings) were encouraging the slaves to revolt and declare themselves free, administrators of the teachings of the “Lord of lords, and King of kings.” (Revelation 17: 14) at the Council Of Gangra, 325 AD, approved of slavery. Arabs slave traders were active in Congo – till they were replaced by Europeans.

Whats Going On Here

‘Caste systems’ (by different names) are prevalent all over the world, in all societies, based on colour, race, income, wealth, education, social status, political position, et al. Most such ‘caste systems’ have no force of the state behind it or are legal. They are the burakumin in Japan today and the African Americans in Europe and USA.

The most ‘respected’ caste system is the British nobility which exists even today – a caste system, approved by law. In India, colonial administration encouraged and increased divisions within society.British Lords Stole From The World

In order to ‘whitewash’ their own ‘dark’ history, the West is now (speciously) equating the Indian caste system with slavery. In 1919, under the Treaty Of Versailles, Western Nations set up the ILO – along with the League Of Nations. Post WW2, it was co-opted as a specialized agency of the UN in 1946. Western propaganda efforts using the ILO, have seen some success. This leading light of Dalit Christians blindly accepts Western propaganda that slavery was abolished 200 years ago in the West – and casteism is equal to slavery!

Slavery (capture, kidnap, sequestration, transport, trade and transfer, re-capture of human beings) continued in the “desert bloc” till the 20th century with the legal backing and the full might of the of the State.

In Indic territories, slavery was an inherited institution – and last seen in the Hittite rule around 1000BC. There is no record of sale and purchase of human beings in the last 3000 years in the Indic Bloc. Faced with West Asian reluctance to give up slavery, Indo Aryan rulers disengaged politically from West Asia and Middle East from around 1000 BC. Possibly, the slave revolt of Egypt by Moses itself was a result of the liberalising laws of the Hittites. Hence the fade out of the Indic rule from the Middle East – but the continuation of Buddhist influences, trade and peoples contact.

Competing With Slave Societies

After the slave revolts in the Middle East, India spearheaded major anti-slavery movements – like Buddhism Manicheanism, etc. More than a 100 Bodhisatvas and 24 Jain Tirthankaras were major figures in India’s anti-slavery reforms in the Middle East. Modern history, influenced by Western historiography, recognizes only the “ahimsa twins” – Gautama Buddha and Vardhamana Mahavira. Both of these were princes of royal blood – Prince Siddharth and Prince Mahavira.

Their first adherents were the rulers and their methods of proselytising was also aimed at the ruling class. Ashoka, The Great, sent missions with his daughter Sanghamitra to Sri Lanka – where Buddhism was established.Guru Nanak - First Sikh Guru

Guru Nanak Dev came from from the upper caste family and his focus was to end feuding on the basis of caste and creed. His first converts were from upper class families – cutting across religions (hence the opposition from some of the Mughal Kings).

Gandhiji was from the upper caste and the first item on his reform agenda was end to the “bhangis” carrying faecal refuse on their heads. His initial focus was social reform and less of anti-British activities.

Yet, from the time of Hittites to now, for 4000 years, Indic culture did not accept slavery.

The Two Halfs

There is a major difference in the Indic reform idiom compared to the Desert Bloc. Half the world today follows Indic dharmic systems and culture. The other half follows the “desert religions”. Our future lies in understanding both the halves. The development trajectories of these two halves has been significantly different. The motivations, behavioural and acceptable civilizational norms for these blocs are different – and mostly opposite.

Do we understand this adequately?

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