The History of The Vedic Age | Hindu Period: in Indian Sub-continent

 When the process of formation of society and state was over, it was felt that there should be an organized administration that could give justice. For the purposes of public peace and advancement, this was a necessary factor because, in case of disturbance, social and religious progress was not static, it was dynamic.

• Sutras

The term Sutra in common parlance means a thread; it was also used to show a manual of instructions on various subjects.

• Types of sutras:

The Kalpa Sutras are the oldest Sutra works. It is of three types:

1. Srautrasutras ;

2. Grihyasutras;

3. Dharmasutras.

Srautrasutras are based on Shruti, the Vedas. They are useful for the study of the history of religion. Grihyasutras depict domestic religious ceremonies of Sanskaras. They lay emphasis on the ideas of social welfare and explain elaborate rules for governing society concerning religion, domestic duties, and relations between members of society. Dharmasutras are a manual of human conduct. It speaks of wider relations of man to the state, duties of varnas and ashramas, social usages, customs, and practices of everyday life.

This period is a period to which one can assign the beginning of civil and criminal laws.

Civil law includes topics such as 1) taxes, 2) inheritance, and 3) position of women.

Criminal law includes topics such as 1) assault, 2) adultery and 3) thefts, etc.

• Dharmasutras

They are the earliest sources of Hindu law.  Gautama, Baudhayana, Vasishta, And Apastambha. They are different authors of Dharmasutras. Gautama’s Dharmasutra is the oldest (6th century).

As time went on, the Dharmasutras came to be known as Dharmasastras or instructions in sacred law. Smritis have played a great role in molding the life of Hindus. They are considered as the only authentic guides to law, custom, and duty and have a divine origin. In case of conflict between Vedas and Smritis, Smrities have an upper hand.

• Role of smritikars

Smritikars were a system of rule for the welfare of society and social solidarity. They have played a very important role in preparing rules for regulating the social and religious life of the people.

1. Manu and manusmriti :

Manu is the most famous and outstanding figure in the history of lawgivers of antiquity. By preparing the Manusmriti, he gave India the first code of civil and criminal law. This code is still valuable and regulates the conduct and nature of Indian society.

Manusmriti has classified law 18 titles. Manu insists on justice and equity. Thus, Manusmriti is the most outstanding and dominating work among the Dharmasastras.

Brihaspati, Yajanavalkya, Narada, and Katayayana represent the last stage of legal development.

2. Brihaspati :

Brihaspati tells us about seven courts. His concern for even-handed justice becomes evident when he amplifies rules relating to different classes of evidence with their characteristics.

3. Yajnavalkya : 

He arranged the material of Manusmriti in a systematic and concise manner. He was the first to mention specifically three popular courts namely- Kula, Sreni, and Puga. He had also described the process of judicial procedure. He observes that the mode of proof was three-fold: 

1. Documents;

2. Witnesses and;

3. Possession.

4. Narada :

He provides the first legal commentary which is not loaded with precepts pf religion and morality. However, the judicial procedure advocated by him is a highly complex one. Narada amplifies and explains the view of Manu in respect of witnesses and divides them into 11 classes.

5. Katyayana :

Katyayana makes up a “triumvirate” in the realm of Hindu law and procedure, the other two being Brihaspati and Narada. He gave a detailed account of the constitution of the courts of justice and given an elaborate description of the court procedure. He refuses a remedy if it is not sanctioned by the usages of the country. A verdict pronounced by the court was called Jaya-Patra.