Life in Ancient India as Depicted in the Jain Canons, with Commentaries: An Administrative, Economic, Social and Geographical Survey c7.s6.10

c7.s6.10

In the ancient books of the Hindus it is repeatedly emphasised that a judge should deliver his judgment free from any prejudice, dispassionately and impartially.¹ In the *Jātakas* it is said that punishment should be awarded with ‘careful measure’ to the nature and degree of the offence committed.² The *Vyavahāra Bhāṣya* refers to a judge called *rūpajakkha* (*rūpadakkha* in Pali), who is described as well-versed in *Bhambhīya*, *Asurukkha*,³ *Nītiśāstra* of Māthara and *Daṇḍanīti* of Kauṇḍinya, who never accepted any bribe and did not show favour to any one while pronouncing his judgment.⁴ However, it should be noted that too much importance cannot be attached to ideals of justice preached in ancient India, and from what we gather from various stories we come to the conclusion that the judicial arrangements were not sound and efficient, but corrupt and oppressive to a degree. The kings were suspicious by nature and most severe punishments were inflicted on those who gave rise to the slightest mistrust in their mind. Very often an innocent person was arrested on a charge of robbery and brought before the court, whereas the offender was set at liberty.⁵