State and Government in Ancient India c10.s1.8

c10.s1.8

The above criticism is mostly based upon a misunderstanding of the factors that have promoted the development of the Hindu social institutions. Customs and traditions changed in ancient India by the silent operation of social approval or disapproval and not by the noisy process of a legislative enactment or repeal. The state only enforced what had been previously approved by the social conscience. When society in early period was sanctioning intercaste dinners and marriages, the state had no objection to them. When later on it disapproved both these practices, the state did not propose to encourage them. In early days widows had no right of inheritance; the property of a person having no heir other than a widow escheated to the state. Later on society decided to recognise widow as an heir of her deceased husband, and though this change adversely affected the interest of the excheqor, the state cheerfully sanctioned it. The recognition of the promotion of *dharma* as one of the duties of the state did not result in the apotheosis of the *status quo*; every student of Hindu social institution will concede that changes were gradually and continously taking place in them. Levirate (*niyoga*), once approved, was later stamped out of existence; not only the proprietary rights of women, but also those of the Śūdras were being constantly enlarged in spite of the opposition of the earlier writers.