Studies in the Bhagavati Sutra

SR No.: 001615
Original Sutra Author: N/A
Author: J C Sikdar
Publisher: Research Institute of Prakrit Jainology & Ahimsa Mujjaffarpur
Publication Year: 1964
Total Pages: 686
Language: English
Classification: Book_English, Philosophy, & Canon
File Size: 12 MB

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STUDIES IN THE BHAGAWATI SOTRA [Ch. III internal and external dangers, injustice, calamities, and encroachment upon the liberty made by any body in the state. This ideal of equitable justice and equality in the eyes of law preached in the BKS is also reflected in some Jaina texts', the Buddhist Jātakas, the Manu-Smrti”, the Arthaśāstraand other Brāhmanical works.
In the V yavahāra Bhāsya a reference is made to an honest and impartial incorruptible judge, Rūpajulekha (Rīpadakkha in Pāli) by name who was well-read in Bharbhīya, Asuruklcha", Nītisāra of Māthara and Dandanīti of Kauņdinya and was famous for equitable justice.
The same view on the administration of justice is expressed by the Mrcchakarikn in which it is advocated that a judge should pronounce his unbiased, dispassionate and impartial judgement on any case of law-suit coming up to his court."
The Buddhist Jatalcase also reflect the same ideal of justice by laying down the principle that the judgement in a criminal case should be delivered with 'careful measure' according to the gravity and seriousness of the crime committed by the culprit.
But one should be cautious against drawing a hasty con. clusion about sound judiciary from the above principles of justice laid down in the Bhs and other ancient literatures mentioned here, because the kings, generally suspicious by nature awarded
TI.
i Vyavahāra Bhāsya; Micchakarika (Act, IX, pp. 256 f.).
See 'Life in Ancient India' by Dr. J. C. Jain., p. 64. 1f. ? Mann-Smrti. Vli-25 ; 14 ff; IX-288; VIII-12, 16, 17. 8 Arthaśātra, 9. - Kūmanilakiya Nilisāra, Sarga II, 37. 5 Lalitavistara refers to Ambhirya and Asurya (p. 156). 8 V yavahāra Bhilsya 1, p. 132. Cf. Ripadukkha in Milinda
panha, p. 344. Vide Life in Ancient India by Dr. J. C. Jain,
p. 64, 4f. 7 Cf. Mrcchakațika Act IX pp. 256 f. 8 Cf. Ratha'atthi Jataka (No. 332) I, p. 105 ; See also the
commentary on the Digha-Nikūya Il. p. 519, for the administration of justice in Vesāli according to the laws laid down in the Paveni potthaka', the Book of Customs'. The trial went through a long process-till the final judgement was passed by the king. See Life in Ancient India by Dr. J. C, Jain, p. 64, 2 f.