Sridhara Vs. Mahidhara

Students of Law study various branches law like Civil Law, Criminal Law, Constitution Law, International Law, Law of Torts, Taxation Law and so on. There are also branches of law like Animal Law, Immigration Law, Family Law, Employment Law and many others. As the boundaries of the society and human activities expand, more and more branches of law are being added. Vast growth in science and technology has brought in some more branches of law. 

In the context of any discussion on the subject of law, the word "jurisprudence" is often used. What is Jurisprudence? Dictionary meaning of Jurisprudence is that it is the study of law and the principles on which it is based. Its meaning is expanded and referred as "The philosophy and theory of law that is primarily concerned with both what law is and what it ought to be". This includes issues of how persons and social relations are understood in legal terms, and of the values in and of law. Jurisprudence also draws its content from philosophy, social order, history, economics, and politics as well. It covers a wide area of human life and its development over the centuries. Certain legal principles may appear to be patently absurd, but one can find the rationale in such ideas by study of jurisprudence. 

Students of law as well as practicing law professionals like lawyers and judges often refer to the development of jurisprudence over the years. Unfortunately, most of the learning in Jurisprudence in law colleges starts with early 16th century. The decisions of "Privy Council" find repeated mentions in jurisprudence. The word jurisprudence itself comes from the Latin phrase "juris prudentia" which means "knowledge of law" or "the study of law". But it is to be remembered that there was an excellent system of administering justice in ancient Greece, China as well as in India and some other parts of the world. 

Vast amount of knowledge accumulated in ancient India was lost when the magnificent libraries in Indian universities and other private libraries were burnt down by invaders. Even then, as the main learning method in ancient India was reading the major texts and memorising them, a stream of knowledge has passed on from the teachers to students over generations in India. A system equivalent to Privy Council and Bar Councils, or even better than that, existed in India long before the ideas of jurisprudence germinated in the west. It is because of this that jurisprudence in India has a history of over 2,000 years!

A 3rd Century AD case known as Sridhara Vs. Mahidhara is a testament to this long heritage of jurisprudence in India.

***** 

Most of the people are familiar with the Hindi film "Sholay" released in 1975, Some may have watched it many times too. There is a scene in that film where the Jailor is talking to the Police Inspector Thakur Baldev Singh (played by Sanjeev Kumar). Inspector has been sanctioned leave and he is proceeding to his home town for celebration of the birthday of the grandson. The jailor is surprised and asks the inspector as to how he has a grandson despite being so young and how many members are there in his family. Inspector replies that he has two sons and two daughters-in-law as well as a daughter who is to be got married soon. He says, "in villages we get married early. I got married early. My son was born when I was very young. He was married early and my grandson was also born when I was young!". This was true until the end of last century. Three generations were common in families and there were four generations alive in many families. There used to be a special function when the fourth generation child arrived, known as "Prapoutra Darshana Shanti" which is popularly known as "Kanakabhisheka" (Please Click Here to read about this celebration). There were also rare families where there were five generations of persons alive at the same time, though for a very short time span.

The four  generations are known as Pita (Father), Putra (Son), Poutra (Grandson) and Prapoutra (Great Grandson) in Sanskrit, when considered in descending order. In the ascending order it becomes Atman (Self), Pita (father), Pitamaha (Grandfather) and Prapitamaha (Great Grandfather).  When a person accepts Sanyas, he cannot have anyone performing his shraadda in future. Hence he performs his own shraadda and then takes sanyas. Such shradda is, therefore, known as Atma Shraadda, which means performing one's own shraadda. If the fifth generation elder is alive, he will be known as Vruddha Prapitamaha (Great Great Grandfather). This is why during the Sapindikarana Shraadda (usually performed on the 12th day after death of a person), the sons include their father with the earlier three generations and release the fifth generation person by giving him "Swarga Patheya" (Patheya means something for use during the journey. Patha means the way or road) and send him to heaven so that they are left with the three generation elders for future shraddas.

This information is required to understand the contents of the judgement in Mahidhara Vs. Sridhara.

*****

Some 1,700 years ago, in the 3rd century AD, there lived a family of four generations in Pataliputra, present day Patna. Gadadhara (Father or Pita), Chakradhara (Son or Putra), Giridhara (Grandson or Poutra) and Mahidhara (Great grandson or Prapoutra) lived with other members of the family. For the purpose of the family requirements, Gadadhara borrowed 10,000 panas (coins or unit of money at that time) at a rate of interest of 2 percent per month (similar to today's credit cards as it works out to more than 24% when compounded) from a money lender named Sridhara. An epidemic struck the area some time thereafter (like the present day Corona) and large number of people died due to it. In the family of the borrower, Gadadhara, Chakradhara and Giridhara died leaving behind Mahidhara, the great grand son of Gadadhara. 

When Sridhara demanded the return of the loan amount from Mahidhara, Mahidhara refused the obligation to repay as the money was borrowed by his great grand father. Aggrieved by this Sridhara filed a case against Mahidhara in the court. Mahidhara consulted a lawyer by name Smartha Dhurandhara (The word Durandhara means one who is capable of taking or holding the load!). Durandhara told Mahidhara that the shastras say that the liability is up to Poutra (meaning grandson) and hence he need not pay. He argued as such in the court. The court agreed with the argument, but felt that justice is not done to Sridhara because Mahidhara got all the assets of his great grandfather but is escaping the liability due to this technical interpretation. The court referred the matter to a higher forum, similar to later day Privy Councils. it was known as "Pandita Mandali", a group of scholars.

Pandita Mandali considered the case and relied on the principle that "when an asset passes on, corresponding liabilities also pass on", and held that Mahidhara cannot escape the liability of repayment of the loan taken by his great grandfather as he has inherited all his assets. The suit was decreed as such. Mandali held that Mahidhara is bound by the "Doctrine of pious obligations" and hence bound to repay the loan. The Pandita Mandali took serious note of the pleadings of Smartha Durandhara and cancelled his "Sannad" (authority to practice law) as his stand was false, vexatious and misguiding the society!

*****

Justice M Rama Jois was an eminent advocate from Karnataka who later served as a Chief Justice of Punjab and Haryana High Court, Rajya Sabha member and Governor of Bihar and Jharkhand states. Mandagadde Rama Jois (1931-2021)  had studied several interesting cases of the country in his career while working in the courts as advocate and judge, as well as Governor of Bihar and Jharkhand states. He has written several books enumerating those interesting cases, including the above one, in his books, His book "Legal and Constitutional History of India" is considered as of immense value for understanding development of Jurisprudence in India.

The proceedings of Supreme court and High Courts in India is being shown live for the last few months. In one of the High Court of Karnataka cases recently, a litigant made a submission before Hon. Justice Sreeshananda that his father had not left anything for him. The judge observed that the litigant is standing in the court because his father has left him behind and mentioned the above case. It is not proper to expect that parents should leave behind assets for the children. On the other hand, the children should develop capabilities to create assets on their own.

Justice Shreeshanda is considered as a very learned judge and his court proceedings are often a source to learn about many things in law as well as life, His observations recently about two cases, however, came for sharp reactions from public as well as the Supreme Court. The judge expressed regrets about these observations in the open court later on.

*****

The case of Sridhara Vs. Mahidhara has many lessons for students and practitioners of law as well as general public about several important aspects of law and life at large, It also explains how jurisprudence evolves over time and enhances effectiveness of administration of justice.

Healing And Helping Hands

Freedom from foreign rule in 1947 brought with it many challenges for a new independent India. One of them was demand for re-organisation of states. One generally accepted idea was to bring all contiguous areas that spoke a particular language under one state. This demand for linguistic states gained momentum after independence and was finally accepted by the Union Government. A mass movement for creating a broad Kannada speaking state was already set in motion from as early as 1905. All areas with majority of people speaking Kannada language were merged and "Mysore State" was reorganised as "Vishala Mysore State", meaning broader Mysore state. On the first day of November, 1956 the reorganised state was officially born. Since then, November 1st is celebrated as "Kannada Rajyotsava" day. Many areas that were under Bombay, Hyderabad and Madras provinces were merged under "States Reorganisation Act, 1956" and new Vishala Mysore took birth. As children, we were taught a series of many riddles which started with a jaggery square (Bellada Acchu - ಬೆಲ್ಲದ ಅಚ್ಚು) that finally ended with "Vishala Mysuru". Mysore state was renamed as "Karnataka" in 1973. 

Bijapur was one of the areas that got merged with Mysore State from the Hyderabad areas when states were reorganised. A city founded by the Kalyana Chalukya dynasty, a proud Kannada kings lineage over a thousand years ago, it was later on a seat of power for the Adil Shahi dynasty. It is known for many things; its cultural glory, traditions under the Chalukya and Bahamani rulers, Sufi heritage, commercial importance etc. "Gol Gumbaz" is a heritage site and big tourist attraction. The city was founded as "Vijayapura", symbolising a historical victory for the founding rulers. In course of time it came to be known as Bijapur. Its original name "Vijayapura" has been recently restored. 

*****

Alibaug or Alibag town is a city in Maharashtra state and headquarters of Raigad district. It is located at about 100 KM to the south of Mumbai city. It is the place of the Godess of Konkan, Devi Padmakshi Renuka. Alibaug has a history of over 2000 years and it is believed that the Jews first landed in India here, to escape persecution in Roman empire at that time. A wealthy Isralite by name Eli used to live in a big garden with many coconut trees here. It was referred as "Eli cha Bagh" in Marathi by the local people. Eli cha bagh in due course came to be known as Alibaug or Alibag.

Alibag was an important port and naval centre during the rule of Chhatrapati Shivaji Maharaj. The Maratha Admiral Kanhoji Angre spent his later years here and his samadhi can be seen even today (see picture above). There are many historical and modren places of tourist interest in and around Alibaug. 

*****

Many many years ago, there lived a young woman by name Ammavva in Vijayapura or Bijapur. In Kannada language, as also in many other Indian languages, Amma means mother. In some parts of south India, Avva also means mother. This woman was Ammavva, and true to her name she was like a mother personified. An extremely kind and pious human being, she spent most of her time in helping the people around her, especially the the weak, sick and aged ones. She was very popular in her area and loved by one and all.

Though married for several years Ammavva did not have any children and this was bothering her very much. She used to visit the local Shiva temple every day and pray for a child. On one such visit she sat in an evening discourse by a local pandit about the various qualities of Lord Shiva. The pandit explained that Lord Shiva has no parents to take care of him, but he took care of the whole world. He did not have a house to live and hence lived in the burial ground (smashaana). He had two wives, Gange and Gowri, who quarrelled frequently. The pandit went on explaining thus. Ammavva felt very bad for Lord Shiva and went home worrying about him.

Even after reaching home Ammavva continued to worry about Lord Shiva. She begged Shiva to become her child so that she can give all her love to him and take care of him as a true mother. The Lord was pleased with her devotion and appeared in his most popular form, that of a Linga, which in this case was a soft Shivalinga instead of the hard stone like structure. Ammavva was very pleased with the appearance of the lump of clay like substance on her lap. She moulded the lump into the form of a child using her hand and fingers. And Lo, the child like form came to life and started to move like a real child. Ammavva was very happy now and took care of the child with all her love and devotion. For several months thereon, she enjoyed being a mother. Her entire life was now centred around the child!

*****

The government hospital in Alibaug was like any other government hospital in the early years after independence. There were no real facilities for taking care of the sick and wounded. Physical facilities were minimal. Funds for health care were frugal but the inflow of sick patients was ever increasing. The Surgeon was a very kind man and did his best in the given circumstances. 

The staff of the hospital were devoted to their tasks and provided good support to the surgeon. Whatever the short comings in the systems, the team worked for the welfare of the people around them.

*****

Lord Shiva wanted to have a final test for the devotion of Ammavva. When she woke up in the morning on a particular day, she found the child to be in a state of extreme sickness and all the organs were sucked in without any motions. The child was unable to breathe properly and it looked like it won't survive the day. Ammavva did everything at her command and tried all the various herbs and actions she knew to handle sick children. There was no use and the child's condition turned worse with every passing hour. Ammavva decided that she could not see the child die and it was better for her to die before the child dies. She prepared a potion of deadly herbs and got ready to end her life by drinking it.

*****

The surgeon was examining the serious injuries suffered by the just brought in patient. The middle aged woman was lying on the stretcher.  She was in advanced stage of pregnancy. The relatives who brought her to the hospital had informed that she was married for some eleven years and had now become pregnant and looked forward to the arrival of the first child with all enthusiasm. Unfortunately, when she was going in the agricultural fields on her usual errands, a stray bull came charging towards her and she fell down. The bull attacked her with its horns. She was saved by the passersby and immediately moved to the hospital. 

The bulls horn had made a deep hole in the belly of the woman and the surgeon could see the hand of the child in the womb through the gaping hole. The wound had to be closed by stitching the layers of the womb. But the little hand was in the way. There was no method available to push back the little hand and stitch the wound. The surgeon was in a quandary. 

The relatives and others who accompanied the patient were unanimous in their request. The bigger life should be saved and it was the priority. May be she may be able to have a child later on. Save her at all costs, was the plea. 

*****

Just as Ammava lifted the glass of poisonous potion to kill herself before the child dies, Lord shiva appeared before her and held her hand holding the potion. He was thrilled by the love and devotion she had for the Lord. He gave boons to her. She would soon have her own children and she would continue to serve the people around her. She will not just have children but they would be healthy and happy as well. He went further in his boons. Not only Ammavva's children would be healthy and happy, but also all children of those who recalled and retold the story of Ammavva's devotion to the Lord! He instructed his trusted servant-in-chief Nandeeswara  to spread the message of ammavva's story and this boon all over the world.

A folk song containing the above story of Ammavva was soon a big hit in the area. Any mother who found a child sick would recite this song and invoke the blessings of the Lord to cure the disease or illness!

*****

As the surgeon was looking at the patient and unable to decide on the next step, all his staff in the operation theatre were standing nearby awaiting further instructions. Among them was a male helper standing a little away from others. He was an alcoholic and others did not want his company. His job was to sterilise the wounds. The staff just tolerated him because he was otherwise a very good human being and did his duties very sincerely. Like some great musicians who were alcoholic, but people tolerated all their pranks just for the wonderful musical talent they had in them.

The helper hesitantly walked up to the surgeon and whispered something in his ears. The surgeon stared at him with a quizzical look. The helper strongly nodded his head affirming what he had just told the doctor. The surgeon decided to implement the suggestion as he had no other alternative at all.

The needle used for giving the injection was heated up. The surgeon took the syringe hesitantly and looked at the little hand in contemplation. Very reluctantly he touched the little hand of the child in the womb with the tip of the hot syringe. Ah, it worked!. As a reflex action, the child pulled its hand inside giving just enough space for the wound to be stitched! Further things were easy. The wound was stitched up, dressed and the patient was kept under close watch for sometime. The wound healed and everything appeared fine.

In another two months time the woman delivered a healthy baby. The surgeon was now holding the little hand of the smiling baby in his hands recalling his touching it with a hot syringe needle a few days ago, with the smiling Sande (helper who gave suggestion) by his side.

*****

I have heard my mother sing Ammavva's song several dozen times in my childhood when myself and my siblings fell sick and were being nursed back to normal health. Changes of modren life have rendered the song obsolete. I could not find anyone remember and recite this song now. The song did more than just repose faith in the Lord. It allowed the mother to do her household chores while singing the song. It also gave comfort to the sick child that the mother is just there for him or her. Faith and love moves mountains, they say.

A brief account of the surgeon's plight handling the wounded woman's womb was circulating in WhatsApp last week. When I dived further into it, I stumbled on a book titled "Behind the Mask" by Dr Subhash Munje. The word "Mask" in the title of the book refers to the surgical mask used in the operation theatres. Dr Subhash Munje is the surgeon referred in the WhatsApp quote. He has narrated many experiences he had in his career as a surgeon and states that the helper Sande was his Guru on the eventful day. Sande had the presence of mind which was backed up by his own observation skills in the OT. Dr Subhash Munje has narrated many of his unique experiences and learning he acquired from various people around him and many strange situations he faced in his profession. He mentions that many solutions that were found to solve such unheard situations won't be found in any books or taught in any medical colleges. 

We know by our own experiences that we too learn from many such people and situations in various walks of life. We recognise them sometimes, but we often miss both the lessons as well as recognising the people who give such insights.

We are all beneficiaries of such healing and helping hands at one time or the other in our lives. Some are known to us and some are unknown. The unknown hands help us and before we turn to acknowledge them, they are gone!

*****

This brings me to the mark of 400 published blog posts. It has been a very enjoyable and personally satisfying journey. I am beholden to the family members, friends and well-wishers who have encouraged me all along. The journey continues....