Dr.R.Nagaswamy
#6B8E23
Restrictions on arrest of Men and Women-a Chola example
An essential function of the king is to Arrest a person who committs a crime, conduct enquiry and impose punishment. But there are also certain restrictions imposed on arrests. In this connection an epigraph dated 1010 CE from Tamilnad would be read with interest.
The inscription, in Tamil dated in the 25th regnal year of the Chola king Raja Kesarivarman (Rajaraja chola I) is found on a pillar in the mandapa in front of the Varadaraja perumal temple, in Kaveripakkam village, Arakonam taluk, North Arcot district. The inscription copied by the Government Epigraphist - ARE 400/1905, iS published in South Indian inscription volume 13. No. 312.
A brief introduction by the editor reads - "This is probably an inscription of Rajaraja I. It records some regulations, banning the servie of women (for conducting the festivals in the temple) as decided by the Great Village Assembly (Mahasabha) of Kavidipakkam alias Avaninarayana caturvedimangalam in Paduvur kottam, on an order received by them from the king through Venbaik-kudi nattu velar. Avaninarayana was a title of Pallava Nandivarman III. We learn that the assumbly comprised the committees, Ur-variyan, Udasina-variyam, Eri-variyam, Kalani-variyam, the Bhattas and Visishtas of the village".
The inscription is of for greater significance than mentioned by the editor.
The inscription may be divided into six parts as follows:
1) The king and date of the record
2) The assembly of (mahasaba) the village.
3) An officer of the king who arrived with the royal decision.
4) The royal decision
5) The village assembly passed a resolution as per the royal decision
and
6) The Madhyastha of the village who drafted the resolutions under the orders of the village assembly.
A translation of the inscription is given below followed by a discussion on the salient features of the record.
1. Svasti Sri. In the 25th regnal year of the king Raja Kesarivarman.
2. The (mahasabha), Great Assembly of the village, Kavidipakkam also known as Avani-narayana caturvedi mangalam (in the sub division paduvur-kottam) consisting of the members of ur-varyam (the village committee) Udasina-varvam, Eri-varyam (tank committee), Kalni-varyam (Field committee), Bhattas (exponents of sastras), and Visishtas (noblemen), having assembled in the Kamakottam the village
3. and having heard from Venbaikkudi velar, who arrived under the ordes of Perumanadi (king) with the royal decision that
4. (a) You (the mahasabha) are exempted from accepting any instrument of legal action (karana)(warrent of arest to be executed) either on a full moon day (uva), the first day of the bright fortnight (pratipat) or the sankranti day
(b) In case any such instrument of action is served no male (purushas) or female member (strikal) should be taken to the village assembly hall (or court-ambalam).
(c) Those who takes women to the court hall (in centravention of this decision) commit crime against the king and the village assembly.
(d) the king has ordered that you the village assembly (mahasabha) pass a resolution (vyavastha) to this effect and have it engraved on stone (sila-lekha).
5. Having listened to Venbaikudi velar, who came to the mahasabha and narrated thus, the members and the sabha resolved that
(i) there is no need to accept any instrument of legal action served on the day of Uva, Pratipat and Sankranti
(ii) When any is served (on other days)the male members (purusha) may be taken (arrested) to the court Hall, ambalam.
(iii) If the male member is not to be found, the wnanfolk (strikal) should not be taken (captured)
(iv) These who take them, do crime against the sabha and the king.
(v) This resolution should be enforced by the administrative officer of the village and the members of the Samvatsara varyam committee of the respective years (of occurene)
(vi) Even if a royal order is received (Raja-niyoga) the functions of the Government or the village (Raja-karya and grama karya) should not be effected (on these days).
(vii) This is the resolution of us, the members of Mahasabha, which included the membrs of the six committees of this ambalam,
(6) Under orders of this assembly, I, the madhyastha of this village drafted this . . . ."
From the above, it is clear that the inscription, is intended to place some resstriction on arrests of men on some specific days in a month,and also arrests of women. The main purport of the inscription is -
1) The village assembly is exempted from accepting any notice as instrument of action on three days
2) Neither the defaulting male member nor his womenfolk should be summoned to the village curt on these three days.
3) On other days, only the erring male member should be taken to the village court and
(4) In case the erring male was not found (abscending), his womenfolk should not be taken to the village court.
The great assembly (mahasabha) met in the Kamakkottam of the village is the important point that deserves attention. Kamakkottom, is a term used for the temple of goddess Parvati. In very many inscriptions of the cholas, the shrine of the Goddess in Siva temples is called Kamakkottam. In some instances, the temple of the goddess also was located outside the Siva temple complex as in the case of Kamakshi at Kanchipuram. In the worship of the goddess Kamakshi also known as Lalita Tripurasundari and Rajarajesvari, the three days mentioned in the inscription were obviously held sacred. In Tantric worship, the full moon day (Pournima), (Uva in Tamil) is the most important puja and occupied a very great place is well known. So also the first day of the bright fortnight is an important day for the worship of the goddess. In the Lalita Sahasranama, the sanctity of the first day of the fortnight in the worship of the goddess is emphasized. According to Bhaskararaya, the famous commentator, the word Pratipat would denote Kamesvari.
Pratipat means Prathama, the first day of the fortnight. Sankratni is a great auspicisus day is also well known. Thus the three days Paurnami, Prathama and Sankranti are venerated days for the goddess, the Supreme female principle. On these three days the women are worshipped as the very incarnations of the goddess by the Hindus. Nothing should be done to hurt the feelings of women especially on these days.
The royal decision had two important implications that (a) the feelings of women should not be hurt by arresting men, on these days As such, prohibition was imposed on serving any legal instruments of action on these days. (b) On other days if the male to be arrested was not found, the women folk of his family should not be taken to the village court and coerced. In all probability such a custom of taking women to the village court, to compel the male member to give himself up, was prevalent and that the king prohibited this custom, by declaring such an action as a crime against the crown. Such a prohibition was not only against the king's Government but also against the village assembly. So the village assembly was also directed to pass such a resolution. It was precisely for this reason the village assembly met at the Kamakottam of the village which obviously played a very important role in the life of the people of this village.
It is interesting to note that Narada in his legal text "Dhrma sastra", mentions such prohibitions on arrests: - I. 46. One arresting improperly is liable to penalty; 47. One desirious of celebrating his nuptials, afflicted with an illness, about to perform a sacrifice, distressed, sued by another party employed in the king's service; 48. Cowherds while tending their cattle, husbandmen in the act of cultivation, artisans engaged in trades, soldiers engaged in warefare; 49. A minor, a messenger, one about to give alms for fulfilling a vow and one surrounded by difficulties, must not arrested by the adversary, nor summoned by the king.
The above citations from Narada, shows that according to ancient Dharma sastras, imposing restrictions on arrest of men, was well established. What the present inscription shows in the concern of the king for the protection of women and their feelings. It is an interesting example of Rajaraja chola's judicial administration.