Such a person is clearly seeking spiritual liberation (moksha).
The beginnings of criminal and civil law are also outlined in the Dharma Sutras, but punishments are differentiated according to the perpetrator's caste and also the victim's. Neither capital nor corporal punishment were to be inflicted on Brahmins. A Brahmin might be exiled, but he was allowed to take his things. The Apastamba Sutra concludes with the idea that duties not taught in the text must be learned from women and men of all castes.
Laws of Manu
Based on earlier Dharma Sutras, the most influential and first great law code of the Hindus, the Laws of Manu, was written between the second century BC and the second century CE. The sage Manu begins by describing the creation from the divine self-existent reality, which can be perceived by the internal organ. The best of the created beings are those animated ones who subsist by their intelligence, and of those humans the best are the Brahmins who learn the Vedas and know God (Brahman). Manu declared the sacred law as it pertains to the four castes (varna meaning color).
Though action from a desire for rewards is not laudable, there is no exception in this world. The study of the Veda is based on the idea of action (karma) - that acts, sacrifices, and the keeping of vows and laws are kept on the belief that they will bear fruit. Those who obey the revealed laws and the sacred tradition gain fame in life and after death unsurpassable bliss. The sacred law comes from four sources: the Vedas, the sacred tradition, the customs of the virtuous, and one's own conscience. The Vedas represent the revealed truth (sruti), and on them are based the Sutras and these laws which define the sacred tradition (smriti). Thus study of the Vedas is still primary for the three castes who are initiated.
The best way to restrain oneself from sensual pleasures is by constant pursuit of knowledge. The student is to abstain from honey, meat, perfumes, garlands, spices, women, any acid, and from doing injury to living creatures. Students especially must watch out for women, because it is their nature to seduce men, and they can lead astray even a learned man, causing him to become a slave of desire and anger. Originally the castes and laws may not have been as rigid as they later became. With faith, says the Laws of Manu (2:238), one may receive pure learning even from a person of lower caste, the highest law from the lowest, and an excellent wife may come from a base family.
Many of the rules for students and snatakas follow those in the Dharma Sutras. There is the deeper belief that injustice practiced in this world may not bear fruit at once; but eventually it will cut off one's roots, and it may even fall on one's sons or grandsons, though one may prosper for a while through injustice. The following advice is given to the twice-born:
Let him always delight in truthfulness,
the sacred law, conduct worthy of an Aryan, and purity;
let him chastise his pupils according to the sacred law;
let him keep his speech, his arms,
and his belly under control.
Let him avoid wealth and desires,
if they are opposed to the sacred law,
and even lawful acts which may cause pain in the future
or are offensive to people.
Let him not be uselessly active with his hands and feet,
or with his eyes, nor crooked nor talk idly,
nor injure others by deeds or even think of it.8
Though one may be entitled to accept presents, one should not get attached to accepting them lest the divine light in one be extinguished. The Brahmin, who accepts gifts without performing austerities or studying the Veda, sinks like a boat made of stone.
Everyone is born single and dies the same way. Single, one enjoys virtue or sin, for in the next world neither father, mother, wife, nor sons stay to be one's companions; only spiritual merit alone remains. The persevering, gentle, and patient shun the company of the cruel, and doing no injury gains heavenly bliss by controlling one's organs and by liberality. To lie to the virtuous is the most sinful thing as it steals away one's own self. What is most salutary for the soul is to meditate constantly in solitude in order to attain supreme bliss.
Noninjury (ahimsa) is essential to this ethic. Those who injure beings in giving themselves pleasure never find happiness in life or death, but those who do not cause suffering to living creatures and desire the good of all obtain endless bliss.
Whoever does not injure any
attains without effort what one thinks of,
what one understands,
and what one fixes one's mind on.
Meat can never be obtained
without injury to living creatures,
and injury to sentient beings
is detrimental to heavenly bliss;
let one therefore shun meat.
Having well considered the origin of flesh
and the fettering and slaying of corporeal beings,
let one entirely abstain from eating flesh.9
In spite of these thoughts animals were still sacrificed.
Though where women are honored, the gods are pleased, females were to be subordinate to men throughout their lives - the child to her father, the woman to her husband, and after his death to her sons. They apparently believed that the child was completely determined by the seed of the man and that the womb was only like the soil of the field. Yet the law also held that what was sown in someone else's field belonged to the (owner of the) field.
A wife may accompany her husband in the third stage of life as a hermit in the forest. There one meditates and studies the Upanishads in order to attain complete union with the soul. After studying the Vedas, having sons, and offering sacrifices, in the fourth stage one may direct one's mind to the final liberation. The ascetic gives up all worldly things, bearing patiently hard words, anger, and curses without returning anger, drinking purified water, and uttering only speech purified by the truth. Abstaining from all sensual enjoyments, one sits alone delighting in the soul. In deep meditation indifferent to all objects one may recognize the supreme soul that is present in all organisms.
The ten-fold law of all four stages of life is contentment, forgiveness, self-control, non-stealing, purification, control of the organs, wisdom, knowledge, truthfulness, and abstention from anger. The Kshatriya, whose highest model is the king, has the sacred duty to protect everyone and must also act as judge, prescribing proper punishment for those who commit wrongs. If the king did not punish those who needed it, the stronger would roast the weaker. The king was to be just to his own subjects, chastise enemies, be honest with friends, and lenient toward Brahmins.
The main vices the king must watch out for come from the love of pleasure and wrath. Vice is to be feared more than death, because the vicious sink down while the one who dies free from vice ascends to heaven. Here we also find for perhaps the first time the atrocious belief that a warrior who fights hard in battle goes to heaven if killed. In spite of the concept of non-injury, warfare was still socially acceptable. However, the wise king arranges everything so that no ally or neutral or foe may injure him, and this is considered the sum of political wisdom. Foes may be conquered by conciliation, by gifts, and by creating dissension, but never by fighting.
Civil and ceremonial laws fall into the following eighteen categories: non-payment of debts, deposit and pledge, sale without ownership, concerns among partners, resumption of gifts, non-payment of wages, non-performance of agreements, rescission of sale and purchase, disputes between owner and servants, boundary disputes, assault, defamation, theft, robbery and violence, adultery, duties of husband and wife, inheritance partition, and gambling.
Justice violated destroys, but preserved justice preserves. Justice is the only friend one has after death, for everything else is lost. Yet the soul is the witness of the soul and the refuge of the soul. The wicked may think no one sees them, but the gods see them distinctly. Those who commit violence are considered the worst offenders, and the king who pardons the perpetrators of violence incurs hatred and quickly perishes.
The Laws of Manu are summarized as non-injury, truthfulness, non-stealing, purity, and control of the organs. The main duty of the Brahmin is to teach, the Kshatriya to protect, the Vaishya to trade, and the Sudra to serve. Penances are detailed but can be summarized as by confession, repentance, austerity, and by reciting (Vedas), or by liberality. In proportion as one confesses and loathes the wrong, one is freed from guilt; one is purified by stopping the sin and thinking, "I will do so no more." Austerities are to be repeated until one's conscience is satisfied.
Realizing what comes after death, one will always be good in thoughts, speech, and actions. Mental faults are coveting the property of others, thinking what is undesirable, and adhering to false doctrines. Wrong speech comes from untruth, detracting from the merits of others, abuse, and talking idly. Bad actions are taking what has not been given, injuring, and intercourse with another's wife.
The doctrine of reincarnation helps people to realize that the consequences of their actions may occur in another life. All actions are good (sattva), passionate (rajas), or dark (tamas). Goodness comes from knowledge, darkness from ignorance, and passion from love and hate. Goodness results in bliss, calm, and pure light; passion ever draws one towards pleasure and pain; and darkness leads to delusion, cowardice, and cruelty. The good in their next life are more divine; the passionate are human; and the dark more animalistic. Ultimately knowledge of the soul is the first science, because by self-knowledge immortality is attained.
Artha Shastra
The classic work on the goal of material success is the Artha Shastra by Kautilya, who is identified with Chanakya, the advisor of Chandragupta, first king of the Mauryan dynasty. This treatise is a collection of political, legal, and economic advice from earlier sources put together and commented on by Kautilya. Unfortunately it is another step down ethically from the Dharma Sutras and traditional law codes to a worldly strategy of how to enhance one's own kingdom often at the expense of others. The complete text of this work was discovered in 1905 and has been translated into English.
In the third chapter Kautilya repeated the traditional views of the Vedas, the caste system, the four stages of life, and lists the duties common to all as harmlessness, truthfulness, purity, freedom from spite, abstinence from cruelty, and forgiveness. However, he then goes on to analyze government as the art of punishment based on discipline. Kautilya saw his work as the science of politics, which deals with the means of acquiring and maintaining the Earth. The study of any science depends on the mental faculties of obedience, hearing, perception, memory, discrimination, inference, and deliberation.
Princes were to be celibate until they came of age at sixteen, at which time they were expected to marry; girls came of age at twelve. Restraining the senses depends upon abandoning lust, anger, greed, vanity, haughtiness, and overjoy. Kautilya begins to reveal his value system when he places wealth above charity and desire, because these two depend on wealth. He seemed to forget truthfulness and harmlessness when he recommended the institution of spies using fraud and duplicity.
Although Kautilya declared that the prince should be taught only justice (dharma) and wealth (artha) and that he should do what pleases his subjects, to his rational mind this may mean warfare and treachery against their enemies. After describing the villages, land, and forts, Kautilya goes on to delineate the duties of the chamberlain, the collector general, account keepers, and the superintendents of gold, storehouse, commerce, forest produce, armory, weights and measures, tolls, weaving, agriculture, liquor, slaughterhouse, prostitutes, ships, cows, horses, elephants, chariots, infantry, passports, pasture land, and the city.
Brahmins, ascetics, children, the aged, the afflicted, royal messengers, and pregnant women are to be given free passes to cross rivers. Diplomatic negotiation is to be carried out by praising the other's qualities, discussing mutual benefits, future prospects, and the identity of interests. Law is based on justice, evidence, history, and the edicts of kings; but for Kautilya the royal will is the most important, though the justice of the sacred law takes precedent over history when they disagree. Marriage cannot be dissolved by the husband or wife against the will of the other; but if there is mutual enmity, divorce may be obtained. Neighborhood elders may be consulted to settle disputes about fields.
Kautilya recommended cooperation with public projects and suggested, "The order of any person attempting to do a work beneficial to all shall be obeyed,"10 and those disobeying may be punished. The native Mlecchas, who were considered barbarians, may sell their offspring into slavery, but Aryans may not. A person who has voluntarily enslaved oneself and runs away is to be enslaved for life, and one who has been mortgaged into slavery is enslaved for life for running away twice. Violation of female servants, cooks, and nurses earns them their liberty at once. If a master fathers a child with a slave, both the child and the mother are to be recognized as free. Slaves can buy back their freedom for their sale price, and Aryans captured in war can also purchase their freedom.
Kautilya described the various punishments for offenses, which can include torture, mutilation, and capital punishment, though fines were most often applied. Verbal abuse was punished with a fine, whether it was true or false, and the penalties for assault were halved if the offense was due to carelessness, intoxication, or loss of sense. Fines generally varied according to the rank of the person and the seriousness of the offense. "No man shall have sexual intercourse with any woman against her will."11 Mercy was to be shown to pilgrims, ascetics doing penance, those suffering disease, hunger, thirst, or fatigue, rustic villagers, those suffering punishment, and paupers. People were to be honored for their learning, intelligence, courage, high birth, and magnificent works.
Revenues were to be collected like fruits, only when they were ripe; to try to collect revenue when unripe may injure the source and cause immense trouble. In addition to the usual services, artists, and musicians, the court also supported a foreteller of the future, a reader of omens, an astrologer, a reader of the Puranas, a story-teller, and a bard. Advisors are to tell the king what is good and pleasing but not what is bad; though when the king is ready to listen, he may be told secretly what is unpleasant but good.
For Kautilya the elements of sovereignty were the king, the minister, the country, the fort, the treasury, the army and its ally, and the enemy. A good king was described as born of a high family, godly, virtuous, courageous, truthful, grateful, ambitious, enthusiastic, not addicted to procrastination, powerful in controlling neighbor kings, resolute, with a good assembly, having a taste for discipline, with a sharp intellect and memory, trained in various arts, dignified, with foresight, discerning the need for war, not haughty, free of passions and bad habits, and observing traditional customs.
The acquisition of wealth and its security was dependent on peace and industry. Kautilya defined three kinds of strength as the ability to deliberate being intellectual strength, a prosperous treasury being strength of sovereignty, and martial power being physical strength. The traditional six forms of state policy were peace, war, neutrality, marching (preparing), alliance, and the double policy of making peace with one and waging war against another. Although Kautilya was not reluctant to use warfare, at least he did recognize that if the situation is equal, peace is preferable, because war involves loss of power and wealth, traveling, and sin. Kautilya used rational calculations of self-interest in deciding whether to march against enemies.
In my opinion Kautilya is to be severely criticized for recommending the use of war as a political instrument in disregard of human welfare. His position can clearly be seen as a degeneration from his own teacher's more humane views in the following passage:
My teacher says that in an open war, both sides suffer
by sustaining a heavy loss of men and money;
and that even the king who wins a victory will appear
as defeated in consequence of the loss of men and money.
No, says Kautilya,
even at considerable loss of men and money,
the destruction of an enemy is desirable.12
Kautilya believed that peace, dependent on honesty or an oath, is more immutable in this world and the next than that based on security or a hostage, which is for this world only. Kautilya thought that he and those who know the interdependence of the six forms of policy can play at pleasure with kings bound round with chains skillfully devised by himself; but I would submit that those chains based on human violence and suffering bind such an advisor as well and cause untold misery.
Once again Kautilya valued wealth most of all, for with money one can buy treasure and an army. Kautilya, who has been compared to Machiavelli, believed that the skill of intrigue is more important than enthusiasm and power when invading another country. He coldly calculated whether the expected profit will outweigh the loss of trained men and diminution of gold and grains when deciding whether to march. By conciliation and gifts the conqueror should use corporations (mercenaries) against an enemy; but if they oppose him, he should sow seeds of dissension among them and secretly punish them. He may also use rewards for those who help him fulfill his promises to his people. Kautilya did believe the king should follow the will of the people.
Whoever acts against the will of the people
will also become unreliable.
He should adopt the same mode of life, the same dress,
language, and customs as those of the people.
He should follow the people in their faith
with which they celebrate their national, religious
and congregational festivals or amusements.12
He then went on to recommend that spies be used to persuade the local leaders of the hurt inflicted on enemies in contrast to the good treatment they receive from their conqueror. He advised the extensive use of spies even in the guise of ascetic holy men. Various descriptions of magical remedies and superstitions are based on traditional folklore. Though worldly wise, the ethics of Kautilya leaves much to be desired.
Kama Sutra
The fourth aim of life to be discussed is kama, which means pleasure. The main aspect of pleasure discussed in the Kama Shastra is sexual love. Like the Artha Shastra these ideas on erotic techniques and methods were passed down through an oral tradition from the ancients. The legendary founder is Nandi, Shiva's companion, and about the eighth century BC Shvetaketu known to us from the Brihadaranyaka and Chandogya Upanishads, is said to have summarized them. This extensive work was passed down through the family of Babhru, and between the third and first centuries BC several authors wrote shorter works on different aspects of eroticism, including Suvarnanabha on erotic approaches, Ghotakamukha on the art of seducing girls, Gonardiya on the wife's duties and rights, Gonikaputra on relations with other men's women, Kuchamara on occult practices, and Dattaka who wrote on courtesans with the help of a famous courtesan of Pataliputra.
These were combined together in the oldest text we have today, the Kama Sutra by Vatsyayana, who probably lived in the fourth century CE. In style and language the Kama Sutra is considered quite similar to Kautilya's Artha Shastra. Famous as the world's oldest and the most detailed sex manual prior to our century, the Kama Sutra reveals the life-style and sexual morals of ancient India.
Vatsyayana declared that everyone in life must pursue three aims successively. Childhood is dedicated to acquiring knowledge and is a celibate phase; the erotic predominates in adulthood; and old age is dedicated to the practice of virtue (dharma) and spiritual liberation (moksha). Vatsyayana defined artha as material goods or wealth and said that it "consists of acquiring and increasing, within the limits of dharma, knowledge, land, gold, cattle, patrimony, crockery, furniture, friends, clothing, etc."14
Kama is the mental inclination toward the pleasures of the senses and is particularly connected to the erotic. Sexual behavior may be learned with the aid of this text and the counsel of worthy experts in the arts of pleasure. Nevertheless Vatsyayana acknowledged that money and social success are more important than love and that virtue is more important than success and fortune. With money one can realize the three aims of life, even in the case of prostitutes.
Since sex is natural to all animals why does it need to be studied? The preliminary acts between a man and a woman can benefit from rules of conduct. Among animals the female is driven by instinct with little consciousness during the sexual season. Although Vatsyayana said he is a fatalist, he recognized that success depends on human effort. The pursuit of pleasure must be coordinated with virtue and material goods. The lewd man is vain and scorned, and exaggerated emphasis on the sexual life can be self-destructive as well as ruining others. Nevertheless sexuality is essential to human survival. The one accomplished in wealth, love, and virtue attains the greatest happiness in this world and the next. The art of loving so pleasing to women, which allows children to be born, has been described by sages in sacred books.
The erotic science should be studied along with other subjects even before adolescence and after marriage with one's mate. A girl may learn from a woman who has had sexual experience. Vatsyayana listed 64 arts which include music, dance, drawing, carpets, flower bouquets, mosaics, bed arrangement, games, charms, garlands, ornaments, dressing, perfumes, jewelry, conjuring, magic, manicure, cooking, needlework, lacemaking, quoting, riddles, bookbinding, storytelling, basketmaking, woodwork, furnishing, gems, metals, stones, arboriculture, stockbreeding, teaching parrots, massage and hair care, sign language, foreign languages, decorating, observing omens, using memory, reciting, puns, poetry, cheating, disguise, manners, rules of success, and physical culture.
There are also 64 erotic arts from Panchala country. Prostitutes who are beautiful, intelligent, and well educated in these arts are honored in society and called courtesans. A man who is expert in the 64 arts is much appreciated by women. It is recommended that sexuality be satisfied within the caste, and marrying one's son to a virgin gained a good reputation, though Gandharva marriages based on mutual affection were generally considered the happiest. Exceptions to caste were made for prostitutes or widows, provided that it was only for pleasure. Young girls were also considered suitable for love affairs, and Gonikaputra recognized a consenting married woman as a fourth category.
An atrocious statement was made about a pair of lovers murdering the husband and taking his goods once the wife has fallen in love. The author also found nothing wrong with a poor man having a love affair to become rich. However, he must not show indifference to her, or she will ruin his reputation with accusations. Yet generally the seduction of another man's wife was considered an avoidable risk.
There follows detailed chapters on how to stimulate erotic desire, embraces, petting and caressing, scratching, biting, copulation, blows and sighs. Although a woman may be submissive or reticent, she is quick to learn the games of love. Vatsyayana declared that passion knows no rules nor place nor time, and variety fosters mutual attraction. "Whether they continue having sexual relations, or live chastely together, true love never decreases, even after one hundred years."15 Vatsyayana believed that suffering is not the Aryan way and is not suitable for respectable people. An educated man knows how to check the violence of his impulses and knows the limits of the girl's endurance. Amorous practices vary according to the place, the country, and the moment.
Oral sex is described but not recommended by some teachers as defiling of the face, though it was popular in some regions. Female and male homosexuality are both described. A man should respect the woman and consider her pure as a matter of principle even though she may appear guilty by her behavior. Since moral codes and local customs differ, one should behave according to one's own inclinations. Vatsyayana asked rhetorically, "Practiced according to his fantasy and in secret, who can know who, when, how, and why he does it?"16 After making love one should be affectionate so that a solid attachment may be established through friendly conversation.
Courting and seduction are discussed in chapters on how to relax the girl and on ways of obtaining the girl. Those who gain each other's trust end up becoming attached to one another out of habit. The totally trusting wife considers her husband a god and is completely devoted to him. She takes responsibility for the household. Widows may remarry and begin a new existence, and according to the ancient tradition an unsatisfied woman may leave her husband and choose another to her taste. Vatsyayana recognized the ethical marriage as the best and said that some men do not pursue adulterous relationships for reasons of ethics. The man who is educated in this erotic art cannot be deceived by his own wives, according to Vatsyayana. "Reasonable people, aware of the importance of virtue, money, and pleasure, as well as social convention, will not let themselves be led astray by passion."17
What is refreshing in this treatise is the openness to sexual pleasure and its naturalness without the shame and puritanical guilt so well developed in other cultures which have invaded modern India as well. The erotic is treated as an important aspect of human life and as the sacrament of marriage which unites the couple closer than anything else can, though relations outside of marriage are not forbidden. Instead of being burdened by inhibitions in ancient India people were encouraged to learn about their sexuality and develop the art of loving through education and practice. Only now in the late twentieth century does the world seem to be acknowledging the wisdom of these techniques and this highly skilled art.
Notes
1. Samanna-phala Suttanta 12 (Digha 1:50).
2. Arrian, Indica tr. E. J. Chinnock, 9.
3. Plutarch, Alexander, tr. J. Dryden, p. 569.
4. Sources of Indian Tradition ed. DeBary, p. 143.
5. The Age of the Nandas and Mauryas ed. Sastri, p. 236.
6. Sources of Indian Tradition ed. DeBary, p. 149.
7. Apastamba Dharma Sutra 2:9:21:10 in The Sacred Laws of the Aryas tr. Georg Bühler, Part 1, p. 154.
8. Laws of Manu tr. Georg Bühler, 4:175-177.
9. Ibid. 5:47-49.
10. Kautilya, Arthashastra tr. R. Shamasastry, 3:10:173, p. 199.
11. Ibid. 4:12:231, p. 261.
12. Ibid. 7:13:303-304, p. 335.
13. Ibid. 13:5:409, p. 438.
14. Vatsyayana Kama Sutra 1:2:9 in Danielou, p. 28.
15. Ibid. 2:5:43, p. 144.
16. Ibid. 2:9:45, p. 194.
17. Ibid. 7:2:53, p. 520.
Copyright © 1998-2004 by Sanderson Beck
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Contents
Vedas and Upanishads
Mahavira and Jainism
Buddha and Buddhism
Political and Social Ethics
Hindu Philosophy
Literature of India
India 30 BC to 1300
Delhi Sultans and Rajas 1300-1526
Mughal Empire 1526-1707
Marathas and the English Company 1707-1800
British India 1800-1848
British India's Wars 1848-1881
India's Renaissance 1881-1905
India's Freedom Struggle 1905-1918
Gandhi and India 1919-1941
Tibet, Nepal, and Ceylon 1800-1941
Southeast Asia to 1875
Pacific Islands to 1875
Summary and Evaluation
Bibliography
Chronological Index
BECK index