Manusmriti Research Articles

Mesamsam Ceremony for the Validity of Divorce for the Krama of Kubu Traditional Village, Bangli District, Bali-Indonesia

It is human nature as social creatures that every man and woman have the instinct to love each other and need each other in all areas. As a sign that someone has entered this period, it begins with the marriage process. Marriage is a sacred event and obligation for Hindus because God has said in Manava Dharmasastra IX.96 as follows: To be a mother, women were created and to be fathers, men were created. Religious ceremonies are prescribed in the Vedas to be performed by husband and wife. Such is the importance of marriage that it can only take place after various requirements specified in State law (Law No. 16 of 2019) concerning marriage according to national law and customary law (in this case Balinese customary law), are fulfilled by a series of ceremonies for both candidates. Bride and groom with the intention that the marriage can run smoothly and last forever as a husband and wife couple. However, it cannot be denied that in marriage conflicts can arise resulting in divorce between the two parties, which of course is carried out through the district court process so that a divorce certificate will be issued. Especially in Bali, namely in Kubu Bangli Village, you cannot accept only court decisions, but there are also decisions from traditional villages, namely by carrying out the Mesamsam Ceremony to legalize the divorce. So the problem formulation emerged as to what the divorce procedure is for village manners in the Kubu Bangli Traditional Village and how legal divorce is for village manners in the Kubu Bangli Traditional Village. The method used in this research is an empirical legal research method by looking at the facts that occur in the field by synchronizing the application of positive law and customary law.

An investigation into the Dharmasutras' Manusmruti Varna system

A wealth of knowledge on the political, judicial, and social climate of that era may be found in Manusmriti. The earliest and most well-known smriti is Manusmriti, also known as Manava dharmasastra. A standard representation of Hindu society and civilization, the Manusmriti is the most authoritative source of Hindu law. The second-century manuscript Manusmriti is credited with maintaining the varna system, which consists of four divisions within society. This classification, however, does not only apply to Manusmriti. Instead, it is a prevalent aspect—indeed, a fundamental component—of all of the Dharma literature. The challenges the Brahmin group faced during a time of extreme social upheaval seem to have been taken into consideration when the book was written. The Vyavaharapadas worldview aims to restore the oneness of the Brahmin and Kshatriya ethnic groups. Eleven The focus on this topic is intended to be seen as a gift of similarity from the ruling elite to the religious community. Apart from the Vedas, very few other literary works in the world perhaps give women as much respect and privileges as these do, as the Manu Smriti gladly attests to. It might be necessary to search for further modifications even in well-known women's activist works to properly arrange Manu Smriti. It is not very clear from everything I have looked at that women are the cornerstone of a good society. The other ancient political philosophers shared Manu's belief that women were a creature that required care and protection and could not exist on their own. However, the intellectuals' belief reduced women to subservient entities. Women have always taken a backseat to men in society. She was seldom treated with respect; occasionally, somebody would refer to her pitiful situation. The author attempted to analyze the varna system in Manusmriti as well as the position of women during that time.

The Consumer Protection System Formation: Historical and Legal Perspective

The paper examines historical and legal aspects of the formation of the consumer protection system. On the basis of a number of provisions of the Laws of Hammurabi and the Laws of Manu, the Digests of Justinian, the author defines the features of protection of the rights of buyers from unfair actions of the seller. Taking into account the analysis of regulatory sources, the author draws a conclusion regarding a set of unsystematic norms and mechanisms and the absence of a consumer protection system. The situation began to change gradually only at the turn of the 19th–20th centuries when special legislation and state and public institutions ensuring consumer rights were developed. Referring to the provisions of the Law of the Russian Federation dated 7 February 1992 No. 2300-1 «On Consumer Rights Protection», the author notes the absence in its structure of special norms aimed at protecting the rights of consumers of financial services, which does not seem quite adequate to the economic relations that are developing in the financial market. According to the results of the study, the author concludes that at the moment there is a new stage in the development of the consumer protection system, involving both the formation of narrow-profile regulation for consumers, depending on which sphere they act as such, and the creation of specialized institutions to protect their rights.

Gendered Reflections on the Hindu Code Bill

Women were always portrayed as self-sacrificing and demure, prisoner of various orthodox traditions and devoted to their family. 1 Her behaviour should be modelled on various religious texts, and she would be severely punished if any moral code were violated. However, at the socio-economic and political levels, she was rendered invisible. It was during the colonial phase of India’s historical trajectory that the gender question attained centre stage and serious efforts were undertaken to alleviate the situation of Indian women. This greater generalization of patriarchal controls and the pativrata ideals (Doniger & Smith, 1991, The laws of Manu, p. 198) throughout the caste hierarchy was a major factor in the increasing number of widows seen in the colonial period, and a gradually declining sex ratio, leaving India as one of the most patriarchal societies in the world when counting the number of ‘missing women’—an estimated 35-40 million women would have been alive were it not for the systematic discrimination (Dreze & Sen, 1995, India: Economic development and social opportunity, OUP Delhi). Nonetheless, the various debates on gender reforms either painted women as victims or heroines thereby denying them any agency.

Brahmin Felon and the Wise Thief

I begin by analysing Mimamsa hermeneutics as employed in Visvarupa’s and Vijñanesvara’s commentaries on Yajñavalkya Dharmasastra 2.21, which proclaims principles for dealing with conflicts of smrti-rules, taking as an illustration the problem of self-defence against a Brahmin attacker (quoting Manava Dharmasastra 8.348–51). I then examine Bharuci’s and Medhatithi’s arguments on Manava Dharmasastra 8.314–18 (the example of the ‘wise thief’ who seeks the king’s punishment as a penance). The commentators situate the legality of the king’s interests and judicial authority in relation to Veda-based, otherworldly considerations such as sin and expiation. Punishments and penances serve different purposes, are prescribed by different authorities, and occupy distinct sections in textual sources. The case of the Brahmin felon strains the distinction: it asserts that even a Brahmin (otherwise exempt from capital punishment) may be killed if engaged in the worst crimes, but this conflicts with the rules requiring expiation for killing a Brahmin. The ‘wise thief’ is the contrived exception that proves the rule that punishment and penance are distinct; the efficacy of the act hinges on the wrong-doer’s initiative, so that the king-executioner is more instrument than agent of purification, and at his own spiritual peril. The commentators discuss these cases in terms of the relation between Dharmasastra and Arthasastra, subordinating the latter to the former.

РОЛЬ ДХАРМИЧЕСКИХ ВОЗЗРЕНИЙ В СТАНОВЛЕНИИ ЮЖНОАЗИАТСКОЙ МОДЕЛИ ПРИРОДОПОЛЬЗОВАНИЯ

South Asia is the place where Dharmic religious and philosophical views (Hinduism, Buddhism and Jainism) originated and flourished. In ethnic ecology they are classified as ecophilic (friendly to the natural environment). The understanding of nature as a ‘living being’, in contrast to the Abrahamic religions, even at the early historical stages determined the originality of nature management systems in India and their relative social and environmental sustainability. Since the Painted Grey Ware culture, when the role of cattle breeding decreased, agriculture got a predominantly crop orientation. Under agrarian overpopulation, in order to avoid crises, it was necessary to somehow limit the consumption of natural resources, especially land. The social and cultural institutions that originated in the depths of dharmic views were the best way to reduce the load on natural life supporting systems. The class hierarchy of varnas, the laws of Manu with the rule ‘the hand of the artisan is always pure’, the development of a hierarchical caste structure, a rural community with a system of mutual exchange, and other institutions can be interpreted as a response to the socio-ecological crisis in a densely populated society under a relative shortage of natural resources in the main agricultural areas of South Asia. The article focuses on the formation and influence of traditional Hindu-Buddhist views on the economic and cultural patterns of South Asia, considers the ecological functions of culture, including the sacralization of natural objects. Many of the considered cultural phenomena are confirmed from the positions of present-day ecology.

The Laws of Manu and Nietzsche's Attainable Perfection

Nietzsche's views on the Laws of Manu are widely considered some of his most controversial. Even among those who express a supportive view of Nietzschean philosophy tend to shy away or outright ignore his apparent praise for the laws responsible for the caste system in India. It is strange enough that Nietzsche would ever comment on the caste system and weirder still is that these comments on the Laws of Manu seem to be one of the only overt examples of Nietzsche’s political philosophy. It might be akin to contemporary readers of Hegel’s Phenomenology of Spirit suddenly getting goosebumps and chills of terror as they discover the conclusive section of ‘Observing Reason’ where Hegel devotes time and effort to discussing the defunct science of phrenology.

Which Fidelity, Whose Adultery? Minding Manu's Verse

S. N. Balagangadhara, Sarika Rao, Jakob De Roover, and Marianne Keppens One of the best-known aspects of Indian society is its "rigid caste system" and the "evil practices of untouchability." It is a truism today to say that Indian society is divided into four castes, which are not allowed to mix. Many Indian texts are brought forward as evidence of this understanding of Indian society. The ancient Indian text Mānavadharmaśāstra or "Laws of Manu" takes a central place in such accounts. This is especially the case for its verses on varṇasankara, translated as "mixing of social classes" or "intermixture of castes." Given the important role these verses play in the understanding of Indian culture, society, and policymaking, it is crucial to translate them accurately. Using one verse in one text, this article focuses on the standard translation and deals both critically and constructively with the received view.

B. R. Ambedkar: The Messiah and Emancipator of Indian Women

Dr Bhimrao Ramji Ambedkar was not only the father of the Indian Constitution or a vociferous critique of caste and untouchability but he was also a staunch supporter of women’s rights, their upliftment and emancipation. He strongly criticized the ancient lawgiver Manu and the Manusmrirti or Manav Dharma Shastra for showing contempt towards women and degrading them as slaves who are devoid of intellect. Manu denied women the right to chant Vedas, the right to education and the right to property. Ambedkar requested Indian women not to abide by the Manusmriti and to openly defy the laws of Manu. In order to ensure gender equality and the emancipation and progress of Indian women, he incorporated several articles in the Indian Constitution. As the first law minister of independent India, he introduced the Hindu Code Bill to safeguard the rights of Hindu women. It was due to his tireless efforts that the Constitution of independent India today incorporates several legislations to ensure the protection of women.

Perceptions of Alcoholic Drinks in Ancient India: Theory and Practice

Ancient Indian treatises on religious piety—dharmasūtra and dharmaśāstra—shame alcoholic drinks and drinking. Although there were many weak alcoholic beverages like beer, there is still a quarrel of distillation. Robert Marshall, Frank Raymond Allchin and Marianne Oort believe there was a distillation in the Vedic and later times, i.e. in the first millennium BCE. James McHugh and Irfan Habib connect distillation with the early second millennium CE. My paper treats perceptions of alcoholic drinks and drinking in Ancient India during early centuries CE, as evidenced by the Sanskrit classical treatises. The Laws of Manu, or Manusmṛti, blames drinking (pāna, mada, madyapa) and drinks (surā, madya) but admits their daily presence and naturalness for humankind. The Manusmṛti and Arthaśāstra give an evidence against distillation in the first centuries CE. The Arthaśāstra recommends and regulates liquor trade and the quality of various liquors, including surā made from grain, and grape wine, or madhu. The recipes described in the Arthaśāstra imply the wide use of spices, molasses, fruits and flowers of various plants in making various alcoholic drinks, including maireya and āsava. In the Kāmasūtra, surā, maireya, āsava, and grape wine are attributes of conversation with courtesans and of a household. According to the Kāmasūtra, a good woman has to make surā and āsava. The medical treatise of Ancient India Suśrutasaṃhitā recommends a moderate consumption of intoxicating drinks. Aśvaghoṣa’s Buddhacaritam—Acts of the Buddha—and Kālidāsa’s play Shakuntala are evidence of everyday drinking in Ancient India of the early first millennium CE.

POSITION OF WOMEN WITH SPECIA REFERENCE TO MANUSMRITI

For centuries, women have played the secondary role to man. She was never held in esteem; only a mention about her pathetic status was mentioned here and there. But the advent of science and technology, growth of democratic ideas and impact of modern industrialization and general awareness and conscience among the masses has paved way for the emancipation of women. As per Encyclopedia of Women “women is as much human being as man; as she is equally entitled to develop her abilities, all her abilities, to choose the sort of life she wishes to lead and carry on all the activities and assume all the responsibilities that go to make up human dignity”. The Manusmriti (MS) of Manu is also called Manusamhita or Manavadharmasastra. It is a standard and the most authoritative work on Hindu law and present the normal form of Hindu society and civilization. It is a store house of information on the cultural, social, religious, ethical, educational, political, judicial and geographical life of the period and this is perfectly natural. Manusmriti has been upheld as the ultimate guide to lead a moral life, the digressing of which is to be treated with serious negative sanctions.

Understanding phenomena of criminality: from dogmatic views to scientific theories

Criminality accompanies humanity for millennia. Despite the fact that this phenomenon has received much attention from researchers of different times and countries, its joint understanding is still missing. Taking into account the previous experience of cognition of this phenomenon, of course, should be the key to effective preventive action in current conditions. The purpose of the paper is to explore the main approaches in understanding criminality from prehistoric times to the present. It is claimed that historically the first awareness of mankind of socially dangerous behavior occurred during the reign of the primary tribal communities. People’s knowledge of the world around them was minimal at that time, and explanation of incomprehensible and undesirable was based only on the authority of tribal leaders and respect for social traditions. Given the actual lack of scientific and methodological basis as such, this format of views on violations of social norms can be described as a dogmatic approach. Religions have in their arsenal views on unacceptable behavior based on the authority of the Creator. At the same time, in the theological approach there is a variety of interpretations of the causes and essence of forbidden behavior – from purely fatalistic views to the recognition of human free will in the commission of encroachments. Examples in this regard are the Laws of Manu, the Old Testament. Genesis”, Books by J. Sprenger and G. Institoris “The Hammer of Witches”, “The Sum of Theology” by Thomas Aquinas,“Confession” by Augustine Aurelius and others. The scientific approach is characterized by the use of scientific methods of cognition in substantiating theories of criminality. The variety of views here includes theories of social causes, anthropological theories, theories of multiplicity of factors, and others. According to the anthropological direction, the essence of criminality was associated with the manifestation of biological (anthropological) properties of a human (genetic features, endocrine system, mental state, etc.). Sociological direction asserts the influence of social factors as factors in the formation of criminality (internal contradictions, class conflict, social exclusion, stigmatization, etc.). In this regard, there are theories that, along with the circumstances of social content as factors of crime outline also biological (anthropological). It is concluded that in the future understanding of the phenomenon of crime should take place on the basis of a scientific approach

СТАНОВЛЕННЯ І РОЗВИТОК ПРАВ ЛЮДИНИ У СТАРОДАВНІЙ ГРЕЦІЇ

The article analyzes the emergence and development of human rights in ancient Greece as a socio-historical phenomenon. The author finds that the term «human rights» originated relatively recently and finally became established after the adoption of the Universal Declaration of Human Rights by the UN General Assembly on December 10, 1948, but the ideas of equality and justice were traced in such ancient collections as Hammurabi's Laws, Moses' Laws, Old Testament, Laws of Manu, etc. It is established that the protection of individual rights in ancient times became widespread in ancient Greece, where human rights became a natural consequence of the polis form of democracy and were associated mainly with the concept of citizenship, which provided the equality of all members of the policy in the exercise of rights and freedoms, especially political. Consequently, the existence of human rights, recognized by most ancient Greek thinkers, in particular the principles of equality, justice, freedom and protection of individual rights are traced in the works of Homer, Hesiod, Pythagoreans, Democritus, Sophists (especially Protagoras, Antiphon, Lycophron, Alcidamas of Elaea), Socrates, Plato, Aristotle and Epicurus. Certain human rights provisions were included in the Draconian laws, which restricted the over-interpretation of the law by the archons, as well as Solon's reforms, regarding to, inter alia, the cancellation of the debts of the poor and the granting them of certain rights, including political ones. For ancient Greece, the notion of natural law, founded by Hesiod as a law by nature (feses), is fundamental. The Pythagoreans formulated the concepts of «appropriate measure» and «proportionality» as justice in human relations, which played an important role in shaping the ideas of legal equality of people. Democritus first raised the problem of individual human freedom, arguing that wise and good people, because they are able to comprehend the laws of nature and the highest justice, must live freely. The Sophists established the postulate of the fundamentality of natural law, contrasting it with positive law. Protagoras formulated the maxim: «Man is the measure of all things», which is in fact decisive in the modern concept of human rights and freedoms, where man is proclaimed the highest value. Protagoras and Antiphon substantiated the idea of equality of all people by nature. Alcidamas of Elaea, and later the Stoics developed the idea of equality of all people, including slaves. Lycophron declared personal rights an inalienable natural right. Socrates recognized political freedom, in accordance with the requirements of reason and justice, a beautiful and majestic property for both man and the state. Plato, like Socrates, identified legality (law) and justice. He proclaimed the principle of equality of all before the state, regardless of origin and gender. Aristotle distinguished between distributive and equalizing justice, which is the basis of modern legal understanding. He argued that natural law personifies political justice, which is possible only between free and equal people. Epicurus believed that justice, which comes from nature, is also a socially contractual phenomenon. He substantiated the ethical autonomy of man.

Clearing of the Ground - Ambedkar's Method of Reading

This essay attempts to study and explicate the method of reading as operative in Ambedkar’s writings. The essay is organized around five thematic sections, each aimed at discussing a methodological concern guiding Ambedkar’s investigations. His engagements with the religious texts of Hinduism in general and the Manusmriti (The Laws of Manu or The Law Code of Manu) in particular have been used here to explicate the substance and implications of what has been described by Aishwary Kumar as Ambedkar’s ‘politics of reading’, a highly suggestive phrase that points towards the political as well as epistemic stakes of Ambedkar’s acts of reading.

Sperm in the Laws of Manu: Sexuality and Religion in Ancient India

Sperm in the Laws of Manu: Sexuality and Religion in Ancient India

Manu Smriti as the Protection of Female in Hindu Philosophy: In the Dimension of Structural-Functionalism

Manu Smriti as the Protection of Female in Hindu Philosophy: In the Dimension of Structural-Functionalism

БГАҐАВАДҐІТА, ГЛАВИ 8–9 / ПЕРЕКЛАД ІЗ САНСКРИТУ, ВСТУПНА СТАТТЯ ТА КОМЕНТАРІ Д. В. БУРБИ

This publication presents the Ukrainian translation of the eighth and ninth chapters of Bhagavadgita, composed perhaps in the 1st or 2nd century CE that is the most famous Hindu Scripture. The eighth chapter is titled Yoga of the Imperishable Brahman. The chapter begins with an explanation of a few terms used in the last two verses of the previous chapter. The following verses are devoted to the theme of the liberation of а soul from the bondage of matter. A reader’s attention is drawn to death as the culmination of everyone’s life, because “whatsoever state of being one thinks of while leaving the body at the end, to that alone one attains.” Therefore, one must focus on the Supreme. The four verses briefly describe the yogic technique of meditation and restraining prana or vital air. The chapter explains that all material worlds, even the world of god Brahma belong to the realm of reincarnation, but one who has reached Krishna’s Supreme Abode will never again be subjected to rebirth in the material world which is transient and the abode of sorrow. The ninth chapter is titled The Yoga of Regal Science and Royal Secret. This chapter is dedicated to the glories of Krishna. People should worship Him, because He is the receptacle of the Universe, its father and mother, the way, the master, the witness, the refuge, the friend, the source and end of the world, death and immortality, being and non-being. The concepts and realities considered in these chapters are explained by the translator in notes, with quotations from the Mahabharata, as well as by citing the Rigveda, Vedanta Sutras, Yoga Sutras, Laws of Manu, Samkhya Karika, Upanishads and other classical texts of Hinduism.

Book Review: Food, Feasts, and Faith: An Encyclopedia of Food Culture in World Religions

The alliterative Food, Feasts, and Faith: An Encyclopedia of Food Culture in World Religions brings together information about the uses of food and drink within the faith practices of well-known religions with global adherents such as Buddhism, Christianity, Hinduism, Islam, and Judaism as well as lesser-known faith communities and sects such as Candomblé, Rastafari, Santeria, and the indigenous peoples of Africa, Australia, and America. Articles, which follow a standard A to Z arrangement, cover customs (fish on Friday), food stuffs (rice), drink (wine), people (Guru Nanak), festivals (Qingming), practices (fasting), rituals (marriage ceremonies), religious groups (Seventh-Day Adventists), and sacred texts (Laws of Manu) to name but a few of the 226 entries and 220 or so related topics. Each article includes see also references and lists sources for further reading. Twenty-seven primary source documents such as “The Taittiriya Upanishad on Food” (2:577) supplement the main work. Each is briefly introduced for context, given see also references to related articles, and provided with a citation to the source from which the excerpted text is taken.

Pariwisata Ubud dalam Teologi Hindu (Manawa Dharma Sastra)

<p><em>Ubud is one of the destinations of a worldwide tourist destination, Ubud which originally was an agrarian traditional village turned into a tourism village, even the village of Ubud has been transformed into a world tourism destination is evidenced by the many awards obtained in the field of tourism. Ubud tourism practitioners have been able to meet the standard of facilities that become the standard needs of tourists themselves, both nationally and internationally, such as the availability of accommodation, restaurant, telecommunications, transportation, entertainment, museums, art gallery and other supporting objects close to Ubud such as Bedahulu, Pejeng, Tampaksiring etc. Ubud tourism is not the same as other tourist destinations in Bali such as Nusa Dua, Sanur, Kuta and others, because Ubud people have different characteristics and lifestyles, the management of Ubud tourism through the concept of Tri Hita Karana combined with Hindu Theology so that existence Ubud tourism can be maintained. In Veda (Manava Dharma Sastra) states that how to serve Tourists such as serving the God (Atithi Deva Bhavo) so that guests will feel at home to visit and settle in Ubud.</em></p>

Henry David Thoreau, Yogi

Thoreau was likely the first American to entertain seriously the possibility of identifying himself as a yogi. “Depend upon it that rude and careless as I am, I would fain practice the yoga faithfully,” he wrote to his friend Harrison Blake in 1849: “To some extent, and at rare intervals, even I am a yogin.” But what did he mean in saying so? Thoreau’s understanding of the term yoga derived entirely from ancient Indian texts. In the 1840s, he read avidly and empathetically in key Indic works such as the Laws of Manu and the Bhagavad Gita. Drawing on Ralph Waldo Emerson’s notion of “one mind” as a hermeneutical principle, Thoreau sought to overcome temporal and spatial distance in his reading and to integrate ideas and practices of these Hindu texts from ancient India selectively within his own life. Listening to the voices of Indic sages reinforced Thoreau’s own inclinations toward austerity and equanimity. They gave him a foundation for his life experiments in voluntary simplification and yogic contemplation at Walden Pond. This essay, which is a contribution to the Common Knowledge symposium on xenophilia, traces Thoreau’s engagement with ancient Indian works during the 1840s and contrasts his way of reading with those of other scholars during the period. The hermeneutic of “one mind” was the foundation of his xenophilic reading.