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: –
- Police to population ratio (‘increase police force’)
- Prison population (‘put more criminals behind bars’)
- Capital punishment (‘kill enough criminals to instill fear’)
- Poverty (‘it is poverty which the root of all crime’)
- 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!
India – The Second History
For most Western historians (and also Indians), only the Core North India, is Indian history, society and culture. This is the history which British propagated and showed India as a defeated civilisation. Invaded, pillaged and dominated. Inferior and poor. Technologically backward. This is the history that is taught in schools and exists in popular imagery.
Despite its many fallacies, this view is being perpetuated by propaganda interests of the Anglo-Saxon bloc and the (various versions of) Congress party which has been the ruling party for the most of post-colonial India.
Along the Dakshinapatha दक्षिणपथ
There is another part to that history – which today influences and touches half the world. This history is full of wealth, military successes and a spread which taken India deeper than any other civilisation in the world. While the previous history was along the उत्तरपथ uttarapath, this story lies along the दक्षिणपथ dakshinapatha.
Its starts at Kerala, a highway across Nagpur Jhansi, Gwalior, Delhi ,Kashmir and ends in modern Iran. This history and geography is loosely dominated by the Dravidian segment of India.
Colonial historians (from India and the West) dismissed Dravidian history as subordinate and lesser than Aryan on the basis of the Aryan Invasion Theory. Now that the Aryan Invasion /Migration Theory does not have a leg to stand on, the contribution by the Dravidians along the dakshinapatha दक्षिणपथ becomes more important.
Where It All Started
The oldest Indian language, not based on Sanskrit, is Tamil. There is 3000 year old history that Tamil language has, which makes it one the oldest, living language. Related languages are in use even today in Pakistan, where the Brahui tribe speaks a related version of the Tamil language. The Brahuis have marriage preferences which are similar to South Indians (cousins preferred in marriage) – rather than North Indians.
How did Tamil land up in Baluchistan? And thereby hangs a tale.
The Elamites
The people of Elam (yes in Tamil, Eelam means homeland), were the first to civilise the Iranian Peninsula in the 2700 BC period. They were contemporaries of the Egyptians, the Mittanis and the Hittites. The Elamites were a significant people till the 800BC in Persia (modern day Iran).
The Elamites concluded a major treaty with the Akkadian King King Naram-sin (Naram to Narain and Sin is the moon goddess, Chandra; possibly Narayan Chandra). Akkadian language is itself implicated in being in cahoots with Sanskrit and Indus Valley languages – and the creation ans spread of most modern languages except Sino languages.
The Elamites, Mittanis and Hittites ruled an area stretching from Iran to Iraq up to modern Turkey. Numerous kings have Indian names – like Shutruk (Shatrughna), Shushinak (Sheshnag – the eternal serpent on whom Vishnu rests) Siwe /Sive (Shiva-pal seems to be his name – Dravidians have a significant Shaivite following even today).
One of the most prominent rulers of Babylon was Nebuchadnezzar (as spelt in English). Replace ‘b’ with ‘d’ and you are very close the Tamil name of Neduncheziyan (Nedunchedianuru) – a current and modern Tamil name. Interestingly, Neduncheziyan is more famous as the fabled erring Pandyan King in the Tamil classic – Silappadhikaaram. Neduncheziyan mistaken justice, brings him grief and finally death. Neduncheziyan is overshadowed by the other King, Cheran Senguttuvan’s fame in the Tamil classic, written by Jain Saint, Elangovadigal.
The goddess figurine seems to show parallel preferences between Elamite concept of female beauty and today’s Kodambakkam.
Ophir
This was a famous city from which ancient Egypt, Babylon, Sumeria and other Middle East countries imported gold, sandalwood, ivory, gems, (wild animals and birds(peacocks, monkeys). This now seems to be a corruption of the Tamil kingdom of Oviyar. Oviyar were one of the ruling tribes of South India and Sri Lanka. Ophir (as the Greeks called it and the West knows it) was a kingdom in South India and Lanka – a legend in its own time. Ships sailed from Sopara (modern Nallasoppara) and Lothal.
The Satavahanas
Immediately after the decline of Mauryan power in the Deccan, rose the Satavahanas. Based in the Godavari and Krishna river region, their origin is
is disputed between being Andhras or Marathas. Many of Sakas and Yavanas were taken onto Satavahana administration. Indianised Sakas and Yavanas, (Dharmadeva, Agnivarma or Rishabhadatta) from the Central Asia-Iran-Afghan region, were tribes and peoples conquered by Alexander and subsequently available as mercenaries. The spread of Buddhism gained strength during this reign – which we will see became a significant feature of Dravidian spread. The Amravati stupa, was built during this period.
Satakarni I (C. 180-170 B.C) was one of the early Satavahana rulers. He expanded to western Malwa (a Sungas territory) and clashed with the powerful Kalinga ruler Kharavela. He performed performing Aswamedhas thus announcing his suzerainty – desides celebrating a Rajasuya. His queen was a Marathi princess Naganika and a Naneghat inscription describes him as ” Lord of Dakshinapatha, wielder of the unchecked wheel of Sovereignty”.
Hala (C. 19-24 A.D) the seventeenth Satavahana ruler compiled Saptasati in Prakrit, married a Sri Lankan princess, (described in Prakrit work) Lilavati. Gautamiputra Shri Yagna Satakarni (C. 78-102 A.D.), in an inscription at Nasik, took pride in calling himself `Destroyer of Shaka(Scythians), Yavana (Greeks) and Pahalava’ – Pahalava referring to the Pahlavi dynasty of Parthian area of Iran. More than 13000 coins were found from his reign – now famous as the Jogalthembi hoard.
The Chalukyas – 5th Century to 12th Century
Vijnaneshwara who accomplished renown by inscribing Mitakshara- a book on Hindu law in the court of Chalukya Vikramaditya VI. Somesvara III was a magnificent intellectual and king who amassed an encyclopedia of all arts and sciences called Manasollasa.
The Maritime Saga
So, these Indians from South were involved in Middle East administration and were a major maritime power till the 17th century. Indonesia, Philipines, Malaysia, Thailand, Cambodia were at various times ruled by these Dravidian rulers.
The world’s largest religious complex is the Hindu temple of Angkor Vat – in Cambodia.
Simultaneously, trade introduced Islam and Christianity into India in Kerala, Bengal and Kashmir – before any invasions. The demographic change in Indian religious due to invasions was magnified by colonial historians to create animosity.
More coming up in the next 1 week.
As can be seen, North and South Indians were different language and practices but saw themselves as apart of Bharatvarsha – i.e India. Unlike what European historians would like us to believe. Lot of the material is available as links in this post also.
2ndlook 
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