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BULL
STREET
– The art of the Con
The Laws of Manu 1280 BC to 880 BC
This series of laws which was contemporaneously
redefined and expanded was passed on from generation to generation and formed
the legal basis for the caste system in India.
It was interesting what an important part clothes played under this system.
During this time it was believed that what you wore was your badge. It distinguished
your social standing or caste. Should someone wear the clothes that would outwardly
magnify his station, “a man receiving a wrong or inappropriate gift (clothes)
is reduced to ashes…a garment will destroy his skin” The Laws of Manu, iv:189.
Thus, a maliciously bestowed garment will reduce the wearer to ashes. “In many
contexts, clothes literally are authority, which can be transferred from person
to person to create a hierarchy and to ensure continuity of succession.”[5]
Laws seemed now to be popping up all over the place, and the more civilized
a people seemed to become, the greater the number of people that there were
falling under the bureaucratic chain of command, the more necessary it became
to create a system which dealt decisively with both crime and punishment. Little
did these country’s fathers realize, that with the advent of lawyers springs
bureaucracy, which in turn breeds chaos and then comes stultification, the reason
for lawyer’s existence. . Scholars have been trying to place the exact point
in time when these laws attributed to Manu were created. However, these laws
were created for the more religious followers of Brahmanism.
They say that Manu (a really mythical character) was a survivor of a Noah-like
flood and that he eventually became the father of the human race.
“Hindu
myth's version of Noah, Manu (Manu Vaivasvate) was washing his hands in the
river one day when the waters brought to him a tiny fish, which begged him to
save it, saying that it would return the favor. Manu naturally asked the fish
how it thought it could save him, and it replied that there was a great flood
on the way, which would wash away all living things. So Manu put the fish in
a pot, but it soon outgrew this, and he had to move it successively to a tank,
a lake, and finally the sea itself. Once there, the fish advised Manu to build
a boat, for the flood was coming. Manu complied, and when the ship was built
and the waters rose, the fish returned and towed the vessel by a cable fastened
to its home, thus saving Manu. (The fish was Vishnu in his first incarnation
as Matsya.”[6]
While it would seem odd that “Adam” or his like would have
considered making laws for all of his progeny because in the beginning they
did not exist, this is exactly what Manu was said to have accomplished; a magnificent
accomplishment. However, these laws primarily deal with caste segregation and
regulation, the important things back then. When Manu and his helpers finished
their writings, there were over twenty-five hundred verses divided into twelve
chapters that make up the entire work.
“The
‘Laws of Manu’ offers an interesting ideal picture of domestic, social, and
religious life in India under ancient Brahmin influence.
The picture has its shadows. The dignity of the Brahmin case was greatly exaggerated,
while the Sudra case was so far despised as to be excluded under pain of death
from participation in the Brahmin religion. Punishments for crimes and misdemeanors
were lightest when applied to offenders of the Brahmin caste, and increased
in severity for the guilty members of the warrior, farmer, and serf cast respectively.
Most forms of industry and practice of medicine were held in contempt, and were
forbidden to both Brahmin and warriors. The mind of woman was held to be fickle,
sensual, and incapable of proper self-direction. Hence it was lad down that
women were to be held in strict subjection to the end of their lives…”[7]
Below you will find a short idea of
some of the regulations that were imposed by the “Laws of Manu” relative to
various subjects:
Book III 239
A Kandala, a village pig, a cock, a dog, a menstruating woman, and a eunuch
must not look at the Brahmanas while they eat.
Book V 154
Though destitute of virtue, or seeking pleasure elsewhere, or devoid of good
qualities, yet a husband must be constantly worshipped as a god by a faithful
wife.
Book VI 175
A twice-born man who commits an unnatural offence with a male, or has intercourse
with a female in a cart drawn by oxen, in water or in the daytime has committed
a sinful act.
Book VIII 352
Men who commit adultery with the wives of others, the kind shall cause to be
marked bit punishments, which cause terror, and afterwards, banishment.
While the “Laws of Manu” were totally oriented towards establishment
of a social hierarchy, they were not oppressively grisly in nature. Serious
punishment for crimes was held to a bare minimum, at least for those times.
This probably was because of the fact that the laws combined both the parochial
and the civil in one combined document. Many had said that this probably caused
the tempering of its severity in God’s decency. Moreover, the laws were established
to create a higher calling for the Brahmin’s and thus were somewhat harsher
in their treatments of the upper castes.
Once again, we find that the laws
of Manu hold women’s place to be less than inferior: “In childhood a woman must
be subject to her father, in youth to her husband, and when her lord is dead,
to her sons. A woman must never be independent.” Sadly, many sociologists have
determined that because of women being so subservient, it was necessary for
them to provide dowries. The situation in most of the rest of the world is totally
reversed especially in China
where so many female babies have been aborted or killed as infants because of
that country’s restrictive population measures, that women command extremely
substantive amounts.
However, many murders occur each year
in India
by husbands or their families looking to collect just one more dowry from another
woman. “The police here say that not all deaths of young brides by fire are
caused by dowry disputes, but women’s groups say that in New Delhi
alone there are at least two dowry deaths every day. Although dowries were supposedly
outlawed in 1961, dowry deaths have become a modern plague throughout India.”[8]
(In 1999 independent statistics reported over six thousand dowry deaths a year
in India.
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