Sambodhi 2006 Vol 30

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

Page 17

Vol. XXX, 2006
HISTORY AND LEGAL PRINCIPLES OF UŠANAS
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and Vrddha) were not acceptable in sureties.
Contracts:
They are considered as incapable to conclude any contracts.73
Witness: blind, deaf, old etc. :
Uśanas holds that even blind, deaf or old men, women, minors could be witnesses in charges of sāhasa. (Aparārka, Kane, P.V. 1968, p.267 ). He is also quoted on ordeals, on svāmipālavivada and on steya.74
Fine to Witness :
Kautilya. has quoted the opinion of Uśanas in this regard. According to the contradiction in the statement of the witness, there shall be pūrva, madhyama and uttamadanda as prescribed in the law of Uśanas.75 Kautilya. quotes Auśānasāh who prescribe fines in cases where witness proved stupid etc.76
Partition:
Kautilya. speaks of aušanasa's method of partition (in all allowing a tenth additional share to the eldest son.77 Moreover, Uśanas speaks of except the diamonds, elder son's share will consist of one extra share.
The principle of Uśanas is that even if the independence of partition of a person is done, there is no independence with regards to his successive share which is earned by him extra (svadhā).78
These are a few legal principles of Uśanas, perhaps, the earliest jurist of ancient India. These principles in relation to the principles of Bșhaspati and Angiras must be interpreted independently to know the real contribution of Auśanasas to this land. Since it is the earliest and the root of the law, its application must be considered in the modern law to see the suitability to modern India.
References : 1. RV.6.20.11; 10.40.7
A number of references in BRSW.: Uśanas 2. RV. 4.12.2 3. RV. 1.51.10