Ramayana Revisited: An Epic Through a Legal Prism

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Rama, Maryada Purushottam, the king of Ayodhya, banished his beloved queen, in whose chastity he had complete faith, simply because his subjects disapproved of his accepting a wife who had spent a year in the house of her abductor. The king submitted to the will of the people though it broke his heart. Was his stand justified?

Could Manthara be held solely responsible for the banishment of Rama and the subsequent death of Dasharatha?

Was Ahalya an adulteress or a victim of sexual assault?

Did the actions of the serial molester Ravana stand legal scrutiny?

Was Lakshmana, a prince of Ayodhya, legally justified in mutilating Surpanakha? Was his elder brother Rama an accomplice in that action?

It was said in ancient India, a king who, after having sworn to safeguard his subjects, failed to protect should be executed like a mad dog. Such a provision indicated that sovereignty was based on an implied social contract, and if the king violated the traditional pact, he forfeited his kingship. So, a king had to be just as justice trickled down from the crown. What happens though if the events of yore are retold and characters made to stand trial in today's time?

Here is an attempt, unexplored so far, to retell the significant happenings narrated in the Ramayana through the legal prism of the Indian Penal Code. Each chapter comprises a prosecution version, citations of relevant provisions from the IPC, deposition of witnesses and the defence argument. Ramayana Revisited succeeds in bringing in all alternative perspectives, leaving the final judgement to the discretion of the reader.

Anil Maheshwari served for about five decades in journalism and retired from the Hindustan Times as a Special Correspondent.

Vipul Maheshwari is a prominent advocate in the Supreme Court and was an Additional Advocate General of Haryana. He has been privileged to have President A.P.J. Abdul Kalam and Justice K.T. Thomas as his mentors.

The word 'dharma' cannot be easily translated into English. The meaning depends on the context. There is moksha dharma, the pursuit of emancipation. There is raja dharma, practised by kings, to protect the virtuous and punish the wicked, a bit similar to what we would call governance today. There is varnashrama dharma, a template of tasks an individual is expected to perform, depending on the varna and the ashrama. There is also dharma in the sense of ethics or morality. This is 'good' and that is 'bad'. In other traditions, what is good and what is bad is often portrayed in black and white. There are no shades of grey. In our sacred texts, of which the Ramayana and the Mahabharata are examples, the answer is never categorical. It is always nuanced. In a given situation, in a given context, an individual typically faces a conflict of dharma. Should I do this or should I do that? The answer isn't clear. The pursuit of moksha dharma or varnashrama dharma doesn't tell me what I should do.

Ramayana Revisited: An Epic through a Legal Prism is a well-crafted work, which brings out the essence of intrinsic principles relevant even to the present-day legal world. Both the Ramayana and the Mahabharata deal with a variety of dharmashastras in every important episode that is traceable to several legal concepts, both in civil law and criminal law as well as administrative law. Dharma is a concept which defies any precise definition. Any righteous action is akin to dharma. Where one follows dharma justice is done. Even the seal-emblem of the Supreme Court of India contains the inscription: 'Yato Dharmastato Jaya', which means to whence justice (dharma) thence victory.

The authors have culled out important instances dealing with important characters in the Ramayana and the treatment meted out to them from the perspective of the Indian Penal Code by succinctly putting forth the case of the prosecution and the case of the defence supplemented by the deposition of witnesses. The innocence or culpability of the persons in the dock has been prudently left to the wisdom of the readers. The act of Lord Rama's killing of Vali from behind a tree is often portrayed as a stain on his otherwise spotless and virtuous character. I vividly remember one of the greatest acharyas and scholar, Srimad Thirukudanthai Andavan Swamigal, who used to deal with both the viewpoints of King Vali killed by Lord Rama hiding from a distance. King Vali would put forth several arguments including the violation of principles of natural justice since Lord Rama had not alerted him before attacking him. He even went to the extent of accusing that it was akin to killing in a fake encounter. The Lord countered each of the points and being satisfied King Vali surrendered at his feet and attained salvation.

The authors have deftly dealt with this incident and others in the epic Ramayana as far as the legal perspective is concerned. This venture is rather unique and will be a refreshing read for any reader.