Life in Ancient India as Depicted in the Jain Canons, with Commentaries: An Administrative, Economic, Social and Geographical Survey c7.s6.t1: Cases

Life in Ancient India as Depicted in the Jain Canons, with Commentaries: An Administrative, Economic, Social and Geographical Survey c7.s6.t1

Language: English

Cases

c7.s6.t1.1

The term used for a law-suit in our texts is ‘*vavahāra*’ Theft and robbery seem to have been most ordinary cases that came before the court for adjudication, but other cases were also not less in number.⁶

c7.s6.t1.2

⁶ The topics which give rise to law-suits are grouped by *Manu* (VIII, 4-7) under eighteen titles, namely : (1) recovery of debts, (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, (5) resumption of gifts, (6) non-payment of wages, (7) non-performance of agreements, (8) disputes regarding boundaries, (11) assault, (12) defamation, (13) theft, (14) robbery and violence, (15) adultery, (16) duties of man and wife, (17) inheritance and partition, (18) gambling and betting.

c7.s6.t1.3

We are told of a simple villager, who was going to trade with his bullock-cart loaded with corn and a partridge-cage tied to it. On his way he met some perfumers who enquired whether he wanted to sell his ‘partridge-cage tied to the cart’ (sagaḍa-tittiri) which could also mean ‘the cart as well as the partridge.’ The simpleton replied in the affirmative. The perfumers paid him a kāhāvaṇa and taking his bullock-cart as well as the partridge made off. The poor villager went to the court, but lost his case. After sometime the villager visited the perfumers with his bullocks in exchange of two pālis of sattu provided their mother came to him nicely dressed and decked with ornaments with the offer. The perfumers agreed to the proposals and their mother approached the villager as desired by him. The villager succeeded in his stratagem and holding the woman by hand departed. In the meantime the people gathered there, and they heard the whole story. The villager got his bullock-cart back and allowed the woman to go.⁷

c7.s6.t1.4

⁷ Das cū, p 58, Vasu, p 57, also cf .Īla cū, p 119 8 Āva cū, II, p 181 f 9 Vya Bhā 3 345 f, p 69. 10 Uttarā Ṭī, 9, p 134. 11 Āva. cū, p 391 f. 12 Brh Bhā, 4. 4923-25, also see Uttarā., 3, p. 72 a.

c7.s6.t1.5

Then we hear of a murder case. Kappaka, who was a Brāhmaṇa by caste, once murdered a washerman and in wrath dyed his clothes with the latter’s blood. The guild of the washerman (seni) went to the court (rājakula), but seeing Kappaka there conversing with the king, came home.8

c7.s6.t1.6

Sometimes even for ordinary offences complaints were lodged with the king. We are told about a man of Lāṭa, who took away the umbrella of a Mahārāṣṭrian. The latter sued the former in the court, but he lost the case.9 Then we hear of a quarrel between Karaṇḍu and a Brāhmaṇa over a staff (daṇḍa). Karaṇḍu pleaded before the judges (kāraṇikas) that since that bamboo staff had grown in his cemetry, it belonged to him, the judges pronounced their judgments in favour of Karaṇḍu.10

c7.s6.t1.7

Sometimes even the Jain monks had to appear in the Law-Court. We are told that when Vaira was six months old he was taken by the Jain monks for ordination. In course of time, the mother of the child filed a suit in the court against the monks. The king sat to the east, the Jain Sangha to the south and the relatives and friends of Vaira on the left of the king. The whole town was on the side of the plaintiff. The mother tempted the child by showing various toys but the child would not come to her. The father of Vaira, who had taken to ascetic life, and who belonged to the opposite party, called out his child and asked him to take up the rajoharaṇa and the child obeyed. The mother lost the case and the child was given to the monks.11 At times the Jain monks visited the king and complained against the prostitutes, who trespassed on their residence with the intention of distracting and seducing them.12

Linked texts (1)

Mānava Dharmaśāstra — Manu & Bhṛgu, Sanskrit