Theory of Government in Ancient India (Post-Vedic) c9.s1.10

c9.s1.10

Of all the Dharma Śāstras Manu is the oldest and most influential. Viṣṇu generally follows Manu. His scheme of human duties is much the same but he expressly allows Śūdras to practise all branches of art. In times of distress, each caste may adopt the occupation of that next to it in rank. It is also permitted to men to take wives from lower castes. A later passage, however, perhaps an interpolation, qualifies this rule by restricting it to the circle of the twice-born and by severely interdicting marriage between a Dwija and a Śūdra.² The king must keep the four castes to their duties and should see that the twice-born adhere to the duties of the four stages of their life. He was responsible for the protection of the people. If he could not recover stolen goods from thieves, he must compensate the owners from his own treasury. For administrative purposes, Viṣṇu prescribes the same scheme of local government as Manu, only omitting the subdivision of twenty villages.¹ The Brāhmaṇas are exempt from taxation for they pay taxes in the form of their actions. The king, that is, the state, is entitled to a sixth of all the gross produce of the land. Like Manu and Kauṭalya, Viṣṇu assigns to the government a share in all income. It is entitled to a tenth of the price of the articles sold in the country and a twentieth of those disposed of in foreign states. The latter is tantamount to an export duty. The king could charge a sixth on meat, honey, clarified butter, herbs, perfumes, flowers, roots, fruits, liquids and condiments, wood, leaves, skins, earthen pots, stone vessels and anything made of split bamboo. He could take a fiftieth of cattle, gold and clothes. Any attempt to evade the customs should be punished by the forfeiture of all the goods of the defaulter. Artizans, manual labourers and Śūdras should give a day's labour in the month to the government. The government is entitled to the whole produce of the mines and to one-half of treasure-trove, the other half going to Brāhmaṇas. But if the treasure has been discovered by Brāhmaṇas, they could keep the whole of it, and if by members of other castes, it was to be divided in varying proportions among the discoverer, the king and Brāhmaṇas. Justice is another source of public income. Not to speak of numerous fines, one-tenth of a debt which was the subject of a law-suit goes to the king.² The administration of justice in Viṣṇu follows the old principles and procedure. When treating of insults and offences, he enters into an extraordinarily minute classification. For example, a fine is prescribed for omitting to invite a Brāhmaṇa neighbour to a feast or for offering him no food when he has been invited. On the other hand, if the guest, having duly accepted the invitation, refused to eat, he should pay a gold Māṣaka as fine and double the amount of food to the host. The law on social matters follows the lines of Manu. His criminal code is Draconic. Viṣṇu provides spiritual penalties, such as the performance of sacrifices, penances and the bestowal of gifts for most of the crimes which man can commit. He adopts the Arthaśāstra analysis of the elements of the state and counsels the old foreign policy in accordance with the doctrine of maṇḍala. But he emphasises that when a country has been conquered, its time-honoured laws and customs should not be abolished. Nor should its old dynasty be uprooted, unless it be of ignoble descent. The conqueror should invest a prince of the same line with the royal dignity.¹ In foreign affairs as in domestic government spies play an important part.²