chap25
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chapter_25.html
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Mirror of Tamiḻ and Sanskrit
R. Nagaswamy
25. VILLAGE COURTS IN ANCIENT TIMES
There is a growing disillusionment among our villagers that our judicial system is not able to cope with the increasing demands for justice especially in the rural areas for the courts are fewer in number and the number of pending cases in thousands is swelling year after year with no sign of any conclusion. Both the contending parties are either exhausted or disappear without seeing any end to the disputes. The villagers also feel that complaints to the Official machinery or police will not elicit justice as they are too occupied with serving their political masters and their interests.
It is interesting to note in this connection what happened one thousand years ago. Four records coming from Tamiḻnāṭu ranging from the 8th to 13th century show that the ancient paid major attention to village courts which could dispose of many cases at the level of the village itself. Every village had a court with judges appointed from among the permanent residents of the village and necessary administrative staff were provided for their effective functioning. The village judiciary was far more widespread than what it is today. There are records to show that in addition to the existing villages and their courts whenever a new village or colony was established, a village court was established along with it by the King. In some instances, the Village assembly itself created necessary posts of judges and made appointments for them from among the residents. Two inscriptions could be cited to illustrate the point from the Koṅgu country, near Coimbatore, in the time of the Koṅgu Cōḻa rulers in the 13th century. In both these instances, the then-ruling king created two new villages and specified in his order the constitution of the village court. Both these inscriptions are in the Pērūr Śiva temple. In the first instance, the king issued an order to the chiefs of the nearby villages establishing a new village detailing its four boundaries. The king created seven posts of Judges for the new village appointing four Brahmins to four posts and for the remaining three, he appointed three cultivators (Veḷḷāḷars- Kauṇḍers) in the court. The Court was called “manṟu”, the judges’ posts were called “manṟādu” and the judges “manṟādiīs” in the inscriptions. The King also appointed separate village chiefs who were called “ūrāḷi”. Quite late in history the manṟādis were considered the Chiefs of villages as well but this was not the case till the end of the 14th century. This inscription makes it clear that the village chiefs were different from the judges of the village courts. The king also issued orders that no Royal Officer or (Government servant) should enquire or interfere with the works like Judgment (manṟupādu), punishments of offenses (daṇḍa-kuṟṟam) or any other function of the judiciary (eppēr paṭṭavaiyum nam karmikaḷ ārāya kadavar allavākavum). This ensured independence of the judiciary and freedom from Governmental interference in any form. The participation of both Brahmins and Cultivating Agriculturists shows that all sections were represented in the court. This has not been appreciated or recognized by the historians so far.
The second illustration is also from the same village Pērūr in which the same king issued an order to create a new village. According to the record the king captured the modern town of Coimbatore, worshipped at the Śiva temple of Pērūr, and created a new village and gifted it as a temple village. He settled several cultivators in the new village and permitted them to create the required number of judges for the new village and appoint those who were acceptable to them. All those appointed as manṟādi for the posts were agricultural veḷḷālars. There was no Brahmin among the appointees showing that the judiciary went beyond any upper caste prejudice in such administration. In the first illustration, it was the king who created the posts and made the appointments and in the second the same king gave the freedom to the village to create and appoint the judges.
Several inscriptions refer to the village manṟādīs in the sense of judges in the Koṅgu country until the end of the 14th century. The post of manṟādiyār gradually became a family tradition and the presence of several manṟādiyār families in Koṅgu country is rooted in this tradition. This is also mentioned by some as the Pañchāyat system in a vague manner.
One of the important questions that arise in this system is whether a village judge who is not conversant with intricate legal points could serve properly and do justice to the disputes. Some records indicate clearly that no one without adequate knowledge of the legal system could serve in the village court. An 8th-century record from Mānūr in the Pāṇḍyā country illustrates this point in unequivocal terms. There were many legal texts called Dharma-śāstra. A candidate to be appointed as a judge must have mastered at least one law text thoroughly besides knowledge of general qualifications. The Mānūr village was a Brahmin habitation and so anyone to be appointed should have learned one Veda at least and one Brāhmaṇā text and should have mastered one Dharma-śāstra text. The case of a new settler who becomes a permanent inhabitant of that village was expected to pass an examination in the legal text conducted for that purpose. A pass in the required educational qualification is thus a pre-requisite for the post thus ensuring proper legal proceedings. For example, it was the duty of the parents to get their daughter of marriageable age to get her married at the appropriate age but if they failed the girl had the right to choose a husband of her own, and that it is perfectly legal and no one can interfere with her decision. If a group of villagers join together and say that it is the village's decision it was not considered valid in ancient times. The villagers had to abide by the written law code and not take the law into their own hands.
Another stipulation was that the candidate to be appointed as a judge should in addition to qualification be one of proven integrity and conduct to the satisfaction of the villagers (su-vṛttarāy iruppār).
One can not be appointed because he belongs to one section of the village or party as sometimes complained in modern times.
While enough freedom was assured for the judiciary, the judges could also be tried for bribery or abetment to obstruction of justice. Further, there were many subcommittees in villages to look after their secular administration, such as irrigation, fields and gardens, transport, maintenance of tanks, taxation, and so on, as part of the Village Assemblies. It is specifically mentioned in the Coimbatore record that those appointed for judiciary should not be appointed for any other committee. There were also appeal courts like the territorial courts where one could appeal against a judgment and if not satisfied can appeal to the king assisted by highly learned judges who served as the Supreme Court in ancient times.
Besides there was another important factor that contributed to the efficient functioning of the village courts. It is known that the society set before itself the highest ideals in matters of justice like the historic judgment of the Cōḻa King, Manu-nīthi Cōḻa who punished his own son, a crown prince, who caused the death of a calf. There was also the great legend of King Harischandra who stood for truth at all costs and refused to tell even a single lie when he lost everything in this world.
These ideals were by the words of everyone in the society, there were many legal texts which were in Sanskrit, like the Manu’s Dharma-śāstra that were available through readable, lucid translations so that all villagers could follow. Ancient translations of Manu are available which narrowed the gap between the villagers and their judicial system. This close acquaintance with the traditional law was very active till the end of the 14th century and gradually faded with the incursion of alien rule and faiths. With the establishment of Colonial rule and the thrusting of the Western judicial system, the villagers lost contact with their own legal system both due to the foreign language and the play of intermediaries. The colonial system was not done away with, even after the advent of Independence but seemed to have been further strengthened. The native studies dwindled. But, simultaneously the village court lost its place and no attempt was made to get lucid translations of existing laws to reach the villages. The transition from Independence to modern times has created a vacuum. Only some attention is being paid now to come to grips with the situation. With the explosion of population, inadequate number of courts at the village level, and the rapid migration of intellectuals from the rural to urban areas and with no incentives for law students to serve at the village level, leaves a great gap in the concept of village judiciary. A rethinking of the Village Courts is perhaps required for the establishment of more such institutions suitably strengthened to cater to modern times.