Bhagavadgita Analysis

As a result law, rooted in dharma and based on caste was neither egalitarian nor recognised equality of all before law. Caste was the undercurrent in deciding duties, rights or judicial punishments. The higher orders were shielded and were the beneficiaries of extreme privileges while the burden of obligations largely fell on lower orders. Noted scholar, Romila Thapar who has compared the Buddhist and Hindu traditions commented that as Buddhism was a reaction against caste, they recognised that in practical working of the society, there could be social distinctions but these ought not to be taken to a point to reject the concept of equality of all human beings. Buddha considered all castes as equally pure and hence, was in favour of equality …show more content…
The selective highlighting of a text could be a way of legitimizing the past. Seen in this perspective, a few chosen maxims of a text can be made to convey any intended meaning or may be twisted to prove or disapprove a premise at the expense of objective history. The Arthashastra, which is a text advocating the maximization of remarks and the authority of monarchy can thus be seen as a treatise on socialism for a welfare state (H.C. Ray, wrote on it), the Bhagavadgita as a text of desire less action and the Manusmrti, an epitome of Brahmanical patriarch as a text upholding the dignity of women. The present day dilemma of historian is to work with the discrepancies and inconsistencies in the texts. Probably, it was these dichotomous constructions or a different interpretation of Manus maxims, for example that led V. Raghavan to comment favorably on Manusmriti. Skepticism to such level are justified and welcome in the sense that they are thought provoking as well as lift history from the age-old quagmire of continued interpretation on the same …show more content…
In Kalidasa, we come across references pertaining to the administration of civil law, description regarding courts (even prison architecture), role of king with respect to justice, officials associated with the administration of law, on crime, punishment and death penalty. In Dasakurnaracarita, there are laws relating to judges mentality. The Mrcchakatika brings forth that legal procedure was known by the term Vyavahara (as also in the smrtis) and points of law are called Vyavaharapada. How it was possible to lodge a complaint and file a suit in the court, cross examining of witness or the evidence legally entered and judged and other points of trial all came up in this play. It even mentions the types of legal crimes such as non-¬payment of gambling debt, murder of a woman or other political offences. For political offences, punishment related could be anything from lashing to imprisonment. The play also talks of ordeals and suggests that punishments were probably out of proportion from modern humanistic point of view. The Mudrarakshasa by Visakhadatta describes a society where king could announce corporal punishment on his ministers, although theirs might have been sparingly