Law and Order, Dharma

Courtesy: Wikipedia.org

I have always believed that law and order is the primary duty and reason for existence of the government in a state. All other regulations or activities that one would expect a government to do will fall under law and order.

To begin with, life is probably the most important thing that living beings covet. The state must first protect life. That is, when we step out to go to the market, we should not fear for our lives, or face any intimidation that includes potential for violence against our selves.

Going up the 'pyramid', personal belongings, the environment and natural resources, etc., become important. These get into areas where no one man is necessarily affected directly, but the state needs to take on the responsibility for future generations, as well as for the protection of nature in general.

In some ways, the United States, and the modern Western world in general, are successful and just societies (relatively) because of the presence of reliable and effective law and order. Even Jinnah believed this, while unfortunately other Indian leaders of the time unfortunately didn't accord law and order as much importance.

The Manusmruti is probably the oldest book on law and order, and is supposed to cover not just crimes and such but a horde of other do's and don'ts, rituals to be followed, duties of the different classes of people, etc. I began reading a translation of Chanakya's Arthashastra a few months ago. Like the Manusmruti, the Arthashastra too is not necessarily an account of the laws in vogue at the time they were written. The Manusmruti is of course much more ancient than the Arthashastra.

By the way, here's an interesting article by Stephen Knapp on the 'Purpose of Government According to the Mahabharata' where he discusses Manusmruti.

In the Mahabharata, Yudhishtira is hailed as 'Dharmaraja'. An example of his sense of justice is when he chooses to have Nakula brought back to life when all his brothers are killed by a divine 'demon' (Dharma, who Yudhishtira is an avatara of?) Yudhishtira's reasoning for bringing Nakula back in spite of the chance of bringing the powerful Bhima or Arjuna back was that his father had two wives, and he the first wife's son was alive. It was only just to have a son of the other wife alive too, ahead of Arjuna or Bhima. The 'demon' (who was just testing Yudhishtira) brings back all his brothers alive anyway, overjoyed by Yudhishtira's Dharmic stance. Dharma is hence a matter of not just law, but of ethics as well. No punishments for not being Dharmic in many cases.

There probably are some things that are plain obvious to us regarding dharma. Should I kill an animal and eat it just because it is going to be tasty? No. How can you drink milk, it after all is from the cow and intended for its own calf? This is more difficult to answer, but the shrutis (Vedas), Puranas and the Manusmruti all talk of the cow's products as being made available to mankind, and therefore not being off limits. Protecting mankind is the duty of the cow, and taking care of it is ours (putting it between two buns isn't). On other topics, the question of dharma can become tricky, especially since most of us have very limited knowledge.