Adopting Manusmriti as a referral text is nothing new in Indian Judiciary. It has been a quite common practice to quote Vedas and scriptures such as Manusmriti while hearing cases related to Hindu rights, family disputes, and inheritance. Manusmriti has been a quite common referral text while hearing cases related to Hindu rights, family disputes, and inheritance in India. Lately, some courts have quoted Manusmriti even in cases like while considering a petition for the medical termination of pregnancy of a minor rape survivor as was done by Hon’ble Gujrat High Court or statute of Manu at the Rajasthan High Court, or Allahabad High Court directing the astrology department of Lucknow University to determine whether an alleged rape victim was a ‘mangalik’ by examining her Kundali. which was subsequently stayed by Hon’ble Supreme Court, related to cow slaughter by High Court of Rajasthan and Allahabad. Some eminent lawyers, human rights/Civil rights groups, and others have raised questions about the Judiciary’s commitment to Constitutional principles. In light of the above, we are trying to present Manu's view on the Constitution of the Court of Justice.
व्यवहारान् दिदृक्षुस्तु ब्राह्मणैः सह पार्थिवः ।
मन्त्रज्ञैर्मन्त्रिभिश्चैव विनीतः प्रविशेत् सभाम् ॥ १ ॥
8.1.
A king, desirous of investigating law cases, must enter his court of justice,
preserving a dignified demeanour, together with Brahmanas and with experienced
councillors.
तत्रासीनः स्थितो वाऽपि पाणिमुद्यम्य दक्षिणम् ।
विनीतवेषाभरणः पश्येत् कार्याणि कार्यिणाम् ॥ २ ॥
8.2. There,
either seated or standing, raising his right arm, without ostentation in his
dress and ornaments, let him examine the business of suitors,
प्रत्यहं देशदृष्टैश्च शास्त्रदृष्टैश्च हेतुभिः ।
अष्टादशसु मार्गेषु निबद्धानि पृथक् पृथक् ॥ ३ ॥
8.3. Daily
(deciding) one after another (all cases) which fall under the eighteen titles
(of the law) according to principles drawn from local usages. and from the
Institutes of the sacred law.
तेषामाद्यं ऋणादानं निक्षेपोऽस्वामिविक्रयः ।
सम्भूय च समुत्थानं दत्तस्यानपकर्म च ॥ ४ ॥
8.4. Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, and (5) resumption of gifts,
वेतनस्यैव चादानं संविदश्च व्यतिक्रमः ।
क्रयविक्रयानुशयो विवादः स्वामिपालयोः ॥ ५ ॥
8.5. (6) Non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants,
सीमाविवादधर्मश्च पारुष्ये दण्डवाचिके ।
स्तेयं च साहसं चैव स्त्रीसङ्ग्रहणमेव च ॥ ६ ॥
8.6. (10) Disputes regarding boundaries, (11) assault and (12) defamation, (13) theft, (14) robbery and violence, (15) adultery,
स्त्रीपुन्धर्मो विभागश्च द्यूतमाह्वय एव च ।
पदान्यष्टादशैतानि व्यवहारस्थिताविह ॥ ७ ॥
8.7. (16) Duties
of man and wife, (17) partition (of inheritance), (18) gambling and betting;
these are in this world the eighteen topics which give rise to lawsuits.
एषु स्थानेषु भूयिष्ठं विवादं चरतां नृणाम् ।
धर्मं शाश्वतमाश्रित्य कुर्यात् कार्यविनिर्णयम् ॥ ८
॥
8.8. Depending on
the eternal law, let him decide the suits of men who mostly contend on the
titles just mentioned.
यदा स्वयं न कुर्यात् तु नृपतिः कार्यदर्शनम् ।
तदा नियुञ्ज्याद् विद्वांसं ब्राह्मणं कार्यदर्शने ॥
९ ॥
8.9. But if the
king does not personally investigate the suits, then let him appoint a learned
Brahmana to try them.
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