Which Is the Oldest Law in India

In the 17th century, the sixth ruler of the Mughal Empire, Aurangzeb, brought together Fatawa-e-Alamgiri with several Arab and Iraqi Islamic scholars who served as the main governing body in most parts of South Asia. [10] [11] Some of the best-known Smriti are the Dharmashastras, which include Manusmriti (200BC-200CE); Yajnavalkya Smriti (200-500CE); Naradasmriti (100 BC – 400 AD); Visnusmriti (700-1000CE); Brhaspatismriti (200-400CE); and Katyayanasmriti (300-600CE). These texts have often been used for court judgments and expert opinions. They dealt with the subject of the Dharma and were counselors on the Dharma with rules of conduct and rites. Dharmasutra (the first four texts of the Dharmashastra) discuss the rules of duties for the entire ashram: student body, home ownership, retirement or forest residence, and renunciation. They also set the rites and duties of kings and judicial procedures. Other topics covered by the Dharma Sutras include rules regarding one`s own diet, crimes and punishments, daily sacrifices, and funeral practices. The sources of law at that time were Sruti, Smriti and Acharas (customs). The Sruti consist of the 4 Vedas, namely Rigveda, Yajurveda, Samaveda and Atharvaveda.

These Vedas dealt mainly with religious duties, practices and customs. The second source is called Smriti, which literally means “as recalled” and refers to tradition. It is the texts written by the people that contain the collected traditions. In ancient India, Naman was considered the source of justice to act as Lord of the Dharma and was entrusted with the highest authority in the administration of justice, and his most important duty was to protect the rights of his subject. The royal court was the highest court, next to it came the court of the Chief Justice (Pradvivaka). The King`s Court was the highest court of appeal, as well as an original court in cases of vital importance to the state. At the royal court, the king was advised by educated people such as learned Brahmins, ministers, the chief justice, etc. As mentioned by Brihaspati, there were four types of courts, namely fixed and mobile courts, held in the absence of the king under the royal seal, and commissions held under the king`s presidency.

So there was a hierarchy of courts. In the villages, village councils (kulani) dealt with simple civil and criminal matters. At a higher level in cities and districts, courts were run by government officials under the authority of the king to administer justice. In order to resolve problems between members of the artisan class, merchants, etc., commercial guilds were empowered to exercise effective jurisdiction over their members. Family courts have also been established. Puga gatherings, consisting of groups of families in the same village, settled civil conflicts between family members. Minor criminal cases were dealt with by court meetings in villages, while serious criminal cases were brought before the central court, which was usually under the authority of the king or king. The appellate system was practiced and the king was the highest court of appeal. An essential feature of the ancient Indian legal system was the lack of lawyers. [6] Another notable feature was that a bank was always preferred by two or more judges to administer justice, rather than one person being the sole legal administrator. [7] Glanders (or stuffing) is a disease that affects horses and can be transmitted to humans. Under this law, horses with the disease can be slaughtered and the owner receives compensation for loss of livelihood.

Inspectors also have the power to “enter and search any field, building or other place to determine if there is a sick horse inside.” As recently as 2011, this law was used to pay compensation of Rs 50 to owners of a horse with glanders. The horse cost the owners Rs 35,000 and helped them earn Rs 250 a day. Compared to modern law, classical Hindu law was a peculiar legal system, as it followed a unique arrangement of law and policy with a unique set of values. Ancient India represented a distinct legal tradition and had a historically independent school of legal theory and practice. The main purpose of the law in Vedic times was to preserve the “Dharma”, which means justice and duty. [1] [2] The Dharma includes both legal and religious duties. It includes not only laws and judicial procedures, but also a wide range of human activities such as ritual purification, personal hygiene programs, and forms of dress. The Dharma provided the most important direction by which one strived to live one`s life. Dharmashastra contains three categories or themes.

The first is âchâra, which contains rules for daily rituals, life cycle rites, specific duties and correct behavior that each of the four castes or varnas must follow. Daily rituals include practices about daily sacrifices, what kind of food to eat and how to get it, and who can give and accept religious gifts. Life cycle rites are the rituals performed during important life events such as birth, marriage, and the bonding of the sacred thread.