ANCIENT BHARATIYA (INDIAN) LEGAL SYSTEM.
PART-I—RAMAYANA DAYS (-1,000BC *)
SARASIJ MAJUMDER
On the 10th birthday, I was presented ‘Ramayana’ by my parents, and was blessed to become a Person inheriting virtues of Lord Rama.
I finished the ‘Epic come Holy Script’ in one month time, and since then read it many times. That book is still with me. I have studied Valmiki, and Tulsidas versions also.
I am, based on my overall study, and travels, fully convinced that, in spite of many things being exaggerated in Ramayana, it is a valid part of ‘History’ of ancient Bharatvarsha—which is now India.
We must understand—the original composition (24,000 verses available) was transferred from generation to generation by “SHRUTI”, before it was penned down!
In this BLOG, I will discuss about the legal system of that era.
The legal system during the Ramayana era was rooted in Dharma (duty, righteousness, and cosmic order), where law was not merely statutory but a comprehensive moral code. The system was designed to be impartial, duty-based, and focused on maintaining social harmony, with the King acting as the Supreme Judge or final arbiter.
The legal system was anchored in the twin concept of Dharma (as described above) and Danda Niti (the science of law and punishment). It was a well-structured framework where the King was the ultimate authority, yet he was bound by the same laws he administered.
SOURCES OF LAW:
The legal principles were derived from four primary sources:
Vedas & Smritis: Sacred texts that outlined moral and ethical duties.
Highest order of Customs (Sadachara): Established local practices and traditions of noble individuals.
Statutes (Raja Shasana): Decrees and edicts issued by the King.
Conscience (Antaratma): Rama himself noted, and stated that the inner conscience acts as a guide in complex moral dilemmas.
HIERARCHY OF COURTS:
Justice was dispensed through a two-tiered system:
Local/Village Courts: Presided over by village headmen with council of elders (Gana Sabha) to resolve minor disputes and family matters.
The Royal Court: The highest court presided over by the King, or Pradvivaka in the Audience Chamber.
- The King (Nripa): The final arbiter of justice.
- The Chief Justice (Pradvivaka): Appointed to guide the King and oversee proceedings in his absence. We will discuss his role in more details below.
A Pradvivaka was equivalent to the Chief Justice in the judicial system of ancient India, acting as the primary legal advisor to the King and presiding over the highest court. Appointed for their knowledge of Dharma and Vyavahara (law), they played a crucial role in interpreting law, examining evidence, and ensuring impartial justice.
Key Aspects of the Pradvivaka:
Etymology, Role and Definition: Derived from Prat (questioner) and Vivaka (judge), the Pradvivaka was the chief legal officer who questioned the parties involved in a dispute, or a crime.
Court Structure: They presided over the King’s court (when the King was not present) and managed benches of Sabhyas (present day jurors or judges).
Legal Expertise: They were typically learned Brahmanas deeply versed in the Dharmasastras and Arthashastras, ensuring judgments were consistent with ancient legal scripts.
Functions: As listed below:
Adjudication: The Pradvivaka examined witnesses and evidence.
Record-keeping: They were responsible for maintaining the Vichar Patra (DECREES) and Jayapatra (written judgment or victory document).
Independence: They were expected to be impartial, fearless, and non-corrupt, with their duty being to protect the rights of the subjects.
In ancient India’s hierarchy of courts, the Pradvivaka was Second Only To the King, ensuring a structured approach to law and justice.
The Council of Ministers (Sabhyas): like present day Jurists and scholars who acted as assessors to ensure impartiality.
- Legal Branches & Principles
Property & Inheritance: Detailed laws governed land ownership, gifts, and the division of property among heirs.
Contracts: Agreements (such as marriage promises or military alliances) were considered morally and legally binding.
Criminal Justice: Based on Danda (coercive force/punishment). Punishments ranged from admonition and fines to corporal punishment or banishment, depending on the severity of the crime.
Law of War: Strict ethics applied to combat, such as the prohibition of attacking unarmed civilians or using weapons of mass destruction against non-combatants.
- Judicial Conduct
Impartiality: Judges were required to be free from attachment, greed, or fear.
Public Trial: Cases were heard in open court to maintain transparency.
Rule of Law: Even the King was subject to the law. A famous instance is Rama’s decision to banish Sita to respect the public consensus, illustrating that the King’s will was secondary to the welfare and law of the people.
Here are the key aspects of the legal system in the Ramayana era:
Plaint and Defense: The legal process included a Purva Paksha (complaint/plaint) and Uttar Paksha(defense/written statement).
Evidence and Witnesses: Decisions were made based on evidence, including oral testimony and documents. Perjury was considered a grave sin.
Criminal Investigation: The police or state officials were responsible for investigating crimes and presenting evidence.
- Criminal Justice and Punishments
Danda (Coercion): Danda was deemed necessary to maintain civilized life and law and order.
Types of Punishment: Penalties included admonition, reproof, fines, banishment, or corporal punishment, based on the severity of the crime.
Impartiality: Justice was expected to be rendered without bias toward friend or foe.
Administrative Courts: Special courts handled offenses by officials, such as using false weights or adulterating goods (a concept detailed in the Artha-shastra which shares roots with the epic-era justice system).
- Key Legal Concepts
Property Law: The Ramayana depicts well-defined laws regarding property ownership, inheritance, and the division of property among heirs.
Contracts: Agreements were considered binding, often based on honor and truthfulness (e.g., the agreement between Rama and Hanuman, or Rama and Sugriva).
International Law/Rules of War: Rules existed regarding warfare—forbidding the killing of unarmed individuals, those in hiding, or the use of excessive weapons, similar to modern international humanitarian law.
The Ramayana represents the concept of Ramarajya (Reign of Law), where justice was accessible, fair, and meant to uphold righteousness.
The legal precedents from the Ramayana highlight a sophisticated understanding of justice, evidence, and state responsibility. These “cases” illustrate that the law of the time was not just about the King’s whim but was a set of binding principles known as Rajdharma.
- Principle of Public Accountability: The Banishment of Sita.
Perhaps the most famous precedent is Rama’s decision to banish Sita after their return to Ayodhya.
Legal Precedent: This established that the will of the people (vox populi) and the reputation of the royal house were paramount over the King’s personal feelings. Even though Rama personally believed in Sita’s innocence, he acted as a constitutional head who submitted to the moral standards demanded by his subjects.
Without understanding it—the members of ‘Women-Lib’ blames Lord Rama.
- Law of Evidence: Jatayu’s “Dying Declaration”
When the King Vulture Jatayu was mortally wounded while trying to save Sita from Ravana, he lived just long enough to inform Rama of the direction and identity of the abductor.
Legal Precedent: In modern Indian law, this is recognized as a Dying Declaration (Section 32 of the Indian Evidence Act). Rama accepted Jatayu’s testimony as conclusive evidence without further corroboration because a person “on the verge of death does not lie”.
- International Law: Diplomatic Immunity of Hanuman
When Hanuman was captured in Lanka, Ravana initially ordered his execution. However, Ravana’s youngest brother, Vibhishana, intervened, citing the law that an envoy cannot be punished by killing.
Legal Precedent: This is the direct ancestor to Diplomatic Immunity (mirroring Article 29 of the Vienna Convention). It established that messengers or ambassadors are protected from capital (now any) punishment, regardless of the message they carry or the enmity between states. They at best can be asked to leave the country.
- Law of War: Prohibition of Weapons of Mass Destruction.
During the battle against Ravana, Lakshmana proposed using a powerful weapon (resembling modern biological or nuclear arms) that could destroy all of Lanka.
Legal Precedent: Rama forbade its use, ruling that proportionality is essential in warfare. He stated it was illegal and immoral to use weapons that kill non-combatants, the sick, or the unarmed simply to defeat a single enemy. This aligns with modern Geneva Convention protocols.
USA violated this by dropping Atom Bombs on Hiroshima, and Nagasaki—and deliver sermons about human rights!!! What a pity! There are other examples of ‘Genocide’ caused by many head of states. India never did it, excepting Jyoti Basu—the Communist Supremo of Bengal.
- Administrative Law: The Death of Vali.
Rama’s killing of Vali from a hidden position remains a debated precedent.
Legal ratification: Rama justified the act not as a part of fair duel, but as a punishment delivered to a criminal. Since Vali had illegally usurped his brother Sugriva’s kingdom and wife, he was classified as an Atatayin (aggressor), whom the King’s representative had the authority to execute by any means to restore order.
- Judicial Pardon: The Remission of Sentence.
Modern judges, such as those in the Madras High Court, have cited the “bear and tiger” story Sita told Hanuman as a basis for the Power of Pardon (Article 72 of the Constitution).
Legal Precedent: Sita argued that a person’s behavior should not be conditioned by their tormentor; even those deserving of the death penalty can be shown mercy. This highlights the concept that justice should be tempered with remission and compassion.
- Bharat’s refusal to be King: In Islam we see Brother killing Brother, and Son killing Father to become ‘Sultan’ or King. Here, Bharat denied to be a king, and ruled the Kingdom as a representative of his Eldest Brother who was in exile to observe his father’s commitment to his step-mother, who was Bharat’s mother. Bharat thus honoured the legal heritance, and right of Prince (eldest son of King).
This was the jewel in the Legal Crown of that period of Indian History!
The above establishes that when Europeans were more like ‘Ape-men’, BHARAT was a highly civilized country, even in 5,000 years ago.
Jay Shreeram, Jay Bharata.
REFERENCES: –
- Wasudev Laxman Shastri Pansikar: Published “The Ramayana of Valmiki with Tilaka of Rama,” which is a foundational edited version of the Sanskrit text. Gita Press (Gorakhpur)
- RAMAYAN (Bengali Version)—Krittibas Ojha
- RAMCHARIT MANAS (Awadhi language)—Tulsidas
- *– Based on a scholar of BHU. No scientific proof is available
