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Published online by Cambridge University Press: 24 December 2009
No one interested in the Classical Hindu Law could read Dr. S. K. Belvalkar's Critical Note to Śāntiparva, Adhyāya 121, śl. 14 and ff., without experiencing a great curiosity. The important account given by Bhīṣma of the nature and purpose of Daṇḍa (Punishment) incidentally produces an Indian counterpart to the Roman jus naturale, the full implications of which deserve investigation elsewhere. Amongst the details we find a description of Daṇḍa as follows:—
nīlōtpala-dala-śyāmaś=caturdaṃṣṭraś=caturbhujaḥ
aṣṭapān=naikanayanaś=śankukarṇōrdhvarōmavān
jaṭī dvi-jihvas tāmrāsyō mṛja-rāja-tanucchadaḥ ētad-rūpaṃ bibharty=ugraṃ Daṇḍō nityaṃ durāvaraḥ.
page 598 note 1 Fasciscule 19 of the B.O.B.I. edition, published 1950.
page 598 note 2 Kane, , History of Dharmaśāstra, vol. i, pp. 275–9Google Scholar, also J.B.B.R.A.S., 1925, pp. 223–4.Google Scholar
page 598 note 3 It is MS. no. 84 of 1869–1870 in the Bombay Government Collection at the B.O.R.I., Poona.
page 599 note 1 Where it is MS. no. 670B/19001D.
page 599 note 2 To Kane's account of the meaning of Vyavahāra (op. cit., vol. iii, pp. 245–8)Google Scholar one must add a note to the effect that the Kauṭilīya uses the word in III i (Triv. ed. ii, pp. 1 and ff.)Google Scholar in the sense of contract capable of legal effect. In the established context of ‘lawsuit’ the best discussion of the real meaning of the word is found in the Viramitrōdaya at the commencement of the Vyavahāra-prakāśa. From Kane's summary alone it is evident that the problem raised by this Śantiparva text was relegated to the background before those controversies started. Whether vyavahāra was a matter of ventilation of grievances, or the actual adjudication, or the process of trial could be discussed only among those who were certain that it was a phenomenon independent of theological and teleological associations.
page 599 note 3 T bears the name of its owner, Tuljā-jī. Śarabho-jī (Serfoji) was particularly zealous in this subject.
page 600 note 1 As yet unidentified.
page 600 note 2 Reading bhāṣottara for T's bhāvottara.
page 600 note 3 The reference given for this is said to be ‘in dharmaśāstra and arthaśāstra’ and corresponds to Yājñ, . ii, 22Google Scholar, as quoted by the Smṛtisāra, on p. 15Google Scholar, similar to Kāty. as quoted by the Vyavahāra-cintāmani on p. 33Google Scholar. See Dharmakośa, Vyavahāra-kāṇḍa, vol. i, pt. i, pp. 213 and 227.Google Scholar
page 601 note 1 paṇa.
page 601 note 2 vyāghra-carmaṇi saṃviṣṭas=cintayan garuḍa-dhvajaṃ
suvarṇa-pāṇiḥ sumukhaḥ vyavahāre jayaṃ labhed.
page 601 note 3 See Kane, , op. cit., vol. i, pp. 204, 206Google Scholar. Also Jolly, Introduction to translation of Nārada-smṛti (1876), p. xii, note.Google Scholar
page 602 note 1 Mysore edition, p. 16.
page 602 note 2 See Manu, viii, 43.Google Scholar
