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OBJECTIVES
The Law and Society Trust Fortnightly community informed about the activities o legal personalities associated with the Trus awareness on all issues concerning the le. recognition of law as society's instrument
This issue of the Law and Society Trust symposium on "Hindu Law and its Interac symposium was the concluding one in a Society. Proceedings of symposia on Budd published in the LST Review.
HINDU LAW and its
INTERACTION With SOCIETY
34.93.
 
 

Review keeps the wider Law and Society the Trust, and about important events and ... Our publication is aimed at raising public gal rights of citizens, and at gaining wider for peaceful change.
Review contains the papers presented at a tion with Society" held in September. This series on Religion and its Interaction with hism, Christianity and Islam were previously

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HINDU LAW AND IT SOCIETY II
The Law & Society Trust has o several symposia on religion a
The first symposium in t Ecclesiastical Law in 1991, t and Society in 1992 and in 19 Law. The concluding symposi and its Interaction with Socia
1994.
This issue of the Law & So papers presented at this sympt
The sутposiит was iпаиgиrat who also inaugurated the fir Court of Appeal President Just background documentation a connection with the symposiun
The objective of these symposic of legal study and to examine tradition on the one hand, and on the other. The often vic generates and the links betw human rights and constitutio concerns of this series of symp
The Trust plans to compile thi entire series into a single publi sometime during the latter par
LAW & SOCIETY TRUST REVIEW - 1 Oc

S INTERACTION WITH V SRI LANKA
ver the past few years, organised ind its interaction with society.
his series was on Buddhist he second on Christianity, Law 93 a third symposium on Islamic um in this Series, on "Hindu Law aty" was held on 24 September
ciety Trust Review contains the 2siит.
ed by Dr. Nissanka Wijeyaratne it symposium in 1991. Former ice K. Palakidnar, produced the nd provided other support in
.
i was to address a neglected area the clash between religion and 'development and modernisation platile response that this clash een religion and the values of nalism, were also some of the Posia.
e papers and proceedings of the cation, which it hopes to release t of 1995.
TOBER 1994

Page 4
Dr. Nissanka Wijeyaratne’s speech
Ladies and Gentlemen, I am deeply honoured inaugurate this seminar. I remember that a fe legal problems, I mentioned to Dr. Tiruchelv social structures of the majority community. to be desired. This has had a very deleterious of many of the trustees and gave them resou and balanced society. A similar lacuna exist regretted that the contemplated legislation to meantime case law was helpful to determine 1 In 1948 (or 1949) Mr. M. Vairamuthu spé problem, preparing data with which he hoped the regulation of the affairs of Hindu religi finalised.
In India the Hindus were more fortunate and M role in bringing about the Much Trust. It properly administered and above all Tirupathy a university with its resources properly conduc for the benefit of the Hindu people.
I remember years ago at an accidental meetin mentioned how he was able, as Chief Minis Temporalities of Tirupathy and that has stoo subsequently, the magnetic attraction of that s to Tirupathy has brought upon him the prote today has become wider than the Temporalit aspects of Hindu law and its Interaction with s will talk to you on Hindu Jurisprudence and Sc Jurisprudence and Tirukkural, and have no do
When one talks of Hindu Jurisprudence, I thir words here is rather imprecise. You can t definitive appellation; it relates to a parti boundaries. However, Hindu law does not re world. It is only in those particular sectors incorporated in the legal systems of each coun a large body of Mohamedan law. In Sri culture, the law as far as the Sinhalese Buc amount of inspiration directly from the Hindu influenced by the Hindu background agai commentators lived. Unfortunately, Hindu pronounced by great religious leaders and thin
2 LAW & SOC

it the inauguration of the symposium
by the request by Dr. Neelan Tiruchelvam to w years ago in discussing some of Sri Lanka's am that there was a big lacuna in the religioThe Temporalities of the Buddhists left much impact on society, for it diverted the energies ces that were not conducive towards a stable s in the case of Hindu Temporalities and it is emedy it has not seen the light of day. In the nany of the needs of the Hindu Temporalities. nt days in the Home Ministry studying the to bring about through government legislation ous institutions, but so far this has not been
sr. C. P. Ramaswamy Iyer played an important
is due to this measure that Rameswaram is has been able not only to develop so as to run :ted but has also recently established a hospital
g with the present Prime Minister of India he ter of Andra Pradesh, to take interest in the d him in good stead for it appears that even hrine, that draws Mr. Narasimha Rao monthly ction of Vigneswaran. However, the subject ies themselves and goes to very fundamental ociety. I notice that Dr. Naresha Duraiswamy ciety and Justice C. V. Vigneswaran on Hindu pubt they will go into this more fully.
lk all of us should bear in mind that the use of alk of Muslim Jurisprudence, that is a very cular faith irrespective of its geographical late to the Hindus dispersed right through the where Hindu custom has been recognised and try that it prevails. In India itself, there exists lanka largely due to the influence of Hindu ldhists were concerned, drew a considerable Shastras and indirectly from Buddhist thinking st which the Buddha and the subsequent law inspired by very high ethical concepts kers, dealt with a range of activity not merely
ETY TRUST REVIEW - 1 OCTOBER 1994

Page 5
in regard to conduct but also with regard to p was a natural confrontation between high prin Society to impose condign punishment as a de
Perhaps the types of punishment laid down inc secular works like Kautaliya's Arthashastra, j rejected by the British in framing their crimin the punishments that were contemplated in the rejected not only by Britain and the Commonw and in fact moderated in some of the progress Duraiswamy will speak requires, I feel, stude examine the wider spectrum in which high prin millennia and requires analysis and adaption
societies. In respect of this I would mention who claim to be Hindus. It is part of a cult ancient Saptha Sindu or the Gangetic Valley ( wherever Hindu traders went, particularly Bar and Sumatra. In Sumatra a vast empire was b with and regulated the vast trade of the Indoone cannot think of the world without its mos from India to China and beyond to Japan. development of Buddhism in China owes muc influenced in the establishment and devel distinguished monk known in China as Bhodi India. In fact it is that monk who also ultim influenced Shotokusan, who subsequently bec of good government which have been modifie Meiji restoration of 1870, particularly the edi
The influence was so indelible that a few year, Madras, he was surprised when I pointed out stone carving of Bhodidharma, a Tamil mon pervasive it shows that good government wa remembered for having told the rulers how th upon them. There is, underlying all societies contract. In the countries influenced by Hind long before the principle was asserted by the There was a belief that the ruler could be expressed by Justice Vigneswaran, when h compendium of moral and social maxims for In fact, unlike the concept of the divine right sovereign was infallible. Englishmen could r
"Here lies our sovereign lord the king. Who never said a foolish thing or nev
LAW & SOCIETY TRUST" REVIEW - I OC"

unishment. With regard to punishment there ciples of charity and kindness and the need for terrent.
it so much in the religious works, but even in udged from a modern perspective were rightly al law in India. Among the Muslims many of : society in which the Prophet lived have been jealth, but also by a large number of countries ive Muslim States. The subject on which Dr. nts not only in Sri Lanka but even in India to ciples enunciated by great Hindu thinkers over for incorporation in the life of contemporary that Hinduism is not merely a faith for those ural efflorescence not merely confined to the or even to the whole of Bharath, but extended gladesh and Malaysia but more so, Indonesia uilt with a legal system of its own which dealt China routes. I mention China here because t vital and highly populated area, that extends In fact, talking of China and Japan, the ch to the Tang dynasty, whose emperors were opment of the Buddhist institutions by a dharma, a monk from Kanchipuram in South ately went to Japan established Buddhism and ame the ruler of Japan, with the 16 principles d and added to by the edicts in Japan after the cts of the early part of the 20th century.
Sago when I went to Japan with a friend from at the entrance to the Expo at Chokobo, the k from Kanchipuram. The influence was so s important for the citizen, and the monk is ey should manage the trust that was conferred , Indian and Chinese, the concept of a social luism the ruler was responsible for the people Parliamentary system brought in by the West. called to account and I think this is clearly e refers to the Thirukkural, as the unique the improvement of individuals and society. of kings, no Hindu people ever felt that the efer to their kings and say:
, whose words no man relied on. er did a wise one".
TOBER I994 3

Page 6
This was unthinkable in societies influenced by the Rishis gave their devotees. No one was ab This is the argument that has been used with ( of which I belong. It is now apparent in the p applying to the Conservative government in Ei
However in Europe there has been another gc Scandinavian countries and among Germanic p indigenous customs. Law has been shaped by t fashioned by the Jewish thinkers and rabbis knowledge to human society and gave it an in But in actual fact it is not from Above but fron the Hindu Rishis promulgated their high princi that was conducive to their own happiness and
I referred to China and Japan; I think we shot terms of one world, and of regional alliances that are highly effective and efficient - for insta EC, the Organisation of African States - and I
in an Asian unity movement, all valuable r Zoroastrian, Confucian, Christian or Muslim elements that could be drawn into weaving a Society.
I do hope that these documents will be printed Bhagwati will be interested, as well as Justice and Japan, and now that China is opening up, a joint study could be made without the unco with which the people have been burdened. W bring about rules that will shape custom, and those maxims that will be incorporated in actu only too happy. The whole question of succes judgements. I remember among the Hindus th Kandiah Vythiyanathan was lamenting on som in Thirukatheswaram. Many years ago Sir Kandyan Marriage Ordinance as a very civili:
There are of course certain customs which ha to the British influence - for instance Sati ir Rajaputana. But there are certain valuable
divorce, which are matters that should be exa strength of the eternal values that are inherent I think it is imperative that in law reform we
mind society itself and be a constant review ol on the new process of mediation conciliation t
4. LAW & SOC

Hindu thought and by the moral guidance that ove the law, custom, decency and morality. evastating effect on political parties, to one ropaganda the Labour Party is devastatingly gland.
od and fortunate pattern, particularly in the eople, that has been incorporated apart from he impact of the Bible which in turn has been who in the Old Testament applied human primatur that law was derived from Above. n the divinity within every human being, that ples and exhorted society to live in a pattern the happiness of those over whom they ruled.
uld all come to realise that while we think in like SAARC, there are intermediate divisions ince, the Organisation of American States, the think the time has come for Asian unity. And maxims, whether they be Hindu, Buddhist,
should all be able to contribute to the finer golden fabric that could adorn the dress of
and sent to scholars in India. I believe Justice Krishna Iyer and perhaps judges in Indonesia also to those of consequence in China, so that mfortable concepts of Jurisprudence and Law 'e will be able to formulate principles that will through customs will help people to establish al law. The Buddhists in Sri Lanka would be ision has been completely mutilated by British le problem arose nearly 30 years ago when Sir e of the powers that were available to trustees
Ponnambalam Arunachalam referred to the zed system.
ave been abandoned for the better largely due India and Yohar that was once practiced in things in regard to succession, property and mined very carefully with a confidence in the in our own traditions and in our own thought. focus on the fact that law reform must bear in n its impact - for instance on mediation courts, hat replaces the rural courts. Everything must
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Page 7
be under constant study. In as much as peop during the election (that was during the last government in its day to day activities be st infallible and no law is immutable; what rema it is in the happiness of the individual that the & Society Trust on having arranged this fin: Hindu system of law which provides the larg
HNDU LAW AND ITS INTE (Backgrou
b
as
Justice K.
Manavantara means the duration or period betw Manu represents the archetypal man. It is a reckoning. Western scientists have found that based on certain accurate astronomical calcula all four yugas put together. Seventy one commencement of each Manavantara a Man regulation to be followed during that Manavan followed is known as Vaiswatha Manu and is were the Laws of Manu or the Hindu code of jurisprudential thought and which regulated sc
The scope of our symposium like its forerun limits itself to the interaction between the Hil is in existence the Thesavalamai Code which r and privileges which subsist in the Northern the velallar, and the lower castes the covia regulations is the social customs and ancient
One may note that the division of caste does h custom as varnas. It may be explained as the the different groups. But a closer inspection a more rational and mutually exclusive chara business class and the leisured ruling class did privileges contrasted with the larger groups menial vocations. But artisans like goldsr importance on an equal if not on a superior ba
LAW & SOCIETY TRUST REVIEW - 1 OC

e said that the government's record is studied election), so must the record of the present died carefully. As I said, no government is ns is society which consists of individuals and trength of society lies. I congratulate the Law l discussion, culminating as it does with the est compendium of law in Asia.
RACTION WITH SOCIETY nd Paper)
у
Palakidnar
veen the emergence of two consecutive Manus. certain period of time according to Hindu this reckoning by the ancient Hindus has been tions. Mahayuga is the name of the period of Mahayugas make a Manavantara. At the u appears and codifies all ethical and social tara. The Manu whose code is currently being the seventh in the time in this cycle. These life regarded as the underlying basis of Hindu ocial activity among Hindus.
lers on Christian, Buddhist and Islamic Codes hdu legal and social life in Sri Lanka. There 2gulates all questions that relate to those rights province between the high castes, particularly r, nallawar and pallar. The basis of these Isages of the province.
ave a basis and recognition in Hindu law and : distinction in colour among the members of would reveal that an occupational division has cter in these groups. The priests, wealthier claim some superior powers of regulation and of tillers of the soil and other comparatively liths and carpenters did assert their social sis to the velallar or the farmers and the land
TOBER 1994 5

Page 8
owners. These assertions of equality or supe prevails in Sri Lanka. One may bring into fo Act (No. 20 of 1957) which asserted the lega Lankan society. The argument that the Act w find acceptance with our courts. In Suntharalin the temple priest could regulate, according to temple entry was upheld.
In a Hindu Temple the sanctum sanctorum or priest and his assistants of the priestly class. as far as the kodisthamba or the flag post art problem arose in the Maviddapuram temple castes, the nallavar and pallas, were denied er members of the congregation were allowed asserting a new right or whether a disability agitated in court. The act of the agent of the to the flag post area was held to be casting as therefore violative of the Prevention of Soci convicted.
A further matter of Hindu customs and usages of animal sacrifices in temples. It has been a l Hindus to take a vow to sacrifice a goat if a seems to be that the life of a goat will be give spared. This practice was confined to the wors was a non-Brahmin. Such animal sacrifices attracted worshippers who bought the meat f slaughtered in the precincts of the temple. Ir Hindus sought an injunction in court to prev used to having a festival of animal sacrifice.
The court issued the injunction as hoped for brought a very happy response among the H similar application for stay of the sacrificial fe the ground that the material placed before cc sacrificing animals was an anti-religious practi to Animals could have strengthened the hand
of animal sacrifice which undoubtedly offend
With regard to the management of temples th has been the subject of protracted litigation an matter that arose for resolution of dispute w; concerned. Most temples were of a public worship in the temple as part of the congregal chapel in a gentleman's park" could not be gi
6 LAW & SOC

iority did not have any basis in the law as it sus here the Prevention of Social Disabilities | position of equality of social classes in Sri is ultra vires the Ceylon Constitution did not gam v. Herat, 72 N.L.R. 54, the position that
ancient usages and custom, the question of
the aathimoolam was accessible only to the The rule that other worshippers could go only a was regulated by custom and usage. The at Jaffna where members of some depressed try even to the area where other non-priestly to enter. The question whether they were was cast on an existing right was the matter priest C. Suntharalingam in preventing access ocial disability on a class of worshippers and al Disability Act. He was found guilty and
that came up for court review was the matter ong established custom among the meat eating sick person is cured of his illness. The basis in to the god if the life of the sick person was shippers of vairavar and the officiating poojari took on the nature of a goat meat fair and rom the taker of the vow after the goat was the District Court of Chavakachchari, Saiva 2nt the slaughter of animals in a temple long
and the festival of sacrifice was stayed. It indu public and press alike. Subsequently a stival on a temple at Tellipalai was refused on burt was not convincing enough to show that ce. The common law of Prevention of Cruelty of court if it was disposed to stop the practice ed the sentiments of orthodox Hindus.
here have been frequent recourse to courts. It i lucrative practice to civil lawyers. The chief as the ownership or trusteeship of the temple character in the sense that the public could ion. Only temples which were like "a private ven a public character. But most temples had
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Page 9
their origin in public effort by way of monet maintenance of the temple.
Very often the question of management of
contested litigation. The early case of the Nak rise to questions of the management arising ol In this temple, history would show that Arum move to restore this ancient temple and contri the country and the temple was dedicated for dedication of this nature has the result of mak
But the management is provided for by arrangement by which the person or persons in public who are the congregation; a founder is endowment created by him. He can set out which he wished to serve the object of hisbol without providing for its management, the rig heirs: vide Gour Hindu code 215(3). In the l
(1) the management or trusteeship, (2) appointment and succession of (3) control of temple ceremonies (4) custody of treasures (5) appropriation of public subscri
Recourse to section 106(2) of the Trust Ordin trust even though there is a formal defect, if fact exists, is not a bar to the trust. (Vide se pertinent to have regard to the customs and usa a decision.
In Kumaraswamy Kurukal v. Karthigesu Kuru view that a temple has no legal personality. I of the trust. On his death, in the absence of a succeed to the title, but as trustees of the pro
Grenier J in Ramanathan v. Kurukal (15 N.L.) is capable of proof in the way in which custon Their existence cannot be overlooked whethe locally.
Much of customary usages came up for rev (Chilaw) case 79(1) N.L.R. 361. The Kapura females could not exercise the office of priest Batherakali was brought out in evidence as cu
LAW & SOCIETY TRUST REVIEW - 1 OC.

ry contribution and donation of lands for the
such temples became the subject of heavily uleswaran temple at Keerimalai in Jaffna gave t of dispute among trustees about their rights. uga Navalar, a religious revivalist, initiated a butions were given by devotees from all over worship to the public. In Hindu law an act of ing the temple the property of the deity.
he instrument of dedication or a separate control become trustees for the benefit of the entitled to provide for the management of any a scheme of management and the manner in unty. When the founder made an endowment hts of management rest in the founder and his Nakuleswaran temple the deed provided for:
succession officiating priests
»tions
lance which provides for the recognition of a in all the circumstances of the case a trust in ction 107 of Trusts Ordinance.) It would be ges of the particular temple in arriving at such
kal, 26 N.L.R. 33, Bertram CJ expressed the t is the founder who is in law the title holder formal devolution of the trusteeship, the heirs berty.
R. 216) said that there is customary law which ls and usages of other matters can be proved. r they were imported from India or evolved
iew by Pathirana J in the Badrakarli Kovil a system was examined and the principle that was affirmed. Animal sacrifices to goddess Istomary practice. It must be noted that this
"OBER 1994 7

Page 10
temple had the system of Kapurala and not
The proof of a marriage by customary rites couple have lived together for a long contin established 78 N.L.R. 547, per Sharvananda
A religious custom must be proved by exp custom are beyond question. Their evidence fact of the case. The presumption of a custo prove the observance of the requirement of 1
An attempt was made by prominent Hindus to of the Buddhist Temporalities Act to regulate ever well intentioned the movers of this piece with the whole-hearted approval of the ve officiating priests alike. As a result the pi statutory enactment. The void thus left did n of temple affairs among the Hindus.
The endeavours of interested parties to work the temporalities have always been halted democratically, or by evoking the provision Civil law, worked out acceptable schemes of affairs of religious places without much disr
HNDU JURISPRUD
Dr Naresh
I assert the point that Hindu/Brahmanic la While Hindu law is a high textual tradi Moreover, I affirm that Hindu law was not and place. Key provisions such as divor region, community and the ethos of the
theoretical framework exists, one that cai corporatism. I include reference to the so
The Brahmanic legal tradition demarcated social inter-connectedness contributed to a
8 LAW & S.

hmin priesthood.
religious rites has a social impact. Where a i period, then both habit and repute must be
t evidence by persons whose knowledge of f custom must be weighed against the proved ary marriage can be rebutted by the failure to
e Customary usage.
enact the Hindu Temporalities Act on the lines ind control the affairs of Hindu temples. How of legislation were, the objectives did not meet ted controlling interests of the temples and oposed Act did not see the light of day as a it seriously hamper the working and regulation
towards personal gain and misappropriation of by a vigilant public congregation who have of the Trust Ordinance in conjunction with the management for individual temples and run the
uptions.
ENCE AND SOCIETY
by
Duraiswamy
is based on popular convention and practice. on, it accommodates divergent folk custom. nvisaged as a fixed legal code valid for all time ; and inheritance were amended depending on mes. However, a coherent and over arching be recognised for its distinct features such as al vision of Hindu law.
specific social framework. The principle of rporatist, albeit segmented, societal framework.
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Page 11
This has endured over the centuries. The D Hindu legal texts written in Sanskrit. Niti, i.e in these works. The term Dharma is derived fr or sustains. The expression has a range of m prudence as well as the highest virtue conduc represents a comprehensive and consolidatin individual situations. The contextual specificit changing social situations. Dharma varies v theoretical perspective which transcends the
COInteXtS.
Hindu jurisprudence developed as the civilisa communities introduced newer practices. The le economic and social changes'. Medieval com pace with newer contexts. Legal codes were re Numerous interpolations, recasts and addition is a complex and dynamic code open to changir theoretical parameters reconcile evolving circu
The principles of Hindujurisprudence are not
attests that custom is the foremost basis of jurisp legal theory. Customs differ according to dist Traditional usage prevalent in the community
the texts. Manu asserts that a centralising mona precedence of provincial custom is thereby a inheritance frozen in time and divorced from fo reconciled abstract principle and conflicting pr;
Unwritten tradition continued to supersede text the Bombay presidency, the Punjab and Awadh law in the Madras presidency and in the central emphasised folk conventions. Local legal tra school of Mitakshara law re-interpreted the Dh prevalent in pre-historic South India. The Daya and traditions in Bengal. Other legal statutes Marumakattayam of Kerala were specific to ce
* "Indian Law", in Encyclopedia Britannica v.
* Manu’s Dharma Shastra is considered the pre in the Brahmanic tradition as the law giver par excellen
P.B. Gajendragadkar, "The Historical Back Cultural Heritage of India (Calcutta: Advaita Ashrama)
* "Indian Law", in Encyclopedia Britannica v.
LAW & SOCIETY TRUST REVIEW - 1 OCT

rma Shastras (100 CE) are the pre-eminent ustice, is based on Dharma, i.e. the moral law m the root word dhr, i.e. that which supports anings. It signifies both counsels of general ve to human welfare. The concept Dharma
view of life. It, however, also caters to of Dharma permits continuous adaptation to ith time. It remains nonetheless a broad mmediate despite a sensitivity to changing
ion incorporated peoples wholesale. These gal framework adapted to historical, political, nentators re-interpreted legal statutes to keep vised due to the influence of regional custom. are seen in the Manu Samhita'. Hindu law g needs and imperatives. However, coherent mstances and the basic principles of law.
confined to the texts in high Sanskrit. Manu rudence. Customary law delimits Brahmanic icts, towns, castes, guilds and corporations. is upheld over the letter of the law found in arch is obliged to protect local practices. The sserted. Hindu law is not an elitist textual lk convention. Brahmanic legal theoreticians actice in formulating a code of law.
ual statutes in colonial India. This was so in
, Custom shares equal place with the written
provinces'. Traditional Hindu jurisprudence
ditions were accommodated. The Dravida. arma Shastras to accord with customary law
bhaga code integrated text-centered principles
such as the Thesavalamai of Jaffna and the
tain districts or castes.
2 1947.
minent work of Hindu jurisprudence. He is known
ound and Theoretic Basis of Hindu Law", in The 7.2 p.426.
2 1947.
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Page 12
A common Hindu legal tradition exists noneth regions across the Indian subcontinent. The North Bihar, approximated that of Jaffna la adopt children on her own. Matrilineal mode contingent regions. The relocation of a man regions as the Binna marriage, was termed th An underlying unity of syntax existed benea A common deep structure generated similar
Due to the emphasis on folk convention, Hin that differ across region, caste and commu marriage conventions that include the Brahma Brahma marriage is the formal, community s. Lanka. The Gandharva marriage is centerec the consummation thereof. The legal texts r certain contexts. The Asura marriage represe in central India. Polyandry was practiced b Mukkuvers of Eastern Sri Lanka. The M Dharma Shastras permit polygamy on condi before consummating a second marriage'. different contexts.
The Sanskrit treatises reconcile such differenc within the Manu Dharma Shastra forbid di prohibition except in instances where caste careful assessment of the classical texts rev was the later interpreter of the law who Thesavalamai, for instance, allows for the apart and consider re-marriage. The Van towards divorce in Hindu jurisprudence is c
Hindu law was not irrevocable. Difference the face of new contexts and challenges. T jurisprudence to shifting conditions. The Br basis for legal decisions should not be limits
* H.W. Tambiah, "Pre-Aryan Customary Proceedings of the First International Conference Se
Ibid.
Ibid, p.359.
10 TLAW & SO

less. Similar statutes were present in different inciple ofadoption enunciated in Mithila, i.e. v. The woman had the independent right to of succession existed likewise in several non) the bride's household, known in the Kandyan : Ghar Jamai adoption in north and west India. h the real heterogeneity of the Hindu world. egal codes and a civilisational continuum.
du jurisprudence recognises marriage practices nity. The Dharma Shastras concede various , the Daiva, the Asura and the Gandharva. The inctioned and patriarchal union prevalent in Sri on the mere consent of man and woman and (cognise the lawfulness of Gandharva unions in nts bride capture practiced among certain tribes y the Nairs of Kerala, a custom shared by the (ahabharata has reference to polyandry. The tion that the husband reimburses his first wife The legal texts affirm discrepant practices in
’es within a common legal framework. Sections vorce. The colonial authorities enforced this custom explicitly permitted re-marriage. A als, however, legal allowance for divorce. It took a rigid stance against divorce. The division of assets when husband and wife live liyar took divorce for granted'. The attitude ontext bound and dependent on local custom.
in interpretation facilitated legal innovation in le legal commentators adapted the principles of haspati Narada Dharma Shastras affirm that the d to the classical texts. Jurisprudence needs to
aws", in International Association of Tamil Research, ninar of Tamil Studies (Kuala Lumpur: 1968) v. 1 p 358.
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Page 13
conform to reason for it to reflect Dharma. decisions of corporate and popular bodies cor
The Manu Dharma Shastra is conservative a This text is dated to the 1st century C.E. Th a more developed legal procedure. This text the 2nd century C.E". The later Parasara D. approach to law. Development, therefore, to ceased, however, with the colonial encounter on changing contexts and relied instead on med had become fossilised and conservative under
II
A division of labour into hereditary castes w texts envisioned the inter-connectedness anc segments. A corporatist social community w across social divisions was asserted through ri temple observances, marriage and funerals.
different castes. This social system facilitated the absence of a monetised economy. The San a service or occupational role'. These in ac family, tribe, race, caste etc. Castes were indu They were incipient professions and specialis supply a specific commodity'. It served as Industrial specialisation enhanced excellence a
The segmented, albeit inter-connected, socia arbitrariness. The village communities and urb, head of the village, the caste headmen, the col shared legal adjudication'. Such autonomous royal despotism. Sectarian groups, immigra
P.B. Gajendragadkar, "The Historical Back Cultural Heritage of India (Calcutta: Advaita Ashrama
The decisions of corporate bodies are known: bid.
Ibid p.427.
*** K.M. de Silva, A Short History of Sri Lank
Ibid p.147.
* Will Durant, Our Oriental Heritage (New Y
LAW & SOCIETY TRUST REVIEW - 1 OCT

The Apastamba Sutra asserts likewise that titute a valid source of law.
ld inflexible in matters of caste and gender. : liberal Yajnavalkya Dharma Shastra reveals is generally affixed to the Andhra dynasty of arma Shastra is even more enlightened in its ok place in time. The process of innovation
The courts no longer made decisions based eval commentators. Traditional jurisprudence European rule.
S enunciated in the Hindu world view. The inter-dependence of the different societal as affirmed. A sense of community cutting tual - be it the harvest, the kings coronation, A symbiotic relationship existed between the
a complex system of labour specialisation in skrit terms, jati, kula, gotra, varna etc. denote ldition have a multiplicity of meanings, i.e. strial guilds in classical and medieval society. ed trades. Each caste had the sole right to a trade union of sorts and a benefit society. nd workmanship.
ul system checked political absolutism and an trade guilds were autonomous locales. The rt of the guilds, and the king's officers each multi-centered political formations inhibited nt communities and specialised guilds were
ground and Theoretic Basis of Hindu Law", in The
v.2 p.426.
s samayas which are a source of Hindu jurisprudence.
(Delhi: Oxford University Press 1981) p.41.
ork: Simon and Schuster 1954) p.483.
OBER 1994 11

Page 14
incorporated within this inclusivist framework of law and culture.
Tambiah introduces in his works the conce political formations were blurred and impre provinces replicated the center in structure. H incorporated in distinct niches. There was represents a broader civilisational framewor kingdoms of South and South East Asia. I as Dharma Shastras envisaged'. This broad, continuity and resilience to a socio-cultural uncertainties.
The classical legal framework sanctions dif unequal obligations between the ecclesiastic artisan/service castes. It is explicitly hierar outcome of this social system. The texts ra The entire concept of caste pollution represen Jurisprudence, moreover, as in most pre-moc in the differential rights in marriage, divorc patriarchal textual perspective sidelined wome elitism, hierarchy and gender exclusivism of
A broad coherent theoretical perspective de nonetheless region and community specific. practices. It is both a textual inheritance an changing contexts while also demonstratin Brahmanic jurisprudence posits a corporatis autonomy enjoyed by local level units. It fac ritual status contributes however to elitism. with contemporary ethos and values. This w contemporary ethos and values. This would interpretation, evolving practice, popular de jurisprudence makes imperative such a trans much to offer contemporary humanity.
'' S.J. Tambiah, Buddhism Betrayed: Polit Chicago Press, 1992) pp. 173-175.
12 LAW & Soc

Each Such group was autonomous in matters
It of galactic polities. The borders of such cise. A series of satellite principalities and eterogenous groups were positively placed and a devolution of authority. This inclusivism Such polities flourished in the Indianised sert that it was this political formation that the inclusivist and adaptive legal system gave world view in times of political and military
ferential rights. It legitimises a network of ll classes, the landed agrarian castes and the chical. The concept of untouchability is one tionalise serfdom in terms of ritual pollution. Es a flawed dimension in Hindu social thought. ern societies, had a gender bias. This is seen e, re-marriage, inheritance and property. A an and often denied them a legal persona. The the legal texts is much evident.
V
marcates Hindu jurisprudence. Hindu law is
It reconciles broad concepts and micro-level d a series of customary statutes. It adapts to g certain principles consistently over time. it vision of society and affirms likewise the ilitates labour specialisation. The hierarchy in One needs to amend, adjust and come to terms ould to amend, adjust and come to terms with be in keeping with the traditional emphasis on cisions and reason. The dynamism of Hindu formation. Hindu law sans its hierarchy has
cs and Violence in Sri Lanka (Chicago: University of
IETY TRUST REVIEW - 1 OCTOBER 1994

Page 15
HNDU JURISPRUDENC
Justice C. V.
Thirukkural reflects the lifestyle, character a more than any other literary creation by the T on morals, an oft-quoted literary masterpiec primer on political theory.
Though principles of jurisprudence are also ti have to be gleaned scrupulously since they a visible. The purpose of this paper is to Jurisprudence from the perception of Thiruwa
To appreciate Thirukkural fully, one must ur society in ancient India had four divisions system. The divisions called Varnashram constituted the intelligentsia in society; Shatri ruling class; Vaishyas the commercial class a were functional but as time went on men born above functional groups hereditarily and late giving rise to hereditary castism.
The Hindus also divided one's life span into f (Brahmachari) upto about 16 years. He was studious. The second period was that of a Gl about 32 years. He was expected to marry du wife, beget children, earn and enjoy all world
The third phase was that of a Vaanaprasthi arrangements to give his children in marriage, hand over his wealth and possessions to his p phase which was Sanyasa. He together with worldly life, seek a tranquil environment ti preparing for the call of the divine.
The Hindus also classified the aims of each wealth, worldly pleasure and divinity. Thus i of these four aspects of life as Aram, Porul, exception in one respect. It spoke of Aram o of wealth, Inban or obtaining mundane felic
LAW & SOCIETY TRUST REVIEW -- I OC"

E AND THRUKKURAL
у
Vigneswaran
nd aspirations of the Hindu Tamils probably mils. It is at the same time a peerless treatise 2, an authentic sociological document and a
be discerned in Thirukkural, such principles re strewn hither and thither and not patently
present certain salient features of Hindu luvar, the author.
derstand its social provenance (source). The which later gave rise to the iniquitous caste were Brahmins who were the pious and yas who were the aristocrats, warriors and the nd Shudras the working class. The divisions to each family identified themselves with the r brought forth sub-divisions in each group
our periods. The first was that of the student expected during this period to be celibate and 'ahastha or householder which extended upto fing this period, run agraha or house with his ly pleasures.
. During this period he should have made detach himself from his worldly possessions, rogeny and get ready for the fourth and final his wife should by 48 years withdraw from ) life a life of gentleness, peace and calm
erson's life as that of seeking righteousness, host religious and literary Tamil works spoke Inbam and Veedu. The Thirukkural was an righteousness in life, Porul or accumulation y but did not refer to Veedu or salvation.
OBER 1994 13

Page 16
Thus Thirukkural consists of 133 chapters eac 38 deal with righteousness or morality, chapte chapters 109 to 133 with domestic pleasures.
Under the title of morality or righteousness (A which are set out in Appendix 1 hereto.
Aram deals with morality, laying down thc Manu to be followed and dissuading from suc group, viz. Brahmana, Shatriya, Vaishya and prescribed for each stage in their life - viz.
Sanyasa, and desist from such acts disapprov
While chapters 1 - 4 of the Thirukkural deal the essentials of married life, chapters 25 bordering on asceticism and chapter 38 with
Under the little Porul or wealth 700 stanzas out in Appendix 2 hereto.
Porul has three divisions captioned as "state statecraft" from chapters 64 - 95, and gener state but left off in the earlier chapters which
Chapters 109 to 133 deal with domestic pleas since they do not strictly fall within the purv
Thus Hindu Jurisprudence is based on the E ancient Hindu Society. These concepts hav Jurisprudence was also consistent with the str referred to as Varnashram. Therefore it is formed the foundation and secondly those Varnas.
At this stage it may be relevant to examine Hindu perception of the same. Moral pri irrespective of its outward manifestation wh the will of man only so far as it is manif former regards, while the latter disregards, t in outward acts.
Sir Thomas Holland referred to these mora He said that "the essential difference betw outward results of the determination of that of all the moral sciences, but also, and rat
14 LAW & SO

containing 10 stanzas of which chapters 1 to 39 to 108 with wealth and its acquisition and
am) 380 stanzas under 38 headings are given
e righteous acts decreed by law givers like acts censured by them. The denizens of each Shudra, were expected to adhere to those acts Brahmachariya, Grahastha, Vaanaprastha and d of.
fith general matters, chapters 5 - 24 deal with 37 with the essentials for a detached life
lestiny.
under 70 headings are laid out. They are set
craft" from chapters 39 - 63, "instruments of al characteristics of those who constituted the
are found in chapters 96 - 108.
ures. Their headings have not been translated iew of this paper.
thical notions or concepts widely prevalent in e been expounded in the Thirukkural. Hindu uctures of the Hindu Society which was earlier
two-fold. Firstly the moral precepts which rescriptions governing each group among the
he Western attitude to moral precepts and the cepts deal with the state of the will of man e Law in its strict sense deals with the state of sted in action including willed inaction. The ose internal acts of the will which do not result
precepts as Ethics and the laws as Nomology. en them is that Ethic deals not only with the faculty of respect for a rule which is the basis r with the balance of inward forces by which
IETY TRUST REVIEW - I OCTOBER 1994

Page 17
those results are produced. It looks not only the sort of men who do them. Nomolog: conformity or non-conformity of outward act
Sir Holland further explained that "Ethic is th to a type" while "Nomology is the conformit
Thus "Ethic" he said, "is the science mainly definition and preservation of rights. The tern are common to both Ethic and Nomology; b more inward nature, looks rather to the duties looks to the rights which are the elements of
Thus Ethic is concerned with the laws fo Nomology is the science of the totality of t possible.
Western Jurisprudence had been concerned investigation was the conformity of acts to a
Hindu Jurisprudence on the other hand had b object of investigation was the conformity of
Having understood the differences in perceptic Jurisprudence let me examine a few of the mo
1. Divine right of kings was hereditary i
on merit in Hindu Jurisprudence.
In the West there was the prevalent theory of king descended from a divine ancestor and t subjects had to submit to it. Kings were consic of justice. Therefore the justice they dispense of God and therefore beyond debate or disput the theistic sanction behind it, people had to ob of providence and therefore beyond human co
Amongst the Hindus the king was elevated to not by his hereditary role.
In stanza 388 Thiruvalluvar states as follows:
A king who justly governs and protects
Therefore the king's conduct of the affairs of
LAW & SOCIETY TRUST REVIEW - I OC

o the sort of acts which men do, but also to on the other hand deals entirely with the to rules of conduct"
science of the conformity of human character of actions to rules"
f duties; while Nomology looks rather to the s right and duty are of course correlatives and it the former science, in accordance with its which are binding on the conscience; the latter ocial life".
which external legislation is impossible. he rules for which an external legislation is
with Nomology in which the object of ule.
een more concerned with Ethic in which the he will to a rule.
bn between Western Jurisprudence and Hindu ral precepts stressed by Thirukkural.
In Western Jurisprudence while it depended
he divine right of kings. According to it the hey were divinely ordained to rule and the ered fons et origo justitiae [fount and origin d was supposed to be derived from authority . Even if their decisions were unjust due to y it as it was considered the mysterious ways mprehension.
ivinity by the wisdom of his judgements and
his subjects would be considered a God.
the state corresponded with the respect and
OBER 1994 15

Page 18
esteem in which he was held. Thus kings we subjects due to the realisation that any injus effect on him.
According to Silappathikaram a Tamil literary realised that he had executed an innocent p Kannaki, be immediately fell in a swoon and
This is a classic example of the supreme sens
2. Hindu Jurisprudence emphasised ju
The immoral acquisition of wealth was repr frowned upon by the Hindus. Hence acts o cheating were held to be anti-social. In th unconscionable acquisition incurred the wrath
In the Koran usury is declared a sin. But in th money by any means was not to be impeache a corollary of predestination.
Hence the Protestant religion, particularly Capitalism. (Vide Max Weber - Protestantis Religion and the rise of Capitalism.)
On the other hand the Hindu religion emphas The ends, though laudable, should not empl permeated into the Hindu society it has atter in Hindu society now means is considered in has adulterated our moral values.
By way of an example, under our Money Le the whole cannot be recovered. Yet fre investments such as by hire purchase agre
sanctions usury by such devious means as concept of justice.
3. Hindu Jurisprudence reproved the Jurisprudence Only reproved the e
Thiruvalluvar observed in stanza 45, chapte
Avoiding jealousy, lust, anger and h
Under Western Jurisprudence imported into
16 LAW & SO

e sensitive to justice being meted out to their ce perpetrated by them can have a vitiating
masterpiece, when the king Koperum Cholan rson called Kovalan the husband of Pathini
died.
tiveness of the Hindu ruler to an injustice.
it means and just ends equally.
bbated and aggrandisement of one's self was
theft, misappropriation, breach of trust and
e same sense usury and any other mode of
of the rulers.
e West it was condoned. In Calvinism earning 'd on religious grounds because it was seen as
Calvinism, evolved in its secular aspect into n and the rise of Capitalism and R.H. Tawny -
ised the relationship between ends and means. by culpable means. Ever since Western ethos luated its moral fibre with the result that even significant and inconsequential. This in a way
lding Ordinance more than twice the capital on sh forms of obtaining interest by ingenious ements have now taken root. The law now ire purchase which is repugnant to the Hindu
act irrespective of the effect while Western fect.
4 as follows:
rsh words is righteous conduct.
ur country only slander and libel were culpable.
IETY TRUST REVIEW - 1 OCTOBER 1994

Page 19
According to Roman Dutch law there must b culpable. Such loss of reputation must refer
On the other hand, according to Thirukkural, conduct in that the very act of saying or writir Jurisprudence disapproves of them only if the
4. Hindu Criminal Jurisprudence was
Crime was considered to be an act against symbolised by the king.
Protecting his subjects and punishing 549.
Under the Hammurabi Code, it was an eye fc was inflicted a punishment commensurate with is only retributive.
In Thirukkural that was not sufficient. Such pl and the criminal. This could promote greater h
stanza, Thiruvalluvar expatiates on the preven
The king punishing the wicked and destroying the weeds to protect his cro
Thus it would be seen that Criminal Juri encompasses deterrence and retribution.
Further, punishment was to be commensurate
To inquire into the criminality of an acc and others from perpetrating the crime
Modern theories of criminology have been pro
The cardinal tenet of these theories is that pun criminal. This meant that crime was not only but also from that of the reprobate.
Thiruvalluvar had this in view when he said in
When there has been a violation of the
LAW - SOCIETY TRUST REVIEW - I OCT

loss of reputation for slander and libel to be o something tangible and derogatory.
avoiding harsh words of any sort is righteous gharsh words is prohibited while the Western
have a harmful effect on another.
onsidered both retributive and preventive.
society which was punishable by the State.
the miscreamts are duties of the king - Kural
r an eye and tooth for a tooth. The criminal the harm he did to society. Such punishment
inishment must prevent future crime by others lappiness and harmony in society. In the next tive nature of punishment.
protecting his subjects is akin to a farmer p - Kural 550.
sprudence as reflected in the Thirukkural
with the crime and must fit the criminal.
used and punishing such person deterring him is the duty of a king - Kural 561.
ounded by Lambroso & Beccaria and others.
shment should fit not only the crime but the considered from the point of view of society
stanza 541 as follows:
law the king should objectively analyse the
OBER 1994 17

Page 20
wrong, be impartial, be just and then transgression -Kural 541.
There was, therefore, an obligation on the commission of crimes and impose on the tran
It may be relevant to realise at this stage, th character of its society and the nature of its p society is the polity and the polity is coincider say that law is a product of society just as muc laws. There is an inescapable pluralism. H different from the laws of Sir Thomas More society is the Rule of Law but the characterist (retrospective) legislation.
Therefore, though the law prevailing in the soc social conscience of the Tamils at that time, political organisation. It was a polity with her in the implementation of law must also be separation of powers and the king was ve Legislative and Judicial.
In this context it was the duty of the king to c elements who can be a canker in the body po to benevolent social surgery. This was impe politic.
Thus the manner in which the king had to subjects and preserver of their well-being wa 541.
5. Jurisprudence in action Was as im
theory.
Laski observed that "Law is not logic but lif the moral well-being of society was to be prese in his judgements and considerate in his puni. conventions were considered not enough. It h might be referred to as the counterpart of the
Since the king was enjoined with the onerous d of an offence before punishing the derelictio concept of impartiality referred to in the Thir
18 LAW & SOCII

impose a punishment commensurate with the
part of the king to objectively inquire into sgressors condign punishment.
at every system of jurisprudence reflects the olitical organisation. The organisation of the ital and co-terminous with the state. One may :h as society is determined by the nature of its ence the laws of Plato's Republic have to be 's Utopia. The chief feature of a democratic ic of a fascist state is ad hoc and ex post facto
iety of Thirukkural was based on the corporate yet it was also related to the structure of its editary monarchy and the role of the sovereign a part of its jurisprudence. There was no sted with the triune powers of Executive,
xtirpate from society those rabidly anti-social litic. It was the task of the monarch to resort rative lest the trauma corrupt the whole body
exercise his function as the protector of his S what was illustrated by the aforesaid stanza
Ortant to the Hindus as Jurisprudence in
Law has to deal with human realities. If rved and promoted, the king must be impartial shment. Thus ethical prescriptions and moral had to be rigorously enforced by the king who
philosopher king of Plato.
luty of impartially ascertaining the commission n, it is necessary at this juncture to know the ukkural.
IETY TRUST REVIEW - 1 OCTOBER 1994

Page 21
At stanza 1 18 it is stated as follows:
It is the virtue of the wise man to stan the articles in the scales without veerin
Impartiality, therefore, connotes objectivity ai free from all preferences, predilections, preju be a just attitude of mind. This is different philosophy of Tao the right mind meant a min the Absolute where you perceive the totality o of the panorama of phenomena allied to the m being action in inaction and inaction in action
But what was described in the Thirukkural eliminating all factors that could cloud human
In stanza 119 it is stated as follows:
Not to be tainted in terminology with p Kural 119.
When one's mind is warped, the words that is state. Thus an impartial person should be pure has commended the virtue of impartiality beca who sit in judgement are free from bias.
In stanza l'11 Thiruvalluvar states:
If one deals with his friends, foes and , itself is sufficient - Kural 111.
Thus persons charged with the task of admini anyone else delegated with such authority o subterranean operations.
Thus jurisprudence in action has been stressed
Conclusion
The Hindu religion generally deals with the realisation or communion with the Ultimate Re
Karma Yoga are methods by which one can involved in one's day-to-day mundane life.
LAW & SOCIETY TRUST REVIEW - 1 OCT

l erect like the balance beam and then weigh g to one side or the other - Kural 118.
ld dispassionateness. One must have a mind dices, inhibitions and imagination. It should from the Wu Wei principle of Tao. In the i free of mundane pleasures and transfixed in f phenomena in its due place. It was a vision. ental state conceived in the Bhagwad Gita of
was worldly wisdom in human judgement mind and mar correct judgement.
rejudice nor warped in mind is impartiality -
sue forth from the tongue reflects the mental in word and thought. Thirukkural, therefore, use a just society is not possible unless those
neighbours properly the virtue of impartiality
stration of justice, whether it be the king or r function, must be free from bias and its
by Thiruvalluvar.
spiritual aspect of human nature and man's :ality. But some facets of Hindu religion like attain spiritual happiness while being fully
TOBER I994 19

Page 22
Stanza 50 states:
One who treads the path of virtue in be held in esteem as Gods in heaven
The delineated manner would mean in accord Saints and Sages. These ethical principles Jurisprudence is a resume of those principles prescriptions laid down for each Varna by l
A P P E
RighteousneSS
Gener
Chapter 1 invocation of d
Chapter 2 rain
Chapter 3 the virtues of til
Chapter 4 the importance
Essentialso
Chapter 5 married life
Chapter 6 the benefits of
Chapter 7 progeny
Chapter 8 kindness and a
Chapter 9 sharing victual
Chapter 10 the benefits of
Chapter 11 gratitude
Chapter 12 impartiality
Chapter 13 Self-control
Chapter 14 discipline
20 LAW & SC

is world and acts in a delineated manner is to
Kural 50.
ance with the ethical principles propounded by tre crystalised in the Thirukkural, and Hindu found in the Thirukkural along with the social w givers like Manu and others.
D X - 1
Aram
all Topics
eity
nose who have renounced
of righteousness
f Married Life
a life partner
ffection towards others
s with others
uttering kind words
CIETY TRUST REVIEW - 1. OCTOBER 1994

Page 23
Chapter 15
Chapter 16
Chapter 17
Chapter 18
Chapter 19
Chapter 20
Chapter 21
Chapter 22
Chapter 23
Chapter 24
Chapter 25
Chapter 26
Chapter 27
Chapter 28
Chapter 29
Chapter 30
Chapter 31
Chapter 32
Chapter 33
Chapter 34
Chapter 35
Chapter 36
Chapter 37
Chapter 38
not coveting ol
tolerance
not bearing ill
not coveting ol
not slandering
not gossiping
fear of doing v
helping others
being charitabl
fame
ESSentials Ol
compassion
being vegetaria
forbearance
hypocrisy
wrongful acqui
speaking the tr
abjuring anger
refraining from
not killing
permanency
renouncing wo
the knowledge
severance from
D
fate
LAW & SOCIETY TRUST REVIEW - 1 O

le's neighbour's wife
will
her's things
others
vrongs
f Detached Life
sition
uth
harming others
rldly attachments
of eternal verity
craving
stiny
CTOBER 1994 21

Page 24
A PP E
Wealth
Sta
Chapter 39 the true qualitic
Chapter 40 true education
Chapter 41 ignorance
Chapter 42 intellectual inq
Chapter 43 rational knowle
Chapter 44 avoiding vice
Chapter 45 seeking the cor Chapter 46 avoiding the CC
Chapter 47 foresight in act
Chapter 48 realistic apprai
Chapter 49 awaiting oppor
Chapter 50 understanding
Chapter 51 COrrect aSSeSSI
Chapter 52 engaging the p
Chapter 53 keeping one's
Chapter 54 refraining fron
Chapter 55 ruling justly
Chapter 56 misrule
Chapter 57 abjuring tyran!
Chapter 58 being consider
Chapter 59 espionage
Chapter 60 perseverance
Chapter 61 assiduity
22 LAW & SO

s of a sovereign
uiry
'dge
mpany of the Great
mpany of the Vulgar
ion
sal of strength
tune IslOIT1CInt
vulnerability of opponents
ment of character
roper personnel
associates intact
n lethargic indifference
ate
CIETY TRUST REVIEW - 1 OCTOBER 1994

Page 25
Chapter 62
Chapter 63
Chapter 64
Chapter 65
Chapter 66
Chapter 67
Chapter 68
Chapter 69
Chapter 70
Chapter 71
Chapter 72
Chapter 73
Chapter 74
Chapter 75
Chapter 76
Chapter 77
Chapter 78
Chapter 79
Chapter 80
Chapter 81
Chapter 82
Chapter 83
Chapter 84
Chapter 85
Chapter 86
persevera
not being
Instrl
the chara
persuasiv
acting be
steadfast
acting co
Diplomat
being dis
discernm
correctly
addressin
character
securing
acquiring
character
military
friendshi
aSS6ՏՏme!
sustaining
evil frien
simulatin
stupidity
superficia
fostering
LAW & SOCIETY TRUST REVIEW

C
overawed by failure
ments of Statecraft
cteristics of Ministers
ԹmՇՏՏ
neficially
eSS
mpetently and thoroughly
S
creet in conduct with the King
ent in interpreting conduct
assessing the audience
g confidently
istics of an ideal kingdom
the boundaries of the kingdom
wealth properly
istics of an invincible army
valour
nt before friendship
gold friendships
dships
g friends
ll learning
animosity
- 1 OCTOBER 1994 23

Page 26
Chapter 87
Chapter 88 Chapter 89
Chapter 90
Chapter 91
Chapter 92
Chapter 93 Chapter 94
Chapter 95
Chapter 96
Chapter 97
Chapter 98 Chapter 99
Chapter 100
Chapter 101
Chapter 102
Chapter 103 Chapter 104
Chapter 105
Chapter 106
Chapter 107
Chapter 108
the qualities of a
assessing an adve
undermining fro
not harming resp
subservience to c
the nature of Col
avoiding intoxica
gambling
gluttony
The RE
noble birth
sensitivity
the nature of the
men of Excellen
the characteristic
miserliness
honourableness
exalting the stan
farming
poverty
mendicancy
disgraceful begg
worthless people
24
LAW & SOC

adversary
"sary
within
icted elders
ne's wife
teSaS
ing drinks
sidual
Great
>e
s of a cultured person
iing of one's family
ing
ETY TRUST REVIEW - 1 OCTOBER 1994

Page 27
A BACKGROUND TO THE UN AS PURE RELIGION A
Prof. C. Su
I. BELEFS
(i) Hinduism is at once a philosophy, there is no religion called Hindu. The term referring to a river, Sindhu (the Indus), where arts, agriculture, and civic systems - synthesis around five thousand years ago, into its prese
(ii) "Brahmanism", the attainment of Dharma, is a nearer description of the reli arrogated by the priestly class to themselves).
(iii) Its outlook being catholic and free Religion.
(iv) It accepts the reality that there a peoples and all cannot take the same path; philosophers, poets, mystics, men of action, person may, therefore, be guided by his or her and will, if he pursues his path with fervent in
(v) Thus, its espousal as outstand "Whosoever follows any faith and worship whatsoever form, with steadfastness, his faith today, it may read : Come to me as a Hindu I shall make you a better Hindu, Buddhist, Chl your religion is wrong and to follow it is a si yours.
(vi) Its fundamental beliefs have (a practices that go as religion; and (b) no concep Bahudda Vidanti". All is God, is One. Sage
LAW & SOCIETY TRUSTRIEVIEW I I OC,

DERSTANDING OF HINDUSM ND SOCIAL RELIGION
iyakumaran
a religion, and a way of Life. In one sense, "Hindu" is purely one of geographic origin, the particular religion - as also the language, ed with the ancient Indus Basin civilisation of nt form.
the Universal Soul, the Brahman, or Vidya gion itself. (Whence, the name Brahmins
, it is also called 'Sanatana Dharma, Eternal
re varying intellectual and spiritual levels in it therefore offers different approaches - to intellectuals, or men of simple faith. Such own individual spiritual level and experience tensity, attain the same goal.
ing, the words spoken by Lord Krishna: s me, under whatsoever denomination, in shall I indeed reinforce". Paraphrased for
Buddhist, Christian, Moslem, Jew or Sikh. istian, Moslem, Jew, Sikh. It would not say, n, get converted to mine and heaven will be
no part of superstitions and superstitious of 'competing religions. "Ekam Sat Viprah call that by different names.
OBER 1994 25

Page 28
II. SCRIPTURES
There is no single book, teacher or prophet thousands of books and scriptures, and more scriptures may be grouped under Six Sets.
(i) The First Set, are the Srutis, that ending with the Vedanta (anta - end) - includ the philosophy of the Vedas.
Also of the Srutis are:
(a) the four Upa (subsidiary) Vedas on A weaponry), Ghandarvaveda (music anc and Arthashastraveda (policy, adminis
(b) Six Vedarya (explanatory) works on Vyakarana also by Panini on gram Chandras Shastra on prosody and ceremonials, and Jyotisha on astronon
(ii) The Second Set, are the Smritis governing righteous conduct of individual, c become described as Divine Law and the Sr. eighteen, including that of Manu the earliest
(iii) The Third Set, are the Itihasas, in parable and story. The Ramayana by Va Oldest Story), the Mahabharata including Yogavasishta, and the Harivamsa, form the Samhitas' or friendly compositions.
The Gita's emphasis on Nishkama Karma, Ac thereof, is the central theme of the Mahabha essential, to be manifest in full at all times in be creative or apparently destructive. It is goodness of the Action, basing itself on co fusing completely the matters of the world a
(iv) The Fourth Set, are the Purana, conveying the Vedas, (i) above, and the Dh. in murals.
26 LAW & SOC

There is a concept of Eternal Truth; and han one Avatar (Incarnation). The books and
is the Vedas - a long line of inspired writings ing the Upanishads which hold the essence of
yurveda (medicine), Dhanurveda (archery and dance, including the Natyashastra of Bharata) tration and commerce); and
the Vedas - Siksha by Panini on phonetics, mar, Nirukta on etymology and linguistics, versification, Kalpa Shastra on rituals and ly ad astrology.
(meaning remembered) or Dharma Shastras :ommunity, society, nation. Thus, the Srutis nritis as Human Law. In all, the Smritis are law giver.
the Epics, presenting Upanishad’s philosophy lmiki (also called the Adi Kaviya, that is the the Gita or Bhagavad Gita by Viyasa, the main epics. They are together called 'Suhrit
tion without desire or passion, nor for the fruits. rata. Action - which is matter - is prime and this life, to be inactive being wrongful. It may
Motive - the 'Soul - which determines the mplete detachment, or "non-attachment", thus nd those of the spirit.
- eighteen main and eighteen subsidiary tales Irma Shastras, (ii) above, as short stories, and
IETY TRUST REVIEW - I OCTOBER 1994

Page 29
(v) The Fifth Set, are the Agamas, tha to the great sects of Shaivites (devotees of Sh (of Shakti, the manifestation of Cosmic Energ
In them also are the rules for temple architect and exquisite devotional songs, rarely matc. specially in Siddhanta.
(vi) The Sixth Set, are the Dharshan, they developed in time : (Nyaya, Vaiseshik Vedanta itself had Advaita (of Sankara), \ Madhava) the second and third with close link
The Upanishads, the Vedanta Sutras, and the | three authoritative scriptures.
As in the writings of all religions, these schc notwithstanding the all embracing unity of the the relation between the Soul (Atman) and the place of the Soul in Brahman. In pure Veda Brahman itself, unmanifest', and when releas and part of the Brahman (Non-Dial). In represented in Shaivism, the Soul (Pasu) atta latter and resides, upon release (from "Pasam" and not merged indistinguishably, as one, witl
(vii) From all of these scriptures and tr; worship, life, love, language, dance, music, worldly symbol of, and offering to, the Supre! all of religion. Hence the intensely intertwin sculpture, and living itself in the Indian traditi
I. DOCTR NES
For all its wide range, the Tenets of Hinduism
(i) The Absolute Reality is simply "l transcendent, outside the limits of the materia shape or form, without beginning and end, impersonal), "Om Tat Sat" - Om, that which e Atman is simply the 'unmanifest' Brahman wi
LAW & SOCIETY TRUST REVIEW - IOC

is theology, for worship of deities giving rise va), Vaishnavites (of Vishnu) and Shaktiaites
y).
Ire; and the vast store of poetic compositions led in piety, emotion, fervour and quality.
is ('visions) of six schools of philosophy as , Sankhya, Yoga, Mimamsa and Vedanta). isistadvaita (of Ramanuja) and Dvaita (of s to Siddhanta's "Dualism".
Gita together are called Rashana Traya or the
bols have differed in some of their doctrines ir religion : for example, the distinction as to Supreme (Brahman) in the progress and final nta (Advaita Vedanta) the Soul is simply the ed through self-realisation becomes one with Siddhanta (siddhi - divine wisdom) mostly ins the Supreme (Pathi) by the Grace of the ), beside the Supreme, at its feet as it were,
1t.
aditions, is another tradition, namely that all -
song, Sculpture - are a grand unity, each a me Reality. Religion is all of life, and life is 2d mosaic of religion, music, poetry, dance. O.
| are clear and precise.
Virguna Brahman"; "of being", Immanent - l, above time and space, Nirguna - without not male not female, so "Tat" (that is the xists (“Om”, the all embracing symbol). The hin finite being.
'OBER 1994 27

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(ii) To ordinary mortals, the Absol "Becoming", that is, with Attributes (of Nirg means of devotion; and given "form".
(iii) A basic concept of Saguna Brahm as Creator, Preserver and Destroyer (or Brahm as Sarasvati, Lakshmi and Parvati (the last als Shakti). The offspring of Shiva and Parvati - are equally expressions of several attributes o legion, picturesque and meaningful, and recur South and Southeast Asia.
(iv) The cosmic concepts (a) of Shak Brahman (the vibrations of the universe) alon for understanding of Reality, and for a 'science will end at a given future time (the Hindu Kc repeat itself; that all forms of matter are simply and the rest is Mayam, Illusion'. The appare get transisted back as non-matter, like the At
(v) Samsara is the cycle through whic the physical world of illusion, passes until it i
(vi) Karma is the law of action not in each cause has its effect. It is for us to act tc
(vii) Dharma is righteousness; and the be performed in this Samsara.
(viii) Yoga (to yoke' to unite the soul goal may be achieved; and is designed to meet excluding or condemning those who do not another's faith. These are broadly:
(a) Bhakti yoga, the path of Love, Devo Sivam (Love), Sunderam (Beauty). It are used as live symbols that stand for chooses. They are the flag behind wi his country's. Bhava' devotion, is a chosen as Santa (father), Bala (child, Sakhya (friend), Dasya (master), Kant all these, the Bhakti (devotee) knows place of worship devoid of any symb
28 LAW RŁ SOC

te is translated as "Saguna Brahman", of unan, Ishwaran, Easan) used as objects and
n is that of the Trinity - Trimurti of Ishwaran l, Vishnu and Shiva); and their female aspects Prakriti consort of Purusha the husband, or Ganesha, Kartigeya with their other names - qualities. All these names put together are n the personal names of millions in India and,
ti (primal energy), Anu (“atom”), and Sabda g with that of (b) the Trimurti, provide basis : fact which Hinduism held, that this universe Llpa) and a new universe will emerge.... and o transmutations of Shakti, “Anu’ and Sabdam, ht separate reality called matter will ultimately man, part of the infinite.
h each Atman, the individual soul residing in is one with the Brahman - Param Atman.
action. Such action produces its reaction and ) get where we should.
: need, the demand, that righteous duties must
with God) is the path, or paths, by which the people's varying natures and capacities, never have one or other capacity or do not pursue
ion. The aims are to attain Saryam (Truth), nages and idols, while known not to be God, Sod in a particular attribute, as the worshipper ich he marches to God, like a soldier behind t all times his. Many aspects of God can be son), Matha (mother), Shakti (Holy Spirit), (husband), Madhurya (lover); and others. In too that any symbol he may choose, even a ols, is only a symbol, equally as a blade of
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Page 31
grass, a stone not yet hewn into an edit
(The twelve 'Alwars' and the sixty th literature, and among the most exquisi Bhaktas. Of one of them, the psalms o had to exclaim that the people from a must have been especially blest of God
(b) Karma Yoga is Selfless Service, in any
reward, without attachment, in self-di
along the path of justice, compassion an or superior, and Work is Worship.
(c) Gnana Yoga, is the functioning of the evolved form. It bridges the gap betw Man, as seen while pursuing Bhakti knowledge or wisdom. So was the w; Ramakrishna Paramahimsa, Sankaracha product of Realisation is permeating and to the place, times and needs of the wo
(ix) Hence, Appayya Dikshitar, a saintI have attributed forms to thee who art Formle the truth that thou art Indescribable. By Omnipresence. Forgive me these three-fold tri
(x) Man's true conversion in religion is horizontal, from one faith to another. Thus, th most used understanding of conversion, as som to one's own religion, and not of one self (upv
(xi) Two guiding lights lead all devote
"Jeevo Brahmaiva Naparah" ( Brahman only and none other. "
says an old Persian Poem: “God sleeps in the mi awakens in man'.
LAW & SOCIETY TRUST REVIEW - 1 OCT

ice, or any other."
ee “Nayanmars” celebrated in South Indian e singers of God in this tradition, were all Thaymanavar, a celebrated Western scholar nongst whom these divine songs had arisen indeed).
profession of work, without expectation of scipline, self-restraint, and total absorption. d dedication. No work is inferior to another,
intuitive intellect at its most sublime and veen Perfection of God and Imperfection of Yoga and Karma Yoga, through Jnana. ay of the Buddha, so later of those such as rya and Krishnamurti. As in all paths, the sublime Love manifested in action according rld in each one's time.
poet wished to say, "Lord, in my meditations, ss. In singing hymns of thee, I have belied going on pilgrimages I have denied thy espasses".
therefore vertical, from lower to highest, not e Universalism of all religion, excluding the ehow converting the other person (sideways) wards) in one's own.
S.
Adi Shankara). The individual soul is the Tar Vam Asi” “That (the Brahman) thou art".
heral, dreams in the vegetable, stirs in the animal, and
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Page 32
Amu
The Symbols of Brahma, Vishnu, S Architecture.
Brahma :
The four heads facing the four directions sym
The Vedas, held in one hand, symbolise re-c Cosmic Age.
So also the "Kamandalu’, the vessel used in p
Appearing on the Lotus symbolises Purity, untouched in flowering.
Emerging from the body of Vishnu symboli
Vishnu :
Lying on the many-headed Serpent, Ananta, ir and Endless Bliss (Ananda).
The colour Blue symbolises infinity, limitless
The Chakra, or discus, in one hand denotes Universe.
The Shankhi, or Conch, in the other, stands fo Nada-Brahman, the Sound in the dance-music has a deep humming-sound).
The Gada, or mace, symbolises removal of e
The Lotus stands for Beauty of the Cosmic U
The Garuda, a man-eagle vehicle, connotes s
Shiva :
(The Cosmic Dancer : His representation in Chaos, has been considered unsurpassed in
3 O LAW & SOC

eX
liva in Traditional Indian Art and
polise His creation of the Universe.
eation of the Universe after each Kalpa or
"ayer prior to Tapasya or meditation.
ike the lotus plant growing in the mud but
Ses the closeness of Creation to Preservation.
an Ocean of Milk symbolises Cosmic Energy.
as the sky.
Dharma, Righteousness and Order in the
ir removal of ignorance as well as symbolising of the Cosmos (the conch, placed to the ear,
vil in the World.
niverse.
upernatural strength, Power and Piety.
Sculpture of Eternal Harmony out of apparent ts expression of mystic power, meaning and
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Page 33
beauty.) (See e.g. Ananda Coomaraswamy,
The dance, in itself, connotes cosmic energy
Standing on the 'demon', Apasmara Purush.
The Deer in one hand, denotes our unsteady
The Rattle-drum in the other denotes creativ
Fire in a third connotes destruction.
The fourth hand, held up, conveys "Do not
The circle of Fire behind stands for conti creation, preservation, destruction...
The river, Ganga, originating on the head sy The Crescent Moon denotes the Waning and
The Cobra coiled represents cosmic energy
The garland of skulls reminds that Death col
The Third Eye connotes that He is all-seeing
Wearing of the "Kandala in the right ear an half male and half female (Ardhawarishwara
The Holy Ash denotes that the body is trans
The Tiger Skin on the waist represents our ar destroyed, as also our Illusions.
The Linga represents the endless Pillar of co
LAW & SOCIETY TRUST REVIEW - 1 Oc

The Dance of Shiva, et. al.)
as a whole.
, refers to our ego.
Minds, darting from one to another.
e Activity.
fear, I shall protect as I destroy".
nuity and Eternal Motion of the Universe in
Imbolises Eternity and Purity.
Waxing of all things - and Time.
unfolding.
mes to all.
, and wise.
i 'Tatanka in the left represents the Eternal as
).
ient ending in Ashes.
rogant Pride (Ahamkara), to be suppressed and
smic power and light.
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Page 34
PHILO
I. PREMSES
(i) A Universal philosophy of truths ar Each particular religion would be appropriat example, a group of African intellectuals som and self expression, felt that there should er deep, essential beliefs of African civilisation. outside scholars acknowledged what was earl a "universalism.....deeper, wider, more imag of the formally trained Western mind!"
(ii) Organised religion, that is Social in others - is entirely different from pure reli creation and attainment of the Infinite by the
(iii) Social religion will therefore be different locations. Being foreign to each o humanity's greatest paradoxes. It is of relig outstanding works of art, as also the cause of and genocides.
(iv) Most indoctrinations lead to lar parable for the Reality.
(v) Reality itself may be described in to the other; any particular way chosen beir human conditioning.
(vi) For pure Religion, what "religion being Universal, that alone is material. Th exists in all religions and the Universal are C religion becomes, besides this, divisive and s
(vii) The Supreme is and can be ma visualises. It is no basis for one intense devo for his own vision. When any attains realis "seen" - by means beyond bodily senses an these. It has to be One, since there is only
(viii) The Supreme is and can mani times - in this little world or in the vast unkn
32 LAW & SOC

SOPHY
d norms has no bearing on particular religions. in its own place, indeed, even proper. For :years ago, in an informal search for identities herge an evolving African religion, based on In another commentary, in South East Asia, er simply termed paganism or animism, to be: inative and, at times, almost beyond the reach
religion, organised -more in some cases than gion; that is the philosophy and metaphysic of
Finite.
as varied and specific in relevance as it has ther, these variations have left behind one of ion, being the source of some of the world's some of the world's greatest abuses, murders
ge-scale confusing of dogma, symbolism and
many ways, but all imperfect and none inferior g simply because of location and origin, and
"to hold becomes immaterial, the metaphysical us in a Perennial philosophy, the Supreme as ne. The possessiveness of social or organised mall.
nifest in any Form which the intense devotee Lee then to set upon another to exterminate him ation of the infinite, only one Reality will be d not truly describable to those that use only Dne.
est in innumerable places and at innumerable own expanses of the universe unknown to man.
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Page 35
Here on earth. He can manifest at various tim Modes, the Allegories, the Cultures, and Lar claim to "uniqueness" by one group of people is simply a "specific" of an indescribable U validity and acceptance of all avatars or incai
(ix) All beings are Sons of God. Only vehicles of that Supreme Energy (Brahman) frt by effort or by Grace, as incarnations or as they are truly sons of God's Spirit, some sub is in effect also to become so, as the Atman is to every individual to hold the mirror (of "Y in him.
(x) "Hinduism" as well, in its ritual f organised and more social, certainly not more Indus Basin, with the name derived from it, it customs, totems and taboos specific to its tim
(xi) But alongside, a pure religion a form, perhaps more freely and explicitly in th
(xii) The metaphysics of that other, p by that is meant the "label". It could not su religion whose hallmarks were dogma, rule ol
(xiii) The "other" religion, of the ess beyond religions, would assert "All truth is O1 organised religion, it is the strength of understanding and of conviction.
(xiv) Such original truths then transce that result by organising truths into exclusive
(xv) Therefore there will be complete organised religion, if it were seen for what it is of being enjoyed in that form, by all; and enrichment, cohesion and advancement.
II. TENETS
(i) The Eternal Reality, that which is I be seen where perceptions are contingent, dep
LAW & SOCIETY TRUST REVIEW - 1 oC

s in people's histories and then would use the guages of those peoples. This is no basis for or conflict with others. What is made manifest nknown, all One and the Same. Hence the nations - Krishna, Christ and others.
most are, like weak flickers of a candle, poor om which their own (Atman) is derived. When prophets, that energy burns bright and fierce, ime and peerless. The goal for every mortal merely part of the Supreme, and it is available oga") to himself and perceive the God - head
orm, is only an organised religion, much less "universal" on that account. Beginning in the was simply part of that society and with codes, es and places.
so emerged, as in other religions in varying le former, as another religion.
lure religion or philosophy was not Hindu, if pport exclusive doctrine; nor look to a world r ritual.
ence of unity, diversity and universality, and he, the paths to it are many". A weakness for universal religion, based on a fullness of
nd as they must, the labels, schisms and feuds and conflicting moulds.
Harmony in pure religion. There can be in , purely associal, specific and varied, capable even necessary to each society for its own
nfinite, that which is 'non-contingent', cannot indent on the finite senses, as instruments for
OBER 1994 33

Page 36
that vision. It is only when they are not dep total apprehension becomes possible. The ol intuitive apprehension'. It is thus that Awa religion, whatever the origins; while finite kr
(ii) The human possession of the fini deception - if used as the only instruments of as instruments, by their being finite. The mo of doctrine, dogma and organised teaching - ( be expressed in its purity even in the thinking get intimations of Truth; and they must lead u fight each other for our conceptions of half
(iii) In the finiteness of human capac readily perceive the non-contingent, it is the another. Each must find it with aids. The wi and it goes on, in increasing measure, to the doctrine, dogma, book and institution, and c is revealed on each one's level of conscious itself.
(iv) Further, logic and dialectic in its majority of the human race - cannot solve Reality of the Supreme. Only a culmination o
(v) A universal religion must also wit synthesis the whole gamut of the human spir creative affirmations of the saints. Nobody particular place'; for not striving to be his f
(vi) Thus there is a place for Symbol them - of names, attributes, forms - as * mear or understanding to the highest attainment of or love, karma or service, gnana or medi tendrils that Indian thought described as a relate to the Infinite. No one is excluded frol through union. Hence, that conversion is, a
(vii) In a setting of Universal Relig accords with that of Nirguna Brahman, the Father, Son and the Holy Ghost may well ac a different way, with the Trimurti of the Cre of emanation from the Infinite, through the
34 LAW & SO

ndent on the finite, "contingent senses, that : would be sensory perceptions; the other. sness of ultimate reality is shared in all pure wledge is not.
senses - a source of great power as of great erception or communication, are thus limited ent a Reality is translated in words - the core istortion begins. Ultimate truth cannot really of logic. Much less can it be in words. We to search for that Truth in higher forms, not truths.
ity therefore, in which the contingent cannot n truly impossible to describe that Reality to ords which describe carry the first falsehoods: 2nd. It is the distortions that get embedded in onflict and controversy. "Truth is that which less", leading ultimately to fullest Awareness
elf - in any case, incomprehensible to the vast the problem of knowing even personally the f personal search, in personal experience, can.
hout limit of time or space, embrace within its it from the crude fetishism of the savage to the t goes to hell, if there is one, for being in a ull self, he remains, here in “hell”.
- those who do not need them should not use s', to travel, from any level of human position union; and through paths as suit each - bakthi ation. All these, at varying levels, are the ds to meet the human limitations of trying to 1 attaining salvation, the reality of the Brahman hd must be, really upwards and not sideways.
on, the purity of Allah without all Form fully bsolute and the Immanent. The Trinity of the :ord with Ishwara, Krishna and Shakti; and, in tor, Preserver and Destroyer, in a cosmic cycle inite, to Contraction back to the Infinite. This
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Page 37
Unity, Diversity and Universality, in scientifi expanding from a cosmic energy mass conce bosom of the infinite. The Destroyer' is preaching an all Good and all Merciful, would not this not that and being so, recognition C Evil'. It is as we know, of a simple truth of of everything. From the smallest to the larg crashing, separating, burning, cooling and cre as the Gita has repeated, is 'neutral'. Motive and makes the Action good' or 'bad'. In th detachment, or complete non-attachment.
(viii) In a setting of universe upon timeless eternity, the maimed, the deformed, t in this world are not in a ‘once and for all’ te others. The Consciousness that is within all Infinite for it is part of it, passing from Action are no separate places Hell' or Heaven' - whom 'Sin', that is Action with weak Motive actions with good motives integrate and adv
(ix) The world, a spot in the universe not be the only place in which creation reside
This earth is not endless, but headed toward future time - not to mention the likely eradica in the cycle of such ages.
These, if no other, should humble all humans t the adolescence of spiritual conceits by peopl wider perception of Universal Religion. The human and each religion.
(x) Those Truths then, of the Attainm through Birth, back to Union (Moksham) may mainsprings of eternal realities, from the re Perennialism, it is set out here, first in brief, religion. While the truths embodied are U expressing, drawing in this instance on the st phrasing.
In this form of expression it would be as Br; Moksham (incidentally, the way in which it a
LAW & SOCIETY TRUST REVIEW -- I OC

equivalence, is the theory of the universe as ntrate and destined to collapse back into the of course a concept that organised religion.
wish to shun. Yet, God is without attributes f his manifestation as "destroyer is not of an the universe, of our bodies, our thoughts and st, here and in infinite Space, substances are ting. It is not the Deed that is Evil. Action s its soul, that which determines its character. is, the aid to good action is Ahimsa born of
universe, of unending limitlessness, and of he ravaged, the ignorant - as also the normal - st of Attainment for some and Damnation for beings must go on until it merges into the s and Reactions to ultimate realisation. There or Satan - but all are within each person; in s', disintegrates body, mind and soul, even as ance them - until release.
: and even less so in the endless Infinite need s, much less the centre of it.
s sheer obliteration in the cosmos at a given tion of mankind by an expected new Ice Age
o see the transience of things and in particular es of one religion over another; leading to a truths' for this already lie deep inside each
ent, in a journey from the Father (Brahman) be described variously, drawing on the varied :cesses of all religions. Of the essence of and then as the frame or pillars, of perennial niversal, its words are purely one form of ources of Indian metaphysic, philosophy and
ahman - Atman - Mayam - Samsaram - and ppears, the essence of Hinduism was taught.
"OBER 1994 35

Page 38
from ancient time, to the young in the Islando of gay and colourful rituals):
Without beginning is the Brahm source of all things.
From this is the Atman, a minu weaker, but all destined to g Brahman.
Mayam is Illusion of the concep on seeing the essential, endless and Form - with consequential
Samsaram, is that journey illusion, until by its efforts, of cycle.
Moksham, is the vision of t Attainment of and Union with
36
LAW & SOC

Bali, distinguishing it sharply from its forest
an, infinite, immeasurable, indescribable, the
te spark of the Brahman, some brighter some ) back according to efforts of each to the
t of Matter as the Real and the cloak it throws , transcendental Reality void of Time, Space
finite desires and conflicts.
he Atman takes within this encasement of
yoga (union), it ultimately ends its material
he Atman as part of the Brahman and its it.
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Page 39
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