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When people were not truthful and declined Dharma and they had hatred or envy, then legal disputes started. Practice of Dharma having declined in man kind, then law suits or vyavahara started.- 'naste vyavaharapravartitah' dharme manusyesu The smrtis arranged the laws, topic-wise called vyavaharapada or the branch of vyavahara. The word vyavahara was defined. vi nanartheva sandehe haranam hara esyate / nana sandeha haranat vyavaharastatah smrtah //

90 Etymologically Vi means 'various', Ava means 'doubt", Hara means 'removing' - > so vyavahara means removal of various doubt. Vyavahara means proceedings in a court of law between two parties in which the violation of dharma is established by effort. This term is the branch or division of law which regulated the rights and liabilities of parties in legal proceedings is called Vyavaharapada. In modern times also this topic is very important one. In Vyavaharamala the disputes or laws have been arranged under eighteen topics. Classification of topics of Vyavaharamala's vyavaharapada are as follows:- Rnadana, Upanidhi, Sambhuyasamuthana, Dathadana, Abhyupethyasustrusa, Vethananapakarma, Aswamivikraya, Vikriyasampradana, Kritwanusaya, Samayanapakarma, Ksethravivada, Dayabhaga, Sahasa, Stripumsambandha, Vakparusya, Dandaparusya, dyuta, and Prazirnaka. Rnadanam - Payment and recovery of debts. A debt must be repaid, and which may not be repaid, by whom, where and what way to be paid, such rules governing and

91 recovering of loans, constitute Rnadanam. The law is imposing the liability to repay the debt by the concerned person. Vedas also introduced the concept of debt and the duty to repay. The Vyavaharamala also placed certain restrictions on the creditors regarding recovery of debt and interest. The law relating to repayment of debt is one of the most illuminating and exhaustively treated subjects in the Vyavaharamala According to this, a debt incurred by a person must be repaid by him, but if he failed to do so, it should be repaid by their relatives. If the debtor is dead, the money borrowed which was spent for the family, must be repaid by his son or relatives. Upanidhi - The act of returning back the deposit. The act of depositing ones possessions such as gold, silver, dress etc for security, in other's house, is called Nyasa. This act of depositing these things for security may be due to the fear of thieves, kings or even enemies. If the owner demands these things back, they will be returned back to him. The things which are subject to vyavahara are called Niksepa. When things

93 topic, different modes of transfer of property such as transaction without any pecuniary consideration, transaction made out of love, affection or gratitude, transaction for a public religious or charitable cause, etc are discribed. According to Vyavaharamala a 'gift' made once was final and it was irrecoverable. The act giving wealth by father or guardian of a maiden at the time of her marriage to a man, was considered as Dana or Gift. This sentiment to some extend prevails even at present. Abhybethyasusrusa - Breach of contract of service. If one, who has undertaken to render service, fails to render service, it is called Abhyupetyasusrusa, a topic of law. There are certain passages in Vyavaharamala which are given importance of contract service by the employees. Employees are normally classified in this rule which corresponds to the modern classification of workers as unskilled, semiskilled and skilled respectively. In Vyavaharamala lowest class of servants should pay six times the grain and cloths to the highest class and the middle class of workers pay three times the grain. Women employees,

92 are given as deposit for security after keeping them in a box and sealing it and thus by maintaining secrecy of the concerned matters, it is called Upanidhi. Sambhuyasamuthana - Partnership. When trades men or the like joined together to carry on any business or enterprise, that is known as Sambhuyasamuthana - a topic of law. It appears that the concept of joint undertakings or partnership for carrying on trade or business ascribed to the Vyavaharamala A few provisions relating to partnership of traders, craftsmen etc were incorporated in Vyavaharamala It consisted of several persons jointly undertaking to carry on a profession, trade or business. Such joint undertakings were termed as Sambhuyasamuthana. Sambhuya means 'several persons coming together' and Samuthana means undertaking. This expression is the equivalent of partnership. Dathadana - Resumption of gift. Where one wishes to resume an article which he has given as gift, it is called Dathadana, which is a title of law. In this

94 in royal service, were paid a fixed daily maintenance for their position and work. Vedananapakarma - Nonpayment of wages. Rewards given to one's work (labour) is wages. If the workers can not complete his duties, the wages should be paid according to the agreement. If an employee does not perform his work after receiving wages, he is liable to pay back double the amount of wages to the employer. If one who received the wages, but fails to discharge the work entrusted, he is liable to pay to the employer a fine equal to the amount of wages. If an employee is unable to do the work owing to illness he may complete the work after he recovers from his illness. If a worker appointed to do a particular work, fails to complete the work, he should pay the whole amount of wages to the employer and hundred Panas fine to the king. An employee is liable to make good the loss caused to the master owing to his negligence.

95 Aswamivikraya - Sale without ownership. When a property held as a deposit belonging to another or property lost and found by a stranger, or a stolen article is sold without the ownership such a sale is called Aswamivikraya. Aswamivikraya is a law relating to transfer of immovable property through sale. The title Aswamivikraya in Vyavaharamala is an important topic. The wealth in this world is of two kinds Jangama and Sthavara means movable and immovable property. A vendor who sold the property without title and should also pay a fine to the king. If the sale was without ownership, it was the duty of the buyer to produce the vendor before the court and he has to prove the purchase was honest and bonafide. Vikriyasampradana - Non-delivery after sale or the law of sale. After selling a property, the vendor fails to give delivery, it gives right to dispute called Vikriyasampradana. If any person sells the goods already sold to another or sold defective goods representing them as the sound one's, he is liable to be

96 punished. This rule imposes a heavy penalty for committing malpractices in trade or by way of selling goods already sold to another. Some times the qualities of goods may be misrepresenting. When a purchaser was ready and willing to take delivery, the second selling was illegal. Whenever a person after buying or selling goods and he feels that he has committed a mistake in buying or selling the article or property, then he is entitled to get back the money paid or article given or sold, He should give back the article with in ten days. Ksetravivada - Boundary dispute. Whenever a decision as regards the boundary of an embankment laid property, is called Ksetravivada. Fixation of boundaries for landed properties, particularly agricultural lands, fields etc so that lands belongs to individuals, villages, and are identifiable, was one of the matters which had drawn the attention in Vyavaharamala The settlement of boundary dispute were laid down and this branch of law was one of the eighteen titles under

97 the heading Ksetravivada. The boundaries were arranged systematically as follows Trees where in existence or planted for the purpose of cultivation. Natural water sources, slopes, hills, fields, gardens etc. Concealed boundaries should be made by coal, bricks, bones etc in the earth. Ksetravivada is connected with several types of disputes. A dispute relating to an embankment for irrigation, a cultivated land, a waste land etc. There are six causes for land dispute - larger extent of share, deficiency of share, existence or nonexistence of share in the land, seizing of position when there was no position and boundary discrepancy. Dayabhaga - partition. Partition of property undertaken by the son and daughters is called Dayabhaga or partition of share and it forms a topic of law. Dayabhaga or partition of share consisted of the law governing the partition of wealth belonging to a family. The ancient Indian law of inheritance and partition has been

98 subjected to several changes by legislations after the formation of the constitution. As per ancient Indian law, the first son of the family should be given importance. Manu says that a wife, a son and a servant - these three are declared to have no property, since the wealth is earned only by the head of family. After the 4 death of the father and mother, sons may divide the property themselves equal shares. The right of ownership arises after partition. Partition during life the time of father is discouraged according to Dharma-shastra The Dayabhaga regulated the right for partition as follows. A coparcenary comes into existence on the death of the father, among his sons and grandsons. If a coparcener dies without male issue his right devolves on his wife or daughter and does not go to the surviving brothers. The share of coparcener is definite and alienable even without partition. 4 Manu - VIII - 416

99 Sahasa. - crimes of violence. Whatever act is done by the use of force sahasa is called crimes of violence. The action is done with force. Sometimes one who robes in the presence of guards or carrying away things by force is Sahasa. It shows that the act of taking away property belonging to a person stealthily, without violence comes under theft. Immovable property by the use of force came under the offence Sahasa. Sahasa was classifieds into three levels depending on the offence, lowest, the middle, the highestUthama, Madhyma and Adhama. Destroying and disfiguring fruits, roots, water resources, agricultural implements the use of force is Sahasa of the lowest level. The Madhyama Sahasa is taking away things such as clothes, cattle, house-hold things etc. forcibly or after inflicting injury. The Uthamasahasa is the assaults on women or any other person afflicting injury effecting his life. Punishment given for the Sahasa of the lowest level, is the payment of fine which is not less than one hundred Panas, for the middle level it is not less than five hundred Panas. For

100 Sahasa of the highest level, it is a fine not less than one hundred Panas and corporal punishment. Stripum sambandhah- duties of husband and wife. The topic of Stripum Sambandhah deals with the law for men and women regarding marriage and such other relationship. Sanctity is attached to the relationship of husband and wife brought by Vivaha the marriage. This is the firm foundation laid by the propounders of Dharma on which the social life was constructed. Vivaha was governed and modified by customs in several aspects. The duties of husband and wife are dealt with as an independent topic of law in Vyavaharamala Oaths taken at marriage indicate that the purpose of marriage was the fulfillment of all aspects of life. The smrtis laid down some laws about a valid marriage. Several conditions were prescribed for arranging a marriage between a man and woman. The concepts that a man and a woman who did not belong to the same Gotra, could not marry was the rule laid down in Dharmasastras and Srutis, e.g. Sapinda (Relatives). As per Stripum Dharma, a dispute between

101 001400 husband and wife should not be brought before the king or any other people's court for jurisdiction. There for it can properly be called an Acrasamhita - code of contact. If any dispute arose between husband and wife, it used to be settled by the Sabha, relatives or elderly members of the cast. Vakparusya - Defamation. The offence of insulting others by words or deeds is Vakparusya. It means the harsh behavior by use of words to another person. This is categorized into three kinds sinful mental actions, evil verbal actions and attacking another person using abusive language. Vyavaharamala declared it as an offence and prescribed punishment for it. If anyone submits false statements of Vakparusya, that person will be punished. Punishment for defamation was mostly a fine starting from the lowest to the highest level. Vyavaharamala states that the charges of the penalty is made with reference to cast and status of a defamed individual and the cast and status of the defamer. Incase the offence was very serious even corporal punishment could be inflicted. Under the

102 ancient law, punishment for Vakparusya was generally imposition of fine and corporal punishment was implemented in very serious cases. Dandaparusya - Assault. - 'Danda' is the object or weapon used for committing the offence. ''Parusya' means inimical behavior. Behavior against another making injury with weapons or other things, wicked bodly actions - the offence is called Dandaparusya. When a person raised his hand to strike another or animal with a view to cause pain, the offence of assault is committed. In Vyavaharamala the various acts constituting the offence of Dandaparusya are as follows - Raising hand to strike, spitting on another, injuring the limbs, injuring cattle or other domestic animals, pulling the leg, hair, clothes etc, causing injury to the sense organs or cause bleeding. More over threatening a person with the use of force or causing pain, causing mental injury by throwing ash, ordure etc are also come under Dandaparusya. -

103 Dyuta samahvaya, Gambling and betting. Vyavaharamala suggests measures to eliminate partially, or fully, the offence of gambling and betting - Dyutasamahvay, from the society. It caused of destruction of kingdoms. According to Vyavaharamala gambling and betting can be prohibited through the wise-advice. It was so powerful and deep rooted in human beings and the full prohibition was impossible. Vyavaharamala suggests the ways of destroying these aspects by the payment of fine etc. Otherwise it will cause the destruction of the kingdom. Every person who engaged in these two aspects should be punished by imposing any penalty or fine. The gambling and betting shall be regulated and can not be stopped, since it has become a source of income, through it creates liabilities to the concerned person. Prakirnaka - Miscellaneous matters. Prakirnaka is one of the eighteen titles of law in Vyavaharamala Several topics are included under miscellaneous categories or mixed up with other topics. Rights and duties are introduced in Vyavaharamala, corresponding

104 many of the topics of modern law. The topics of lease, weights and measures, taxes, laws relating to lost and found articles, punishment etc are included under the heading Prakirnaka. Vyavaharamala is a comprehensive study of Indian laws, both civil and criminal case. The judicial system of Kerala, before the advent of Europeans, had followed the laws propagated by Vyavaharamala for the period of 250 years³.Kerala courts began with the British style from nineteenth century A.D on words. So Vyavaharamala's validity maintained in those periods. This work is an interesting and informative to the students of law, literature, history, politics and sociology. So the work Vyavaharamala helps to apprehend the law systems, customs and usages in the past. 5 Ullur.S.Parameswara lyyer-Introductory portion of Vyavaharamala