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Mutilation of body parts is a remnant of the ancient Hindu punishment. It was used when an offender caused injuries to the victim. Mutilation was most typically seen as a punishment in cases of theft, robbery, and adultery as a way of making the criminal an example to the public because the mutilated body was a horrifying sight.
Hindu law books tend to prohibit ayoni, but epic narratives and Puranas, on the contrary, describes the birth of heroic children or even gods from this kind of sex. Sometimes such a contradiction can be found even within the same text, such as in the Mahabharata .
Other scholars have expressed the same view, based on epigraphical, archaeological and textual evidence from medieval Hindu kingdoms in Gujarat, Kerala and Tamil Nadu, while acknowledging that Manusmriti was influential to the South Asian history of law and was a theoretical resource.
The Brahmin was an integral part of the administration of classical Hindu law. For Gautama, the Brahmins and the king sustain the divine order of the world, the Brahmins with their council and the king by punishment. [2] In this way, dharma cannot come to fruition without the two castes’ cooperation.
The classical texts of Hinduism devote numerous chapters to discussing what people who practice the virtue of ahimsa can and must do when faced with war, violent threat, or the need to sentence someone convicted of a crime. These discussions have led to theories of just war, ideas of reasonable self-defense, and views of proportionate punishment.
Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. [1] [2] [3] Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts. [4]
The fundamental meaning of Dharma in Dharmasūtras, states Olivelle is diverse, and includes accepted norms of behavior, procedures within a ritual, moral actions, righteousness and ethical attitudes, civil and criminal law, legal procedures and penance or punishment, and guidelines for proper and productive living.
Source: [11] A regulation for declaring the practice of sati, or of burning or burying alive the widows of Hindus, illegal, and punishable by the criminal courts, passed by the governor-general in council on 4 December 1829, corresponding with the 20th Aughun 1236 Bengal era; the 23rd Aughun 1237 Fasli; the 21st Aughun 1237 Vilayati; the 8th Aughun 1886 Samavat; and the 6th Jamadi-us-Sani 1245 ...