Dharma
Sastras deal with the duties of
individuals (and different sections of people), and they are divided into three portions:
1. Ritual and moral conduct (achara);
2. Law and judicature (vyavahara);
3. Expiations (prayaschitta).
There are a number of Dharma
Sastras, and each is an independent source of authority. The Dharma Sastra of Yajnavalkya is second only to that of Manu.
The Sruti (revealed literature), the Smriti (tradition), the practice of good men, what seems good to one's self (one’s conscience) - these are the basis of the Law.
Men are to be honored according to the following: learning, conduct, years, family and property. A Sudra, if he excels in any of these respects, is worthy of honor. Those persons who have deviated from their duties should be set upon the right path. And the guilty should be punished according to the severity of the crime. If he breaks the law, any person - even to whom respect is due - should be punished.
Law-suits should be decided according to the Dharma Sastras; free from anger, partiality and thoughts of gain. The trial must be conducted on its own merits, and must be substantiated with proof.
The king may annul decisions of suits which have been decided by force or fraud. Those proper to be witnesses are those who speak the truth, and are straightforward in their conduct. There should be at least three witnesses, and any person may be a witness for any other person.
Other specific points contained in the Dharma Sastra include:
- A woman does not have to pay a debt incurred by her husband.
- A woman has full legal rights over her stridhan or woman’s wealth. Traditionally, this consisted of jewellery and other valuables gifted to her by her parents and later on by her husband.
- A father when partitioning or dividing his property can divide it among his sons (progeny) as he pleases. If partition is made after the father's death, the mother is also entitled to an equal share.
- If any person abuses the handicapped or the diseased by word (or speech), they shall be fined.
- A person who adulterates medicine, oils, perfumes, salt, sugar or other saleable articles (that is, who commits an economic offence) shall be fined.
- The penalty given to a thief should be proportional to the value of the goods stolen.