What are the various theories prevalent for deciding between state and family laws?

Examine
its impact on ancient society.

Ans. A woman's marriage has a significant impact on her life. In the past, there was a
marriage in India. The Uttarakurund country, which comprised the city of Mahishmati,
lacked a marriage institution, according to the Mahabharata. According to legend, the sage
Svetaketu decreed in the Great Epic that conventional marriage should approve of
promiscuity. The pre-Vedic period must be considered while discussing the promiscuous
evidence found in the epic. The wedding was viewed as a cultural and religious necessity
throughout the Vedic era. Single people are shown to be unholy in Vedic literature. The
subsequent Dharmasastra text prohibits the wife from seeking a divorce; therefore, from a
religious perspective, he still has a gap to complete before being entirely able to receive the
sacraments. The later Dharmasastra texts forbid the wife from acquiring a divorce even when
the husband has completely abandoned her while kindly permitting the partner to remarry. At
the same time, the first wife remains alive, so from a religious perspective, he does have a
gap to fill before even being completely eligible to receive the sacraments. Manu permitted a
woman to remarry if her first marriage did not result in pregnancy. Young members of the
new union practise hiers in the presence of their parents.

STYLES OF MARRIAGE

Smritis was aware of the eight acknowledged types of marriage. The Dharmashastra literature
does not mention several additional marriage customs and kinds widespread in lower
echelons of Hindu culture.

AGE OF MARRIAGES

Girls were married off at a relatively young age during the Vedic era. Even though the exact
age is not stated, we may infer from avast that girls were frequently married at fifteen or
sixteen years old in ancient Persia. There's little question that Vedic civilization was the same
way. Vedic literature refers to unmarried girls as they mature in their parent's houses. The
Atharvaveda is replete with charms and spells intended to compel wary men or women to be
in a relationship with a man.

POLYANDRY

Although the ancient gods were monogamous, society's affluent and aristocratic sections
were predominately polygamous. Vedic literature constantly refers to polygamy. The Rig
Veda and the Arthaveda are frequently referenced. If the first wife was infertile, society
permitted the husband to take the second since a boy was essential for their continuance in
paradise.

THEORIES OF STATE LAWS

Rajdharma

The King served as the highest Court and was responsible for upholding the law. Because the
King's judgement violated Rajdharma, there was no place in the smritis to challenge it. The
driving notion of state policy outlined in "Article 37" of "Part IV of the Indian Constitution"
may be likened to "Raja dharma" in its entirety. Rajdharma falls within Cooley's description
of "Constitutional law." They were a body of regulations that the kings frequently applied to
exercise their absolute authority.

RAJAKARTAVYANI (Obligations OF A Throne)

1) People are the source of strength.

2) The well-being of the people is the King's priority.

3) The protection of the public is the King's first duty.

4) Administration of Justice

The Council of Ministers, or MANTRIPARISHAT (COUNCIL OF MINISTERS)

1) The process of choosing and preparing ministers.

2) The quantity of clergy.

Advisories from the Ministerial Council

4) Subject matter and the consultation procedure.

5) The duties of ministers.

PRIYASHA PRADESH

ABHAGAAHA (Institutional DIVISIONS OF A STATE)

1) Regional Limits

2) The minister for village administration

3) Protection of individuals

Women used to play essential roles in society and were treated with great respect. They had
the same privileges and responsibilities throughout the early Vedic period. However, the
status of women started declining later, about 500 B.C. The Rigveda, the earliest piece of
known Vedic literature, was written around 1500 and 1000 BC. Its references to the idea of
the "Mother Goddess," or Shakti, which celebrates the admirable qualities of nature and
women, amply prove the pre-Aryan civilization's impact. During the Vedic Period, women
had the flexibility to pursue an education, which permitted them to delay marriage.

Additionally, it is shown that women had complete access to education by making allusions
to female role models like Gargi, Maitreyi, and Aditi. The vast volume of mantras credited to
female lecturers attests to their mastery of the topic. It is interesting to consider how women's
status was reflected by the idea that Brahmavadinis, who was committed to the pursuit of
knowledge, had the option of being married or remaining single during the Vedic period.

1) Discuss the social condition of women in ancient India. Examine why the rules and
manners of Hindu society impacted women's domestic life.

Ans. The Vedas are the foundational texts of Indian culture. The Vedic period is widely
known to be from 300 BC to 600 BC. The status of women may make only broad
generalizations and general observations about the situation of women during this long time.
The level of participation freedom granted to women in public affairs reveals the nature of
women during the Vedic era. Women never observed purdah. They were liberated. They had
complete discretion when choosing a male companion. They may educate on their own.
Remarrying was permitted for widows. However, they disapproved of divorce. Even men
were prohibited from divorcing their spouses. Women were treated as "Ardhanginis," given
complete autonomy in domestic matters.

Although sons were favoured over daughters, they were never mistreated. In addition to
undergoing "Brahmaachary" discipline, including the "Upanayana" ceremony, they also
received schooling similar to that of males. Like males, women studied Vedic literature, and
some of them, including Lopamudra, Ghosa, and Sakata-Nivavari, is credited with writing
some of the hymns that make up the Vedic literature. Up to around B.C. 300, many girls from
prosperous families received a decent education. Women have the liberty to live their entire
lives as spinsters. They weren't forced into marriage. Child marriage was unheard of. Girls
were only married off after reaching puberty and after completing their education. The bride
is older, maybe 15 or 16. The complex procedures show marriage as a spiritual tie rather than
a legal agreement. The Grihya sutras provide specific guidelines for the good seasons for
marriage and the requirements for the bride and the husband. The women were permitted to
sing, dance, and have fun. In general, Sati was rare. Remarriage of a widow was allowed
under specific situations. The Apastamba punishes a husband who unfairly deserts his wife
with several punishments. A wife who abandons her husband, however, has to do penance.

The Puranas, the Mahabharat, and the Ramayan make up India's epic literature. Women were
viewed during this time as a live commodity that might be maintained on the betting board,
sold, or bought. The Pandavas' attempt at Droupathi is an example. But the Ramayan and the
Mahabarata also present us with quite opposing viewpoints. According to Bhisma, women
were valued during this time. Sita is one of the five desirable and respected women in India,
with Ahalya, Draupadi, Tara, and Mondodari. The Mahabarata has allusions that show
women used to counsel males on religion and society. Women were viewed as unsuited for
freedom since they needed protection all of their lives.

The fact that women did not have the right to acquire was the leading cause of their
dependency on their fathers, husbands, and sons. As a result, he might gain respect and safety
inside the family. Marriage, which includes women, is a significant component of this
worldview.

2) Illustrate the hierarchy of courts in ancient India. Do you agree with the punishment
procedure of courts in old India? If yes, explain; if no, explain.

Ans. In Apastamba (third century BCE), one of the first texts that discuss how conflicts are
resolved, it is said that "those who are older, intelligent, and possessing great knowledge of
shastra who maintained firm faith towards their obligations" should pursue this noble
profession of Justice. Six courts with various jurisdictions existed in ancient India. With the
assistance of senior family members, Kaula helps resolve family conflicts. In Shrine, we have
a process for locating knowledgeable parties to resolve trade dispute issues.

In Shrine, we have a system to find the individual who understands the business, who agrees
to be unbiased and judge the problem. In the twenty-first century, we still adhere to the gana
trend, which functions similarly to a gramme panchayat in resolving village disputes. The
sovereign authorizes the Adhikrita, which occasionally resolves conflicts in the Pratishtha,
Apartishtitha, and Mudrita courts. We perceive two options when we respond with an
antiquated notion of how to run a state.

The first is Arthshastra, Kautilya's magnum work, which discusses the "rule with the
inductive inquiry of the state phenomena."

The second strategy can be discovered in Dharmashastra, which would be the tradition of
"Rajdharma".Interestingly, the Indian judicial system consists mainly of a court hierarchy
arranged according to a related premise known as the village courts. Interestingly, family
judges exist. The joint family, which may include four generations, served as the basic
building block of society. Because there may be many members of a family group at once, it
was vital to resolve their conflicts with firmness but still show empathy and tact.

Additionally, a family member was preferred to serve as the initial Justice in dispute cases.
Family courts are essential because the legal system was founded on the social system, which
explains their success. The sovereign served as the source of all Justice. One of the main
characteristics of sovereignty in Indian legal theory was the ability to administer Justice and
impose punishment. The monarch was initially supposed to dispense Justice in person,
rigorously following the law, and under the supervision of judges who had studied the law.

The punishments include admonition and censures, fines, imprisonment, mutilation, and fines
based on caste. Other forms of punishment include banishment, whipping and confiscation of
property. I agree with the disciplines followed in ancient India as they are similar to what we
observe in the current scenario. But I disagree with the punishments where fines are based on
castes as it brings discrimination and a sense of division between the current issue of
prejudice and inequity.

3) Discuss the Judicial Administration in ancient India.

Ans. The Manusmriti, often referred to as Manava-dharmasastra in Sanskrit, is the most

significant and oldest metrical work in the Dharmastra documentation of Hinduism and was
composed by the ancient sage. Manu lists ten fundamental principles for adhering to the
Dharma: patience, forgiveness, righteousness or self-discipline, honesty, sanctity, control of
senses, reason, knowledge or learning, truthfulness, and krodha. Manu continues, "The core
of Dharma is nonviolence, honesty, non-covetousness, cleanliness of both body and mind,
and control of senses." Dharmic rules thereby regulate everyone in society, not just the
individual. Because they did not rely on the knowledge of particular Vedic schools, the works
on Dharma were significant because they marked the beginning of a free convention that
focused on Dharma itself rather than its Vedic roots. The Manusmriti feared an attack, other
actual injuries, and property violations like theft and burglary. Therefore, the concept of
Dharma guided Indian growth; from the Vedic era until Muslim infiltration, everyone was
constrained by Dharma, including the King and his last hireling. The root of the term
"dharma" is "dhr," which means to desire to uphold, support, or sustain. The Seers widely use
it in conjunction with "rta" and "Satya." Most frequently, the terms "standard of honesty" or
"duty," "law of sanctity," and "guideline of solidarity" are used to denote Dharma. Based on
the Varna framework, the organization of tangible equity and the scourge of discipline was
carried out. Manusmriti believes it is only natural to think about how legal equity is
organized. Manu demonstrates that the lord, acting as judge, should consider "the integrity
and knowledge" of the plaintiff.

As components of his Varna, his competence and education are evaluated. Three members
were knowledgeable about Sacred Law (dharmas that), and trio ministers of the King
(amátyas) would administer Justice at sites where districts assemble. The court issued these
legal concepts. Eleven communities gather in "Sangrahana" to do business. The King should
decide after a few hours of deliberation, as per Dharmashastra and Nitishastra. The monarch
would only look at significant matters. On occasion, he would hand over control to the Chief
Justice. Whether a king's judgement is good or poor, there is no appeal system. The King was
supposed to make decisions reasonably. He had to choose a course of action, or he would be
judged guilty. A legislature did not enact the law. Law is said to be founded on Srutis and
Smritis if it has a religious component. Without the assistance of a jury panel, the Chief
Justice and King could not commence a trial. The jury's verdict will advise the King. If the
jury is unable to decide, the King must do so. The Smritis specify that all members of the jury
must be Brahmanas. Juror responsibilities need a thorough knowledge of holy law. However,
knowledge of divine law is not necessary for disputes between farmers, artisans, and
foresters.
REFERENCES

1. ALTEKAR, A.S. 2016. THE POSITION OF WOMEN IN HINDU CIVILIZATION.

DELHI: MOTI LAL BANARSIDASS PUBLISHERS PVT LTD.
2. JOIS, JUSTICE M. RAMA. 2019. LEGAL AND CONSTITUTIONAL HISTORY
OF INDIA. HARAYANA: LEXISNEXIS.