Smritishastra
Smritishastra Hindu law-treatises written in sanskrit that describe religious and social practices. buddhism had a deep and pervasive impact on society during the rule of the Buddhist Pala kings in Bengal (c 750-1155). This made the tantric (service-book) worship of the Shaktas popular. During Muslim rule, a liberal vaisnavism propounded by Chaitnadyadev (1486-1533) eased the strict caste system of the Hindus a little. Tantric practice, on the otherhand, opposed Brahminism, and gave women and shudra rights to religious practices. Leaders of the Brahmin society then composed the smritis (law-treatises) to control society by regulating social and religious practices. This lead to a smriti community in Bengal, as in other places in India, who composed numerous law digests.
The law-experts of Bengal or Gauda flourished over three broadly classified periods-pre-Raghunandan era, Raghunandan era and post-Raghunandan era. The earliest smriti expert in the pre-Raghunandan era was probably Bhabadeva Bhatta who lived probably sometime between 800 and 1100 AD. He mentioned some experts of Bengal like Valaka, Jikana etc, who preceded aim, but none of their works has been extant. Bhabadeva authored famous treatises like Karmanusthana Paddhati and Prayashchittaprakarana (or Nirupana). Another expert of this era, jimutvahana (c 1050-1150) wrote dayabhaga, which is considered to be the most authoritative treatise on ownership and inheritance laws in Hindu society.
Danasagara and Adbhutasagara are two noted law digests imputed to King vallalasena (c 1158-79) who introduced the kulin tradition (payment to brahmins of high birth). His guru Aniruddha wrote Haralata and Pitrdayita. The Brahmanasarvasva by Halayudha, who probably worked as a superintendent or judge under laksmanasena, is an authoritative work. shulapani (c 12th-13th centuries) wrote at least eleven law digests on different subjects. Shraddhaviveka and Prayashcittaviveka are two of his famous works. Raymukut' vrihaspati mishra (c early half of the 15th century) wrote the Smritiratnahara. Krtyatattvarnava, one of many treatises attributed to Shrinath Acharyachudamani, Raghunandan's teacher, is a famous book. Kullukabhatta, also of this period, wrote the popular commentary to Manusmriti called Manvarthamuktavali or the laws of Manu.
raghunandan bhattacharya (15th-16th centuries) was the chief of the writers of law-treatise of Bengal. According to Malamasatattva, he wrote twenty-eight treatises on the law which regulated the Hindu society of Bengal for many years. Apart from writing critical analyses of the law, he also had a bent for social refrom. He was the first to give recognition to tantric practice, which had been neglected till then and was looked down upon by the Brahmins. Although the wedding of the younger sister ahead of the elder is condemned by society, he gave a ruling allowing the younger sister's wedding when the elder's was delayed for some unavoidable reasons. Almost contemporaneous with Raghunandan, Govindananda wrote four digests including Danakriyakaumudi, Varsakriyakaumudi etc, in addition to his commentary to Prayschittaviveka by Shulapani and Shuddhidipika by Shrinivasa.
Most law treatises of the post-Raghunandan era are either compendiums or practical handbooks for priests. But chandrakanta tarkalangkar (1836-1910), a noted scholar of this era, left his mark in three volumes called Udvahachandraloka, Shuddhichandraloka and Aurdhvadehika Chandraloka. He refuted many arguments of Raghunandan and put forth his own ideas. Jagannath Tarkapanchanan (dead 1806) and baneshwar vidyalankar (1665/1700-1788), wrote two law treatises, Vivadabhabgarnava and Vivadarnavasetu (1766), to help British judges in the process of adjudication.
The subject matters of the smriti digests can broadly be classified as achara (code of conduct), prayashchitta (expiation) and vyavahara (jurisprudence). Some law digests refer to works published in Mithila, Orissa and Kamrup; the arguments in some of these books are also refuted in it. Some digests, while talking of durga puja, hold kumari puja as indispensable. Although prostitutes are generally slighted, use of soil from the doorstep of the houses where prostitutes live are ruled to be an important element in the bath of the goddess. Some digests prescribe Shavarotsava, the non-Aryan custom of hunting, on the tenth day when devotees, besmeared in muds and wearing twigs and branches, hunt invectives at one another.
The law digest used in Bengal are markedly different in some respects from those in other areas of India. For instance, according to Jimutvahana, a son becomes entitled to ancestral property after his father's death; but law books in other parts of India hold that a child becomes entitled to his father's property right after birth. This law was in currency till the independence of the country.
The ancient law digests rule that it is better for unmarried girl to remain at her father's place till death than to be given in a marriage to an unqualified groom. The Adbhutasagara lists some ominous signs and popular antidotes against them. According to Raghunandan, early fruition in trees, crows or vultures falling on one's head, monkeys on the roof, owls etc. portend ill. People do not strictly adhere to these rulings in todayeducated and changed society. But some of the rulings regarding birth, death, wedding, inheritance etc apply even today. [Suresh Chandra Banerjee]
