cover image: The Calcutta Law Journal  December 16  1911

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The Calcutta Law Journal December 16 1911

1911

Hunter's " History of the Indian people " (2) Some such anthropomorphic imagery was doubtless present to the mind of our legislator—Manus—" in which the Priest whose lips are to keep knowledge would naturally spring from the head ; the class which is to bear the sword from the arm ; the mercantile and agricultural body who are the st.-ingth of the community from the loins ; and the servile clas [...] per month from a Sudra ; Mann (viii-142) again Mann (viii-2i) directs the Kit.g to inspect all the affairs of the parties in the order of the castes " begining with the Brahmin Further where a man of a higher caste marries a woman of a lower caste the distribution of assets among the sons of such union is by refeence to the castes of their respective mothers. [...] " Let the sons of the Brahmain wife ""it is rhus ordained by Mann "take three shares of the estate ; the son of the Kshatriya two ; the son of the Vaisya a share and half and the son of the Sudra may take one share." N. B —The terms Sapindas Sakulya and Samanodaka are highly suggestive of east°. [...] " The attempt of the Hindu system" it may be observed ir' passing " to treat and maintain a military caste of divine right apart from the bulk of the population only deprived the latter of their proper interest in the governance and defence of the state while the Kshatriyas themselves isolated from the general sympathy would naturally come into collision with the Brahmins and be worsted by th [...] " (Mann viii 276.) " Exactly thus and in accordance with the caste of each should be the application of punishment in the case of a Vaicya and Cudra except the cutting of the tongue (because the mutual abuse softens the offence) : this is a fixed rule of punishment." (Manu viii 277.) Again in the case of adultery the punishment equally varies as a rule with the respective castes of the guilty
law
Pages
12
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
Indo-Aryan Penal Jurisprudence
69-80 Hara Chatterjee, Jnanendranath Bose view

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