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Delhi University is once again in the news and this time it is over Manusmriti. DU has taken an official decision to drop the controversial ancient text after a new round of criticism and protests by students and teachers. What is the story behind this decision then, and what are the implications on students and the academic community?

Recently, an ancient Hindu law book, the Manusmriti, was put as suggested reading in a four-credit course named Dharmashastra Studies as part of the new Undergraduate Curriculum Framework, which was developed according to the National Education Policy (NEP) 2020. Other classical texts, such as the Ramayana, Mahabharata, Puranas and Arthashastra, were also included in the course along with the Manusmriti.

The inclusion of Manusmriti in the undergraduate curriculum was not welcomed by many. This drew the objections of student groups and some instructors, primarily due to the fact that the text has been previously criticised on its opinions regarding gender and caste. There was a general opinion that the teaching of Manusmriti might be interpreted as propaganda of backward and exclusionary beliefs. The text has stirred controversy at Delhi University before as well. There had been earlier plans to introduce the text in the curriculum which had to be withdrawn following protests.

After the protest against the addition of this dharmashasta recently, the university administration responded to the outcry promptly. The statement given by the university was, "The University of Delhi will not teach the Manusmriti text in any course offered by the university.” It also added, "The 'Dharmashastra Studies' course, a Discipline-Specific Core (DSC) paper of the Sanskrit Department, in which Manusmriti was listed as a recommended reading, stands deleted."

In its official statement, DU made it clear that Manusmriti is not going to be studied in any form in any of its courses. The paper, Dharmashastra Studies, in which Manusmriti was included, has been removed from the syllabus. Additionally, The university’s Vice Chancellor, Yogesh Singh, reiterated that this stance for undergraduate curriculum is final and will be upheld in the future as well..

In the meanwhile, students of Delhi University shall presumably continue to study Sanskrit and history without the Manusmriti. University is trying its best to ensure that its curriculum is less exclusive and causes no conflict or feelings of being excluded to the students.

This news of Manusmriti in Delhi University brings forward the discussion that has been going on concerning what is to be taught in Indian universities. Some may say that all ancient works should be studied academically, whereas others feel that some works, particularly those containing offensive social codes, gender discrimination, and class discrimination, ought to be handled with care, or omitted altogether.

The takeaway of this whole DU news is that student voices are heard, and the curriculum will reflect the values of inclusivity and respect as per the need of the era.

In a recent turn of events, the Supreme Court has refused to put on urgent hearing the suit presented by the Tamil Nadu government for ₹2,291 crore of education funds. The state government had moved the highest court, emphasizing the significance of these funds towards the development of the education industry.

The money in question is significant for raising the standards of education in Tamil Nadu. It is intended to finance a host of programs, such as programs for increasing literacy levels, e-education, and vocational training. The money would also increase school infrastructure, improve facilities for children, and improve teacher training programs.

The delay in the release of such funds has also brought the question of how the state's education situation will be in the future. Students may be inconvenienced in getting quality education, which may affect them in the future. The state's educational system may also not be feasible to respond to the new education status, which may hold up overall growth in Tamil Nadu.

The Supreme Court ruling has created controversy surrounding the timely release of education funds. Regardless of whether or not the court ruling is in the best interest of the state, there must be an investigation into how such a delay would impact the education system of the state in the long term. As the drama unfolds, stakeholders have been waiting for a decision that would see the education sector receive the much-needed funding.

The state government of Tamil Nadu had moved the Supreme Court in an emergency plea, seeking to emphasize the need for these finances to be disbursed towards the state's education system. The state is hoping that the judiciary would take into account the long-term implications of this delay and try to find a way out. The case is sure to have an impact on the future of education in Tamil Nadu and everyone is holding their breath.

If you think that India’s justice system began only as the legacy of the British, you need to think again. Indian law is actually based on writings and practices that originated thousands of years ago in ancient India, reaching from the wisdom of Vedic thinkers to the courts of the Maurya kings.  

All the curious minds interested in Hindu studies and those hoping to practice law in India need to know that Indian law includes much more than rules and penalties; it tells a truly interesting tale of ideas, communities, and striving for dharma (justice) that is a compilation of the the Bhartiya darshan + laws from the world + english laws and the laws as per the contemporary requirements. Let’s understand the Indian Penal Code of ancient India aka Manusmriti, and the parallels between the Indian Justice System.

The Origin of Law in India

India had a well-developed legal system long before we were ruled by the British or the Supreme Court. Records from the Vedic period reveal that legal systems started in India, as referenced in the Rig Veda and then mentioned again in later Upanishads and Dharmaśāstra books such as Manusmriti and Yajnavalkya Smriti. In ancient India, law was considered by many to be a command from the gods, including both religious duties, a well-ordered society, and a sensible management.

Interestingly, the Indus Valley Civilization ( 3300 to 1300 BCE) had so many structures hinting at early rules and laws. But it was only in the Vedic period and post vedic period that people started discussing and organizing law as part of philosophical debate. Let’s go through the timeline of India Legal history:

Timeline of Indian Legal History

Who Created the Laws? 

The laws in ancient India were made by Sages, Kings, and Individuals in power. These people impacted greatly on how the law functioned across ancient Bharat. The rules and laws weren’t made in one sitting; they gradually came into existence and were practiced in a way that did not hinder the lives of Indians but helped them live better. 

Different texts such as Manusmriti, Narada Smriti, and Arthashastra gave extensive guidelines for issues related to land, laws, and punishments. Although the king was viewed as the main provider of justice, his decisions were influenced by the suggestions of important Brahmins, ministers, and jurists.

Classification of Courts

The legal system was very advanced compared to those of other societies of the time. In Brihaspati Smriti and several other values, it is evident that there was a clear hierarchy: 

• Family Courts: Commonly, disputes are resolved as a first step by the community’s elders.
• The concept of Village Courts (Panchayats): Important local people in villages dealt with civil and minor offenses.
• Principal Courts: Towns above a certain size were governed by royal representatives and intellectuals.
• King’s Court (also known as Raja Sabha): In criminal matters, the top authority consisted of the king or his chief justice (Pradvivaka).

There were designated legal bodies for handling cases stemming from trade as well as cases about religion. Just like in the contemporary world, we have different courts, such as family court, consumer court, etc., ancient India had the aforementioned courts. 

How Were Ancient Courts Operated?

Forget the common image of a judge sitting in the court and everyone else waiting for him/her to make the decision. In ancient India, the courts had a group of jurists, mixing dharmasthas (lawyers) and amatyas (ministers). Before making a decision, the king discussed matters with a group of wise individuals. Even if the king’s decision disagreed with dharma, the jurors could challenge it.

Key Features

• No lawyers: Parties stood before the chamber and made their own arguments.
• Appeal system: If the matter was serious, it was possible to ask the king for review.
• Community justice: A great deal of disputes were resolved by trade guilds and family assemblies.
• Ethics code: Impartiality, honesty, and knowledge were the main qualities expected from judges.

What did the Laws from Ancient Times Include?

The laws developed in ancient India were all-inclusive. The reasons for lawsuits in Manusmriti were unmet obligations, gifts that were not delivered, disagreements in partnership, and other problems. Criminal law was used to deal with theft, assault, and intent by the person committing the actions. Punishment for crimes could be fines or banishment, always designed to bring about change rather than only punish the offender.

The system did have its flaws. A person’s social class and gender could determine if they received justice, and their sentence could change depending on their background. But, progressive points were made as well, such as rules to help the poor, regulations for judges, and the belief that even a king had to obey laws.

Understanding Manusmriti and What It Contains

The Manusmriti (also referred to as Manava Dharma Shastra) is considered one of the main books guiding ancient India’s laws and order. The texts were created from 2nd century BCE to 3rd century CE and helped determine the laws of Hindu religion as well as influence how laws were organized in the colonial period. We will now look at its main legal concepts, laws of manusmriti, bring in shlokas that have been accurately translated, and clarify what they really mean for law and justice.

From where law is given in Manusmriti

Manusmriti 2.6,

"वेदोऽखिलो धर्ममूलं स्मृतिशीले च तद्विदाम्।

आचारश्चैव साधूनामात्मनस्तुष्टिरेव च॥"

Translation:  The origin of the sacred laws is the whole Veda, after that it is passed down through tradition and the behavior of those learned in the Veda, the habits of holy men, and most of all self-satisfaction (Atmana santushti).

Manusmriti mentions that law is created based on four main sources:

• The Vedas (scriptures honored by Hindus)
• Holy men (actions and teaching of holy figures)
• Sadachara (the way virtuous people should act)
• Atmanastushti (one's own conscience or satisfaction) 

In other words, the law is connected to sacred texts, age-old customs, and the values held by the community and individuals.

Setting Up Courts and the Judicial System

Manusmriti 8.1 says:

"राजा तु न्यायधर्मेण सह ब्राह्मणैः सह मन्त्रिभिः।

विशुद्धात्मा परिक्षिप्य विवादान् परिपालयेत्॥"

Translation: The ruler, pure in mind, along with Brahmins and officials, should carefully decide on lawsuits according to what legal scriptures say and should not let anger and greed get in the way.

Whenever there are legal disagreements, the king is supposed to lead the discussion while staying impartial and using the Brahmins’ knowledge. Therefore, the nation has a consultative and ethical court system, not an autocratic one.

On Contracts and Agreements

Manusmriti – 8.164:

"यद् अयुक्तं च यत् कृत्स्नं यद् विप्रतिषिद्धं च यत्।

अवेद्यं चापि यत् कार्यं तद् अकर्तव्यम् एव हि॥"

Translation: Agreement proven, deemed, unlawful, repugnant to public policy, contrary to existing custom or against public policy, even if proven will not be enforced.

This verse states that contracts or agreements contrary to law or custom are not valid in law and is the same in modern legal doctrine that says illegal contract is void.

Evidence Rules and Witnesses

Manusmriti 8.61:

"साक्षिणः सप्त सन्धाय साक्ष्यं गृह्णीयात् पण्डितः।

सत्यं ब्रूयुः साक्षिणः साक्ष्ये धर्मेण चान्विताः॥"

Translation: The wise should examine seven types of witnesses; witnesses must speak the truth, and their testimony should be in accordance with dharma (righteousness).

This shloka tells the importance of truthful and righteous testimony, laying the groundwork for the modern law of evidence.

Punishment and Proportionality

Manusmriti 8.318

"दण्डः शास्ति प्रजाः सर्वाः दण्ड एव अभिरक्षति।

दण्डः सुप्तेषु जागर्ति दण्डं धर्मं विदुर्बुधाः॥"

Translation: Punishment rules everywhere among subjects, and it alone holds them. It is wide awake when others slumber. It is dharma itself, to the wise.

This highlights the king's duty to enforce law and maintain order through fair punishment, which is seen as an essential part of justice and social harmony.

Protection of the Weak and Social Justice

Manusmriti 8.27

"बालानां वृद्धवृद्धानां स्त्रीणां चैव विशेषतः।

रक्षा विधेया सततं राजा धर्मेण पालयेत्॥"

Translation: the king must always ensure the safeguard of children, the elderly and especially women, and govern as per the dharma.

As per this verse, there is a need for safeguarding weak sections of society, showing an early perception on social justice.

The other laws and dharma outlined in Manusmriti includes, rights and duties of women, laws for women, how to grant justice, the rules of proving someone innocent, review and appeals, as well as the family laws.

Moreover, this ancient Indian work, explains almost all areas of law, including what constitutes law, how courts function, types of contracts, property rights, punishments, justice, and the right to appeal. Even though certain parts of the law match the social environment of the past, many key concepts, like upholding the rule of law and calculating contract validity, continue to matter in the modern Indian legal system.

How Dharmaśāstra was Affected by British Law?

When the Mughals appeared, and then the British followed, India experienced significant changes in its legal system. The British set up common law, made rules into constituted statutes, and introduced the current way of arguing cases between parties. Moreover, they built on ancient laws, especially when it came to Hindu personal matters, which included marriage and rights to property after a person’s death.

Fun fact: The principles of Manusmriti and Arthashastra that endorse evidence, fair judges, and the right to appeal can still be seen in today’s Indian law.

What should Law Aspirants and Hindu Studies Students know?

1. Law Was a Philosophy That Lived and Developed: Ancient Indian law was designed to restore harmony, ensure that the weak were not mistreated, and support dharma. The king was regarded as someone who served justice, not as someone in charge of it.
2. Community was a Big Focus: Local governments as well as trade groups usually administered justice by involving the community. The phrase “justice at your doorstep” is many centuries old.
3. Ethics in the courtroom was given the highest priority: Even if disagreeing with the king’s decisions, judges had to show impartiality, wisdom, and strength. Judicial independence as a core principle continues nowadays. 
4. Diversity within the law.: Long ago, there were many sets of rules and ways to resolve disputes for different people and groups in India. Because the system could adapt, it managed to remain important over many ages.

The Modern Indian Justice System Reflects the Past

The Indian judiciary is counted as one of the world’s biggest, starting from local courts and reaching up to the Supreme Court. Even though the system is rooted in English common law, some very old traditions are still kept alive: the panchayat system, the significance of written verdicts, and the belief that no one escapes the law.

However, the problems of getting access to the legal system, delays, and inequality among different classes are still ongoing. Being familiar with our ancient laws can help us develop new reforms, for instance, by ensuring more accessible justice, access to local courts, and including ethics and participation in community issues.

It’s not only about the ancient text and customs when we talk about Indian justice. Even now, the way the law works is guided by the original values of philosophy, community, and belief in fairness. To law students, it lets them know that achieving justice involves wisdom, bravery, and compassion, not only the rules. Those learning about Hindu philosophy will see that dharma is more than a word and truly holds the civilization together.

So now, when you see the inside of a court or read about a significant legal decision, keep in mind: you belong to a practice that began with wise sages, was shaped by kings, and keeps progressing as new cases and generations appear. As law aspirants in India, it is your duty to be well-versed with Manusmriti that covers various offences and punishments, mirroring aspects of the modern Indian Penal Code, as well as unveil the rules and perspectives needed in the Indian justice system. Know your roots and strive to fix the future for good. 

FAQ

Q1. What is the oldest law in India?

The oldest known legal references are in the Rig Veda and later Dharmaśāstra texts like Manusmriti.

Q2. How did British law change Indian courts?

The British introduced common law, codified statutes, and a modern court hierarchy, but retained Hindu and Islamic personal laws.

Q3. Are ancient legal concepts still relevant today?

Yes! Concepts like panchayats, written judgments, and judicial ethics are still part of the Indian legal system.

Q4. How is technology changing Indian justice system? 

E-courts, online dispute resolution, and AI-powered legal tools are making justice faster and more accessible.

Not being able to pay school fees on time is disheartening enough for parents, but what's worse is learning that their child has been publicly shamed at school for it. This is a common act in majority schools in India, and parents usually treat it as a normal act even though it includes negative treatment of the student, perhaps because it has become normalised!

In a shocking case, the Delhi High Court has slammed Delhi Public School (DPS) Dwarka for shaming and harassing its students in public for failing to pay their school fees. The court made it clear that schools are not businesses and children should never face embarrassment because of money.

What Happened at DPS Dwarka?

Earlier, DPS Dwarka took the step to remove 31 students from their school list as their parents had failed to pay the cost of the fee hike. Matters became more serious when the school reportedly used bouncers as guards to stop the students from getting onto their property. Think of yourself: how would it feel to be a child, full of excitement for school, and then be treated disrespectfully at the gate by authorities and adults? Parents showed their disapproval by protesting, which led to a lot of anger and sadness throughout the community.

The High Court Disapproves of Mental Harassment and Public Shaming

The High Court in Delhi was direct in its views. The court stated, "Public shaming or intimidation of a student on account of financial default, especially through force or coercive action, not only constitutes mental harassment but also undermines the psychological well-being and self-worth of a child."

People were reminded by the court that schools are not just businesses. Their mission is to instruct and instil values, not to earn money. Schools should not be viewed solely as a business like any other. The court explained that education is primarily concerned with the public good, national development, and ensuring that students have a complete educational journey. 

Although students have returned to class, the effects of what happened are not gone.

After the court took action, the DPS Dwarka did not expel the students but made them pay half of the increased costs, as per the court’s previous ruling. Yet, the emotional trauma left by being publicly shamed and handled by bouncers is very hard to reverse.

The Battle for Justice by Parents

Several parents have challenged the increase in school fees by petitioning the courts to ensure that the fees are only those authorised by the Directorate of Education. They also claimed that DPS Dwarka had violated previous court orders that prohibited the school from harassing students for nonpayment of unauthorised fees.

Court’s Warning to Every School

Clear guidelines have been given by the High Court for every school in Delhi: 

• If a student is to be struck off the rolls, the school needs to issue prior communication.
• It is important that students and parents have an equal chance to let their side be heard.
• Anyone who publicly shames or intimidates someone could be charged with mental harassment since it is against the law.

A Spark that Alerted the Indian  Education System

This case should encourage all schools in the country to pay more attention to students’ safety. Providing education is not only about gathering funds and operating a company. It is meant to guide young people, increase their confidence and pass on valuable lessons. If schools do not adhere to this, they could cause damage to the students they are there to help.

We hope that this result leads to actual improvements and prevents any child from being shamed publicly due to factors beyond their control.

What Is Your Opinion? Do you find similar problems appearing in your child’s school? Is there too much business influence in today’s schools? Raise your voice if you are facing any such thing. Your opinion plays a role in designing an education system where everyone is treated equally and respectfully.

If you have always dreamed of being at the heart of India’s bustling business sector, deciding the future of important companies, corporate law may be what you should pursue. Working as a corporate lawyer in India varies widely from typical life. It’s a mix of knowing the law, planning business moves, and never stopping to learn. This law career path is for those motivated by challenges and who want their job to matter. Here’s a glimpse of how a typical day as a  corporate lawyer in India looks:

The morning of a corporate lawyer’s day usually involves looking through messages that arrived from clients in different regions the night before. Since the laws can change often, it’s very important to follow changes in regulations or new compliance rules. In the mornings, they check contracts, write out agreements and get ready for important meetings, all of which need to be detailed and conclude without breaching any law.

Over the course of the day, things move along faster. Many of these attorneys spend their days negotiating agreements, offering advice to governing leaders, and contributing to significant boardroom talks. No matter if the case is a merger, an intellectual property conflict or helping a startup understand business law, every day presents new challenges. Being a corporate lawyer at an esteemed firm means facing many challenges, but it is also highly satisfying. It’s rewarding to believe your guidance might lead to a major success for a company.

Often, the afternoon is spent discussing deals, negotiating trends and informing the team about matters of importance. Throughout this, a corporate lawyer’s ability to communicate clearly becomes very important. If you are a law aspirant, having good communication skills is a must because making complicated matters clear, uniting opinions in negotiations, and helping ensure deals are approved and good for clients is part of the attorney’s job. It’s important to have both legal training and good people skills, and people who do well often become top managers’ trusted guides.

Essential Skills Required of an Indian Corporate Lawyer

The successful practice of corporate lawyers demands a mixture of legal and business savvy plus interpersonal skills. Some of the crucial skills include:

• Being Analytical and doing Research: Discerning complex laws, sifting through volumes of information, and performing legal research is of the essence.
• Communication Skills: These comprise verbal and written communication that helps in negotiating or drafting contracts and explaining laws to clients and peers.
• Drafting and Documentation: Drafting contracts, agreements, and other legal documents with utmost precision is imperative so as not to allow any loopholes or ambiguities in the law.
• Negotiation: A corporate lawyer usually conducts negotiations regarding deals, settlements, and contract terms; hence, the skills of tact and strategic thinking are vital.
• Attention to Detail: It is needed to realize potential risks, consistence with the rules, and paperwork without errors.
• Problem-Solving and Critical Thinking: Practical and innovative solutions to legal and business problems are highly desirable when offered.
• Commercial and Business Acumen: Knowledge of business processes, financials, and industry trends will set the lawyers apart when advising their clients.
• Ability to Multitask and Organizational Skills: Handling multiple cases, deadlines, and priorities requires unparalleled organizational and time-management skills.
• Teamwork and Leadership: Corporate lawyers tend to be team players and take charge of projects, rendering collaboration and leadership skills essential.
• Ethical Judgment and Integrity: One needs to have a high sense of ethics and maintain strict confidentiality with what is said in any corporate matter that might be of a sensitive nature.

Mastering these skills not only helps you excel in the corporate legal field but also makes you a trusted advisor to businesses.

Now, talking about the evenings of a corporate lawyer, they are more about research and reporting periods. The field of law keeps changing, so it’s necessary to update your information regularly. A lot of the time, a looming deadline for a significant deal or an upcoming regulation leads corporate lawyers to put in extra hours at work. And the best part is working long hours for something that at the end gives great personal satisfaction. Those who begin as lawyers in India in the corporate sector tend to get paid between ₹6 and ₹10 lakhs annually; experienced lawyers and those who hold firm partnerships can earn a lot more.

The diverse opportunities within this career make it all the more interesting. Business law services are required in all kinds of businesses, from small startups to international companies. When Indian companies succeed overseas, legal professionals enjoy more international experience and deal with transactions globally. If solving challenges, handling pressure and earning a good income are important to you, you will find plenty of that and more in a career in corporate law.

Key Career Opportunities

• Law Firms: Work with top firms on mergers and acquisitions, corporate governance, compliance, and high-value contracts.
• In-House Legal Counsel: Many large companies and start-ups hire corporate lawyers to handle their legal matters, compliance, and risk management internally.
• Compliance Officers: Make sure companies are following laws and regulations in fields like finance, technology, and manufacturing.
• Contract Managers: Responsible for managing the drafting, negotiating, and executing of business contracts for their organizations.
• Legal Associates and Advisors: Engaged in advising companies on issues related to business structuring, intellectual property, joint ventures, and dispute resolution. 
• Senior Roles: With experience, corporate lawyers can step into Senior Legal Counsel or Legal Manager / Head of Legal roles where they oversee teams and manage high-stake, complex transactions.

Job Profiles and Average Salaries

Note: Salaries can go much higher at top law firms and for those with niche expertise or international exposure. Senior partners and legal heads in major firms or corporations can earn upwards of ₹1 crore annually

If you have a passion for law and want a job where you are valued at the core of a business environment, being a corporate lawyer might be the sector for you. Even though the main work can be tough, the personal and career benefits far outweigh anything. The place where your decisions matter is ready for you. Are you prepared to claim your position? If not, start  by taking AICLET entrance exam, earn a degree, and become a corporate lawyer for firms like TCS, Paytm, etc. 

Note: feel free to consult our counsellors for free career guidance. Call 08071296498 or visit https://aiclet.org/.

In a Calcutta High Court hearing of a contempt petition against the Supreme Court order on the West Begnal SSC judgment, the West Bengal Education Department on April 23 challenged before the Calcutta High Court the maintainability of the petition which accused non-compliance of its order regarding 26,000 school posts in the state.

The petitioners argued that the Education Department failed to release OMR sheets of 26,000 of the teaching and non-teaching vacancies affected by a Supreme Court judgment affirming the high court decree with some variation.

During the hearing, the lawyer of the education department presented a case to the division bench of justices Debangsu Basak and Md Shabbar Rashidi, stating that in view of the Supreme Court's changes to certain of the high court's orders, any contempt case has to go before the Supreme Court itself.

Similarly, the legal counsel for West Bengal School Service Commission (SSC) objected to the lawfulness of pursuing the high court with the application for contempt for the same reason.

On the other hand, the lawyer of the petitioners stated that it was within rights to move a contempt petition in the high court since the changes made by the Supreme Court did not make an extraordinary change to the directions given initially by the high court.

The court has scheduled the case for another hearing next Monday.

The petitioners, in their objections, presented their grievances against the violation of the order issued by the high court on April 22, 2024, subsequently modified by the Supreme Court on April 3 and April 17 of this year. They moved a contempt petition against the opposition to the argument that the OMR sheets stored on three hard disks (used in the examinations) are still yet to be uploaded on the West Bengal School Service Commission (SSC) website "forthwith," as the division bench's order has directed in terms of being accessible to the public.