|
The Vedic Law
by Anwar Shaikh |
EDITORIAL
| Fear can be both rational and irrational;
the former is usually constructive whereas the latter is destructive.
In fact, human psyche is governed by fear; not
only does it play a fundamental role in social organization as a system of
reward and punishment but also happens to be the root of religion.
Primitive man's rational fear was aroused by the terrific working of the
natural phenomena such as the sun, fire, day, night, disease, death, etc.
Gradually, he came to the conclusion that there is a Divine power behind
every spectacle of nature, which he termed as a god or goddess. Basing on
his own psychological leanings, he ascribed physical and spiritual
attributes to these deities with a view to creating a human relationship
with them. Man built statues of these gods and goddesses and started
worshipping them to surmount his moods of helplessness and frustration.
This is the source of paganism or pantheism; it is a form of rational fear
because man's instinctive fear has been aroused by the forces of nature,
and its purpose is to protect him from the effects of environmental
harshness through the device of make-believe, which provides relief by
bridling intensity of the intellectual mechanism.
Since paganism is the religion that is not
imposed from without but tailored by man for himself, it is primarily
concerned with human welfare, and not with God's glory. This is the reason
that pagan societies such as Indian, Roman and Greeks were governed by the
democratic principle, which has gradually led to an egalitarian society,
conscious of human rights.
An example of irrational fear is furnished by the
monotheistic religions such as Christianity and Islam. A man who madly
desires to be worshipped as the only God, pretends to be the Prophet or
Messenger of God. To begin with, he claims that he is nothing but a
Servant of the Almighty, who has sent him to guide humankind. Nobody stops
to think that if God really wanted to guide people, he would have created
them flawless. As it is impossible to turn an iron bangle into a gold
ornament just by polishing it with shining yellow dust, badly created
humans cannot be converted into righteous beings just by forcing them to
read the Scriptures. God cannot discharge His responsibilities as the
"Perfect Creator" through the stratagem of Prophethood, which
falls far short of accomplishing its stated aim. It clearly shows that if
there is a Creator God, He is Imperfect, and all human sufferings emanate
from His faulty craftmanship, which a Prophet exploits to create
irrational fear by invoking hell and its constituents such as blazing
fire, cobras, scorpions and bubbling fountains of puss, blood and excrete,
reserved for the unbelievers to drink for quenching their continual
thirst.
Since this world is governed by the Natural Law,
which effectively controls the Universal Organisation and its creative
essence, existence of a creator God is a rational Impossibility. This is
also evidenced by the role of a Prophet or Messiah himself, who eventually
claims to have the absolute powers of salvation, turning God into a
figure-head, who Himself ends up as his sycophant.
Prophet worship comes to depend on what he calls
the Divine Law. It is, in fact, his own brain-child, which cannot cope
with the demands of the changing times, yet it is rigidly imposed on its
followers as a token of faith, with disastrous results. Christendom
released itself from this bondage a long time ago and is reaping the fruit
of this freedom but the world of Islam is still enslaved by it and is
paying its price.
It is usually not realised that people's right to
make laws for themselves during modern times in the form of parliaments
and legislative assemblies is a legacy of paganism, which originated in
India and flourished in Greece and Rome. No monotheistic land ever had a
legislative assembly: it was laid down by God, who is jealous and does not
admit interference in His government.
The pagan theory of law is still preserved in the
Rgveda which was composed in india long before the advent of Christ. It is
humanistic in nature, and deserves a detailed study because it reveals
gradual unfolding of human mind.
I have presented it as "The Vedic Law"
in this issue of Liberty.
- Anwar Shaikh |
The Vedic Law
* "Never forget this word of shine, O singer
which future generation will re-echo." (R.V. 111: 33. 8)
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* This Rgvedic verse is a part of the dialogue that takes place between
the singer i.e. priest Visvamitra and the river Bias. It warns him never to
forget chanting the Vedic holy songs, which the future generations of India must
re-echo to remember their cultural values because without them, they cannot
maintain their national unity which is a must for greatness, grandeur and
godliness. Having disobeyed it, now they pretend that the Vedas are the sacred
books of the Hindus whereas the truth is that being the Indian Scriptures, they
belong to all people of the Indian subcontinent.
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People of the Indian subcontinent have been
wading through a gulf of depression, disgrace and dishonour for the last one
thousand years because they are so overwhelmed by foreign cultures that they
have lost their own. Having, thus, forgotten their origin, they pretend to be
what they are not. These remarks apply especially to the Muslims though Hindus
and Sikhs are not completely immune from it. Claiming to be the children of the
outlandish invaders, they class themselves as foreigners to escape stigma of the
inferiority complex, they have developed through the continuous degradation that
they have suffered. A person is a national of the land where he is born and
bred, but these people have forged their own irrational theories of nationhood
to enjoy the benefits of make-believe, though it is a form of lunacy.
Like it or not, Vedas are the fountain of the Indo-
Pakistani cultures. Since they were composed in the areas now called the Punjab
(both East and West) the Frontier, Sindh, including the lands stretching up to
the now defunct Sarswati river, the Vedas have the same relationship with India
and Pakistan as the Bible and the Koran have with the Arabian Peninsula.
Having lost sight of their national heritage, people of
the Indian subcontinent believe that the Vedas are books on superstition and
idolatry. This is a nonsensical propaganda. Let me explain excellence of the
Veda in terms of Law, the most important subject in the universe.
The notion of Law as an effective natural and moral
force has come to be ascribed to the Stoics of Greece though it is actually
rooted in the Rgveda, composed in the Land of the Seven Rivers, which once
formed an integral part of the undivided India.
As a back-ground to this statement, I may add that Zeno
of Citium (Cyprus), who flourished in the ear1y 3rd century B.C. is acknowledged
as the founder of Stoicism. It is he who is honoured with the division of
philosophy into three parts, namely logic, physics and ethics. Declaring
perception as the basis of knowledge, he asserted that the Wiseman is the model
of human excellence. The most important elements of his doctrine relevant to
this discussion are:
1. Belief in the fated causality that binds all things.
2. The world is subject to the rule of an inexorable
Law, which acts as its Fate, no matter, in what part of the globe we may live.
Therefore, the whole world is like one city and all men are obliged to rise
above narrow national and cultural straits to count as cosmopolitan citizens.
Thus, it is the duty of every human to choose only the acts that accord with
nature, which is universal in character.
This is what determines the stoic outlook associated with
the Cosmic Order, Universal reason and the Law.
To explain it further, I must add that the Stoics
believed in perception as the true source of knowledge. Thus, they thought that
reason is the irreducible element in all things and pervades them as divine
fire. The cosmic order is governed by an unchangeable and tough natural law,
which acts as the Fate of the whole universe including man. As man is world's
citizen, this theory advocates a moral law, carrying universal obligations of
human welfare in terms of loyalty, rights, freedom and justice.
Owing to the moral and political degradation that the
people of India have suffered over the last one thousand years, nobody has been
able to realise that India could have been so great as to conceive such a lofty
concept of Law. So that my dissertation may appeal to reasonable readers, I
shall avoid resorting to far-fetched interpretations and relying on events of
unhistorical nature.
Explaining the Vedic attitude towards knowledge, the
Laws of Manu (Manusmrti) 12: 83-85 state that understanding of the self is
traditionally regarded as the ultimate knowledge; it is the first of all forms
of learning because through it immortality is achieved: Clause: 90, takes this
assertion to its logical conclusion when it adds that a person, who engages in
certain learning activities, becomes equal to gods. In the Vedic terms, as I
shall explain later, godhead means attaining moral perfection, which assures
immortality.
The Vedic Law is inspired by the vastness and
inclemency of the cosmic fear, which makes man curious and he wants to know the
truth about the natural phenomena, purpose of life and the right path to reach
the proper end. It should be remembered that the Vedic gods neither frighten nor
beg man to worship or obey them. Whatever, man does, he does it out of his own
free will. If he seeks God's help, he is welcome to do so. Here is a difference
between the Stoic and Vedic approach: the former is bound by Fate, the
unchangeable, ruthless, governing Law of the Universe, whereas the latter holds
man responsible for his action while acknowledging the total, tough and
tyrannical grip of the natural Law, which applies to the physical world in its
entirety, but only partly to man, who is endowed with a free will so that he can
attain a godly character instead of staying a slave to Nature.
Here is a part of the Rgvedic Hymn GLXXXV of the First
Book, which is dedicated to Heaven and Earth:
1. Whether of these is elder? Whether later? How were
they born? Who knoweth it, ye sages? These of themselves support all things
existing, as on a car the Day and Night roll onward.
2. ................ Protect us Heaven and Earth from
fearful danger.
4. May we be close to both the Worlds who suffer no
pain, Parents of gods, who aid with favour Both mid the gods, with Day and
Night Alternate. Protect us Heaven and Earth from fearful danger.
5. .................... Protect us Heaven and Earth
from fearful danger. Duly I call the two wide seats, the mighty the general
Parents, with the god's protection. Who, beautiful to look on, make the
nectar. Protect us Heaven and Earth from fearful danger.
7. Wide, vast, and manifold, whose bounds are
distant, - these, reverent, I acdress at this our worship. The blessed Pair,
victorious, all sustaining. Protect us Heaven and Earth from fearful danger.
8. What sin we have at any time committed against the
gods, our friends, our house's Chieftain. Therefore, may this our hymn be
expiation Protect us Heaven and Earth from fearful danger.
9. May both these Friends of man, who bless, preserve
me, may they attend me with their help and favour. Enrich the man more liberal
than the godless. May we ye gods, be strong with food rejoicing.
10. Endowed with understanding, I have uttered this
truth, for all to hear, to Earth and Heaven. Be near us, keep us from reproach
and trouble. Father and Mother, with your help preserve us.
11. Be this my prayer fulfilled, O Earth and Heaven,
wherewith, Father and Mother, I
address you. Nearest of gods be ye with your protection. May we find
strengthening food in full abundance.
Let me elucidate this hymn summarily:
It has eleven stanzas; at least six of them contain,
the refrain:
"Protect us Heaven and Earth from fearful
danger."
What is the worshipper afraid of? The first stanza
explains it:
The unlimited expanse of the space and the relationship
between the Sky (Heaven) and the Earth frighten him, and he becomes curious
about the nature of the cosmos; helplessly, he wants to know, which of these two
is older; how they came into being. How the Sky, full of stars, is so high and
still without any supports? In his amazement, shaping into consternation, he
asks sages i.e. Wise men if any of them knows answers to these mysteries.
Since every thing seems procreated, the worshipper
believes that the Sky and the Earth are General Parents to both humans and gods
(6) and thus feels that humans are related to gods. This theme of mutual
relationship runs throughout the Rgveda. For this honour, he adores skilfully,
"the blessed Pair, victorious, all-sustaining" and asks for their
forgiveness (8) and protection against the fearful danger exposed by the
immensity and inclemency of the world, governed by the merciless Law.
It is the cosmic fear that raises man's curiosity and
he begins to believe that there is a controlling power behind each of the
natural phenomena such as the sun, the moon, the wind, the fire, the lightning,
the rain, and so on. He calls them gods and godesses, who themselves are
governed by an even higher Power, the Natural Law.
Here is another example of curiosity:
"Whither by day depart the constellations
that shine at night, set high in heaven
above us?
Varuna's holy laws remain unweakened,
and through the night the Moon moves
on in splendour." (R.V. 1: 24. 10)
Varuna (along with Mitra) is the Lord of Law. In this
stanza, the worshipper realises that the constellations appear and disappear
according to the Law of Nature, administered by the Lord Varuna. These laws are
holy and cannot be weakened. The same law that governs the constellations also
controls the movement and splendour of the moon.
Some critics of the Rgveda maintain that its hymns were
composed over a period of centuries, and, therefore, some of its notions do not
belong to antiquity. This opinion certainly does not apply to the Veda's concept
of law because it is mentioned right in the first hymn of the First Book:
"Ruler of sacrifices (Agnil, guard of Law
eternal." (R.V. 1: 1. 8)
Mention of the Law is not restricted to the First Book: it
runs throughout the texture of the Rgveda. The Natural Law as viewed by the
Vedic seers is eternal. Therefore, the cosmos it controls, is also everlasting.
Of course, it is subject to evolution-devolution-evolution, but all these stages
are brought about by the power of the Law Eternal:
"Heaven and Earth, first by everlasting
Order, speakers of truth, are near enough
to hear us." (10. 12: 1)
The next stanza of the same hymn goes even further to
explain authority of the Law Eternal i.e. the Natural Law:
Since every natural phenomenon such as sun is
considered a god, the Rgveda assumes a hierarchy of godhead. It means that at
the top sits the Chief God and the other gods are integral parts of him but the
entire pyramid of divinity - from top to bottom, is brought about by the Law
Eternal, which also controls it:
"As God comprising Gods by Law Eternal,
hear, as the Chief who knoweth, our
oblation ........" (R.V. 10: 12. 2)
These laws have been established by the two Law- Lords
Varuna and Mitra:
"Savitar, God, bath spread on high his lustre,
waving his flag like a spoil-seeking hero.
Their established way go Varuna and
Mitra, what time they make the Sun
ascend the heaven." (IV: 13-2)
It means that Varuna and Mitra have established rules of
the Natural Law so firmly that god - Savitar i.e. the sun, must follow to know
when to rise.
In fact, Savitar is not only under command to obey the
Natural Law but as a god, he has the divine duty to protect each holy
"Lightning all living creatures, never to be
deceived,
Savitar, god, protects each holy ordinance." (R.V. IV: 53. 4)
Here the words: "never to be deceived" are very
potent because they denote that the gods cannot falter in the performance of
their allotted tasks. Also note the following
"None may impede that power of Savitar,
the god whereby he will maintain the
universal world." ( R.V. IV: 54. 4 )
Again,
"Surya transgresses not the ordered limits
set daily by the Lord of Tawny Coursers." (111: 30. 12)
This is a stunning description of the natural phenomena
because it shows that the Vedic seers had some knowledge of the Orbits which the
heavenly bodies observe as the "Ordered limits" to maintain their
movements.
This Law is not only Eternal and fixed but also
changeless:
"Skilled in his (Agni) own unchanging Laws he
waxes like the growing boughs." (11. 5. 4)
Not only the Law is Eternal and changeless but that is the
guarantee of existence.
"May be with sharpened teeth, the Bounteous
Giver, Agni, consume with flame most
fiercely glowing,
Those who regard not Varuna's commandments
and the dear steadfast laws of sapient Mitra." (R.V. 4: 5. 4)
Those who do not submit to the laws of Varuna and Mitra,
must perish at the hands of Agni, the god of fire, who is actually a bounteous
deity. This is a special narrative designed to express contempt for
law-breaking.
Natural law is not a casual affair in the Rgveda
because it has been referred to more than 170 times. In fact, these laws are
statutes for the gods (heavenly bodies) which they must not transgress:
"None of all the gods
transgress his (Indra's) statutes." (111: 32. 12)
To the Stoics, reason is the divine fire that permeates
everything; to the Vedic seer, Law is the heavenly radiance that lightens the
texture of all that exists. Without this truth, the fabulously vast and complex
universe cannot protect its identity.
"Those who by Law uphold the Law,
Lords of the shining light of Law,
Mitra I call, and Varuna." (1. 23. 5)
Mitra and Varuna, the two Law-Lords are not absolute in
their enforcement of the Law. There is still the higher Law by which they are
bound to uphold the rule of the Law in the universe, whose every atom moves
according to the Law Eternal that has been determined for it. For this reason,
all the Natural Laws are fully acknowledged physically:
"None violates his holy ordinance; that
we are his the heavens and earth acknowledge." (X: 10. 5)
"Varuna is the form of law itself:
For Varuna, whose form is law." (V: 66. 1)
Yet Varuna is not the only Law-Lord; this lordship is
shared by another god as well, called Mitra, and their names are usually
pronounced together. Though they are two separate gods, due to their unity of
purpose and action, they appear to be the two aspects of the same entity. Look
at the following:
1. "Ye Mitra-Varuna, firm, strong, awe-inspiring,
are seated on a throne amid oblations
Ye Twain, together, Kings of
willing spirit, uphold dominion based on
thousand pillars (i.e. the world)." (V. 62: 5-6)
Here the two gods have been hyphenated as One; it has also
been stressed that they are seated on a i.e. one throne and are Kings of willing
spirit i.e. they act in unison.
Again, to represent the spirit of the Natural Law,
which maintains everything all the time, they cannot rest even for a moment:
" ...... Lords of Earth and Heavens, Mitra and
Varuna, ye ever active Ones." (V. 63. 3)
It is the vigilence and enforcement power of these two
gods, whose "ever true Laws" establish the Cosmic Order. By "true
Laws" is meant the rules that are effective and everlasting:
"By your high Law, firm order is established .....
" ( V: 62 .1 )
Again,
"Guardians of Order, ye whose Laws are
ever true, in the sublimes" heaven your
chariot ye ascend." (V: 63. 1)
Here is a stunning verse, which narrates supremacy of the
Law over the universe:
a. "Carefully tending Law with Law they have
attained their vigorous might.
The two gods (Mitra and Varuna)
wax devoid of guile." (V: 67. 4)
Again:
b. "Three spheres of light, O Varuna, three
heavens, three
firmaments ye comprehend,
O Mitra:
Waxed strong, ye keep the splendour that
lasts for ever." (V: 69. 1)
Mitra presides over the day and Varuna over the night,
thus they are Lords of the opposite phenomena yet they act as the joint
guardians of the Cosmic order, "Carefully tending Law with Law"
perform the duties of Guardianship. It implies that what these Two Deities
enforce is the positive law for the universe, and it is dictated by yet another
Law, which ought to be termed as the divine Constitutional Law.
Considering the perfect functional dual ity of these
two gods, I am inclined to add that their duality as opposite and equal forces
is entirely different from that of the Bhagavad Gita or Zend Avesta. The
Bhagavad Gita states:
"Be thou indifferent to these enjoyments and their
means, rising above pairs of opposites like pleasure
and pain." (Ch. 2. 45)
Again,
" ... the wise man to whom pain and pleasure are
alike, and who is not tormented by these contacts,
becomes eligible for immortality." (Ch. 11. 15)
These statements allude to the active contrariness, which
denotes mutual war and therefore, cannot be reconciled. This philosophy in fact,
acted as the model for the Stoic doctrine that teaches passiveness to pain and
pleasure, effects of heat and cold and the differences of sweet and sour. This
is how they wanted to create a social attitude of apathy to the cruel workings
of the Fate.
Since it is the search for goal that makes life mobile,
mirthful and majestic, the passiveness engendered by this doctrine weakened the
zeal for living in India. The insensibility to realities of life, was
accelerated by this indifference, which assumed the form of a divine
commandment:
"Your right is to work only, but never to the fruit
thereof. Let not the fruit of action be your object, nor
let your attachment be to inaction." (Ch. 2. 47)
This also became the motto of the extreme Socialism during
the middle of the 20th century. It is strange that neither the Stoics nor the
Socialists ever acknowledged their indebtedness to the Bhagavad Gita.
Zend Avesta, ascribed to the Iranian Sage Zaratushtra,
preaches the religious dualism, which is eternal, evocative and erasing. It
holds that this world consists of two basic, opposed, and irreducible principles
or gods that count for all that exists and are perpetually at war with each
other. Zorostrian doctrine preaches that there are two Deities - Ahura Mazda,
the God of good and Ahriman, the God of evil; they are opposite and equal in
power, and engaged in an everlasting struggle.
Why is the Vedic dualism of Mitra and Varuna different?
It is mind-boggling to realise that the Vedic seers knew that the universe is
based on the principle of duality, yet the opposites are not adversaries but
mates: their contrariness is the secret of their companionship and renders them
as two aspects of the same reality. Take, for example, the electric charges
which are opposite and equal. Their function is to push and pull. To explain an
act of motion, let me suggest a cart being pulled by a man from the front and
pushed by another from behind; they are, in fact, assisting each other. Again,
two persons confront each other when they push and pull some thing with an equal
force This is how they create tension to stabilise the object. Therefore, their
contrariness is a form of positive brotherhood. In fact, the Rgveda describes
the duality of several gods in the same sense. For example, the duality of Agni-Soma,
Indra-Vayu, Dyaus-Prithvi, Indra-Vsnu, is quite well-known.
This illustration ought to provide insight into the
duality of the two Law-Lords under discussion and must also explain why
"Veda" means wisdom or knowledge.
Another name for the Eternal Law is Rta, which
refers to both the Cosmic Order and the regulatory principle of the world. It
also denotes the moral law, fate or will of the Supreme God. Having dealt with
the physical aspect of the natural law, now let us examine its moral aspect:
The Cede literary means knowledge, and for this reason,
the Rgveda has laid a great emphasis on the virtues of understanding and
intellect.* The basic Vedic prayer is all about personal enlightenment and not
wealth:
a. "We meditate on that excellent glory the
Divine Vivifier. May he stimulate
our understandings." (R.V. 111: 62. 10-11)
* Send to us all intelligence and wisdom (O Indra)."
(R.V. IV: 22.10)
b. "No mortal man, no God exceeds thy
mental power. O Mighty One:
O Agni." (R.V. 1: 19. 2)
After all, it is superior intellect that differentiates
between animals and humans. This is the basis of morality. Again, the ability to
comprehend better, creates greater persons. Thus the purpose of the Vedic prayer
is to enlist God's help to improve one's intellectual stature.
According to the Veda, the Law and knowledge are
interwoven. This is a very important aspect of the Law because it has a direct
bearing on morality:
"By Law they came to (know) truth, the Law's
Observers, bright by their birth, and pure,
and sanctifying." (V1: 57 V11: 56.12)
The hidden meanings of these verses are simply beautiful:
the law of water is H20 i.e. when two parts of hydrogen combine with one part of
oxygen, water comes into being. This law, one can discover through knowledge or
meditation only.
The Rgveda emphasises that knowledge is an attribute of
godhead:
"The God who knoweth all that lives." (R.V. 1:
50. 1)
Obviously, if God does not have a thorough knowledge of
the universe, He cannot govern it. But mere knowing is not enough to control the
Cosmic order that is based on an unbending Law. Therefore, the true knowledge is
the knowledge of the Law that pervades every atom of the universe, bestowing
upon it the secret of procreation, progression and preservation.
Since the Law of Nature means two and two make four, it
is always, clear, candid and constructive. The Law whose practice does not lead
to virtue, veracity and victory, either it is itself a wrong law, or its
practice is false, fictitious and frivolous. Therefore, unless a person is
righteous, he cannot follow the Law.
"Agni like (god) Bhaga, leads the godly people,
he who is true to Law ... " (R.V. 111: 20.4)
No doubt that Mitra and Varuna are the Law-Lords but Indra
is the Chief Vedic God, who unlike Yahweh, the Jewish God, is not parochial. Nor
is he like Allah who hates the non-believers Indra is the universal God:
"Thou (Indra) as a God, O mightiest, verily
blessest
mortal man.
O Maghavan, there is no comforter but
thou: Indra I speak my words to thee.
And measure out to us, thou lover of mankind,
all riches ... " (R.V. 1: 84-19)
As Indra is the Lord of all mankind, he is not a parochial
deity but the universal God. Also note the following verses that testify to
Indra's universality:
a. "He (Indra) who is Lord of all the world that
moves and breathes ... " (R.V.1: 101 - 5)
b. "Or may our Indra hear, the Friend of all
mankind ...." (R.V. Il: 31 - 3)
c. "O Indra who supports mankind." (RV 111:
37 - 4)
Since Indra is the One God for all mankind, the Cosmic
Law is the same that pervades the entire world, and therefore, the vedic Moral
Law is also universal and not restricted to any particular locality.
Regrettably, the Western writers have erroneously ascribed its roots to Greece.
From the above, it is clear that the origin of the
Natural Law is the Veda, whose tenets gradually reached the West over a long
period of time through the migration of the Aryans from the *Punjab (India).
Small wonder, there is an uncanny resemblance between the Vedic and the Greek
views, which the Europeans adopted afterwards. Readers ought to examine the
following points:
Plato believed in the prevalence of Natural Law, which
he called "justice." Aristotle held: "There is a natural law or
justice that everywhere possesses the same authority and is no mere matter of
opinion." He advocated that perfect natural law, discoverable by the use of
reason, embraces citizens and their life in society, but slaves cannot share it.
However, they may receive it from the good treatment of their masters. He also
excluded the barbarians from this blessing. However, the Stoics believed that as
reason is a characteristic of all humans throughout the world, all men, and not
just citizens, are equally entitled to the protection of the Law. Thus, they
declared that the laws of nature and morality were identical. On the authority
of this doctrine, they held that the state of nature is one of harmony,
regulated by reason. However, human beings have been perverted by selfishness,
and the task confronting mankind was to restore its real virtue by framing
suitable laws.
* My book: "Man And God" explodes myth of the
"Aryan migration from the Russian steppes" that the Western writers
forged for political reasons, and establishes beyond a reasonable doubt that the
Aryans were the natives of the Punjab. Being followers of the Rgveda, they were
highly civilized, brave and adventurous. It is they who brought various branches
of knowledge (Veda) to Europe and elsewhere.
One can see that the Stoic legal philosophy in terms
of Natural Law is an appendage of the Vedic doctrine. As I shall discuss later,
its moral laws are also close to the Vedic morality.
The Indians, having lost their economic and political
glory, were to forfeit their cultural prestige like the Italians, who, for
centuries had acted as the fountain of European civilization: people worship the
rising sun, which is the source of light, life and lustre; the setting sun is
only a provenance of darkness, dole and dreariness. The fruit of the Indian
philosophical efforts eventually appeared in the 17th-century Europe as legal
renaissance. Hugo Grotius, the Dutch jurist, was the first person to initiate
the discussion, which treats natural law as the collection of those rules that
seek to assert man's essential nature to be found in all people irrespective of
local differences. Therefore, it is easy to detect and formulate the immutable
rules of the Natural Law. He stressed that man is distinguished from animals by
his appetite for peaceful association with fellow beings and by his ability to
put into practice the general principles of behaviour. Pointing out some
universal characteristics of mankind, he declared if people were to live
peacefully, they must do what everybody desires, that is, to keep their
promises, recognise the human feelings for equality, respect for justice,
parental responsibility and marital fidelity. In Vedic terms, he thought that
the Law is holy and only those attain peace, prosperity and prestige, who follow
it sincerely.
Hugo also propounded a version of the social contract.
Different thinkers have held opposing views about man's state of nature: some
believe it was a nice human condition but others describe it as a nasty one.
Depending upon the version of this theory, people exercised their natural reason
and formed society by means of a contract with other individuals. Thomas Hobbes
proposed a theory of social contract leading to authoritarianism. John Lock's
version of social contract was a bit milder to suit the requirements of his age.
MontesquieU thought that the natural laws that existed before a formal society
came into being, were superior to the laws that were promulgated by state or
religion. Rousseau, however, condemned the "civilised" man by
announcing that the savages had been virtuous for having no formal society; the
early man was actuated by two principles "prior to reason," that is,
self-preservation, and compassion (feeling of sympathy and mercy for others).
When entering a social contract, people did not surrender their natural rights
to any particular sovereign but to the society as a whole, and this is what
formed the basis of their freedom and equality. Since society came into being
for this purpose, it is for the society to confirm these rights as civil
liberties. Thus, society and law are dependent on general will i.e. the common
consent of the people as distinct from parliamentary will.
These Western theories which have stimulated human
conduct, are of recent origin but the Indian views of social contract, emanating
from the Vedic principles go back, 2500 years. A *study of Arthasastra clearly
shows that its author Kautllya knew of such an opinion and acknowledged that it
was not his invention but had been handed down to him by the previous
generations: "Having been afflicted by anarchy, people realised the meaning
of Matsya-Nyaya i.e. the practice of the bigger fish swallowing the minnows.
They elected Manu, son of Vivasvat, to be their king, and allotted him one-sixth
of their grains and one-tenth of their merchandise as his share. Subsisting on
this wage, kings become capable of giving safety and security to their subjects
and removing their sins. Hence hermits too, provide the king with one-sixth of
the grains gleaned by them, saying to themselves: 'it is a tax payable to him,
who protects us.'"
* Ancient History of India by D. R. Bhandarkar, P. 119
The Vedas advocate democracy/elective monarchy. This
Vedic principle of social contract confirms it; it is surely the first to
delineate the purpose and significance of taxation i.e. setting up a sound
government with common consent and paying for it through taxes in return for
safety and justice.
Buddhism is anti-Vedic but, being a doctrine of Indian
origin, has been influenced by the Vedic traditions; theory of social contract
is one of them. The Agganna- Suttana of the Digha-Nikaya, connected with the
Southern Buddhists states that originally, mankind was righteous. When
corruption became overwhelming, people elected Mahasammata, the most handsome
man, as their Rajan i.e. monarch to punish rogues and reward the righteous.
From these two versions, it is evident that man is
liable to corruption and its terrible aftermath. Therefore, he needs an
organised community through a social contract in which free will of an
individual plays the vital role. These Indian theories explain that framing a
society through social contract for protecting civil liberties is an
integral part of the Natural Law.
As stated earlier, it is RTA which controls the
Cosmic Order, and both Natural Law and Moral Law are its basic constituents.
Having dealt with the former, now I may explain the latter.
The Vedic Law of Morality is based on Karma, which
simply stated means: one reaps what one sows. Therefore, one's salvation or
spiritual magnitude depends on one's morality, and not on such concepts as Grace
or Intercession. Again, the Vedic moral law, like its natural law, is also
universal; locality, race, colour, social class or station of birth play no part
in it at all. One can take with a pinch of salt, the stories that have been
hatched to the contrary for fooling people. It is only man's behaviour that
matters:
"He hath declared the lore of works to
mortals, Agni the Wise, for he knows
Law, the Truthful." (R.V. 1: 1435.5)
Having already stated that the Vedic doctrine of Divinity
is hierarchical, and the Lord Indra, who sits on top, is the lover of entire
mankind, I need not over emphasise the Vedic view of universality which
permeates its fabric of morality. However, I may quote the following to make the
point:
"The races of mankind are great oppressors:
burn up malignity (O Agni) that strives
against us." (R.V. 111: 18. 1)
As the Vedic natural law, in relation to social contract,
is based on the elective principle, its concept of moral law is firmly rooted in
the dignity of human rights because a Vedic man is not a slave of God, who is
obliged to pray, prostrate and panegyrise. Nor do the Vedic gods threaten or beg
man to adore them. The true relationship between gods and men is that of
friendship, and not servitude. For this reason, man is entitled to choose his
god/s:
"We elect this heavenly company.
Indra and Vayu we elect." (R.V. 1: 134. 1)
The relationship between gods and man is reciprocal: a
devotee believes that his gifts and sacrifices increase a god's strength to make
him mighty. Therefore, he must repay him (the devotee) with worldly favours:
"Grown great through strengthening gifts
at each liberation, he (Indra) bath become
renowned by mighty exploits." (R.V. 111: 36.1)
Because of this reciprocity, man and gods are friends. Man
is not the menial, who can be slighted by the deities:
"Slight us not Varuna, Aryaman or
Mitra, Rbhuksan, Indra or the
Maruts ....... " (R.V. 1: 162. 1)
Instead, nnan expects friendship and kinship from gods:
"Agni, with you gods, prosperous be our friendships
and kinships." (R.V. 1V: 10.8)
Again:
"Ye, O ye gods, are verily our kinsmen;" (R.V.
11: 29.4)
Also
"Or may our Indra here, the Friend of all mankind
.......... " (R.V. 11: 31.3)
However, the friendship of gods cannot be earned just by
praying or offering libations and sacrifices. It has got to be earned through
toil, which is another description of Karma i.e. righteous behaviour:
"Not without toil are gods inclined to
friendship." (R.V. 1V: 33.11)
This short discussion confirms that the Rgveda offers a
special view of human rights, which has not been advocated by any theocratic or
monarchic form of government. Stated briefly, it means: Gods are not entitled to
slight man because he is not their menial but a relative. Thus, he is a
potential god and cannot be enslaved. Therefore, man has a fundamental right to
freedom, felicity and fullness. Being relatives and friends of man, it is the
duty of gods, who derive great benefits by way of strength, from human libations
and lauding, to protect these fundamental human rights. It is quite different
from the Semetic religions, which hold man as God's slave and command him to
commit atrocities against fellow humans to deprive them of their basic
liberties.
Secondly, as Karma or personal merit is the way to
prosper morally and legally, people's rights shall not be usurped or injured
through fraud, favour or foul practices.
Thus human rights are protected by the positive law as
well as moral behaviour of people. However, the Vedic moral law has an unlimited
application, and its full discussion falls outside the scope of this
dissertation. Yet I must add that according to the Vedas, high morality leads to
godhead.
The Rgveda states that gods are gods because they are
righteous and oppose wickedness:
a. "All Gods devoid of guile." (R.V. 1: 19.3)
b. Indra is guileless. (R.V. 111: 32.9)
c. " ... On us descend the bounty of the
righteous gods." (R.V. 2: 89.2)
To be brief, it is the duty of gods to fight evil: "(Indra)
For us make Vrtras easy to be conquered, destroy the weapon of our moral
foes-man. (R.V. IV: 22. 9): there are many such references to the God Indra, who
destroyed Vrtra, the symbol of evil. According to the Vedas, gods are also a
creation. Again, as the Vedic Divinity is hierarchical, naturally, the gods
are graded:
"Glory to gods, the mighty and the lesser,
glory to gods the younger and the older." (R.V. 1: 27.13)
It is evident that Godhead is a limitless ladder, which
one can keep climbing according to one's moral capacity and the quality of
Karma. Why? Consider the following:
a. Was when the gods came, after they had
slaughtered the Asuras, keeping
safe their Godlike nature." (R.V. X: 157.4)
b. Loving us well, benevolent, close beside
us, drink, Godlike Indra." (R.V. IV: 20.4)
It may look look strange that all deities including
Indra, the King of gods, are Godlike. Thus, despite; the divine dignity they
possess, they are only Godlike, and still have a long way to reach the ultimate
apex of Godhead! It proves that man and gods are essentially one and he (man)
can reach the divine status through personal effort.
The Moral law, which is an individual approach,
expects man to adopt the road of righteousness under its guidance but in
conjunction with the rational law, because they are twin brothers.
However, the Vedic moral law is not an exclusively
individual affair because it also plans to eliminate evil through a righteous
society, which represents collective morality. In addition to the power of fair
taxation, it uses the charitable nature of the affluent to bring about a
righteous society dedicated to removing poverty, ignorance, disease and
injustice.
In the Vedic society, nobody goes hungry:
a. Thor thou (Agni) with might Divest much food in
cattle even to the wicked wolf when he is hungry." (R.V. VI: 13.5)
b. "0 wealthy God (Indra) never may I live to
see my friend or son in need." (R.V. VIII: 45.36)
In the Vedic Society, poverty cannot be tolerated:
"...for fear of penury.
Shall not Puruvasu, the singer, give thee (Indra)
praise." (R.V. V: 36.3)
In this verse, Puruvasu, the singer, is the priest who
praises God' is openly declaring that if it was not the fear of poverty, he
would not adore Him. Plainly, it means: no Divine bounty, no worship!
To shorten this discussion, I may quote a few verses of
Hymn GXVII from the Rgveda, book X, dedicated to Liberality. They give an idea
of the Vedic Society:
1. The gods have not ordained hunger to be our death
.....
3. Bounteous is he who gives unto the beggar who
comes to him in want of food and feeble.
4. No friend is he to his friend and comrade, who
comes imploring food, will offer nothing.
5. Let the rich satisfy the poor implorer ...
Riches come now to one, now to another and like the wheels of car are
ever-rolling.
6. ... All guilt is he who eats with no partaker.
7. The liberal friend outvalues him who gives not.
8. Twins even differ in their strength and vigour:
two, even kinsmen, differ in their bounty.
No 1 means that nobody should die of hunger. Nos. 3 and 4
condemn the miser, but commend the liberal, to differentiate between the moral
and social worth of the two.
Stanza no. 5 lays it down that a rich person has a
moral obligation to help the poor, and withholding assistance from the needy is
a gross act of guilt. Thus, the community has the right of action against the
guilty miser but they cannot rob him in the name of law or morality to effect
social equality because even the twins are not exactly alike (nos. 6, 7 and 8).
The Vedas do not preach communism, which is a legacy of
the Old testament. (Exodus 16: 16)
What I have discussed so far is a broad discussion
of what may be termed as the Constitutional law of the Veda. Now let us have a
look at the positive Vedic law as it once prevailed in the Gang-Jumma Doab:
Sir Monier Monier-Williams translated the famous
Sanskrit drama "The Clay Cart" into English. Some translated scenes of
it, have been preserved in the "International Library of Famous Literature,
" Vol. 2. The translator's note to the drama says: The earliest extant
Sanskrit play; attributed to King Sudraka, who is said to have reigned in the
first or second century B.C."
Before I quote from this famous Indian work, which is
well over 2000 years old, I am inclined to add that the ancient wisdom of India
has not been appreciated in the West: about ten years ago, I read an advert in a
paper stating that " Indian drama: The Clay Cart, written during 1200 A.D.
was to be played ..."
They knocked more than 1000 years off its antiquity.
What an injustice to the Indian arts, which rank among the oldest that humanity
have produced!
In the ninth act, the playwright gives an outline of
the judicial system that prevailed in India long before the advent of the
Christian Era. The actor (judge) soliloquizes thus:
How difficult our task! to search the heart,
To sift false charges, and elicit truth!
A judge must be well read in books of law
Well skilled in tracking crime, able to speak
With eloquence, not easily made angry,
Holding the scales impartially between
Friends, kindred, and opponents; a protector
Of weak and feeble men, a punisher
Of knaves; not covetous, having a heart
intent on truth and justice; not pronouncing
judgement in any case until the facts
are duly weighted, then shielding the condemned
from the king's wrath, and loving clemency.
This is a description of the judge, his qualifications,
personal qualities and the standard of justice: he applies law with complete
neutrality but dispenses justice with mercy to mitigate effects of harsh laws
and to give benefit of doubt in deserving cases!
The legal and judicial standards, which were practiced
in ancient India, are rarely matched even in modern times.
This historical truth is supplemented by the
playwright's description of the architectural splendour of the law courts,
magnitude of legal thinking, hustle and bustle of the attorneys and abundance of
the litigants:
The court house looks imposing, it is like
A sea whose waters are the advocates
Deep in sagacious thought, whose
waves are messengers
In constant movement hurrying to and fro,
Whose fish and screaming birds are vile informers,
Whose serpents are attorneys' clerks, whose banks
are worn by constant course of legal action.
After this introduction, I should quote from the actual
law-book of ancient India called Manusmrti or Manavadharmasastra, known as the
Laws of Manu in the West. It is an oral tradition, that is, its contents were
handed down verbally from father to son. But as it was the Sastra i.e. the law
of the land, it must have been known in a systematic form so that quotations
could be made by the contending lawyers to support their pleadings. It is
different from Sruti i.e. revelation that the vedas are believed to be. The
Manusmrti is considered as the "Hindu law-book" and is supposed by the
Western writers to have been composed just before the beginning of the Christian
era.
It is difficult for me to accept any of these
assumptions: the word "Hindu" does not appear anywhere in the sastras.
This is the law of India and is a matter of pride for all Indians irrespective
of their religion. Again, it developed from the tenets of the Rgveda, whose
antiquity goes back to 6000-7000 years. Even the Western scholars have begun to
acknowledge that the Rgveda was composed c.1500 B.C. Therefore the Manusmrti has
got to be much older than 2000 years. I believe that initially this law was
practiced in the Land of the Seven Rivers (Punjab); when the Harappa
civilization collapsed, most people from these territories emigrated to the
Ganga-Jumna Doab, taking this Law with them, and developed it further over a
period of centuries, making it extremely caste-conscious.
That Manusmrti is based on the interpretations of the
Rgveda, is proved by the following:
1. The Veda is the eternal eye of the ancestors, gods
and humans, and it is impossible to measure or master its teachings. (12: 94)
2. All those doctrines - good and bad - which are
outside the Veda, are based on darkness and have no relationship with the life
after death. (Ch. 12: 94-96)
Again,
The supreme good of man is the knowledge of one's self
which is inspired by the Veda. This knowledge of self is the ultimate and is the
first of all forms of the Vedic learning that assures immortality. (Ch. 12:
83-85)
A man who knows the true meaning of the Vedic teachings
becomes fit for union with the Ultimate Reality even during his life on this
planet, irrespective of how old he is. (Ch. 12: 100 - 102)
The basis of the Laws of Manu is the Vedic customs of
the people as developed by their ways of life over a period of time. This is
really stunning:
"He (the king) should ordain as the Law whatever
may be the usual custom of good, religious twice- born men, if it does not
conflict with (the customs) of countries (i.e. localities) families and
castes." (Ch. 8: 46)
This clause is so brilliant that it contains germs of
modern law-making: it states categorically that it is not king's will that is
the law of the locality but it is its customs that carry the legal authority.
Again, the evil customs must be discounted, and it is only the good customs that
shall be chosen for this purpose.
Custom refers to a general practice of a locality that
has become a significant habit. Initially, Common Law was based on what had
become customary in the country at large. To give the Law of the land a national
character, customs of wider application were incorporated in Common Law; minor
customs as well as the evil ones were ignored. Again, it should be noted that
this clause of the Law of Manu has a great jurisprudential significance because
in keeping with it, the Western jurists realised that:-
1. a Custom to rank as law must have been enjoyed as of
right, peaceably, continuously and uninterruptedly from time immemorial, and
2. it must be reasonable, certain and obligatory. The
custom to be practiced at will could not form the basis of law.
In most European countries, the legal systems were mainly
of customary origin, which were enlarged nationally to satisfy the legal needs
of the country as a whole.
Here are some laws of Manusmrti, which exhibit their
legal splendour:
"No father, teacher, friend, mother, wife, brother,
son or personal priest should go unpunished by the king (judge) if he fails in
his duty." (Ch. 8. 335)
Since a king or judge is the pillar of justice, he ought to deserve much greater
punishment than an ordinary person:
"If a common man, guilty of an offence, is liable
to be fined 'one scratch-penny,' the king must be fined a thousand, and this
rule must be observed strictly." (Ch. 8. 337)
Here is the law that only the most civilised country could
have produced. It says that punishment should be proportionate to crime:
"The king should impose a fine strictly in
proportion to the amount of pain caused to a man or animal." (Ch. 8. 287)
The significance of this law becomes evident when we
realise that even today many lands do not appreciate the wisdom and fairness of
this law; they believe in sadistic and retributive punishment. For example, the
daily "News" of London reported in its edition of fourth February,
1999, that an Iranian court had ordered that the hands of a 38-year old woman
must be amputated, and thereafter, she must be hanged for robbing and killing
another woman.
The reason for this punishment is that Islam prescribes
amputation of hands for theft, and death for killing. The Laws of Manu do not
permit undue severity in carrying out punishments:
"When the king has accurately ascertained the
motive and the time and place, and has considered the strength of the criminal
to endure punishment and the offence itself, he should then inflict punishment
on the guilty." (Ch. 8: 127)
Some Laws of Manu are incomparably ahead of the most legal
codes even today. See for yourself:
a. "When a part of the body has been injured, a
wound inflicted, or blood shed, (the attacker) must pay (the victim a sum
equal to) what it costs to restore him to health, or he may pay the whole
(cost to the king) as a fine." (Ch. 8: 287)
b. "The king must give back to men of all
classes the property taken by thieves; a king who converts it to his private
use, becomes guilty of theft." (Ch. 8: 40)
The modern Jurisprudence requires that the offender makes
good all the losses that he has caused to the victim, but this suggestion has
not been enacted anywhere except a few European countries. Again, making the
state responsible for paying back to the owner what a thief may have stolen from
him, is a unique law in its own right.
The Laws of Manu specify eighteen causes of action,
which touch on all aspects of life. In addition, there is a comprehensive law of
contract, whose rules are as modern as can be. For example they say:
1. A contract is not valid until it is entered into by
a person who is entitled to do so; an unauthorized person or someone who is
drunk, mad, in agony, totally dependent, child or an old man, cannot enter into
a legal contract.
2. A verbal contract has no validity even when it is
well supported, if its contents do not conform to the pattern of justice and
normal rules of business.
3. Anything acquired, sold or pledged by fraud lack
legitimacy and therefore such transactions are null and void.
4. No contract is valid if it is a product of duress.
(Ch. 8: 163-168)
In a separate article entitled "India In
Europe," I had claimed that the Aryans originated in the Punjab where hymns
of the Rgveda were composed. As they emigrated to the European lands, they took
with them the Vedic doctrines, which eventually flourished into Western
civilisation.
I have already stated a few points, which allude to
this fact, but now I may furnish more legal examples to sustain this claim:
1. The Law of Peers:
"Women should stand witness for women, and twice-
born (high caste) men for twice-born men who are like them - men born of the
lowest castes for men of the lowest castes." (Ch. 8: 68)
It means trial of like by like, that is, people of a
certain class can be tried by the members of the same class only. During the
14th century, the English Parliament frequently resorted to the principle:
"trial by the peers." It meant the Lords should be tried by the Lords,
Commoners by the Commoners and the Clergy by the Clergy. During the reign of
Richard II (1377-99), the Lords used this doctrine effectively to impeach their
fellow-lords, eventually causing downfall of the monarch.
2. Patriarchal System:
"Men must make their women dependent all the tinne
and keep them under their control. Her father guards her in childhood, her
husband guards her in youth, and her sons guard her in old age." (Ch. 9:
2-3)
This Law of Manu was vigorously adopted in Rome and
Greece, and even their laws of mixed-marriages i.e. patricians marrying the
plebes, free men marrying slave girls were similar; the rights of their children
were similar to the rights that prevailed in the Vedic society of India.
3. Ordeal
In ancient times, Ordeal was a legal method of
establishing truthfulness of a person's conduct or statement through the
supernatural agency, which was supposed to intervene on the side of the right.
For example, two people, as in the European Middle Ages, could be ordered to
fight a duel: the Victor was held to have been aided by God to establish the
veracity of his case.
This is known as Ordeal and carried authority of the
Law. The test could be walking through fire, putting hand in hot oil, jumping
off a high mound, or ducking the suspect in water as they did witches in
England. If the person put to such a harsh test survived, he was acquitted,
otherwise he was supposed to have received natural justice.
Ordeal as a legal process for establishing the truth,
played a significant role in the English feudal trial procedures, Iranian
rituals of fire and water and in the medieval legal systems.
Scholars have traced the origin of Ordeal to the
Rgvedic hymn GLVIII (Book: 1 ) where "Dirghatamas had been subjected to the
Ordeals of fire, water and single combat with a man called Traitana, and
preserved in all three by the *Asvins."
* The two complex deities of heaven.
In fact, testing fidelity of a suspected wife by an
ordeal became a code of the Hindus. Manusmrti states this law clearly.
"The king should make him (the suspect) carry fire
or have him ducked under water .... If the flaming fire does not burn him and
the water does not raise him up, and he experience no harm at all, he should
be acknowledged as true to his oath of innocence." (Ch. 8: 114-115)
The next clause i.e. 116 states that when Vasta was
accused by his younger brother, he was put to the ordeal of fire but it did not
burn even one of the hairs of his body.
It ought to be noted that Ordeal was a part of the
process of trial: clause 113 explains it: the suspect was requi red to speak the
truth under oath: a priest had to swear by truth, a ruler by his horse, chariot
and weapons, and a commoner by his cows, seeds and gold, and a servant by all
the crimes.
This Vedic doctrine, no matter how tough, tedious and
torturous, helped mankind evolve codes of law.
4. Wergild
It is said that wergild is an ancient Germanic law, and
denoted the amount of compensation that a person paid to an injured party or the
survivors if he caused someone's death. Usually these damages were assessed in
relation to the social status of the victim, and constituted an informal
payment. The wergilds of a feudal lord, a clergy, a woman, a commoner - all
varied. The Anglo-Saxons and early Franks practiced it.
Wergild is clearly mentioned in the Rgveda:
"And yet full many a one, unpraised, mean niggard,
is entitled man: Only in wergild is he such." (R.V. V: 61-8)
This stanza does state the principle of paying wergiled
i.e. compensation for one's wrong-doing but understanding of the literal meaning
is difficult. However, it appears to indicate that even a miser who cannot be
called a man owing to his meanness of character, becomes a man, when he has to
pay wergild i.e. he is willing to pay any compensation to get out of trouble.
However, Manusmrti does explain it well. Though I have
already described it, I may quote it again for readers' convenience:
"For damaging all kinds of trees, a fine should be
imposed in proportion to their usefulness,
...The assailant must pay the injured what it costs to restore him to health
... " (Ch. 8: 285 and 287)
The beauty of this Vedic law emerges when it equally
applies to the state whose foremost duty is held to be the protection of
people's life and property:
"The king must give back to men of all classes
property taken by thieves ... " (Ch. 8: 40)
5. The Vedic Judo-Christian Law
Here is a Vedic law which clearly shows the Vedic
influence on the Middle Eastern Culture, and the Reformation that took place in
Europe:
" ... who brings you homeward, as the widow bedward
draws her husbaný˙˙˙‚
Its meaning is explained by Manusmrti in IX: 69-70
"If the (would be) husband of a woman dies when
their promises have been given verbally, her own brother-in-law should take
possession of her."
"When she is wearing a white dress and has made
an unpolluted vow, he should have sexual intercourse with her according to
this rule, once during each of her menstrual period, until there is a
child."
Now, look at the Mosaic Law (Deut. 25: 5-6)
"If brethren dwell together, and one of them die,
and have no child, the wife of the dead shall not marry without unto a
stranger; her husband's brother shall go in unto her, and take her to him to
wife, and perform the duty of an husband's brother unto her."
"And it shall be, that the firstborn which she
beareth shall succeed in the name of his brother which is dead, that his name
be not put out of Israel."
The Vedic and Mosaic laws, in essence, are one and the
same; one ought to overlook the play of words.
Execution of this law, forced Henry VIII of England to
wed Catherine of Aragon, his brother's widow. He hated this marriage but the
Pope would not allow divorce. To sever his marital relationship, Henry became a
Protestant, causing a lot of upheaval in Christendom: the Church of England is
the child of this law!
I may conclude this discussion with the remarks that
the Vedic Law does support Caste System but must insist that it is based on
misinterpretation of Purusa X: XG; it is utterly against the Vedic principle of
human dignity. Aristotle held a similar legal opinion about the slaves.
Caste System is truly the Frankenstein of India. This
monster has destroyed the national unity of the Indian people and shall never
allow them to be a great nation owing to its devisive effects.
I shall return to this theme later, but now must add as
a footnote that the Vedic society differs in one respect from any other society
in the world: it treats practice and patronage of fine arts as an act of such a
great righteousness that it can elevate man to the status of God:
"Ye (Rhbus, the mid-air deities), whom your
artistic skills bath raised to Godhead ..... Ye have become immortal." (R.V.
1V: XXXV. 8)
About Indra, the Chief God, Rgveda says:
1. "He is the lover of songs." (VI: 32. 4)
2. "From Indra I have measured out a song
eight-footed with nine parts Delicate, faithful to the Law." (VIII: LXV.
12)
From the above quotations it transpires that the Chief God
is not only the lover of songs, hence a musician, but also the originator of the
art of poetry. He has also been described as a dancer.
Obviously, the practice of fine arts contributes to
one's moral dignity, raising one to the status of Godhead.
On the contrary, a practitioner of fine arts was held a
profligate in the Christian and Islamic worlds. He was believed to be a disciple
of Devil, and therefore:, destined to go to hell. The Puritanism of England and
other European countries that led to usurpation of human liberties, was the
result of this attitude.
This mark of distinction is peculiar to the Vedic
Society, which vouches for its grandeur, greatness and godliness, and thus one
feels obliged to ask questions about the nature of the Vedas, the land of its
composition and the whereabouts of its composers.
I shall endeavour to answer these questions in the next
chapter.
N.B. "The Vedic Law" is the second
chapter of Anwar Shaikh's unpublished book "Man And God" which
discusses man in relation to God and offers a comparative study of major
religions of the world including a rational and historical investigation into
their origins and purposes.
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