Sambodhi 2006 Vol 30

Author(s): J B Shah, N M Kansara
Publisher: L D Indology Ahmedabad

Page 16

10
SATYA PAL NARANG
SAMBODHI
Law and Kindness:
Infants, aged, diseased, helpless and distressed persons should be treated with kindness. They should be given special protection of the state, because of their dependence and their own affairs.70 Infants were mentioned in Manu 9 8.163); Y/ (2.32); Bșhaspati 9 6.52), Visnusmrti, Kautilya (184. 11) and Sūlapāņi on Y/ 2.32.
Distressed persons are mentioned in Y/, Brhaspati quoted in Vyavahāramayūkha (13.28, 6.42) and Nārada ( 1.41).
Definitely the tradition of Brhaspati particularly the old or Vrddha belongs to the Uśanas tradition of law and must be the migrants where their law became obsolete or lost in span of time. Kautilya preserves both the Brhaspati and Uśanas law in the Arthaśāstra. Unmatta or a mad person is mentioned in Manu, Y/ and Vyavahāramayūkha (13.28) etc.
Vyavahāra:- See: Śrāddha
Debts:
Among the views on Vyavahāra quoted from Uśanas are some interesting
ones. It was he who said that a son was not bound to pay his father's debt, if it was a fine or unpaid toll or what is not vyavahārika.71
Infants etc. in court:
The above mentioned category falling within the category of kindness could not be called as witnesses. Infants are mentioned in Manu ( 8.66,71), Y/ (2.32), Visnu-smrti ( 8.2.3.), Nārada (1.187, 190, 191) because they would give fake evidence due to their ignorance ( ajñāna).
Evidence
Ordeal:- See: Uśanas on Witness
By infants etc. (Atura) :- In the context of evidence, distressed persons are mentioned in Uśanas as quoted in the Vyavahāra-mayūkha (17.6) along with Manu (8.71), Nārada (1.179) and arta (Nārada 1.178).72
Sureties:
All the above categories particularly the infants and elderly people (bāla