Hindu Administrative Institutions c12.s2.8

c12.s2.8

On the other hand the Dāyabhāga treatises rule that the head of the family is the absolute owner of all common property which he could use or enjoy according to his will and pleasure. Under this law the son is not entitled to enforce the right of partition in the life-time of the head of the family; but the brothers and other members could utilize their shares as they pleased even though the property remains undivided. These rules are fast on the plane of decline. We have only remnants of this institution which served several important purposes centuries before efficiently. In a growing state of society in a comparatively early stage, there was no risk of unemployment nor of pressure on the means of subsistence; poor relief, insurance against risks, old age pensions, and other like questions are incidental only to the modern state. The Kauṭalīya also advocates this institution. It ordains that it is the duty of every member of the family to maintain his children, wife, parents, minor brothers, unmarried or widowed sisters. Every gṛhasta could not take up the robes of asceticism before adequately providing for all the members of his family. If not, he was liable to punishment by the state. Thus the state in ancient India saved itself from many new responsibilities by enforcing the responsibilities of its citizens. Kauṭalya, a statesman of moral ideas, is not for maintaining those fallen away from the path of dharma (patitās) : but he would make an exception in the case of the mother. Though a patita she must be protected. (Artha- The next important feature of the Hindu village economy was the caste *panchayat*. The expression *panchayat* is a misnomer. It has nothing to do with the numerical connotation of five. It may be that this council sometimes consisted of only five members. But it was by no means a rigidly fixed number. Dr. Matthai is right when he says¹ that it refers either to the general meeting of all the members of the caste or community, or a select body of men chosen by that caste or community. By a caste *panchayat* is meant nothing more or nothing less than the association of men of one and the same profession or occupation. Here questions affecting the particular castes or professions are discussed, and solutions are found to remedy the defects or errors that have crept into their organizations. Besides the four-fold division which is regarded as an economic division of labour, there