Bharatiya Vidya Bhavan Library, Mumbai
Economics In Kautilya
Front matter
•'रामहि केवल प्रेमु पिआरा'
Calculia Sanskrit College Research Series No. Lill
BOARD OF EDITORS :
DR RADHA GOVINDA BASAK, MA, PRD,
Vidzīı úcaspali, Chairman
DR SUNITI KUMAR CHATTERJI, MA, DLIIT (LOND)
PROFESSOR DR BENOY CHANDRA SEN, MA, LLB.
PRS, PHD (LOND), FAS
PROI ESSOR SATINDRA CHANDRA NYAYĀCĀRYA
DR GAURINATH SASTRI, MA, D LITT., PRS
Secretary & General Cditor
SRI NANIGOPAL TARKATIRTHA, Editor
ECONOMICS IN KAUTILYA
BY
BENOY OHANDRA SEN, M A., LL.B, P.R S., PH D (LOND.). FAS.
Professor of Indology,
Department of Post-Graduate Training & Rescarch,
Sanskrit College, Calcutta
SANSKRIT COLLEGE
CALCUTTA
1967
*
'रामहि केवल प्रेमु पिआरा'*
Published by
The Principal. Sanskrit College,
1, Bankim Chatterjee Street,
Calcutta-12
Price Rs. 25.00 only
Dedicated
to
the imperishable memory
of
PANDIT ISWAR CHANDRA VIDYASAGAR,
to whom the ancient wisdom of India was an active source of
inspiration for his great contributions to the development of
literature and the cause of social progress at a turning-point
in her bistory.
* 'रामहि केवल प्रेमु पिआरा'' FOREWORD It is with great pleasure that I introduce Dr Benoy Chandra Sens Economics in Kautilya which is the latest publication in our Research Series The author is one of our front-rank historians who after nearly 36 years of distinguished service in the Post graduate Department of Calcutta University joined this College as the first Professor of Indology in its department of Post-graduate Training and Research towards the end of 1962 Dr Sen has brought to bear upon his study of Kautilya a fresh outlook which for its originality fully justifies the appearance of this new book even though a vast literature has accumulated round the Arthasástra since the publication more than half a century aga of the text from Mysore which created a great impression all over the scholarly world as i mine of information regarding the culturc and civilisation of ancient India Although much has been said and written about Kautilya and his Arthasistra over the years there are still many problems connected with the subject on which perhaps it may not be safe to pronounce any definite opinion yet New materials are still forthcoming and further research is in progress which may ultimately throw fresh light on the interpretation of many doubtful passage of the text and the question of its authorship Dr Sen who has studied the Kauflyr Arthasistra for many years with great ability and critical acumen gives the results of his mature judgement in this book which in each of its 14 chapters shows a rare approach in its mastery over details and insight into the pragmatic foundations of the economy revealed in the tett It is a matter of gratification to that our institution 15 not 118g ng behind other contres of Indological US
'रामहि केवल प्रेमु पिआरा'*
X
research in
its appreciation of the importance attached to the
study of Kautilya to which the present publication is an authentic
testimony De Sen widely known for his quiet and unostentatious
learning has indeed opened a strikingly original and promising
line of investigation in the field of the economic history and
thinking of ancient India which I am confident, is
stimulate further research in this and other allied subjects
sure
to
Sanskrit College
Calcutta
June 7 1968
K C Shastri
Principal and General Editor
PREFACE This book has a history which may be told briefly at the outset. An occasion, which required me to cultivate the Archaśāstra of Kautilya, atose in 1926 when I was engaged in examining some of the sources of ancient tradition with special reference to the Jātakas. I turned to it agala 1932 when I was doing Ph. D. in London. At the annual session of the Indian History Congress, held in Calcutta in 1939, I read a paper on early administration in Bengal, in which I tried to show inter alia chat, due to the speculative clement present in the Archaśāstra, its use for historical purposes could at best be limited and condicional. A few years later, being requested to teach soclo economic history in Calcutta University's Post-Graduate Department of Ancient Indian History and Culture by its Head, the late Dr. Hem Chandra Raychaudlıuri, I started preparing lecture-notes on the subject, which were to be based, according to the cequirements of the syllabus, on certain portions of the texts of Kautilya, Manu and Yājāavalkya. I cook up Kautilya first in pursuance of this specialised course of study, buc instead of confinag my attention to clie prescribed chapters 1 felt persuaded to excend the range of my interest by bringing the wliole text within the purview of my investigation. The standpoint from vluch Kautilya has been studied and interpreted in the following pages evolved at this cime, and my research in the field was substantially completed by about 1947 when che amplified and expanded notes were systeinalised into a book form. This was followed by a monograph, which I prepared in conciouarion of the same line of research, on economics in Manu Thereafter I began to take notes from Yājñavalkya to write my third book in the projected series, iny object being ultimately to produce a comprehensive and integrated volume on phases of economic develop ment in ancient India on the basis of my study of Kautilya, Minu and Yājāavalkya completed in three separate works. At this stage, I Incidently spoke about my work on Kautilya to some of friends and colleagues wiso pressed me for its carly publication Ac there suggestion I contacted a certain University Press but was told with regret that, due to leavy adininistrative commitments, it would not be possible for it to take up my book for years to come. Afrer chuis I did my X11 10 che not feel encouraged to pursue the matter any further. In 1950 I had to be away from India for several montlss. After I returned, my attention gradually drifted to other avenues of research. The decision of the Government Sanskrit College, Calcucta, wliere I cook up my present assignment towards the end of 1962, to publish the work in its wellknown Rescarch Series, was indeed a matter of pride and satisfaction for me. But it was not an casy task, liowever, to make my manuscript ready for Press within a short time, as it needed a thorough revision from begining to end. On a restudy of Kaucilya, I now came across many passages in the text wlich had been previously missed. New lines of inquiry also suggested themselves to me as chic revision works proceeded. Ultimately several new cliapters were added to those of the existing ones which I selected for incorporation present volunc after they liad been completely recast or rewritten. I, however, saw no reason for any essential modification of ту earlier outlook or standpoint which remained unchanged, gamıng furcler confirmation from my reassessment of the textual matter, in the light of wluch soinc portions of the earlier work had to be excluded being considered extrancous to the basic problems stressed in the revised study. During the period of five years or so that the book had been in the Press, I kept myself occupied with an almost continuous effort to improve my understanding and exposition of Kautilya, and was permitted to introduce addicions and alterations even up to the very final stage in chic course of its printing. An attempt has been inade in chis book to bring together, for purposes of an analytical study matters of cconomic content, distributed 11 various chapters of the Arthaśāstra in different contexes Thc name Kautilya (or Kautalya, which the commentary Jayamanga läderives from the gorra namc Kucala), lias been adopted in this work for its current use without bias for any theory connected either with the identity of the author of the text or with any probleın relating to the Chānakya- Vishnugupta-Kautilya complex. All controversies regarding the date and authorslup of the Archaśāstra have been deliberately precluded from the scope of the present work. My plan on clic other hand has been to devote myself co a close examination of the rules and regulations of clic Kautalıya Arthaśāstra, exhibicing clic practical X111 aspects of wealth in its diverse forms and types, including the economic bases and effects of the legal provisions comprised in it. The view expressed to the Jayamangalā that the Archaśāstra, as a branch of learning, is specifically related to wealth wluch is the means of subststence of the inhabited carth, seems to emphasise truly the importance of its chapters on economic topics in its system of policy (Arthaśāstrānite artho yenu loko vartale tadartbar šāstramsts. o'lasyā manushya-valyā bbumeh prihovyā) .') In fact we can get at the corc of the Archaśāstra if we succeed in understanding the complexities of its structure of economic planning and syscern of distribution of u calchi. Wlule Kaucilya gives luts econornic materials scattered in separate bo ks and chapters, often mixed up with the niceties of his administrative machinery, this method bas not been rigidly followed in my classi fication, wluch, wherever possible, brings together data, bearing exclusively on different economic copics and the deductions to be drawn from them, for being conveniently studied from a cominon angle in the context of a norm of central import The results, thus obrained, haya been treated, independently of their connection with problems relating to the date of the Archasāstra or its supposed lustorical associations. Tlic question whicchiee the work is to be attributed to the 4th or 3rd century BC, or tlic 2nd or 3rd century AD. or even to a later date sall remains more or less confused and uncertain. Any cheory about its date to be found acceptable will no doubt have to accomniodate 11- self to what may be regarded as a detailed and satisfaccory appreciation of the clements composing the formulations attributed to Kaucilya and their cconomic implicacions, as supported by the results of an analytical study. The greater che accuracy of a study conducted on these lines, the more is its uselulness in providing effective indications, judged from a comparative standpoinr, of its place in chronological bustory in the evolving paccern of its economuc life and concepts. A correct analysis may be helpful also in dealing with the question of the integrity of the text and that of any possible interpolation or intrusion of adventitious matter, corrupting the mainstream, The advantages of this kind of investigation appeared to me to be so clear and palpable that I felt tempted to prefer it to a merely formal compilation of the rules and provisions of Kautilya, which alone is not sufficient to suggest a XIV positive contribu. standard for exainining thie nature and extent of lus cion to cconomic lutstory. From wliat Kautilya says about his object in composing tlic Acclašāstra and his methodology, it is to be concluded that the dara contained in it were first selected by lum in a manner, chat suited lus cxpress purpose, from various sources including the Sāstras and their commentaries (Pärvamatāns yaibedah sangribyaikan cbakāra Kamtal. yah Tikäntarani drishtva sadvyākhyānai samuddintya--Jayamangalā. Balalucā finally reoriented by a discerning and constructive mind and presented sa the available text The finality with which the regulations, laid down in the text arc stared, leaves the background of prior reasoning in many instances alınost in clie dark, wluch may lead to the impression that an existing model was made the basis of 165 discussions and speculations. Current economic order, circumstances and problems were surely very real for Kautilya and had a living interest for hun But the base of fus studly and investigation was much wider It has been my experience that condicions govcroing each item in the code of his regulations must be analysed and explored in order to be able to appreciate his grasp over tlic tcclinicalities of lus science and lus contribution in lus rôle as an economic planner. It has been my endeavour to trace, in the first place, the course of concrete thinking behind the regulations and provisions embodied 10 the text, and secondly, to draw reasonable inferences, sccering clear of all doctrinaire interpretacions regarding their scope cliat may be presumed to have been related to historical realities Ia the macccc of textual interpretation I liave taken all possible lielp troin the published Sa iskrit commentaries and several standard editions of the text and ocher well known authoritative works on the subject, briefly referred to in the introductory paragraph of the Notes and the 'Addenda and Cruigenda' In some instances wliere I found myself unable to accept any of the current views, I ventured to offer suggestion of my own for what they are worth in an entirely non controversial garb I must frankly admit that it would not liave been possible for me to complete even thuis limited study of Kautilya without the guidance of my predecessors in the field for which I owe XV a debt of inestimable graticude to them. Unfortunately, I have not been able to utilise, to niy satisfaction, the Russian translation of the Arthaśāstra, as it was not available to me until the greater part of the book had been printed To students of Kautilya it is not unknown that, owing to the terseness of his style, which is not unoften carried to an extreme, and his copious use of obscure or obsolete expressions, the interpretation of his text, in spite of the labours of many scholars, has nor yec passed beyond the hypothetical and problematic stage. Perhaps even the restoration of ti e original text is a finality which has yet to be achieved. The discovery of the care Patan Bhandar folios has led to che hope that further manuscript material of this type may be found un future, in the light of winch the extant text may perhaps be mat-rially improved systh an extended field for collation I shall deem my labour amply rewarded it in spite of many apparent defects and limitations of this work, my approach to the subject is found co serve any useful purpose in the evaluation of the materials derivable from Kautilya. In this connection, I feel it is necessary to add that I have refrained from attributing any view or statement to Kauçilya, which he does not definitely claim as his own, and have employed the term 'economics' in a broad sense In giving extracts from Kautilya in the Notes', I have consulted the different standard editions of the text, recording variant readings in most cascs. Ic is my pleasant ducy to express my sincere gratefulness to Ds. Gaurinath Sastri, former Principal of the Governmcac Sanskrit College, Calcutta, and his successor-in-office Sur Kalicharan Sastri for their keen interest in my work and for clicis cagerness to expedice its publication. To Dr Sisir Kumar Mitra I am thankful for fus lielp in proof correccion, to D. (Miss) Puspa Niyogi for the Index and to Sta Nanigopal Tarkatzrtha, editor of the Publication Branch, of the college, for his co operative spirit To Sri Durgadas Muklıerjee Reader, Calcutta University, and Dr Jitendranath Molanti, Professor and Head of the Department of Philosophy, Burdwan University, I am indebted for some suggestions in regard to a few references, XY In conclusion, I humbly apologise to my readers for the typegraphical and otlice errors which occur in elic book. Tlicir number is irritatingly large. Thic'Addenda and Corrigenda', includes a fet corrections. Benoy Cloridra Sen 40 Dr. Sarat Banerjee Road, Calcutta-29. June 7. 1968.
CONTENTS 1X .. 1 14 .. .. ... 73-83 # J.. Foreword Preface X1 XVI I A General Review II Land-distribution as a Factor of Economic Progress 15- 24 III Trade-Motif 25. 42 IV Labour, Employment and Wages 43- 72 V Planning of Roads and Transport VI Rules and Standards of Measurcincnt 84-95 VII Currency Affairs 96 101 VIII Wage-Structure and State Employment IX Rationing in State Departments III-117 X Economic Pressure: The Scate in Financial Trouble 118-127 XI Evaluation of Ownership 128-150 XI Property, Kenship and Marcimony 151.174 XIII Need of Economic Regulacions for Social Peace 175-180 XIV Dialectics: Pol tical Relations and Economic Advance 188-194 Notes 195-227 Index 228-242 Addenda and Corrigenda ... 243-251 102-110 ... . .. ...
CHAPTER 1 A General Review As is well known, the object of the Arthaśāstra of Koutilya is to prepare an instuctive tliesis on the art and technique of government for the benefic of an aggressively disposed monarchy with its cconomic basis created as an integral part of his statecralt and system of social relations The manner of its specialisation in political ccanony gives it a stamp of 10d.viduility, of belonging to a distinct branch of thought and learning Kautilya's choice of the territory of Inns ideal paramount sovereigo is not dictated by any special religious or racial bias, such as is found in some canonical texts comprised in clic Dhiaramı1śāstra, but by purely political and economic considerations which leave no room for doubt as to the practical nature of huis esti mate of the influence of geograplay on the formacion of a scrong and prosperous state The territory, of course, is to be situated in Brabmanısed surroundings, provided it is endowed with abundant material reasources to give it a sound economic basis, and also such plıysical features as can enable its ruler to securc strategic advantages over luis enchues in the expansion of his political power. He is satisfied that such resources are to be found in the region extending over a thousand Yojanas from the Humalayas sn the north to the ocean (in the south) where with 'sucht varieties of land as forests, villages, mountains, etc' he should engage in activities cending to the develop ment of luis power, where there are places suitable for the manoeuvr ing of lits troops to the disadvantage of thase who are liostile Thic true wealtlı of a country (Janapada sampal) consists in its untapped material resources, wluich are to be developed to che utmost degree in the splicres of agriculturc, industry and trade The Idea of regional sanctity, supported in the sacred literature of clie Brāhmanas, lias evidently little constructive influence upon Kautilya in thie determination of the greatness of a country, which is judged by him as a more or less political isstie In this respect may be noted the divergence of his way of chunking (com the stand-post adopted in to lim ECONOMICS IN LAUȚIIII the Dhurmasūtra of Baudhāyana wlucha expresses a view that 15 obviously not quite friendly to certain territories, such as Avanti, Anga, Magadlı1, Surāslitra. Dal slınāpatha, Sindhu and Sanvira, whose peoples are said to be of 'mixed origia', and in wluch an injunction is laid down, which is demonstrably harsh to Pundra, Sauviri, Anja Vanga, Kalinga, etc., imaking a visit to any one of cliese lands punislıable as a sinful act In the Mānava Dlırmaśāstra' also the regions where Vedic culture is said to liave extended and developed receive their customaty honour But Kautilya's policy is not one of segregation, or isolationism, dividing one territory from another on orthodox grounds but, predominantly, of expansion which can succeed only through broad and intimate contacts with the outside world, diplomatic and commercial, and lie does not know any region with wluch intercourse is to be banned in the manner and for reasons stated by some authoritatie exponents of Vedic law and custom. Brudliāyana, as mentioned already attaches a stigma to Dakshınāpatha, but Kautilya wants a sigorous relation to be maintained witli this condemned lid economic grounds preferring the land-routes leading to che South rather than those connected with the Himalayas. On thus connection it is argued that thougla blankets, skins and horses are available in the northern region the South being rich in commodities, considered to be more valuable (from the point of view of the Kautilyan economy), such as couch sliells diamonds precious stones peurls and gold, a preferentsa) treatment is to be accorded to Daksiunāpathia 5 ] Again, in a controversy connected with the foundation of new settlements, Kautilya takes up the utilitarian stand point that a colony, inhabited by the "lowest caste,' is more promising than one formed with the four castes (including the Brālimanas) on grounds of that community's numerical plentifulness and stable serviceability" He not only approves but also for a practical reason specially appreciates the employment of Sūdras in the Army." In times of eniergency the scope of extraordinary taxation is widened to an extent that may appear to be unscrupulous, but tlies may be justified on the ground that a grave situation calls for drastic remedies The accepted moral code, whose provisions have been on A GENERAL REVIEW 3 laid down in Kautilya in the matter of the fixation of the items of revenue and their collection, is to be operative when there is no special urgency for exceeding the limits prescribed, but this is not allowed to interfere with the stern necessity of sccuring additional funds by means, fair or foul, to save the State from a financial crisis. Similarly, 110 moral scruple is felc in organizing liquor traffic, keeping it within prescribed limits, so as to make it a durable and respectable source of income for the State. The king, noreover, has a share of the animals, brought to the slaugliter house, which flourishes as normal feature of the country's economy.' t Whether one likes it or not, slavery in some form or other may exist in a sociecy as a luscorical and economic necessity. Ic may also be modified or abolished in course of time, due to a decided variation in the trend and direction of the sconomny which at one tmc nourished 16. It is remarkable that Kutilya's rule against enslavement under cerrain conditions applies to Aryase as well as to Sūdras or some sections of them. Thus shows that he is placing the latter on the same footing as the former withun the range of the rule apply.g co cases where persons are not permited to be made slaves against their wall-a sure indication of the rise of the Sūdras in the social scale and clic appreciation of their abilecy to contribute to cconomic progress by free choice of client permissible occupations The Sap. created by the release of clic Sūdisas from the enforced obligation of servitude, is probably to be filled by the employment of Mllechebbas as slaves, which Kautilya does not forbid. It is noteworthy that the status of slaves has been consider cd by Kautilya on a strikingly liberal and conprehensive basis A slave is declared to liave a niglit to own property and co be ser free under certain The Kautiliya Arthaśīstra docs nor grant the sanic degree of immunity to Brālımznas as they claim for tliemselves in canonical texts. The rule is land down that of a Brāhayana is found guilty of a creasonable act or conspiracy lie is to suffer clic extrenie penalty like others committing the same offence, with lus difference cliat in his case death will be by drossing' A SUMIDT, willully spread by the kng to the circumstances.
4 ECONOMICS IN KAUTII YA effect that he is engaged in an intrigue to kill Brālımanas and destroy their culcure, inust 1100 make them testless. A classified enumeration of various taxes and tixable objects includes the term Ayamukba which is applied to the group com. prising Mala, Bhāga, Vyāji, Parighe, Kirpta and Rīpska. Collections in their aggregate constitute wliat is called Āyasarira or the Body of Income, as distinguished from clie items of expenditure under various heads, wluch ne collectively categorised as the Vyayasarira" or the Body of Costs or Expenses But the attribu. tion of a plıysiognomical complex in a figurative sense to Income and Expenditure remains merely is an idei, unaccompanied by the details of a fully worked out theory. In the preparation of accounts the heads of income are to be shown as differentiated from those of expenditure. From what is said about the level of difference to be maintained generally between the totality of income and the totality of expenditure, it may be supposed that the physiognomical concept suggests a fundamental principle of financial management, which is to operate to preserve such a relation between the two Bodies that clic one of Income may not grow in bulk beyond all reasonable proportions by starving the other Body which, agun, in its curn is not to be allowed to draw more upon the Income-Body than what is required for Its proper sustenance. It may be that the idea of recome and expenditure, each having a 'body' of its own, perhaps represents thic procedure followed in keeping accounts, those relating to receipts bing embodied in the form of a corpus, as distance from disbursements, similarly recorded in a s-parate compilation. Apart from any theory, wliatis urged as a practical that ex penditure should on no account exceed income. Neither income should be unlawfully inflated, nor sliould there be an attempt to curtail necessary expenditure, wluche ultimately blocks the way of financial expansion Much skill is needed to adjust income to expenditure under conditions insisting upon economisation and stepping up of finances with an equal sense of urgency two primary Co-existeat seeds. If an officer doubles the amounc duc to tule king he is to be punished on a charge of seating into the vitality of the country":19 It seems that the collection, maxum IS is A GENERAL REVIEW S account referred to in this context, comprises the different taxes and other charges to be levied at their usual rates, but not che profits wluch the State may make by trade and industry undertaken on its own Tlie idea that overtaxation may lead to the impoverislıment of the people and clic consequent ceduction of their cax paying capa city is sufficsendly appreciated 13 This clearly shows that the State does not want to increase its wealth by taking from the people more chan wliat it is entitled to in normal circumstances. А system of classification of accounts11 is advocated, in which cach of the following is to be shown clearly under a separate schedulc Karaniya Siddba Sesha, Āya Vyaya and Nwe Collections are also to be placed under different leads such as vartamāna (current), Paryushita ("last balance") and anyajāta (accidental) The last named collection is by its very nature uncertain and casual, as the amounts of dues and the occasions of these scalisation 111 this category depead on the occurrence of related circumstances the sources of income being fines to be paid by offending government officers margin tax, presentations to the king treasure troves properties of sonless people killed in crocs, dues, 'lost and forgotten' (received unexpectedly for credit?) etc 16 What remains after all the expenses have been met is called nii wlucla is finally estimated after a complete determination of income and expenditure Expenditure in this context lias been classed under two licads (1) daily expenditure and (2) profit yielding expenditure (dsvasanuvrstio nityab and labbotpadaka its vyayah) Profit is here referred to as one that accumulates 10 a fortnight a month or a year To determine whether an undertaking by the State has proved profitable, it is necessary to take into account the value of the production as compared with the cost, wluch is calculated on the basis of wages paid to tlic workmen employed the number of days taken in reaching the output and the muls (capital?) used in the process The reference to time as a factor in calculating gains or losses in a business slows that the objective is not merely to prepare a technically complete record but also to ascertain whether the work produced is commensurate with the duration of the labour, devoted to it and also to attain a precision of judgment in the case under consideration in regard to the relation of woking hours to the 6 [CONOVICS IN KAUT ILYA current wage structure Mala, which is separately mentioned in thuis connexion, probably denotes the investment made in the shape of the material used in the business or its cost, apart from clic other expenses such as vages paid to the labourers, etc. Labour is shown to have a definite economic value which is to be fully realised - terms of profit If the expected profit is in default, the labour of the workmen involved is said to be 'caten up'** The State los an experienced staff capable of drawing up estimates of tlic cxpendicure required in running a business under its management and supervision Thic principle is firmly laid down that no attempt should be made to curtail the estimated cost as it may render the undertaking unprofita ble or less profitable than expected Although the procedure to be adopted in framing estimates is not shown in detail yet from the data furnished regarding the manner of the settlement of prices of commodities, the use of standard weights and measures which is strict ly coforced, the determination of the cost of transport, thic fixation of the number of working days in connection with the employment of labour, of wages and the cost of production etc , it may be inferred that a reliable basis for computations of expenses and profits is not lack ing. broadened by the minute huowledge of the intricacies of private trade wluch the administration las to utilise in applying its rules of taxation for the assessinent of costs ( under various hicads ) und profits The State s praccical response to the need for strictly accurate budgets, based on an assessment of its financial position and conmements for the period covered, inay be presumed to be an actuality from a consideration of elie apportioned responsibility cttor arising out of wrong calculations concerning receipts, expenditure and net balance, for any loss of State-lunds, liowever sinall, for undertakings which may turn out unprofitable, also lor furnislung statements as regards projects to be executed in each of the scyeral departments mentioned, the adividual and collective, arsicipation of the mabámatras in the tash of presenting accounts petisiting to cach department, the urgency of planning for profits, wlucha not possible without a working estimate of the available stocks and finally the wainu uued by the king for any 15 13 A GENERAL REVIEW 7 to the effect that necessary expenses on profitable projects should not be reduced, as it may ultimately lead to serious loss.!! So far as Government employees are concerned, the duty before the State is to take serious notice of their extravagınce as well as unserliness, as both are equally harmful to the economy of the country." Wealth, wasted on useless luxuries or in indulging in an immoderately expensive style of living, may understandably enough, be a loss to prudent investment A iniser has a low seindard of living, winich may be supposed to reace correspondingly on the market in an adverse manner. If he hoards his money, It is withilield from sovestment, chius putting a curb on an upward tendency in the business worlj Anggardly person is particularly undesirable, says Kautilya, for by his way of living lic causes hardshup not only ta lumiselt but also to lus oma ployces. Though not directly mentioned by him, the net result of this is an acvitable shrinkage of tlie market and other such deplorable phenomena. One of the motives of hoarding my be to evade paynient of any kind of tax, if otherwise chargeable, on declared property: A niggardly person may send out luis movable property to a foreign country evidencly for securing profits without the knowledge of the governmenc of luis land, wlich cannot be tolerated either on political or economic grounds A good deal of vigilance is required to keep a starp witch on his activities and close of lus agents clirougla wliom he may work and whenever possible, it is prescribed tha the offender should be treated without mercy. It will be taking a narrow view of the rule against wasteful habits and niggardliness of it is understood to be wholly or primarily a part of moral teaching. Tliose among the government employees, wird art sperm fus aird mistrs 'm leren "VIR lives appear to be considered unsuitable 33 view of the discrectly forward policy of the Scate in economic affairs Wetli a view to protecting che interests of clic Treasury ( kośa ). which is regarded as one of the constitueat elements of sovereignty, accounting and audining are treated as matters of the utmost in the field of public finance. Whatever the income, loss must be duly credited to the State's account without any concern 16 8 ECONOMICS IN NAUTILYA a wliatsoever resulting from thic indvertence or fraudulence of the administrative staff, or from irregular or incorrect accounting In central department accounts of all kinds are to be preserved, including, of course those which accumulate from year to year, required for current use as well as for reference purposes Prepiration of accounts involves a process in wlich different grades of officers and their employees rike their assigned parts, viz. tlic Mabāmatras, the departmental heads, the Karanikas and the Karmikas ( assistants, clerks ) " Acconnes prepared by the Karmikas arc in the first instance checked by the Karınıka (superintendent of nccounts) Tlie mahamatras testify to the accounts relating to thic different departments and lastly, the prepared accounts are received by the lughest accounts officer (the 'Accountant General) and luis staff by whom they are subjected to a rigorous scrutiny. Book keeping in practice is goveined by the conventional rules which have evolved in regard to entries to be recorded against cach item of receipted inconic and incurred expenditure, and the manner an which they are to be verified at different stages, with constant reference to precedents and past records bearing on every transaction, noted in the relevant accounts Calculations are to be worked out on the basis of the duration to wlucli tliey are related such as specified number of days fortnights, montlis or year. Every receipt to be valid, must bear reference to the time and place per. taining it, the minner of collection, tlie per making the payment, tlic officer fixing the amount clused, the officer wlio receives it, and tlie past and present pos tion of clic case under consideration le rnay be that the figures arrived at are arithmetically correct, but eluts alone will not prove theic authenticity an indisputable manner. The figures will have to be cliecked with the help of avilable intelligence reports Besides, an intimate I nowledge of the rules and conditions of trade, commerce and industry, prevailing not only within thic State itself but also in foreign countries' sithi wluch it may have any intercourse, is required to do justice to the duties imposed upon those responsible for the preparation and verification of accounts Any mistake in the book keeping rasses a strong suspicion of dislionesty, no matter whether it is to 101 A GENERAL REVIEW 19 deliberate or accidental As many as forty varieties of embezzlement are listed, 90 exposing the baser instincts of chose engaged in publtc service, their spirit of opportunism and proneness to deceit and fraud, which are not to be regarded merely as evidence of moral lapses on the part of individual offenders but also, to a large extent, as cvils inseparablc from a growing economy. The enumera tion is an outcome not merely of close academic reasoning but also of searching enquiries into administrative corruptions. Profit makuag motives may be responsible for an act of appropriation of Government funds, where investments are likely to pay good dividends. The treasury may be reduced by dishonest Government servants, misappropriating public funds and lending them on periodical interest or using them for purposes of private trade. The management of fiscal matters in the Kautilyan polity has assumed such a complicated form with its scope ever widening with the progress of the explorca tion of human and material resources that it is not impossible to discover a loop hole through which a svireptitious deal can be manipulated. A means of combating this evil is provided in the conditions laid down for an accurate system ot accountancy and for supervision and auditing at different stages It is of basic importance, for instance, that amounts should be realised only when they fall due, that they should be entered against their sources with thorough accuracy, that different items of collections are not to be combined into a lump chac it is to be shown clearly whether a certain collection is in part payment of dues or a complete one and that one source of collection is not to be substituted for another, etc. It becomes relatively casy to detect a case of fraud where there has been a patent breach of the rules in the procedure, laid down with every mark of definiteness As in the case of income Strict rules are also formulaced, perhaps to guard against pilferage by concocting falsc bills for payment on the debit side of Government funds It is enjoined, for instance that payments are to be made as and when due, that they should be entered wlien they have been actually reccived and therc is also a tule for general application that all calculations are to be in strict accordance with the authorised calendar, as well as a prolubition of tampering puh test marks (of gold and silver) 2 10 ECONOMICS IN KAUTILYA Similar rules of a binding character are prescribed in dealing with State-managed businesses, where the temptation for defalcation may be strong, involving bartet, large-scale employment of labour, and collection of dues of various sorts, such as ferry-dues etc. When a defalcation is actually decected, there is a prima facie case against the whole group of officers, concerned with the particular management. The State in Kautilya has a complete monopoly over mines, 81 which, if properly worked and managed, can place at its disposal Ś. the type of wealth to which a special significance is attached without any ambiguity. It prefers trade with the South because of its superiority in respect of mineral resources. Even in determining the line of foreign relacions the king is to be guided by the theory that a friend 'possessing immense gold is better than a friend ruling over a vast population', for, as Kautilya says, 'armies and other des ired objects can be purchased with gold'. The use and distribucion of gold and other such mineral substances is to be under State-control, and metallic objects can be manufactured only under the supervision of officers appointed by the Government Mines can be worked either directly by the State under 'its own management, or by private bodies under a licence issued by the Government in exchange for a stipulated number of shates in the business, probably of the output only', or some kind of charge as Royalty (bhāgena prakrayena vā). Mincs, handed over to private persons or companies, include generally those which require a considerable outlay for their proper svorking, for the Scate on no account should take up a costly business where there is some risk of loss, or in which complications may arise, making it impossible to be assured of satisfactory profits. Private mining concerns will be licensed to sell their bullion under State-supervision in a central market, presumably in the presence of duly appointed Government officers. Only those mines, which can be operated with relatively less expenses, may be placed under State managemens. Wherc mining is licensed to a private concern, it may be supposed to assume the character of a trade which is subject to the ordinary rules pertaining to clic assessment of costs and profits. There is no evidence to A GENERAL REVIEW 11 current suggest that the usual trade regulations are to be liberally interpreted or relaxed in their application to this branch of the private sector on the ground of the State being vitally interested in the amount of the profit accruing to it. The monopoly over mines, enjoyed by the State, is incimately connected with currency matters It has departments equipped with officers (Suvarnädbyaksha, Rapadarśaka and Lakshanādbyaksha), having technical knowledge of metals, to look after the manufacture of coins and the testing of their authenticity before they are made as legal tender Private individuals, cicher singly or in a group (Samgha), may bring their bullion to che rayal mint to get 10 converted into coins on Paynıent of rūpska, charge at the ratc of 8 per cent, vyājs at the rate of 5 per cent and one-cighth pana per cent as parikshika. The 8 p. c. premium is due as cost of manufacture, and uyajs is the common name of the schedule of profit which the Seace makes co bridge usp che difference between the royal and the marker measures and weiglıts under the usual rules relating to trade. Every manufactured coin is to be technically tested before it is allowed to pass as an authentic medium of exchange and be admissible to the Treasury The pārsksbıka of one eighth pana is exaceed as the tescing charge Besides there is a fine of 25 panas to be imposed on an offender in currency affairs, other than the manufacturer, the seller, the buyer and the examiner. A doubtful point may arise in the case of vyajs wluich the State collects when there IS a inacker transaction For example, a private person may buy a quantity of bullion from the State for various needs, he may want to llave utensils, ornanionts, etc , to bc manufactured out of tlic purchased bullion. At the time of purclasing the bullion he has to pay tiic vyāgs at the standard rate, as required under the rules Subscqucotly, he comes to the royal mint with a porcion of the bullion for manufacture of coins Will he have to pay vyājs for the second time? If so, it will be like a case of double t3xation, and hence it may be supposed chiac tlus specific charge is collected only once in the course of the transactions of which details must be on record for purposes of reference to determine liability for payment In fixing tlic money cquivalence of a coin with which is connected the question of 12 ECONOMICS IN KAUTILYA its purchasing capacity, the cost of its metallic content including the alloy used, the cxpenses of manufacture, testing and vyāji, calculated on the percentage basis, 'are presumably caken into consideration. The attention, paid to the maintenance of a manifest standard of technical accuracy, in all stages relating to the manufacturc of currency, shows that the advantages due to authenticated cokens of money are widely appreciated in the Kautilyan economy, in which barter is not eliminated but retains a place of sufficient importance, as shown particularly in the transactions held in the name of the State. It seems that the policy of the State is to make the system of barter work with scientific accuracy by controlling prices, which also helps the cause of the extension of the use of coins as inedia of exchange. The person, who brings bullion to the royal minc, to be converted into coins, knows how much currency lie needs for his trade, and by this consideration the extent of his currencyholding is regulaced in a practical manner. Eyen bullion, unconverted inco coins, may probably be used as a valid nicdium of exchange, where it is not required to make payments in cash in ternis of nioney-tokens. Excluding the State-owned land, cultivable land in rural areas comprises private holding, with the liability to pay a share of the produce to the State. Wasic-land, represented by pasture grounds, game forests, etc., is partly for common use by local residents but their ownership does not belong to them either individually or communally. All heirless estatcs escheat to the Crown, not to che community concerned. But sale, mortgage and succession in respect of private holdings, mentioned above, are ocherwise protected by law in fayour of their individual possessors, which suggests that the incidence of private ownership in such cases is practically completc in its legal content, if not mentioned otherwise. While the right to sell is fully recognised, the choice of the person to whom the transfer can be made, appears to be subject to a restrictive condition, which is imposed to curtail a basic right in the interest of the current socio-economic and moral ideas, on which the fabric of village-life is supposed to be founded." Particular care is taken by the State in keeping and preserving detailed records of all such individual holdings, needed for accurate taxation as well as for the determination of the incidence A UENERAL REVIEW 13 of ownership, claimed and adouted in law. State ownerslup, extending over these private holdings, is not shown by any visible, determinate sign. The term 'bhiga', used to denote the crop-sliare, is also applied to the share which the Stace claims as its due in a private miningconcern, for example, under the terms of a licence issued to the latter. On the ground of this analogy it may be supposed that the produce of the soil, which is joindly shared by the State and the cultivator in question is sınılar to the profits in the mining business where the sharing is between the State and the license. As in the latter case the licensee has 110 legal ownership confiscting with the monopoly enjoyed by the State, in the case of the land holding also, the ownership may be regarded as vesting in the State. The difference between the two cases cannot be minimised. in the first place, no positive declaration, as 10 the case of the State's monopolistic righıc over mines, has been made in regard to linds held as private holdings; and secondly, there is nothing of the nature of a licence testifying to the State's ownership of such lands and fixing the Crown's share in pursuit of the terms actually laid down in the contract. The right to sell, mortgage or partition, wluch belongs to a private holder of agricultural land, is claimed by a licensee in the mining business or scen to be conceded to him by the State, which shows that the extent of his hold is much more limited from the practical point of view, if not from the legal scand-point also. Moreover, there is no knowing whether a ground rent is also charged from culcıvators in addition to clic crop allace and other levies as symbolical of the State s ownership right over chess holdings While the State's ownership of mines is not in dispute, a similar right extending to the surface also is advocated in One commentator quotes a verse wluich says that the king is the lord of carth and water (bbúmeb patir ssdekasya cba) according to those who know the śäsitas The esile .bbimspali' is commonly used to denotc tlic king's position as the ruler of a territory may not be unlikely that an attempt bas been made to find support in this inle for the theory of the king's ON Scostup of all lands, as held in certain quarters, with a view to disprowing any title to private ownerslup, which may be put forward in opposition to not Sonic texts, 14 ECONOMICS IN KAUTILYA the State's claim. It may be argued that if royal ownership were not a mere theory, but an established fact, it must have been common knowledge, and in the circumstances the reference to the Šāstras as found in the verse, would have been superfluous; the verse is of unknown origin and date, and is also vague in not specifying the authorities referred to. This is not the kind of evidence, on the strength of which, one can attribute to Kautilya any theory or view, which is not explicitly stated in the excant text, To some extent ownership of land is restricted by the State's declared right of ownership over mines, and the manner in which it is to be exercised. Ultimate state-ownership as an inherent and inalienable right, associated with sovereignty, may give a legal basis for che cviction of undesirable elements, thic distribution of land after dispossessing its original occupants and for administering a threat of expulsion to induce allegiance of people, specially in conquered terricories whose loyalty may otherwise be difficult to secure. It is doubtful. however, it Kavşılya will agree to put a clicoretical right into practice and to carry it to its logical extreme, Hc advises the king to make clear to the people of a vanquished land that he has every respect for their customs and usages, which must include those relating to land tenure also. In extreme cases however, superseding any existing title to private ownership by an act of expulsion may actually take place. In order to establish such an act on a legal basis, and to validate any new tenure, which is created, replacing the previous one, the theory of the ultimate ownership lying with the king, máy be resorted to as authoritative, 16 ECONOVICS IN KAUȚII YA taking a family as a unit within the limits of the total accommodation available is not known If on an average a famıly consists of five members the total population in 1 new village to begin with will vary from 500 to 2500 The distance becween two ncighbouring villages is to be one krosha or two kroshas ar che most It may be concluded therefore, that the policy is to create a uniform pattern of comparatively small villages and by limiting the number of settiers to prevent con gestion as far as possible in the arca to be developed The idca seems to be that it is better to have more small villages and to make them dependent on one another within the available space than a few big ones for conditions and facilities which can make the scheme work with greater ease seem to be initially suited to enterprises developing under a system of inter related small village units, rather than big secelements with their extended needs which may not be satisfied in the state of things existing at the time of building up the colonies Kautilya brings abandoned sites under the operation of Inis landdevelopment scheme Herc, as in the case of previously unoccupied sites there is no mention of any pre existing right to be taken into consideration in the distribution of land to new settlers Any right, obligation or commitment which may liave been binding previously, must be understood to have ceased with the vacation caused by the carlier inhabttants deserting the sites concerned in a body so that they becomc available for a fresh distribution It is a fhcult to come to a definite conclusion as to whether such sites originally comprised private holdings contributing a crop share to the public cxchequer or allot ments under a different system of land tenure, similar to or identical with the arrangement proposed under the colonisation scheme If the latter alternative is true, the terms offered to the new serciers will not appear to be in pursuance of a novel policy of land distribution The land development policy is, to a large cxtent intended to benefit Sudras and cultivators and thus provide relief to the lower SoCto-economic strata the artisan class and the peasantry, forming the backbone of the rural population Among the recipients of land there may be peasants who have the necessary means to carry on cultivation but no land to cultivate When land is provided to such people they accept clic obligation of carrying on the work of cultivation with a LAND DISTRIBUTION AS A FACTOR OF ECONOMIC PROGRESS 17 own cost. liabilicy to pay a tax in the shape of what is called Kara' in return for a life-jntecesc 183 clie property destributed by the State. The parties to che contract must be the heads of the families concerned and the State. These peasants have to provide labour, implements, seeds, etc. at their it may be noted that the term, used to denote thic tax levied on them, is different from the one wluch is taken to mean a crop-share, chus showing a distinction in the sphere of taxation between the owners of private holdings and the new scttlers wlio are given land with a limited interest. The obligation not to neglect cultivacion is an essential one, in which chc State is materially interested. The State's policy is not merely to distribute land on favourable terms at the time of the secclement, but to guard against its misuse or halted progress of culovation which will defeat the very purpose for wluclı clic assignment has been made. Wlicn the life-interest ceases with clie decease of an assignee, what happens may not be difficult to guess. It has been already noticed that Kautilya measures the accommodation to be granted on a family-basis, taking probably the head of a family as a contracting party. In this respect the more important in the scheme, therefore, is thic famuly, not the individual Hence when onc lifc-interest comes to an end, it may beconic the usual practice to enter into a new contract with a surviving njember of the family, in wluch chic old terms are renewed As the interest is only for life, the lund concerned remains impartible with no risk of fragmentation, resulting from the application of the customary rules governing clic partitioning of hereditary property. Whether, when the possession of a plot of land is confined for generations to the same family on thic life-interest basis, the lunited right of ownerslup can develop an atri. bute, without necessarily becoming cxactly identical with it, similar to that of permanent liereditary lroldings, is more than one can say It is not known whether a separate fcc is charged when a redistribution takes place after the death of the former lesscc as a condition of the transfer. When cultivated land is not properly looked after. it may be taken away from the defaulung assignee and distributed to a grāma bbntaka or a trader. Possibly such a step is to be tahen after a corelul consideration of the causes of the dclauls, which may show that the choice of a grämabbuslaka or a trader will be suitable to eliminate thic 3 18 ECONOMICS IN LAUTILYA some difficulties bcserting agricultural operations in the affected area When arrangements are made with grāma bhrstakas, they receive the land mentioned, probably against the wages to which they are entitled for their services in the village wlicre they are posted. But a crader may not be a tiller bumself. He will naturally depend upon labourers to carry on the work of cultivation. He remains directly responsible to the State, so far as the cenurc is concerned, wlule luis relacions apparently with the actual tillers will be determined with ut detriment to the agreement with the Government The offer of land for development purposes 1 such ciscs cannot be supposed to be attractive unless it is of a reasonable size, or consists of a number of contiguous lioldings Unless a reasonably large cultivates! area is vacated for redistribution to such people, it is difficult to see low the plan can work in a satisfaccory manner. The land settlement policy with all its resultant benefits to mural economy involves also expenses, capital and recurrent, required for the construction and maintenance of various essential items of public utility, without whiclı it may not be possible for the new settlements to prosper In addition to the Statcs cxpenditure on these accounts, the concessions of different sorts, offered in regard to taxation etc, represent the cxtent of financial help which it is prepared to render in expectation of an ultimate gain 6 It is also usual for the State to take the fielp of the people in the undeveloped areas in which they must be naturally interested It is worth whule to note that the co-operation rendered by the villagers is openly denied any private or individual interest other than wliat is available for the community as a whole, of which they are members Thus the expenditure, incurred by the people concerned is for a co-operitive cause which benefits the entire locality, but does not create any title to profit on an individual basis One wlio Is able to contribute financially (in the shape of bercerment fees?) is required to provide for physical service as a substitute for payment in money A sense of collective responsibility is also perceptible in thic provision which requires the property of a minor to be looked after by the village clders It is not known wliether a fee is charged for such services. noc LAND DISTRIBUTION AS A FACTOR OF ECONOMIC PROGRESS 19 To sum up: if the colonising policy is given effect to on tlic Imes suggested, it may lead to the following results. utilisatiou of available agricultural land, prevention of overcrowding in existing villages, 3 settlement of the excess population in the newly reclaimed 1. areas, 4 provision of employment for peasants and agricultural labour, and measis of livelihood througli clie pursuit of agricultural and allied activities 5 growch of a mercantile class with a rural background which can bring its own commodities to the market, 6 increased production of food stuff and other agricultural commodities, 7. increased demand for manufacture of agricultural implements to cope with the requirements of agricultural expansion and also other industrial goods, required for the use of rural folk, distributed in the growwg areas, 8 increase in revenue due to agreements entered into by the State with the new settlers 9 and finally, creation of a series of rights and obligations connected with the legal side of the transactions, as involved in the whole procedure of tlic colonisation. There is a good prospect of land developinent of an interest it can be created among the intelligentsia of the country, represented by responsiblc officers of the State and members of usclul professions. Officials of certain definice categories and members of a number of select professions are among the recipients of conditional or other such grants Thic advantages of such an arrangement are obvious Firstly, the recipients can bring to bear upon thic improvement of thiesr estates their personal influence, administrative or professional Secondly, the State in sonic cases probably finds it more convenient from the financial point of view to make gifts of land to reward efficient service than to grouy them by other means, and thirdly. there is also a casonable expectation that the grant will be ttilised and the recipient's position become a stabilising facror in the cconomic set up of the place to which he is assigned When officers are 20 ECONOMICS I MAUTI YA benefited by such grants, an administrative cum landed nobility may come into being, provided certain conditions are fulfilled Among the beneficiaries lugh officials like superintendents have to live in the head qusrrers as required by their administrative duties, but the endowments, made in their favour, provide them with a material link with the soil They are one in a position to personally look after their village cstates and supervise cultivation They will have to employ agri cultural labourers on current terms and conditions, and also others to take care of their incerests locally Besides adbyaksbas (superin. tendenes) clic favoured circle comprises accountants (?) gopas, sthānikas veterinary surgeons', physicians, 'horse trainers' (?) and messengers () It appears that some of these beneficiaries may have 1 real need for land in connection with their respective functions in the socio economic life of the people A play sician, for instance, may require land to grow plants and herbs necessary for medical preparations and experiments, a veterinary surgeon for growing fodder for animals and also medicinal herbs for them, like Brāhmanas who are given land suited to Soma plantations which they require for their religious purposes 8 The 'gopas' and clic'sthānikas' have definite connections with the country side The duty of a gopa is to attend to the accounts relating to a group of five or ten villages under the central supervision of the Collector General' (Samaharta) In the course of his work he has to come into close contact with clie residents of the villages placed under hus jurisdiction whose occupations, properties, economic rights and obligations are to be charted by loun The sthanska is a higher officer, being in charge of one quarter of the entire kingdom There is one condition attached to all such grants of landse they are definitely made inalienable or non transferable through sale or gift As to whether they are liereditary or not, there is no specific informa tion in the context If an officer or member of a profession is rewarded, it must be in recognition of his personal service of attainments, but the idea of conferring a permanent benefit on lus family may also be regarded as a practical proposition Nevertheless under a system of offices descending hereditarily, and of the parent's profession being followed by bus children, the chance of a gift originally made to a LAND DISTRIBUTION AS A FACTOR OF ECONOMIC PROGRESS 21 person of distinction for hrs life or during the cenure of his office, if he is an administrator, may tend to become hereditary. But the grant in any case initially gives a limited interest, since no transaction of sale or mortgage is permitted under the conditions of the gift. In this respect the recipient of a Brahmadeya land is placed in a position of decided superiority.hº Lands, given to Brālımanas performing sacrifices and doing other priestly work, those distinguished for their scliolarship in tlie Vedic literature, belong to a different category, specified as Brahmadeya. The land given to a Bsākmana must be well developed, and the income to be derived from it must be known to be such as can fully meet the requirements of the donce.11 Exemption from the obligation of paying taxes and fines (Akara danda) constreuces an essence of the acidence of ownerslip, created by sucii endowments. If the favour is extended on a considerable scalc by increasing the size of the grant, a Brālımana priest or scholar may be fortunate enough to get a large estate including holdings of cultivators and others settled on it with obligation to pay tribute, taxes and fincs, ctc., to the State With chic making of the grant to the Brāhmana doncc, who receives it, are cransferred all such payments Thus if there is no limit set to the extent of land wluch may bc given as an endowment of this special character, the economic position of the priestly class improves at the expense of the State, winch may be of any amount depending upon the number of gifts made and the boundacics covered by them. There is a general rule prohibiting a Brālimana not to transfer hits interest except to a member of lus own casce." The land-settlement policy, pursued by the Sratc, brings into being different types of legal rigtits and obligations, as summed up below Tlie right of culavating the land distributed on payment of stipulated rixes (Kara). this being limited to the life of die tenant or lesscc. The State does not cvict liim if the land is properly cultivated Tlus arrangement is made with peasants who are able to bear the cost of cultivation, the State offering concessions whicn there is a strong case for doing so in the interest of the development of the land The riglie co cultivate a neglected area after cviction of the former lessee fuling to fulfil the stipulared condition, transferred cutler to a member of the villa c-secretariat of a trader. The relation belucen 1.
22 ECONOMICS IN KAUȚILYA such a person and the State is direct, while the latter seemingly has 10 interest in the arrangement which the former may make with local labourers, etc., in carrying on the work of cultivation, No arrangement can possibly be made, contravening the terms and conditions of the contract with the State. 3. The right to own lands, conveyed as gifts to higla officers and professionals, subject to the condition of non-transferability cither by sale or mortgage. 4. The right to own lands, free from taxation and other ducs, bestowed on learned and prous Brālimanas under the rules governing Brabmadeya lands. 5. The right of ownership, reserved by the State, with regard to fishmg, ferrying and trading in vegetables, in reservoirs' constructed by it in the reclaimed areas.1! 6. Where a tax is collected under the system, it is called kara which seems to be different from a crop-share, a payment in kund. 7. The right to use pasture-lands and some areas known as ganic. forests (comprised in the undistributed waste), enjoyed by the local conimunity, but with no adnussion of ownership, communal or otherwise. Some of the available pasture lands, which are to be kept open for grazing purposes as well as ganie-forests in wlutch game beasts are to be preserved, are similarly allowed to be used by all. The use only is confirmed but no right of ownerslup. The State keeps some gameforests, including elephant forests in parcicular, exclusively for itself. Wild tracks are to be cleared to be converted suico timber forests wluch will benefit only the royal exchequer. A good deal of agricultural land remains under the direct managenient of the State, througls the supervision exercised by the Sitädbyaksba or 'superintendent of agriculturc,''* The crown lands irc a source of inconic to the State like any other business conducted by it. Tlie culçiv ition of these crown-lands, wherever possille, is to be carried on under the supervision of thic Sitādbyaksha wlio will employ slaves, labourers and also prisoners to sow seeds and for similar atlier pusposes. The labourers, employed in the work, are to be supplied will the necessary implements and requisite help from allted industries Tric Statc fierc functions as an employer of labour, entrusted merely LAND DISTRIBUTION AS A FACTOR OF ECONOMIC PROGRESS 23 15 with physical work It is also open to the State to enter into agreements with pessons, prepired to undercake cultivation, bring in their own implements and other necessaries, wlio are to be given a hall share of the produce in return for the work which they undertake to complete 11 In different circumstances clie State may enter into an agreement under which it will not concern itself directly with thic management or supervision of the cultivation, to be taken up by peasants who are, however, to be prouded with the necessary tools, presumably at the cost of the Sente Peasants chus employed by the Statc arc entitled to one-fourth or one-fifth of the produce or any such proportionate share as may be mutually agreed upon The dif ference between the sliare apportioned ro an independent peasant who liis his own scock of belongings required for the agricultural operacion and the share allotted to the one who is to be furnished at the expense of the State, represenes, at least to some extent, the difference in cconomic position between two important sections of the Indian pensantry The share wluch the owner of a private holding pays to the State, must be more chan the one demanded from the possano furnished with tools cattic, etc, who works on a field that does not belong to him The difference between the two slzates may be considered as being not unconnected with the advantage, wluch thic private holder lias over the other, and can therefore be estimated is based on the market value of the land wlucli one possesses buc clic other docs not But may cquation, attempted on these imes, is bound to be lıypothetica) in clrracter, although it must be granted that taxation cannot be wayward and arbitrary but be based on a res sonably accurate valuation of land and other possessions used in nyricuicure, specially as these and related to a complitatea agrarian system in which graded dues are collected from culuvators of different categories who do not own similar objects but work on slinre basis The advantages of a cultivator working on his own field with lus own implements and carile ac due to their current values, and lic, therefore, gets more of the crops produced by lum than the othiers wlio 150 macetually handicapped, wlien compared with the former Unless, howeves, 16 is delimutely hnown liow much a land owning culin ator has to pay n addition to the grain sltarea 24 FCONOMICS IN MAUTILYA having a specific bearing on liis relative advantages, these cannot be clearly measured in terms of tlic valuation of the land etc, possessed by fuim For purposes of colonisation vacant (sünyam) or waste land, may be offered for sale (kretaran panela) to resourceful persons liaving the financial and otlier means to execute development projects unaided by the State." It such a person, after the sale has been completed, fails to show any progress, and thic lieavy loss and expenditure, incurred by fum in pursuit of the colonisation scheme, brings about his own run and also of clic subjects concerned (prakribbsh saba kshayauyayenāvasidass), the misadventure is to be exploited by the king to recover the land previously sold by him. In the circuns cances, whatever right the buyer acquires througlı tlic agreement appears to be a limited and conditional one. For, some obligations probably continue, binding the transferee to the crown even after the transaction, otherwise there is no point in saying that the land in question is recoverable if the leadership, to which it is comi. mitted, ultimately finds itself liquidated It is to be specially noted that a buyer of this class is not only a moneyeu min having a kośa, but is also equipped with a military force (danda) The latter 15 specially required in the prosecution of his task in a troubled acca It may be that the man with his troops is under n lebility to offer military assistance to the king, when called upon to do so Thic people, whose fate is linked up with the development undertaken by the buyer, are called prakritis (14, subjects ) Marks of a kind of vassalage with its territorial content unknown seem to be present, and possibly feudal relacions may exist and grow in the environment created by this special type of disposal of land CHAPTER 111 Trade Motif Broadly speaking, trade, as shown in Kautily, has two sectors, public and private Thie private sector luas to work under a number of limitations, eg, an appreciable portion of business and industry is kapit beyond its scope, dise co monopolies enjoyed by the Stare, then again, it cannot function freely in clie field of foreign trade under rules prolubicing mpore of certain specified articles', even in cases where such restrictive provisions do not operate, there is a general rule to be observed that no merchandise is to be imported, which may be considered injurious to the people. Much depends !! on how this rule is interpreted in individual cases, and it may so happen that some articles will be shut out about whose allegedly offensive character differenc opinions may be held. Moreover, the rate of profit being fixed by an inexorable rule, competition with state managed business sa respect of commodities in wluch boch thic sectors may inppen to deal may ultimately affect the outturn expected in the private seccor, for the price being the sum-total of costs, clic trader's profic and the Scate-levy, may be Ingher than without the trader's profit included in its composition, although inclusive of the profit which the Seite derermines for itself to be charged on its own merchandise. This can be checked, however, if the price is kept at the same level in both the sectors, otherwise a shrinkage of private trade mray possibly occur. The imposition of perceptibly high rates of toll' may be due to the State s concern in maintaining aparıcy between profits as calculated to be accruing to its own investment in trade and the income which it derives from levics on the values of private merchandise Tlic State, being careful in avoiding tisks to its investments in undercaking commercil encer. prises, may not want to discourage privite trade if it gets its toll at varying rates without any chance of loss to the exchequer, fixed at levels not unrelated to the profit potential in the public sector. 11 a certain price becomes unpopular and the State does not give the necessary + 26 ECONOMICS IN KAUTILYA rchef by alccring its tariff accordingly, the affected merchant may grow nervous about the disposal of luss stock. Instead of reducing its rate of toll, in some cases it makes an enhancement of the price lawful' although it is not known if the market will cheerfully accept the change When privite trade recedes due to pressure of such circumstances, the State may find it profitable to take its place and fill in the g? A conventionalised tariff, supported by stringent penal provisions, may consequentially threaten the market economy. Kautilya does not say that the tax schedule can be altered in accordance with fluctuating market conditions, he does not give and analysis of conditions necessitating alterations of fuis caxation scheme in regard to the various items of merchandise inentioned by lum, but in certain exceptional cases concerning precious articles the State is shown to reserve the right of settling rates on consideration of relevant daca regarding costs, quality, ecco. The information, winch is most sought for, partly belonging to clic domain of modern commercial geography, relates to land routes and water ways products of various kinds grown in different places, also the various charges to be met in foreign lands in connection with trade transactions, including prices of articles and their excluangevalue". Methods known to the State for sale of its owa wares at profitable prices are those of centralisation in some cases and distribution in different markets in the others Merchandise which is widely distributed', ie for which there is an extensive demand, presumably of which there is a sizable stock, should be made available for sale centrally. The object of doing so is to make it possible for sale at a price which will fetch an initial profit Care is taken in watching that the demand does not declue and when it is found that the demand is sustained, the price already higher than expected through distribution in different markets with the relatively easy availability of the item concerned is made higher stille under conditions which are clius strategically controlled by the State This method of centralt to be applied particularly in connection with internal manu factures Those which are imported from outside are to be placed in different markets to Tlus step is taken probably for the reason that sation 1$ TRADL 110111 27 the sale of such imports being comparatively limited, consumers may be expected to be an a position to secure them at rates us lucli cianot be unprofitable to the Importing State. Steps taken to explore forcign markets appear to be basically inspi red by conimercial mortes The most important business, assigned to trade-missions is to ascertain with precision the difference in value beaucen indigenous products to be exported and those to be imporced from outsidel. If any merchandise (panya) :s to be sent to a foreign country, some merchandise froin the latter is also to be imported in cxcluange I cannot be a one way traffic. It must be understood that if a tride-contact is to be establislied, it must be to the mutual benefit of the two countries involved. It follows, therefore, that such articles only can be selected for import wluch are likely to forch a luglier profit to the country of their origin than can be expected within that country itself through internal consumption. Similarly, articles to be exporced, must be such as can be sold at higher prices in the foreign market concerned than m che exporting country, so that the transactions may be profitable ones after all the expenses have been mec including the duty charged by the foreigs government, the roadcess, the conveyance-cess, 'the tax payable at nulitary stations', ferry. charges, maintenance allowance to the trade agent and lus staff, besides a sliare (bbaga) of the merchandise(?) claimed by the foreign ruler as lois due". A regular bustness on an exchange basis between two Scaces can be started if only on a cold and objective calculation of figures it is found that a margin or profit is possible What appears to be a sort of asseyulas or occasional business is also allowed by way of barter". Though full of risks, 16 may turn out to be profirable. The merchant employed to take up chuis kind of business is advised to cultivate the friends up of forest guards, boundary guards city officers, and officers in charge of country parts in a forcigu land where cvidently prospects for such advencurist trade are fairly attractive The mission may end in a disaster, and it can succeed only with the help od possibly, connivance also of the officers approached for protection. lo exploring foreigu markets the State also needs detailed information as to festive and other occasions when the kinds of merchandise 28 ECONOMICS IN KAUTILYA 16 preferred by assembled crowds are expected to sell at profitable prices The State, as already mentioned, employs mercliants in making a clorougli study of clic foreign market, and wlien a trade relacion has been actually opened, in carrying out the business to the very cad across difficulc routes by land and water. They come from the mercantile community, equipped with a practical and traditional knowledge of clic techumcalities of trade, though not engaged in trade themselves. They explore, negotiate and execute under instructions from the Administration It is not known wliac tlicy accually get 113 return for cheir services, besides maintenance charges for themselves and their staff. In view of the responsibility of their work, they may be supposed to be holding a consular tank The inco ne, obtained by clic State out of trade in the private sector, comiprsses levies or tolls 01) sports, road cesses, gate-ducs vyazs, representing the value of the difference between weights and measures used by the public and those by the State. This income is added to the profits earned through business done by itself Sale in the орсо market constitutes a marked feature of the trade-system as represented in Kautilya, being suited to the policy of regulating or controlling prices from winch taxes and profits are to be dersved at established rates. A market is preferred because, as it seems likely, it is conceived to be the best medium for the circulation of merchandise on the widest possible scale For the policy of sale in the open marker to succeed it necessary to have Ict-work of such institutions spread over the whole country, withi surably planned roads and means of transport and conveyance by land and water for purposes of distribution and centralisation is the casc may be with a view to bringing commodities within the easy reach of the different sections of the community whose needs are to be supplied. The development of these facılızıcs takes place parte pass with the extension of trade, private as well as Stace managed, which cannot be achucvel under deficient markering conditions Tlie principle, by wluch the State is to be guided, is not merely eliat profits and levics must be fully realised, but also that profiteering should be scaled down as far as possible, and prices so controlled that they may 15 with spec TRADE MOTIF 29 110c affect the consumers adverselyes. A working idea of fair or proper price is behind the policy that governs trade and commerce. Price 1s 1100 something dictated from above ; It is determined by some imperativc factors such as costs, clic exact ratio between demand and supply as far as ascertainable, fixed rates of profics, chargeable duty, etc What is essential, however, is that the price, whatever It is, must be announced, offering little scope for haggling. The rates of profit for the merchant are fixed at 5 pc, on all classes of internal commodities without any exception, and 10 pc. on those imported from abroad's. This doubling of the rate of profit is a positive step cowards encousagement of import trade which is beset risks and difficulties Tlierc may be another reason for fixing this lugher care. A larger outlay may be sequssed sparring foreign merchandise than in trade in sicernal products, and the time needed to complete the related process must be necessarily long Apart from clic attendant sesks which should be taken into considera tion, the higher rate may be justified if it is commensurate with the value in incerest that may be fetclied by an investmeac of the like amount for an equal perted without any scrious interruption The evils that inflated prices may mcan seem to be known to Kautilya. By regulating prices and fixing rates of profit under coforccable conditions of calculation and assesment the State cakes an important measure to check profiteering for which it has no sympathy In private trade services of those who may be described as standing between producers and dealers are usefully employed In fact they constitute an indispensable clement of che current trade system, as shown in Kautilya These persons, functioniug 3s nuddlemen »? do not have a share of the profit reserved for the dealer nor are they allowed in law to earn {rofit for themselves in the course of the transactions conducted by them Their counterparts in the public sector are members of the mercantile block with whose help the State carries on its own trade with foreign countries They are given a maintenance allowance wluch may be understood co be in agreed and reasonable proportion to the total outturn of business but it is to be noticed that no rate has been worked out in this connection a 30 ECONOMICS IN LAUT ILYA 2 It cannot be that the style of living, co which one is accustomed by reason of one's social status, is given no practical consideration in fixing the amount of allowance. Tlie value of an article of merchandise, which includes the fee to be paid to such persons, muy differ as the fee is lugh or low. It is not eliat the 'muddleman' gets lus inaintenance, irrespective of the volume of work, passing through hus liands If it were so, it would be no more than living cost, but probably he can eato more than the minimum, the extent of the addition being related to the value of the negotiated and completed business. His appointment, therefore, seems to be on a commission basis, and noc wholly on a maintenance basis. Referring to suclı middlemen Kautilya says that only "authorised' persons should be employed. Although a muddleman works for his employer, as lic is immediately pupishable for any offence committed by him within the spliere of his limited activities, he appears to bear a personal liability to the State also. In fact, thougli lie is not the investor himself, not in his own riglit dealer by profession, yet luis function in trade is one with which the working of the State-policy, specially in connection with the regulacion of price and profit as well as the imposition of levies, is closely connected. In view of the obvious responsibility of the State in clus matter, it may be inferred that the merchand lias to choose luis ouddleman from a panci, approved by the Government. The middleman is in the closest touch with the sources of supply. He collects on behalf of his master, the merchant, foodgrains and other kinds ot merchandise to be subsequently distributed for sale in markets, subject to rated taxation There is not much information as to how thic sources are to be cackled and how the basic cost is to be determined, Thic road-cess, being levied apparently ou importers of foreign commodities by chc officer in chiarge of the frontier, as they arrive in the importing country. It is fixed at sates varying according to thic amount of load carried as determined from the type of con veyance uscd, cart, animal or liuman being, cach living a standard carrying capacity on whicli che estimate is based Tlie nature of thic load carsted nlay also be understood from thic means of conveyance used, to which the difference in sates may bear same relacion. The road-ccss seems to be catmarked for the maintenance of roads.
TRADE MOTIF 31 10 The Antapāla is to be held responsible for any loss caused to merchandise during its transit owing to insecurity of roads. Incoming commodities are to be checked by hum with their qualitative variations and then stamped with his seal Any misstatement in the declaration by the importer is a criminal offence, and the Stare collects information through its intelligence department to verify the dealer's declaracion in regard to the quantity and qualıcy of the goods imported. In the toll house the tradice is to openly declare the nature and quittity of his goods as well as the price demanded. He cannot demand a higher price lacer, but if there is a bidding over the price, the margin goes to the king. the trader lumself gaining nothing out of the enhanced price In this way a prictical check is put upon the order's expectation beyond the scales of profit fixed for bun by law. The Lair price idea'is indissolubly bound up with the necessity of strictly adhering to the use of correct weights and measuccs and separating inferior cypes of a commodity from the superior ones as well as the collection of the duty according to prescribed rates which may not be possible of these necessary conditions for an accurate assessment are not fulfilled. The price can remain at its regular level, 1f, among other things, the working parity between demand and supply is not disturbed. The trader's profit and the royal levy form the two invariable factors of the price, and when transport and other incidental cxpenses are more or less conventionalised, price-movement is placed under further restraint It seems to be well understood by Kautilya that his price-system may be made to work in a balanced market, 1.c, where there is no wide cleavage becsvcen demand and supply. It is a system that aims to do legal justice to all interests concerned in market-cransaction, viz., those of the trader, the consumer, the producer (whose position, however, is not clearly defined). and above all, the State. The trader's expectations of legitimate profit may be frustrated and lie may even lase lits cavestment wholly or partially of he makes any serious error of judgment in adjusting supply Kautilya's standpoint in regard to regulaced price may be subjected co a further analysis As already mentioned, in idea of what constitutes fair or proper price fornis an element, although not expressed a to demand.
32 ECONOMICS IN KAUTILYA in so many words, of his trade system In the first instance, it seems to be believed as alreadly mentioned, that price can be regulated by attempting as far as possiblc a prictical correlation becween demand and supply. Imponderibles however, may happen in the field of trade 1s in other fields of human activity m spite of wise counsel and cautious calculation The measure to be adopted in 193 event of oversupply shows thize tlie underlying policy is not to take advantage of the situation created, to achieve a reduction of the price to elie apparent benefit of the consumer against the other interests involved, wluch will be correspondingly luc if sucls a course is encouraged with undesirable effects on trade and clic royal cxchequer A just price therefore, is regarded to be one oreining a price which is not usually or cxclusively considerate to the consuming class cr callous to the interests of the State and cle trader concerned in any wortliwlule trwsaction The rise or fall of price is a phenomenon well within the know ledge of Kautilya Both are ferred, and are to be oppo ed under clic authority of the State of brought about by factors which can be controlled It seems to be held that the reaction to the market of a superhuous accumulation is something that cannot be completely neutralised Tlic State in the circumstances comes forward wich : incasure which is only a partial remedy against the danger le is felt that the price trend will inevitably be in favour of the consumer, but a step is caken so that this cannot go beyond control. Tlie Srate takes the calculated initiative in seizing the whole scock with an embargo on further supplies until it is fully disposed of " It is expected that price under thuis plan will, to some extent, be guarded and stabilised, but however much the supply is controlled the standard price-level cannot be renchied it may be supposed that dumped goods before they are cleared will suffer a natural deterioration whiclı cannot but affect che oucrurn in a manner sufficient to keep the price at a lower level As the price connot be raised under pressure by any artificial incans thie consumer does not suffer while the consequential loss to the merchant cannot be prevented As there is some control over sale under the centralisation scheme, the seriousness of the threatened loss may be mitigated. While the disposal of the stock is in progress, the merchant is kept occupied with it on a salary basis It is quite TRADE MOTIF be in resiSC IC various counts price 33 likely that the State will not get its full share of the coll, or that it may have to forgo it altogether The State, however, may a position not to yield to the downward movement of price as lf placed in a helpless situation, but attempt to with success by regulating the price in a manner consistent with a reasonable consideration of the amount of the investment, the quantity of merchandise held in stock the incidental expenses on the interest expected to accrue to the outlay, etc Such a consideration may be in the interest of the trader concerned and when the transaction is finally completed he may be given some relief 33 Thus the concepe of just price crue to condicions actually prevailing in the niarket can give protection is varying degrees to all interests concerned even under strained circumstances А capricious price is not proper or just price Artificial inflation engincered by profiteers, such as cornering by a sort of carcel, or bidding over the declared with a view to its cohancement, is not allowed IE bidders, as already noted compete to increase price, it is the State that gets all the benefit of the enhanced price, and the trades nonc The distinction between inferior and superior grades of merchandise is strictly kept in view in the settlement of price Incidental expenses are to be rigidly controlled as these are to be counced in the conipost tion of the price which will rise without an effective restraint over Thic middleman cannot make any profit The trader s prolio is either 5 pc or 10 pc Even though the rates of toll may appear to be hervy, by all such means there is cvery effort to make marketvalue approximace to the current standard of just or fair price Proper price represents costs at different stages together with controlled profits and toll charges, the supply being essentially required to be limited by demand It is difficult to dogmatise as to whether prices can remain fair and firm only through controls It is not clear wliether control ac the source of supply is as effective as demonstrably it is intended to be at subsequent stages How much a producer in a distint village or 3 craftsman in lus workshop actually gets to part witir luis arc when the middleman goes on his mission of collecting merchandise is not clearly indicated in the picture although not to give a manufacturer 5 COSES 34 ECONOMICS IN KAUTILYA what is legitimately his due is an offence punishable in law. The manufacturer of the producer may be placed in 1 stronger legal position where contractual relations exist. Merchants having their own farms or with industries subsidised by them may so manage their affairs as to make a profit in their transactions over and above what is fixed by law. If the rates of toll arc felt co be high, it may be difficult to sell things, sometimes, at prices, though sccmingly just or fair, which may ultimately lead to a recession of privite crade. Kautilya's statement of the trade-policy docs not refer to the bearing which imports from foreign lands may have on the question relating to the regulation of prices in the lonic-market Merchants are left free to trade with foreign lands, and as they are allowed 10 pc profits on imports against 5 p.c. on internal goods, althouglı for cogent reasons, they may veer more and more towards foreign trade, if by calculation they find it more profitable. How far internal trade is affected by it depends on the degree of accention paid to the organisatron of agriculture and industry for improving exchange-relations. Imports, as stated by Kaucilya, comprises articles brought from abroad as well as those produced in the country, cither in cities and towns or non-urban areas. These are subject to the payment of toll or duty charged at different** The 15 onc-fifth of the value, but there is no specified list of items to which this rate should apply. In regard to precious articles such as diamonds, pearls, corals, etc., no rate is fixed, cach case will be decided according to certain considerations. With one fifth as the highest rate, as already noted, other rates vary between 1th and both. The former applies to commodities like flowers, fruits, vegetables, sorte, sede, doved fish and deved weni. Credres paying to the and alth include fibrous garments, cotton clothes, silk, metals, sandal perfumes, coverlets, etc, wine ivory, skıns, raw materials used in making garments, carpets, curtains, wool, etc. The rate is toch orth for cloths, quadrupeds, bipeds, threads, cotton, medicines, wood, bamboo, clay pots, grains, oils, sugar, salt, cooked rice, etc. One arresting feature of the tariff is that the same rate has been proposed for widely different kinds of merchandise, classified under an identical group for purposes of taxation. Secondly, no reason has been rates. maximum rate TRADE MOTIF pay myth 35 given ercher for the fixation of rates or their differences Thirdly, Imports from abroad have not been shown separately from indigenous products, both being mixed up in a coinmon system of classification, though it is possible that some classes of articles include both A comparative study of the schedule may show in the first place a similarity between the traditional rate of ſth representing the king's share of the produce and the rate at which some products of land, such as flowers, fruits, vegetables, roots, etc, are charged. Then, again, some classes of raw materials are taxed at a lower rate than finished goods, such as, wood, bamboo and cotton fibres These are also among the common necessaries of the people like oils, sugar and sale which pay at the reduced cate. Different varieties of the same article appear to be charged at different rates Thus while ordinary textiles orth, raw materials used 101 mahing superior types of garments, curtains, carpets and woollen articles are subject to higher rates The use of the latçer as well as costly arcıcles, such as silk, ivory, ecc., 15 ordinarily confined to richer sections of the community. Ic is not unlikely that the grouping of widely divergent articles for the imposttion of a uniform rate, as cvident in the cnumeration, may be partly duc to an equation in prices worked out between items sold by the cubical measure and those by the weighing measure in cases whicre such an adjustment is possible Moreover, the general policy of encouraging imports from abroad may account for lower rates of duty, although in the absence of positive data nothmg can be sud definitely about Its practical application to the tariff system, It is not possible to say whether in thic tax-proposals, outlined abov: inleres a discrimination againse foreign imports, wluch have not been specifically mentioned The mposition of a comparately lughs sie is sios a sure indicacion el an import being of foreign origin or of an arrempt to shut it out from the home market for le may as well be that the rate in a particular case is lugher because of the superios brand of the article concerned Profit motive being the donnant factor determinin; lines of foreign trade, in a pa ticular case the tax structure may be scarded as one intended to rise the hi,licse satisfaction in tl at respect throu, lo suitable regulations concernm; imorts and cxports may also appear from a study of the nucles and their victi's named a the It 36 ECONOMICS IN KAUTILYA are given to enumeration of toll-rates that widely separated ccntres of specialised products and manufactures have been brought together in a common sphere of economic co-ordination, although this need not necessarily imply an achievement in political unification. Its limits arc extended by the evident broadening of trade contacts with unnamed foreign lands outside this zonc. The tax-structure may appear to be an inflexible one, as the rates in a schematic style. But some of the races suggested are shown as subject to variations within prescribed limits. Again, no fixed race has been recommended for certain categorics of articles, and the highest limit of taxation has been placed at 20 p. c. with no reference to specified articles. Variations in regard to a number of commodities amounting 1, 3 and 4 per cent have been made permissible.! So far as these particular objects are concerned there is this provision made for alccring or modifying rates of taxation if in the trade-world a situation arises requiring a revision of the current tarift. The tax can also be raised to the maximum limit of 20 per cent, if necessary, in respect of articles on which ocherwise lesser charges are prescribed, as shown in the schedule. There is no provision for a declaration in advance of the goods to be excinpted from the payment of gate dues, nor any rule laid down in which the reasons for an exemption are incorporated. Cases where this concession can be granted arc to bc settled by the gavernment which knows how to come to a decision in the matter. Gate dues do not comprise an insignificant item of taxation, being an amount equivalent to ich of the Sulka.28 If in any inscance the bulka is increased or decreased, the corresponding gatedues, if charged, will be proporcionately altered Perhaps it may bc necessary sometinies to relieve any unforeseen tension by granting an exemption from gate-charges without modifying the generally fixed rates of toll etc. A further relaxation is provided in a which promises large concessions to mariners and merchants" engaged in import trade One motive behind this is to offer inductment to forcigners to settle in the country in the interest of trade. A provision like this releases the government from the rigid compulsion of a stereotyped or traditional model of taxation, section TRADE MOTIF 37 in Kautilyan economy the State as a trader has some advantages over the private sector. The State with the help of its administrative apparatus collects different types of internal merchandise from establishmencs cun and managed under its own auspices, and makes its own choice of the ways and means of tlieir distribution which may be most convenient to its trade, Procurement as well as distribution in private trade is subject to control and regulations As by the use of standards of shorter weights and measures, chic State makes an additional income both as buyer and seller, its position vis a vis a private trader in this respect is one of exclusive financial advantage. The percentage of profit for the Srate is not under the dead weight of fixed rates applicable to private trade. As trade expands through individual enterprise, the State's income also grows correspondingly through increase in the collection of coll and other charges including fines ctc. By chcapening the cost of production through stern control over expenditure, it may derive higher profics in selling its own goods even without enhancing the current In the field of foreign trade also it can be expected to do much becter than a private dcaler, however resourceful he may be, if it acts with prudence and foresight because of its undoubted superiority as a negotiating authority. Therc are two rules of fundamental importance governing the import policy. One of these is specific in its content, naming the articles not allowed to be imporced, these being weapons, chariots, metals, grains, cattle and precious stones, and the other is of a general character, embodied in a verse, declaring that no article, which is harmful, should be inported and that only those which are beneficial may be brought in." Now an article nay be Injurious for a private teader to import, but ie may not be so, if imported by the Start. The vagueness the mult renders its scope indefinitely wide. It may not be desirable to import a commodity from outside in the interest of internal economy, on brounds of healch and hygiene, or for security reasons Although such a rule may remain permanently valid as laying down a general directive in foreign commerce, sts application must always be in be in terms of the current standards of judgnient wluch may force for tlic determination of the merits of individual items of trade. rates, 38 ECONOMICS IN KAUTILYA For ideas about their injurious character may change with further detailed exploration of their utilities It is at any rate necessary to have a list of non importable goods or soine such definite guidance so that a dealer at a given time may not commit a mistake in the choice of lits merchandise and thus be involved in pecuniary loss and troubles From the rule itself onc cinnor know what particular goods are considered harmful and on what specific grounds But surely 16 is the concern of the Statc to exclude cicles, considered injurious from any point of view, from the list of importable goods and the curb put on private trade to the extent contemplaced in the relevant rule is therefore, justified There is nothing in the directive co bar the interpretation that Scate trading also lias been brouglie within the splaere of its operation, although it may be that articles excluded from import by private traders are not identical with those whicla che Scate desists froni bringing from outside But there are commodities which, because of their wholesome character, deserve to be imported By way of cxample mention has been made of seeds which may be required to be imported from outside to help the cause of indigenous production and manufacture Unless an importer of such specially useful goods is offered practical encouragement in the sliape of taxremission, le may be doubtful about the prospects of their sale ac profitable prices in the home market as the cost of procuring them frou a foreign country may be high enough to belic expectations of a favourable margin The State considers thc question of granting exemption from toll charges in respect of such valuable articles in libcral spirit because what it loses for the time being may supposedly be made up for if through tlus measure the general prosperity of the country increases in the long run But no intrusion on any account into a field clearly demarcated as its own is permitted by the State, as the rule specifying the articles not to be imported by private traders shows without any ambiguity in its meaning Articles such as weapons chariots etc, as already mentioned are not to be imported from outside The profubition in this case, wlich is not generalised as in the other rulc, bears the characteristic stamp of the cxclusive rights of the Kautilyan polity in its cconomic functioning with its monopolistic bent in some spheres 3 TRADE MOTIF 39 create IE any such article is imported, it is Irable to confiscation with a threat of further proceedings against the offender. If there is no demand for it, the trader with his habitual concentration on self-interest cannot be expected to import it except at grave risks to himself. The State also knows of its utility, as evidenced by the step taken by it, subsequent to confiscation, for its disposal outside the city's markeesa where traders can assemble their merchandise, which is lawful, and not contraband. Afrer confiscation it becomes a part of State merchandise, and hence no toll is charged on it. The mechanism of trade in Kautilya is manifestly sensitive to the behaviour of those who play a vital role in the private sector. The horizon is overcast with clouds of suspicion, and behind all the rules and regulations set forth can be seen the penetrating eye of an observer who knows how in so many ways a dishonest trader can defraud chc Stare of its legitimate dues, and conditions unfavourable to consumers and producers, and unhelpful to stable cconomy, which, in Kautilya, is armed against corrupt practices such as smuggling, underrating, underweiting, overrating, non use of authentic scals, submitting false declarations about imported merchandise, cvasion of sulke in the custom house, cornering or attempting to reduce or enhancc prices, not giving the artisan or manufacturer the proper value of his product, etc. In the Kautilyan system there is no lack of provision for che punishment of every kind of offence against trade regulations. It is doubtful, however, if it is possible to detect offences of all sorts, and to cradicate the cvils rampant at every stage of business with the help merely of penal provisions, however carefully they may be formulated. When dislioncse practices are so common 2 feature in private trade it is difficult to feel assured that the public sector is incorruptible. As far as one can judge, the rules against dishonesty in whatever form 0 may occur are severe, and the detective method applied is of a searching and unsparing type in theory. There is a possibility of undue harassment, wluch may act as a deterrent to the expansion of private trade. Cases whese exemption from tall and other charges can be expected have already been discussed. In some C333 tar-faics are also 40 ECONOMICS IN KAUTILYA reducible. So far as its own trade is concerned, the cate decides for itself what steps are needed for the proper disposal of its stocks of merchandise. Arrangements for retail sale at hours suiting the convenience of consumers are made.- High prices are not to be charged). There are other provisions dictated by expediency, those by which the goodwill of consumers can be carned. But though apparently concessions are sometimes offered, behind every act of the State one cannot fail to notice the never-ceasing alertness with which a successful crader carries on his business with a full understanding of the needs and habits of his customers. A private dealer is not expected to reduce price out of any social consideration and thus deprive himself of any profit which is legitimately within his reach. But the State, even though ordinarily steadfast in its financial demands, is compelled under the pressure of the prevailing concept about its social and religious duties to forgo revenue on certain specified occasions. In a strictly limited sphere wlich has been defined with some precision the State grants total cxemption from toll charges out of regard, as coastitutionally provided, for well established customs and rituals such as those connected with marriage, sacrificial performances, confinement of women, worship of gods, consecration, investiture with sacred thread,85 etc, in respect of the commodities required on each separate occasion Each article has its value which must be paid to secure it, free of the usual taxes. Its commercial value is thus believed to ccase when it is acquired and put to the specific use for which it is intended. Anong articles rendered tax free under this rule there must be some like those comprised in presents received by a bride from her parents' house, which being objects of permaneat value and enjoyment, may be sources of continuing financial benefit. As occasions like chose mentioned occur frequently, the consequent loss of revenue may be quite considerable If the same policy is extended to other communities che loss will be still greater. If, moreover, rich and poor to be benefited under the scheme, irrespective of their varying requirements, the strain on the public exchequer may prove too heavy for it to bear. It is curious how an operative clause of such ? sweeping character, chrowing an unconditional Itability on the trcasury, alike are TRADE MOTIF 41 attention to can find a prominent place in Kautilya whose first care is a Scate with expanded and balanced finances. There is one stipulation only to the effect that no claims for exemption can be considered, unless fully supported by evidence, as can be understood from the warning that 'those who utter a lie shall be punished as tlueves'. A few words may be said about some of the palpable gaps in Kautilya's account of trade and commerce. In the first place sufficient light has not been thrown on the mechanism of retail sale and its working under controlled conditions. Secondly the question of exploring the determinants of price at clic source has not been tackled in all seriousness with deserved necessary details in presenting the trade-policy. It is, of course, an offence not to pay the proper price, but there musc be a definite standard for the determination of fair price at all levels. No doubt it is intended that due consideration should be given to customary rates, but even these may be subject to fluctuations. It is the liability of the trader to submit correct returns of costs, including those of procurement. It in tlic determination of price mucual understanding between trader's agent and the producer is any factor of conscquence, one can never be sure that the price, as shown in the returns, is one that has been actually paid. Local rates are supposed to vary. When commodities of the same variety, collected from different sources, arc chrown into a common lump in the market, some system of calculation is needed to fix a uniform rate under condicions, of wluch a detailed discussion would have been most welcomnc. Scrutiny with the lielp of information supplied by the Intelligence staff is not an economic remedy for the solution of complications originating from any maladjustment in the technique of trade. Some parts of it have been left unaccented rendering 1c difficult to judge how the system can actually work in practice as trade moves from one stage to another. It seems that there is no rulc to prevent trader from Ittempting personal control over production in luus own sphere by engaging a contractual basis, by having a farm of his orn of loy subsidising appointed farmers of such other means as giving loans to a 1 to exercise attisans on 6 42 ECONOMICS IN KAUTILYA producers etc. One can only speculate about sucla possibilities, but Kautilya's reactions to these are not clearly ascertainable. Tlietc is a likelihood of small independent traders being gradually squeczed out in the process which probably leans towards large-scale private formacions in the business-world. Trade on the whole is treated by Kautilya more as a branclı of administration than as an cconomic subject with its niceties inherent in the very system which lic advocates CHAPTER IV Labour, Employment and Wages The phase of economic development, as pictured in Kauulya, has its special problems of labour, which liave been boldly faced and attempted to be solved by legislation, a critical analysis of which throws light not only on the nature of the issues confronted bur also che essence of the underlying policy that dictates the measures adopted by the State. There seems to be an implicic realisation that che expansionist trends in the econcmy in which state-managed farms and factories participate along with private enterprises cannot be supported without a planned organisation of the labour front. The Statc cannot be expected to adopt a laissez faire policy, allowing condicions to drift to chaos and disorganisation. Broadly speaking, there are two kinds of labour, pard and unpaid. In villages free men who do not own land, and so arc also cool-less sometimes, lave no independent means of livelihood, and hence remain unemplo, ed unless they are absorbed as cultivators working under farm-owners in exchange for fixed slzaces of the soul. Labourers are also required for other kinds of jobs connected with the different processes of agricultural operations. Any shortage of agriculcural labour must adversely affect production and naturally the interests of the land owning people and also those of the State which has a department of agriculture to look after the management of its own farms As more and more land is brought under cultivation, vartous forces are likely to operate to complicate the labour question, threatening the integrity of rural economy. Artempts may be made to divert village labourers to other fields of employment by creating unrest among them with a promise of better terms if they leave the present masters. Il clus is allowed to happen, any village where labour is not surplus may have to face practical difficulties in its func. tioning as an economic unit. It is in the light of this eventuality that one can understand the raison d'etre of the law that declares that actors, dancers, singers, drummers, buffoons and bards are nos 44 ECONOMICS IN KAUTILYA to be allowed to make any disturbance to the work of the villagers'.' This law may be supposed to be a safeguard to protect the poor and unwary peasantry as well as the aggrieved labour in the village against victimisation by outside agents acting in disguise. It is believed that helpless villagers are 'always dependent and bent upon their fields, and are, therefore, not likely to Icave their fields'; of freed from any chance of being influenced by external appeals Again if there is a real labour shorcage with no disposition on the part of local employers to raise current rates while avenues of employment arc open elsewhere, the movement or withdrawal of labour from the affected arca encouraged by interested outsiders to fill in gaps in the workmen's ranks, inay assume serious proportions. Besides free 1 c, pand agricultural labour, workmen are also engaged in various crafts and manufacturing concerns for wages or other such consideration. Private individuals, corporations and the State itself are among the employers of such labourers who are engaged on terms and conditions, as fixed between them and their masters. Slave-labour is supplementary to hired labour to a large extent. Bur Kautilya's economy has in an appreciable measure outgrown tlus form of service. A great step forward is taken in the direction of minimising the prevalent extent of slavery when it is declared that it is a criminal offence of an Arya sells or mortgages the life of an Irya. Tlits rule applies to the strata composed of frec Brahmins, Ksliatriyas Varśyas, and äryaprāna' Sūdrass Tlius the imposition of slavery, against wluch this provision is directed, 15 found not co be confined to the Sūdras but excending to members of the lugher castes as well The above mentioned sule applying to all chc four castes without any exception raises the Sūdras to the same position as that of the three upper castes with the spliere of its operation. The sale or mortgage of the life of a Sūdra, according to Kautilya, is an offence punishable with finc, proportionately less in amount than those imposed in cases where the liberty of the luglier castes involved Thic rates are different consistently with the graded form of citizenslıp based differences of status within the frame-work of tlic caste-systeini. Thic Aflecbeblas lorm an exception to clic culc, wluch applies to tlic Aryss 011 as cxiretic recover LABOUR, EMPLOYMENT AND WAGES 45 only, on the ground chat slavery exists as a custom among the former, which is allowed to continue. Although the scope for the recruitment of slave labour is thus sought to be retrenched substantially by a legislative measure, slavery in somne form or other may persist due to conditions specifically noted wichi evident legal sanction, such poverty, inability to pay court fines and to household implements, etc. As soon as the cconomic condition causing enslavement improves, steps are to be taken to redeem the slave, particularly if he happens to be an adult and is in a position to be helpful to his kinsnien.' This kind of slave-labour lasting for a temporary period is characterised by an uncertainty of tenure, and is for that reason unhelpful to the master for any business in which it may be employed. As the master remains bound to release lus slave if he gets his due ransom his cxpectations as regards the length of the employee's service may not be adequately fulfilled. In the long run there may be a tendency for thus kind of slavery to decline in practice. Although it is declared an offence co sell or mortgage the life of an Arya on the part of his kinsmen, an Arya may become a slave if 16 18 a voluncary act." It is interesting to note that an Arya does not lose his right to some of the privileges enjoyed by luis caste cven if lie has lost his freedom by conversion to slavery." The exercise of this right has been given chic protection of law wluch punishes a slave owner if he makes any attempt to stand in its way. The slave's son is also to be regarded as an Arya 10 Thus a slave does not lose his birth riglıt, the right of belonging to the caste based on birth. The circumstances under which a frec man of the Arya community may feel compelled to sell himself as a slave are irremovable so long as conditions accounting for poverty in cvery stratum of the society arc not changed. Whiat Kautilya is not slow to understand 13 firstly, that it is always an economic pressure wlucli compels a miserable man, be lie a Brahmın, Kshatriya Vaisya or Sūdra, to exchange his freedom for a price, and secondly, that the condition to which he is reduced is not a kınd of forcible subjection to slavery 46 ECONOMICS IN KAUTILYA A property can on political of racial grounds. The spirit of racial antagonism which may perpetuate the system is scarcely present as a decisive factor in the laws on slavery in Kautilya. The argument for its retention among the Mlechchhas is that the practice is customary with cheni, not that the Mlechchhas are to be kept in a state of slavery due to rcasons of racial apathy. A slave is morcover allowed to own property which can be inherited by lus relatives 11 If he does not leave any kinsman to whom the property can pass on his death it is for the master to take it. He cannot carn any property if he is to be used as a tool always at the service of his master be owned, if it is inficcited, self carned or received as a gift. The law empowering lum to own property, therefore, by implication, grants lum the right to inake an income by cxtra work as well as the right of inheritance or clic right to benefit by a gift But if the acquired property is considerable cnough to secure a release from slavery, che slave, groaning under the load of his miserable face, would naturally offer it in payment of the ransom demanded by the master rather than leave it as an inhesitance for bus kinsmen and slave in their interest Whatever he does with his property. the fact that he is given a tight of ownership, however limited it may presumably be in view of the selationship existing between himself and his master, brings him a sense of digity and concedes to him an economic status even as a slave, to be used by hem according as he pleases It is probable that a slave, if he wants, may be given a chance to carn a little by practising some kind of handicraft wlucl he has learnt outside his hours of duty, without having to move out of the area to which he is confined. It is not to be understood that this chance can be casily obtained in the situacion in which he is placed Even if he owns something, he cannot possibly have as good a chance of dealing with it as a frec man has through such transactions as sale, mortgage, investment for profit, etc He cannot possibly serve as a slave under one master and as a free man under another to make an income For the condition of slavery restricts his freedom of movement to his owner's establishment to which he is by law bound to be attached "S Buc probably a door is kept open for hus emancipation if kc steadily works die 2 LABOUR, EMPLOYMENT AND WAGES 47 for this object by accumulating small savings in ways approved by hts master and allowed by law, wluich may finally equalise in luis life-cime with the ransom needed for ending his bondage In the ultimate analysis it may be found that the relationship between the slave and his master has elements allied to tliose of the debtor creditor relationship in one of its extreme forms. The slave bumself or his relatives who have sold him or mortgaged ius life may be conceived to be in the position of a debtor It and when the debt is cleared ie, the ransom paid, the slave is to be restored to freedom, otherwise the condition of bondage continues The slave cannot be made to do things which are supposedly not in the original understanding. The master, for instance, cannoc employ fuis slave in any 'mcan work', such as carrying the dead. sweeping ordure, urine and the like or the leavings of food, ccc" So far as the form of his service is concerned, lic lias been raised co the status of a human being, not markedly distinguishable from that of a free labourer. A practical realisation of the economic value of lus service has slaped the angle from which lus obligations are to be standardised in the field of his employment withour prejudice to innate personal dignity which he does not lose as a consequence of cnslavement. The law further provides against the use of playsıcal force or abusive language, affording procestion to a slave less than cight years of age, against employment in any work for wluch lic has a dislike, or sale or mortgage in a foreign country. The master on lus own side is protected by statutes which require the slave to remain bound to his quarters, not allowing him to run away and win freedom by cheating loss owner without paying the required It what is given to purchase a slave is to be treated as a form of loan, it is not against any credit which is nil in the present case but against the life or person of the enslaved individual Slavery is not ended automatically on the completion of a stipulated period of service, but is terminable only with the payment of the ransom As the slave can have something to own as his personal property. however insignificant is may be, under conditions of servitude, the exploitation of huis labout or services by the master has been set a limit, thus permitting him to work in spare time for an incotac, 14 ransom.
48 ECONOMICS IN KAUȚILYA At any though this extra activity must be presumed to be confined withiin a circumscribed range. If his relatives are men of some means whose property, whatever it is, lie is allowed to inherit under the rules, why do they not lielp him with the ransom?, With maintenance and accomoda. tion provided by the master and with the security provided by law against physical violence, which also guarantees non-interference with his duties as a member of the caste to which he belongs, a dāsa may feel persuaded to believe that life cannot be made more agreeable for him with tlic termination of his state of slavery. But when a slave is given a riglic of ownership, ultimately it may lead to problems complicating the relationship between him and his master. rate if the latter wants the slave to continue his service in his own economic interest, while the slave is in a position to secure his release from bondage, he may by a bargaining process succeed in winning his consent to a liberal interprecation of the permissive · clause in the law relating to acquisition of personal property and its use, to a practical advantage to himself. The son of a slave being allowed to inliccic his paternal property, the slave's family is cnabled to enjoy whatever benefic it may bring, at least it may help him perform the funcral rites in accordance witla the castc-rules whiclı apply to liim. The redemption of an Arya temporarily enslaved througlı his kinsmion is as quick as circumstances permit. As soon as the necessary consideration is available it can be brought to an end. The manumission of a slave is always possible, leaving no choice to Isis master, when his restoration to freedom is deinanded in exchange for the ransom. The question of ransom apart, if a son is begotten on a female slave, both thic child and the motlier must be set free." Thic master's use of a female slave for sexual pleasure is not a part of his purchased right. The law against the master slows that plıysical faretcourse which is outside this rigus is not permissible except for a consideration. The claim against him is supposed to be wellestablished wlien a child is proved to be born out of such union. Nerler tlie child can be doomed to slaycry to the advantage of the master as lie is not given any right to procrcate slaves in this mannct.
LABOUR EMPLOYMENT AND WAGES 49 interests In Kautilya chere is a definite effort to formulate a policy applicable to wage-carning labourers, on the basis of a realistic understanding of the economic relations of a specific character. The emerging policy. to be just, must appear to be one that is without any reservation in che special interest of the State as a capitalist, the State itself being involved as a party in labour legislation equally with private farmers, merchants and industrialists The policy, as shown in Kautilya, is a true reflex of the economic complexion of the connected body-politic, and also an authentic indicator of an attempt to balance the cival and delicate interests of the parties concerned. As the State in Kautilya is engaged in various branches of trade and commerce, industry and manufacture, besides enjoying cercain monopolics of a highly profitable character, the private sector is naturally faced with a competition, and further difficulty may be thrown in its way of the legislation is one-sided As chere is no sign of such a course being adopted, it may be concluded that the State has no intention to work for a programme of more extended socialisation of its type to be achieved by preferential treatment of its own as against those of the individual competitors in prescribing regulations for the conduct of relations between employers and employees. The State appreciates the fact that the private sector is a source of strength to its economy. Even when it is placed in a privileged position as a monopolist, 16 invites private operation for a proper utilssation of its reserves, 18 Labour legisla. tion in Kautilya is a contribution cowards the maintenance of a system of relations which can work along planned lines with the Just interests of the employer and the employee settled, irrespective of any distinction between the State and the private capitalise insofar as they are connected with the employment of labour. The word "just" means in chis case what is found irreducible in the terms to be provided in law. Thus wages may be low, judged by any standard but what is required is that the remuneration due must be pard. No principle is laid down in labour regulations, requiring die raising of the standard of living of the labouring classes aimed at by labour legislation is that neither the employee employee should lose whatever is legally due to either side accordios 7 CO- What is Hor the 50 ECONOMICS IN KAUÇILYA or not is to the current or agreed standard Whecher the employer makes 3 large income not a question at issue, the workman engaged by him must get his wage. Similarly, the former is equally liable to render his service according to the terms of the employment. Labout sequlations differentiate skilled labour from ordinary labour to fix wages accordingly, uphold the liability of the labourer to perform his stipulated duties, also that of the employer to pay the wage as agreed upon or as settled, and finally create an effective inachinery for the settlement of disputes between labourers and employers. It does not appear to be a function of the State to fix or prescribe any standard of wages on grounds other thian chase of lawful usage or agreement. What it insists on is an attempt to be made to determine the precise extent of the mutual liabilities of the employer and the employee in respect of the execution of the task undertaken, by a decailed and thorough study of the circums tances attending 16, so that no loss can possibly accrue to cither party through breach of cerms by the oclier The law contemplates a twofold arrangement for the payment of wages according as the contract is with workers individually or collectively. In the former case every individual labourer receives his wages from his employer for the work assigned and carried out, in the latter the payment is to be made to a group of labourers employed for the purpose of executing a definire work in a collective capacity, cach getting his ducs as settled between himself and the rest. The employer does not seem to be directly involved in the question of clic fixation of wages of individual labourers thus employed on a collective basis, nor does he probably have to seetle what cach will trave to do. worry about the question of the qualifications or fitness of any individual worker, or fix the number of men to be employed. The contract is with a whole body of workers who colleccively undercake to do a specific job within a prescribed period, for which a lump sum is to be paid, representing the aggregate of the wages duc completion of the work. It is possible that in such cases the agreement is beta con the employer and representing the workers to be engaged. This representative seems to be onc on the one 49961 an LABOUR EMPLOYMENT AND WAGES 51 of the workmen employed and not of a type of middleman, a sort of contractor thriving on commission due to successful negotiation for an agreement between labour and capital. Under this arrangement a workman hias a greater chance of receiving just what is due to him for executing his part of the work undertaken by the collective body to which he belongs than under conditions where the capitalist cannot directly contact the particular type of workers needed for his business and every settlement may have to be made with the help of professional contractors, undertakers or agents who may try to get something from everybody and thus squeeze out of the worker's sınall wages some percentage as a reward for his help in cendering him a job. The rules which are laid down for the settlement of wages in the Goverament department of weaving? are probably generally applicable wherever a distinction has to be drawn between skilled and ordinary labour A uniform and flat rate of wages for labourers of all sorts is impracticable in advanced economic condition where commodities of various gradations of value representing different kinds and degrees of manufacturing skill are produced and used by consumers The wages of a labourer cannot but be dependent on the market-value of the article produced The latter again depends on the cost of its production, including the cost of material used Thus the settlement of just wages is a complicated matter depending not only on the skill of the worker employed but also on the total outturn of his work, 1e both the quality and quantity of the job completed by him The principle governing the determination of wages can be understood from che passage quoted below, containing relevant directions for the guidance of the Superintendent of Weaving -_18 “Wages shall be fixed according as the threads spun are thin, coarse, or of middle quality, and in proportion to a greater or less quantity manufactured, and in consideration of the quantity of thread spun, chose (who turn out a greater quantity) shall be presented with oil and dried cakes of fruits". Two basic factors thus involved 10 the fixation of wages first, the quality of the material used in che manufacture, are 52 ECONOMICS IN KAUFILYA and second, the amount of performed work. If the quality of the material is high, its value must also be proportionately high and the skill required in handling it for manufacturing purposes, technically competent. The quality of the material is of a threefold order fine, coarse and middle. The workman's skill in relation to the quality of these three varieties 15 also of three corresponding varictics. Wages are to be in proportion to these three categories of labour but payment is to be on the basis of produccion. In the first place there are different rates of wages for labourers, related to the three different varieties of thrcads used.--coarse, fine and iniddle. Secondly, there is no uniforin rate even for all spinning the same variety of threads Here che rate of payment Auccuates according to che amount of work donc i e, che quantity manufactured. A basic rate need to be fixed for minimum work, wluch serves as a unit. If the quantity of work increases the amount of the remuneration will also correspondingly increase, but any such increase in wages has to follow one or other of the basic rates fixed for every unit of manufaccure in respect of the three specificd varieties of thread. It does not appear to be the practice to fix wages having exclusive reference to duration of labour or hours of work But in settling wages one of the determining factors, as already mentioned, amount of work performed. Special technical skill, which is to be rewarded is of a twofold character It 15 to be shown in the ability to manufacture threads of superior qualicy, and secondly, in the facility of output. Although wages may not be fixed in relation to hours of work in all cases, the time-factor cannot possibly be alcogether ignored in an industrial organisation. In fixing che unst of work for purposes of wages, the length of minimum time required on an average for its accomplishment scems necessary to be taken into account. When competition in regard co volume of output is so much cocouraged in practice, it will be impossible to determine who loses or who wins in this race unless calculation is based on the time taken by cach labourer in the production of his work. Business cannot go on properly unless it knows what amount of production it will require within a given time. The system therefore is to pay wages according to the amount of work completed within a cercain period. Is the varieties LABOUR, EMPLOYMENT AND WAGES 53 It may be noted liere chat the details discussed above are in connection only with the weaving industry run by the Government. Other industries may not have to deal with materials of similarly standardised The determination of skill will not in their cases be dependent on the same principle of differentiation as 10 textiles But an industry may consist of different inter-related processes, some comparatively difficule, requiring different degrees of skill and efficiency on the part of the workmen to be employed. Thus within the samc industry wages may differ according to the skill shown in the execution of its component parts. Moreover, as between two different industries, workinen attached to one may on the whole receive more wages than those employed in the other for the obvious rcason that the former produce articles of greater market value and work on more precious material than the later. Thus the economic system which encourages individual skills of workmen must embrace every branch of industry as te grows in complexity, and produce differences in wages, allowances, etc The development of mechanical or technical skill, though understandably slow and cardy, tends to produce a result which may bear some resemblance to che effect on employment position of the applica tion of labour-saving devices in modern eines The number of labourers otherwise required to be employed diminishes as the machinery grows in efficiency, needing less of buman labour to work on it for a greater volume of output within a shortened period in which, without the improvement effected, at least more workers will have to be employed to get the same quantity of result. In that case the greater the skill of the craftsman or thic greater will As every industry quantitatively has its natural limit of expansion conditioned by the law of demand and supply, if the required number of men possessing the necessary skill in a particular craft or industry is avaslable, those who are unable to compete with them will be forced to withdraw from it and swell the number of unemployed or fill the ranks of unshilled labourers with wages appreciably reduced We have referred above to a system of competitive wages, under which a considerable number of workmen seem to be employed in the artisan be the output.
54 LCOVOVICS IN LAUTU YA service. weaving department. There is another system working simultancously with it under which artisans are employed on a basis which bears the appearance of a contractual one. They are required to turn out a given amount of work within a specified time for a fixed amount of wages Only those qualified to do the required work are to be selected This system is free from that spirit of competition which dominates the otlier and under it, unlike the other, there is no uncertainty as regards the quantity of work to be completed by sets of labourers possessing different degrees of skill within a certain period of Men may employ themselves not knowing beforehand how much they will be able to manufacture Buc according to the terms and conditions as settled under this kind of arrangement the quality of labour, the amount of work clic duration of labour and the amount of wages are mapped out in decail prior to cmployment. Whether labourers are engaged on these terms or on terms varying according to degrees of shill, no calculation can proceed unless the time required for doing a job is more or less definitely known. Tliat ordmarily a labourer does not have to work on all days is clearly shown in the rule which provides that extra benefit can be carned by lum for work done on holidays 1" This provision may give some recognition at least to poor labourers working in the weaving department of the Government whose income during working days needs to be supplemented and wlio are not sufficiently skilled to be otherwise cadded to any extra advantage. There is no reason to doubt that the privilege to work on holidays may be extended to all classes of labourers where there is a demand for incrcased production. The rule (or labourers is ordinarily to work at a fixed place. This rule is only relaxed on the case of somen, employed by che Superintendent of Weaving, whom social custom does not allow to leave their homes and work outside in association with others to wliom to such restriction applies Workaren forming their own groups have to be engu,ed to work together at a fixed place so that they may be conveniently subjected to necessary official supervision with a view to the prevention or detection of tlicft, neglect of duty, etc, le is laid down that they must not without permission leave or take away anything from the factory or the place where they are employed out in concern among others artisans to out a LABOUR EMPLOYMENT AND WAGES 55 Payment of wages is to be made at the end of the work undertaken of at any time earlier in proportion to the work already carried The role in this respect is definite requiring cultivators or merchants to pay, either at the end or in the middle of their cultivation or manufacture the cost of labour in terms of the work executed This rule does not contemplate any payment advance 1 Cases where payment is to be made on che complecron of a work, are those which who undertake 'cutn given amount of work in a given time and for a fixed amount of wages It is not clear if it is possible for such artisans to demand part Payments consistently with the progress of their work from time to time Wliere the undercaking is to carry out a definito piece of work within a certain period any payment made before it is completed may affect the employer's interest by taking away the employee s urge to finish the rest within the alloted time. Legal remedy for any breach of terms or stace assistance in settling disputes between labour and capital is, however, always available Hence even if part payments may be Inade in cases mentioned above, the interests neither of the employer nor of the employee will ultimately bc 10 jcopardy, for the law undertakes to protect the interests of both Ic 15 said that 1s to be treated as an offender liable to be fined if he neglects or unreasonably delays finishing the work for which fic has received wages and be compelled to keep himself engaged till it is completed 23 If the kind of advance payments mentioned here is taken as including those made in the middle of the work, no conflict will appear to exist between this statement and the provision which permits payments during the progress of a work undertaken If, however, the suggestion is that wage or any parc of can be paid in advance even before it is earned, the leniency, ut widely practised, will give an undue advantage to the labourer over his employer, and may prove a source of endless disputes It seems probable that only in exceptional cases payment in advance may be found necessary Tlius for instance be imagined that when a particular labourer has no money to buy his clothing or have food for himself and his family, or lias 2 servant it 10 may 56 ECONOMICS IN KAUTII YA ment. got some liability which must be cleared before lie can take up the responsibility, the special circumstances mentioned may induce part payment wages in advance in view of the value of his service. But such a course will be impracticable where a person employs large numbers of men in his business. The generally approved practice appears to be either to pay wages on the completion of a work which the labourer has taken up, or to make periodical payments to him in consideration of and in proportion to the amount of work actually done. Wages will thus appear to be fixed for a work taken as a whole, in which case it may be treated as consisting of parts respo to a lihe division of the wages fixed prior appoint- On the completion of each such part, a proportionate share of the wages can be demanded and paid, but probably this system of payment is not intended to work except in cases deserving special consideration, the custom usually being to pay only after the whole work is accomplished within a given time. The other system is to pay wages by stages as the work proceeds, the employee's liabilicy to work for the whole period required for the completion of the manufacture cemaining without any modification. The Arthasastra seems to know chat by cngaging a workman for a number of hours the employer may not be assured that be will put forch his max mum exertion in the cash allotted to him. The employer may even get much less than the value paid for it, hence the quantity of work done is to be taken into serious corrsideration in sertling the employee's dues This may serve as an incentive to hard work since the more the greater Any such settlement, however, cannot possibly work on a general scale unless employees in an industrial concern arc required to be engaged on every working day during a specified period An employee may undee such a system do more or less work according to his will, skill and capacity, and receive wages differing in amount, as determined by the quantity of his production for that period Wages paid in accordance with this system depend on the quantity of work produced in an appointed period of time. The value of such work must be determined by market-condicions current at a given time, and whatever the product of labour, large or small, it has a fixed value of tvluch che wiges form a part It is obvious that where output, the would be his wages dities proceeds LABOUR, EMPLOYMENT AND WAGES 57 large numbers of inen are engaged under this system they are paid their wages at the end of a settled period,24 and are given Just what is due to them individually for the amount of work donc during that period as the manufacture of commo- Even under his arrangement 3 close supervision is to be excrcised over the employees so that they may not neglect their work. For although payments depend on the quantity of work, a capitalist employing a certain number of people to get a thing manufactured, cannot, in the interest of his business, ignore the necessity of the commodity being manufactured within a reasonable time. Labourers may choose to be idle or go slow, but for him it is of the utmost importance to keep within the limits of estimated cost (of which labour is one of the constituent faccors) and time. The wage system advocated in the Kautilya shows a threefold variety (1) Dues pard to employees on the completion of a work undertaken by them to be finished within a given time and for a wages, (2) Wages paid to labourers wlule commodities are being manufactured, which are to depend on the quantity of work donc by stages during a certain period, indicating a system of periodical payments. (3) Payment in advance either for the whole job undertaken or a part of it (with the workman's liability to complete the rest). Payments can be made either individually to each labourer or collectively to 1 number of labourers working as a group, who, on receipt of the wages, will divide them among thiemselves according to their own plan of distribution. Both the employer and the employee are given necessary legal pro- Tlie Arthaśāstra realises that thic interests of cniployers and employees cannot be identical under a system which recogniscs profit. carning as a lastul pursuit for the former, while giving the latter the The labourer getting wages only and no share of dividends lives by giving lus services in return for wages, the employer is a from this cagitalist Lent on making profits out of his investment. definite amount of tection. right of 8 59 [CONOMICS IN KAUFII YA standpoint the society has two sharply divided classes, viz., employers and employecs, capitalists and labourers Disputes are bound to occur between them over virious issues connected with their mutual relations. Legislation for the settlement of these disputes is, therefore, a vital necessity, specially because the Scato itself is an employer of labour, bent on making profits out of the various industries owned and managed by it, and also no less interested in the proper working of private enterprises as they bring revenue through various channels. The relation between an employer and his employee rests on an undertaking by the latter to cxccute a work, and by the former to pay lum lus dues after it is accomplished, or an undertaking by the employee to work for a certain period at the end of which he is to be paid wages in accordance with the amount of work completed by him Botlı elic cmplayer and thic cmployce are equally bound by the terms of an undertaking, which are to be specific in regard to the nature and quantity of the work to be taken up, as well as the amount of wages payable for it. Tliese terms will be violated of an employec having entered into an agreement fails to take up or carry out the appointed work without any reasonable excuse, or if the employer refuses to accept the work done by his employee or let him continuc luis service as previously settled or to pay the remuneration due to him for his labour. In all sucli cases law comes to the protection of the aggrieved party e But no settlement of a dispute of this kind which calls for legal intervention is allowed witliout a decailed examination of tlic relevant circumstances The motives of the parties involved as well as the circumstances attending the alleged breach of rerms are to be investigated before any decision is given in a dispuce arising between employer and employee. As already stated, a labouret having undertaken a work and received pavment in advance is to be puuished with a fine if he neglects or unreasonably puts it off Here the offence is a serious onc because of the prior consideration received by the employee. The receipt of a payment in advance imposes upon the employee an inescapable liability and is a definite proof of his acceptance of a responsibility. An employee who is in this way bound by the manner 15 to LABOUR EMPLOYMENT AND WAGES 59 terms of an agreement cannot lawfully go elsewhere for work without completing the task to which he stands committed. This rule gives an effective protection to the employer. Where a labourer has been actually engaged he is also liable to work according to the terms of the agreement with his master. Buc exceptional circumstances like illness or an accidental calamity may go in his favour to a certain extent, and induce a generous consideration of the complaint lodged against him. He may be required to get the work done by a substitute. 28 Any delay caused by the inaction (in the execution of che work) of the labourer in such cases, is not to be tolerated, for that will surely mean some loss to the employer for which lie cannot be held responsible. This is to be made good by the subscicute dorng extra svork for clic employer. In thts the employer's interest be safeguarded as much as possible in the circumstances arising out of che default of the employee either wilful or accidental Where the default is due to exceptional reasons the only concession shown to the defaulting employee is that he is granted exemption from payment of fine, Where it is utterly impossible for an employee on any of the grounds mentioned to continue the work himself or furnish a substituce, che step to be taken in the natter is not indicated, concession is to be made in the treatment of cases where default is due to circumstances beyond practical control, tc 18 probable that an employer may have to suffer some loss where no remedy is available in any form whatsoever. The employer's liability is equally enforceable against him for any wilful default on his part $ In determining his liability the terms of the agreement must be carefully studied If thc agreement cmbodies a condition that the employer is to have his work done by a particular employee and none other, he cannot be allowed to engage a different worker for the same job. Where there is such a condition, it will be equally unlawful for the employee to take a job elsewhere. The agreement in such cases is of a mutually binding character, for it entails upon both the employer and the employee the liability to remain attached to each other, It seems that such an agreement to be valid must be free from any ambiguity, with the condition mentioned that As some ECONOMICS IN KAUTILYA in both the employer and clic employec remain bound not to leave cach other till the work is completed. It may be presumed that in the absence of such a stipulation tlic cmployer, who has no complaint against his employee, to be referred to for adjudication court of law, may cxcuse the latter's inability to join or continue his duties, and appoint some one in lus place. Sumlarly ic may be open to an employee also to take up work clscwhere, af by doing so he does not cause any loss to his present employer. Otherwise che cmployce's obligation to finish a work is serious enough, he cannot put it off without any lawful reason, or neglect it in any way, any default on luis part is a punishable offence. In exceptional cases he may be let off if he can provide a substitute and also proper compensation in the form of additional labour. But where the agreement explicitly particularises both the employer and the employee for a specific fob, it is impossible, so long as the agreement lasts, either for the employer to engage another man or for the employce to join an appointment elsewhere. Irrespective of wheclicr a labourer is neglectful or unreasonablc so putting off the work of lus employer, or is ill, or otlıerwise incapable of performing his duties, it is generally held that a labourer, if he does not do lis employer's work, he is to be fined.20 As this gives a general protection to the employer who lias only to prove non-performance of duties and not necessarily its cause under provisions of the rule, the employee too finds lus interests well protected when the law declares that the employer is bound to accept the work donc by him and рзу him the wages duc on that account. Having appointed him, he cannot usually refuse to accept his work, but if a dispute arises the onus lies on him to show cause. There is, lowever, a difference of opuoion as to whether it is obligatory in all circumstances on the part of an employer to cecain the services of a person appointed by hım when the latter is prepared to honon luis part of the agreement. Some are of the opinion that the obligation is so definite and effective in nature that the refusal of the employer will make no difference, since he is bound to regard the employee, whose work he may not avail himself of, as having actually carried out his appointed duties to be duly paid for. 20 the Buc can LABOUR EMPLOYMENT AND WAGES 61 Kautilya insists on a full examination of the reasons for which an employer inay be led to refuse to accept an unfinished work so The first principle advocated by him in this connection can be summed up in the phrase no work no wage Thus in a case whicre an employee has not actually done any work under the agreement although he is fully prepared to do it, it cannot be claimed as a matter of right that he is to be paid his wages as if the work has been executed The second principle is that if the employee has alrcady done some part of the work he must be paid not only for that part but also for the rest if he is willing to do it notwithstanding his employer's refusal Both these principles are to be applied in ascertaining the actual liability of the employer on the basis of all the circumstances counected with the particular matter in dispute The second principle, for instance not be put into operation in a case where evidence shows that the refusal on the part of the employer to accept the employee's work is not due to any personal reason for which the former may be held liable or responsible but to a defect in its performance or to conditions in respect of time and place not beng adlıcred to possibly bringing in a new element that modifies the character of the original agreement, in the light of which the employers subsequent conduct is to be examined The same principle is also imperative in a case where the workman if not restrained is likely do more than agreed upon and cliereby entail loss to the employer The difference between thic policies respectively advocated by h autilya and his preceptor lies the fact that while the latter is somewliat liberal and less critical in its sympathy for the employce, holding him lawfully aggrieved wherever lits intention to serve and the employers refusal to be served proved thic former no doubt Oststs on these condicions being looked upon as giving rise to a dispute buc in add tion requires furcher proof to establish the guilt of the employer by a thorough investigation into the circumscances accounting for his relusal to accept the employee s work The role recommended in Kautilya chius gives an employer every opportunity to adduce the grounds of fus rejection so that these may be taken into account is ascertan ing whethier lie is actually liable or not to give satisfaction to the aggrieved employee in terms of the second principle !!!! in 62 ECONOMICS IN KAUTILYA terms down in Kautilya Kautilya's theory thus does not admit that where there is an agreement there can be no ground whatsocver sustainable in law on the part of the employer to cancel it if only the employee is ready to abide by the of huis undertaking The other thicory is extremist and categorical, and is definitely pro labour insofar as it does not allow the employer to put in a defence, to take the plea and prove it by evidence that lus conduct is justified Kautilya stands for a rational adjudicacion based on a decailed examination of facts in cvery individual dispute of this type rates written As regards wages these may be sectled in four different ways (1) by an agreement between the cmployer and the employec (2) by the evidence brouglıt forward by neighbours as witnesses to ani agreement that may liave taken place, (3) by reference to local cristom and usage, (4) by the application of a standard cither fixed by the State or by appointed experts, and lastly (5) by taking into consideration the amount of work done and the time spent on doing it with a view to payment in accordance with customary The last three methods for the settlement of wages are to be resorted to in the absence of an agreement directly between the employer and the employee It seems this agreeinene may be either 16 provable by the production of some definire kınd of documentary evidence or oral in which case the evidence of witnesses is to be examined A direct agreement is possible as freedom is given to both the parties to settle terms mutually acceptable But where there is no agreement wages have to be settled by other means, such as those mentioned under items 3 4&5 In every such case the amount of work actually done and the duration of labour involved have to be considered Hence what has been suggested in item 5 is more in the nature of an illustration of the process to be applied in the settlement of wages not fixed by an agreement between the parties involved, than an independent method by itself That process has to be applied in every case where no agreement exists When full evidence lias been taken as regards amount of work and amount of the remuneration due to an employee has to be determined citlice with reference to customary rates (3 & 5), or standard rates time use LABOUR, CMPLOYMENT AND WAGES 63 (4) recognised by the State or fixed by experts in respect of certain forms of labour. The rates fixed by experts will have undoubtedly to be based upon the knowledge of the scope, condition, etc, of the parcicular industry with which the employee in any given case may bc concerned. It is, however, not known upon what specific basis thic calculation of the labourer's dues is required to proceed at the hands of an expert, what standard is to be applied in determining the cost of labour in proportion to other costs, or profits allowed to a capitalistproducer of commodities, etc. It does not certainly need the services of an expert to find out what the locally current rates are Taking of expert advice secms to be suggested in unusual cases where something more than a merely formal ascertainment of current rates is required, for instance, where an industry has been started in a locality which does not contain another of its like or where business is of a more complicated character, a detailed examination of all its aspects may be necessary to arrive at a reasonable standard of wages for the labour cmployed. In thic of expert advice recommended lies the possibility of clemencs other than conventional, being recognised and introduced into the calculation of rates which cannot remain static in changing cconomic conditions, But whether it is possiblc for labour securc higher wages, depends to some extent on whether it is in a position to make strong claim by virtue of its utility and cooperative character. The State applies fixed rates in regard to three forms of labour only, viz., agricultural labour, the labour of a herdsman and the labour of a trader.11 The rates allowed arc fch of the butter clarified as well as of the crops grown' and itch of the sale proceeds, allowed respectively coa lierdsman, a cultivator, and a trader, while artisans, musicians, physicians buffoons, cooks and other workmen, serving of their own accord (1.c., not slaves, but hired Jabourers) are to obtain as much wages as similar persons employed clsewhere usually get or as much as experts shall fix that wages for professional and industrial classes are to be either in accordance with current rares or rates approved by experts, wlule labourers, mostly agricultural, are to be paid according to the rates permanently fixed by the State. In the latter case clic rate is, to a It will appear 64 ECONOMICS IN KAUTILYA its his as fixed, in the absence of an agreement between the parties concerned in proportion to total production In industry also, any rate offered must be understood to be in some proportion to the value of the manufactured article. Where a comınodity is the product of associated or complementary labour involving co ordinated processes in manufacture che earmarked cost of labour may be supposed to be divi sible among the artisans employed, cach receiving portion according to luis work. But probably the principle of calculation suggested, no matter wlicther one workman or more are engaged collectively, che total estimated cost of labour being more or less a fixed amount, is that wages liave to be distributed among all the workmen engaged in proportion to the value of thicte respective work, skill and efficiency, etc. The rates of wages for industrial and professional labour are not such as can be standardised by the State or stereotyped with the same degree of rigidity as in the other forms of labour mentioned abave, they are subject to fluctuations which are within the knowledge of cxperts. But the main principle guiding calculation of wages by experts for some forms of industrial labour may also be the same, viz , a fixed share of the value of total production carmarked as cost of labour. The various provisions of the law for the settlement of wages establish beyond doubt the conspulsory character of any award to be made cither on the basis of customary rates, or rates fixed by the State or by experts Both the employer and the employee are bound to accept the terms thus fixed. A certain uniformity in regard to the standard of wages is thus sought to be niarncained. Thic State, however, cnforces the terms and conditions embodied in private agreements whose freedom is not restricted by any measurc. The question may be asked if, where there is no agreement or evidence to prove any agreement, the State enforces standard rates or races fixed by experts, why does it not declare that it reserves the right of scrutinising, at elic invitation of citlicr party, cates settled in a private agreement between employee and employee and of cancellmg or modifying them if cliey are in conflice with standard rates? This will be only a logical step for the State to adope with its clear interese in matters relaung to labour and svages. The freedom given co cmplayer and employee to settle the question of wages leaves som 2 a LABOUR EMPI OYMENT AND WAGLS 65 room for haggling and private understanding, which mnay be unfair to themselves as well as to others engaged in similar trade and industry, giving rise to a competition in respect of costs and profits. In reality, however, with the progress of economic condition the probability of such competition must become gradually reduced and a fair approximation to standard rates a rule rather than an exception even in the drawing up of private agreement. The State sets up a machinery for the investigation and settlement of disputes specially where artisans and their employers are concerned There is a standing committee appointed by the State, consisting of three Pradeshtrys who are entrusted with the cask of removing thorns, i e., obstacles in the path of peace.32 The old machinery for the administration of justice is not always suitable for the purpose of expeditiously dealing with all kinds of disputes and troubles commonly found in a society which has far advanced from its primitive organisation and form, being composed of conflicting elements and interests, where balance has to be maintained through rules and ordinances framed solely to serve secular Something more than a mere knowledge of the country's traditional law and experience in its administration is needed, the object in the changed order of things being not simply to investigate an offence and punishi che offender according to the age-old fashion but also to prevent the commission of an offence and the occurrence of a discurbance, due to divergent interests of labour and capital, employer and employee. The older code of law with its sacerdotal, socio religious bras is not adequate for application to conditions growing out of the new relations being formed on the basis of industrial expansion and development. The State has to frame rules and regulations, reflecting its policy in regard to trade, commerce and industry, conduct of business, mutual relations between employer and employee, internal organisation of guilds and corporations, Joint and individual liability of workmen, standards of wages, etc. A detailed and specialised knowledge of these rules and ordinances is required, and for their practical application an expert study in the technicalities of crafts and industries to which they are related, is also of essential importance Besides, the usual 9 causes not it may IS institution 66 ECONOMICS IN KAUTII YA suitable where procedure of an ordinary court of law is a quick decision is to be taken for the prevention of a disturbance Matters, concerned with employment, wages relations between cmployer and employee, etc, are not like ordinary subjects of dispute affecting only two individual parties, the offender and the offended on the other hand they represent a clash of interests peculiar to a society wliose scope is much wider to be attended to and settled with expedition to avert any pressure, incipient or thecarening, on its economy with a growing emphasis on industry. be noted here chat the tribunal set up for the purpose expressly charged with the task of settling industrial disputes, for they are to be concerned with the artisan classes 33 If the term artisan is not to be understood in a wide sense including workmen of cvery description, which seems improbable, the of the Commission is a measure taken by the State to deal with the problems of industrial labour, working mainly on tools, and in factories, as differentiated from purely agricultural or professional segments of labour. The functions of the Commission include those of an advisory body. In this capacity it is specially concerned with the security of deposits to be made by guilds 31 Amongst persons who may be considered worthy of holding such deposits in their custody, are reliable and enterprising artisans who are probably expected to make a proper investment of these deposits in building and expanding their own crafts and industries The Pradeshtris have also to be in touch with those who are in a position to help artisans with practical advice and instructions The deposits are however, to be returned when the depositors are in extreme trouble The Com nuissioners probably have to prepare lists of men or associations who can be relied upon to function as depositories. In any case the State's active interest in private investment in the field of industry and manufacture is clearly in evidence, 15 well as its vigilance over individuals acting as depositories on the lines as indicated above an important step is to be taken by the State for safeguarding one of the viral interests of the industrial classes Guilds if they have to deposit their valuables, can do so with persons of established reputation as certified by the State, LABOUR EMPLOYMENT AND WAGES 67 carrying out of The other useful function of the three ministers who act as a body of labour commissioners, is to enforce the an agree ment entered into between an employer and his employce, the latter being required to carry out the assignment in full accord with the terms of the agreement as to time, place and the natutc of the work undertaken.35 No deviation is to be allowed in law, except under circumstances over which the employee cannot reasonably be expected to have any control It is evident that the law requires an agreement to be proved There is no action if no agreement can be proved But if there is a valid agreement, its terms are to be fulfilled with unvarying exactitude. If a loss accrues to the employer on account of any delay made by the employec in doing his work, if not due to an exceptional cause, it is to be made good with a fine or a forfeiture of the wages The offence in such a case may arise out of the violation of the condo tions regarding the time-limit by which the employee is bound. If the employce's undercaking as to the nature of the woth to be produced or carried out is not respected in performance, his liability will be greater he will be compelled not only to forfeit his wage but also to pay a heavy finc. The commissioner's duty is thus cwo fold --16 has to give sound advice to artisans regarding their financial well being. secondly, it has to protect the employer s interests by insisting on a complete performance of the work undertaken without any deviation from the agreement entered in respect of the terms relating to the cımc (1c, perhaps the date of joining and the period in which it is to be completed), place (where the work is to be done) or nature of the work.36 The liability of the employer to pay all that is due to a workman in the shape of wages etc , is equally enforccable and is implied, It appears ciat cúc dousing accommodation for sunkme iss matter of concern for the State and clic provision relating to it forms an integral part of city-planning 37 It is laid down in the chapter dealing with the construction of buildings in the capital that families of workmen may be provided with sites befitting their occupations and field-work. The reference here seems to be to those workmen who are in the employ of tlic State, and the liousing accommodation for their families in the capital But obviously the 6S ECONOMICS IN KAUTILYA State's responsibilicy in this respect cannot be of a regionally limited character but must be presumed to extend to other prominent centres of administration as well. There is, however, no indication chat private industralists and other employers of labour (excepting probably domestic service) are under any legal obligation to furnish their employees with quarters On a general review of the industries, 38 described in Kaucilya, they appear to show in their progressive phases a decided trend towards advance in specialisation, improvement in production, both quantitatively and qualitatively, increase in the number of types and varieties of manufactured articles with insistence on the aid of mechanical devices (yantra) wherever available. The drive for expansion leads to the widening of che field of employment with inconsiderable chance of being appreciably affecced by mechanisa. cion in scientifically backward ages The field thus growing to its natural dimensions is not one of an undifferentiated mass of labourers and artisans, but divided into different sections representing differences in technical skill and training, efficiency in productive capacity, as well as types of services Supply of labour to match with the growing prospects of an industry is a pressing problem. A difficult situation may 211sc when, with all other resources available, an industrial concern ss yet unable co develop, as planned owing to inadequacy of labour supply Nothing, liowever, should be done to disturb or reduce agricultural production, the age long pattern of economy in rural areas is so strongly upheld that there scems to be no encouragement to any move co back up urbanisation or industrialisation by a policy of forcing elemencs of village-populacion out of their tradicional moorings to ccmovc labour-dcficiency in the interest of larger industrial undertakings. The plan of building new villages by settling surplus population, brought from overcrowded areas, shows what actention is paid to the utilisation and development of available sources of production of raw materials Rural cconomy, if properly developed, may be supposed to be capable of furnishing some manufactured articles for wider consumption But with difficulties of transport facing this procedure, and for various other reasons, st can afford only * partial remedy in removing the handicap. A dynamic State knows [ ABOUR, EMPLOYMENT AND WAGLS 69 its owo method of attracting immigrants from other countries if it has sufficieat room for their useful employnient 39 If the method succeeds 10 may contribute to the solution of the problem of labour shortage to some extent, but the State will naturally be most anxious to absorb the infiltrated clements in the interest of its own planning for the public sector and other economic undertakings. The special difficulties, experienced by the private sector, may not in the circumstances have an cqual chance of being relieved. For another reason the problem of labour-shortage is aggravated to a far greater extent in private firms and workshops than in state-managed concerns. With thic liberalisation of the rules of slavery, preference for slave labour becomes mcaningless in the practical field due to the legalised exclusion of many from the tange of permissible enslavement as well as the strictness with which the protective clauses operate to the benefit of slaves alrcady in employment. Some rules do not obviously apply to thic State owning slaves, for instance, the one that requires a female slave to be set free if a child is born out of illicit connection with her master, Then, again, for a private owner it may not be casy to track out a runaway slave, punish kum and get him back to work. If he fails co do so, it will have to be counted as a loss. Moreover, che range commanded by the State in securing its needed supply of slave labour, is, as it should be under the circumstances, reasonably wider chan the onc open for exploitation by a private individual or a group of individuals to provide for expanding business. For instance, the State more secure position to seview offictally cases of persons unable to pay fincs, or captured in war, also of others like the mlechcbhas to whom the anti slavery cules do not apply, in its deve for recruitment of slaves. Then there is one point arising out of the commitments and Itabilities involved in the relation between a slave and his master, which cannoc be explained by simple arithmetic. The rule is that whenever a ransom is paid, clic slave is to be emancipated. If the ransom covers only the price pard to own a slave, the master does not get any interest on the sum thus invested in the absence of a provision fixing the minimum duration of service on the basis of the calculation of the wage which may have The not a slave also been paid to him if he were 1S in 1 hister sort 2 72 ECONOMICS IN KAUTILYA rules or in the workman's case for the fixation of his wage. When a dispute is investigated, only the agreement is examined and no extraneous factor. There is a way of judging what remuneration is just, but this way is not shown as being built by a class-struggle. It is quite possible for a labourer to liaggle over semuncration. It is not wichin che power of an employer to compel a man to work for him on dictated terms. While terms are discussed, those who offer better and more acceptable terms are naturally to be preferred. But no employer will agree to pay more unless it is to his interest to do so, except specially when the nature of the labour to be employed is of a whose availability is not commensurate with the extent of demand The system of calculation of rates is not dependent on any organi sational strength but is rather a fixture within a pattern of thunking and practice with tendency to bc traditionalised if the employee does not bestir himself 10 pressing his demand for fait svages even within the framework of the law where the State promises, in the cvent of a dispute, to help carry out a complere investigation of the conditions prevailing in any field of industry and manufacture which may concern him, and clic field itself must also shotv signs of progress and change to make the appeal a forceful one. A capitalist industrialist may not have in every case directly to be an employer of labour himself He can get manufactured articles ordered by him from artisans working on their own, on payment of fair prices but the latter will have no sliare of the lawful profic on their sale, which will go entirely to the capitalist 49 When a body of workmen agrees to do a tlung, the cost of management may be less though an extra charge may be supposedly conceded to the appointed group of employees for internal supervision and coordination. Terms may be presumed to vary where workmen carry their own tools or machinery. These may not in every cise be furnislıcd by the employer * CHAPTER V Planning of Roads and Transport There seems to be no lack of appreciation in Kautilya of the fact chiat economic stability and development in a country are organically related to, and dependent upon, its system of roads and transport The Scace, interested in both takes every possible measure allowed by sts resources for facilitating craffic on land and water, so that apart froin social inrercourse administrative convenience, whose needs arc seryed by the course thus adopted, it may be possible for economic transactions throughout the land to go on without any avoidable obstruction The central feature of its road-planning is that the capital serves as the starting point for clie construction of a series of streets leading to the headquarters of its territorial subdivisions, to countryparts pastures, forests, and gardens, ecc The capital in fact is the Pivot of an extensive orgW11tion of different types of roads, with their ramificar tions spreid over the whole territory The political and administrative purposes fulfilled by this system, are obvious, it enables the political authority of the State to be exercised even over its remote parts, and intercourse between the capital and the country sidc effectively inuntained. The system is in agreement with, and 1 reflection of, the spirit of the Kauelyan polity which stands for the complete assertion of and obedience to a centralised authority From the economic point of view the nerve centre of the body politic thus becomes related to every part of the cerricory as the suprenic organiser and exploiter of its material resources in sliort clic systein of road-making, followed by the Kautilyan State, is intrinsically suited to its avowed political and economic objectives, and thic methods of their attainment Another feature of the plan is that different ronds are required to be built for different specified purposes Tlie dimcasions of tlicre roads must vary according to their respective needs lc is evident that the State is alive to the evils of congestion of craffic which its rond system ums to counterace in building cach road 10 74 ECONOMICS IN KAUTILYA Its use. in actise for a specific purpose, social and cconomic activities are subjected to the application of a rigid rule of classification; there is to be no confusion in the use of a road, no overcrowdmg of any sort wluchi may, for example, engender a spirit of organised restscance to authority. The fixing of dimensions is to depend upon the nature of In elus type of planning also may be noted the characteristic inclination towards arithmetical precision, shown in Kautilya, in attempting to work out details of economic value and interest. A road to be constructed conforms probably to the size of its requirements, according to the standard current at thic time, the generally fixed nature and lience the expected volume of the traffic which it is intended to deal with. It miy be supposed that roads spreading out from thic capital nte in all possible cases planned in such a fashion as to be linked up with the diversified litics of communication the provincial areas similarly originating on a more or less uniform pattern from their respective centres, economically and militarily well-protected. Roads enumerated may be classified as royal roads, roads running up to the dronamukba and the sthāniya, che country-parts and pastures, military-stations (vyūba), burial or cremation grounds, villages and forests, and also roads for chariots, for catele and for minor quadrupeds, The largest of these toads are the royal higliways, those leading to mulcary stations, burial or cremation grounds, villages and pasture grounds, cach of which is to be 8 dandas 1 c., 48 feet in width. The volume of traffic is expected to be heavy in some of tliese streces. Among those leading to villages and client cnvirons being some of tlic largest roads constructed in a city, they bear cestimony ro che extent and facility of communication required under the economy. The roads ocluded in tlic first category seem to be those specially suited to administrative purposcs. Some of these roads connect the capital with the headquarters of stbaniya and dronamukha, the former being a collection of 800 and the latter of 400 villages. The chariot road and slie royal Inglıway belonging to the same class must be chiefly meant for the use of the king, hiss entourage, the members of his family between them, as TRANSPORT AND COMMUNICATIONS 75 to and the bigli Government officials, who need separate thoroughfares for reasons of convenience and security. In the interior of the city there are to be six streets--three ruining froin cast west and three others from south to north intersecting them at regular polnts. Chariots, which are to be built under clic supervision of a Superintendent, are of different standard sizes, the largest being those wluch are ten parushas in height (1.C., 120 angulas) and twelve purushas in width. The minimum stze is of those which are three parushas un lieight and six purushas in width (72 angulds) 1.c., 1/2 ft. It "ppears that che width of the largest chariot is about 3 fect, The road which is specially meant for travelling by chariots may thus be large crough to accommodate about half 1 dozen chariots moving side by side at a time Ronds to gardens, groves and forests are cach 24 feet in width--these are to be used specially for transport purposcs, for bringing to the capital by suitable conveyances che various agricultural and other products grown in those arcas, particularly forests whose materials are utilised for many of the industries of the country. The products of elephant forests are carried through roads of a width of 12 feer. Most of the rowds running froin the capiral mentioned above, wliose width ranges from 12 to 48 feet cach, are meant for transport of commodities, and hence che traffic on those roads mainly consists in carriages. It appears that there are to be separate toa for pedestrians and conveyances carrying travellers, as well as for ochver mainly non commercial uses. Such roads anclude those for chariots wlucl are to be only 7 1/2 feet in width and those for mco, as narrow as only 3 tect in width. Those wlucl are meant to be ordinary passages mit so martow that they can't used only by a brandul pedestrians and are not capable of accommodating any carriage of appreciable size. There are also separate roads for the use of cattle, measuring about 6 feet to breadth.' The city's road-systent with its purposive component parts is characteristically simple. Those which are meant for commercial uses are among the most spacious thoroughfares clicougla wluch active communication is malutained between the metropolis and the centres of produccion, situated so different parts of the territory, specially those which are under State control. Their size, 76 ECONOMICS IN LAUTILYA also roads may 1t secins, is fixed according to estimated ficells [xperience can anake it possible for some sort of calculation to be arrived ac in regard to che space required for accommodation of current traffic. But a conventionalised size can not suit changed conditions, specially whien traffic grows to a material extent. This is liowever not 1 matcer for discussion in the Arthasastra Roads are to be built obviously at the cost of the State. Trade routes (uanskpatba) arc to be protected from harassment by vallabhas, kārmikas, etc, and from thieft and robbery, and damage done by animals so that business may not be affected or interfered with in any manner Construction of roads in the capital, or by implication, 1 other fortified cities 15 contemplated in Kautilya is not vested in an autonomous body but is in the lands of stitc officials 8 In rural areas be built at the expense of clic State when local people agree to undertake to construct reservoirs of water 1t their own costº Roads of commercial craffic (vanskpatha) arc a source of revenue to the Stare for they yield a road cess (varttani) which is regarded as a part of 'the body of come' (@yasanram) ' It is because their special ubility is felt even as strategic passages for surprise army movements atracking an cnemy that exceptional care is devoced to the planning and building of chiese roads The maincenance of the roads on wlucli the economic life of the people is so mucli dependent and wluch are a source of income to the State, has to be carefully attended to Fincs of varying proportions are imposed in all cases of obstruction to roads "1 Thus a fine of 12 panas is imposed cves when a cattle path of 1 fect in width or a pedestrians' way 6 feet) is obstructed In this connection the Archaśastra nientions roads for superior beasts roads for elephants those leading to fields of forests burial grounds or villages, to dronamukha, fortresses, sthaniya, and country parts and pasturegrounds Causing obstruction to any one of these roads is an offence punishable with fines varying from 24 panas to 1,000 panas largest amount of fine is imposed in tlic case of obstruction to roads leading to a stbansya countryparts or pasture grounds of the punishment shows beyond doubt how the State is particularly The The severity TRANSPORT AND COMMUNICATIONS 77 inaintenance uses, to concerned with the protection of the routes of communication with rural arcas and their administrative headquarters. It is probable that the cost of building some of the roads is high wlien relatively difficult tracts are to be cleared for the purpose. As some of these are supply-routes, their scate of repair is of essential importance for cconotuc rcasons. Obstruction to traffic on these roads may be caused by sabotage wliose object is to disrupt or paralyse economic activities in the related area and thus force a country to political submission,'2 Details as to tlie specific materials to be used for the construction of the different classes of coads meistoned are practically lackog, but these in any case must be such as are suitable for their respective Some of these fonds may have be specially well-built, those, for instance, which arc reserved for lieavy velucular traffic. Some of the passages, specially those 10 villages, leading to fields, may ordinarily be of mud, and to these thic Arthaśāstra scems to refer wlien it specifics the fines for 'ploughing several roads coo deep' and also for ploughing merely on the surface":13 Building materials for road construction, incidentally refered to, include trunks of palmtrees, also jack-fruit trees, broad-sized beavy slabs of stone and wood, the last-named being considered unsuitable in some cases because of its combustible character. 14 As regards transport on land, the churot appears to be a famitar convey nice. A Superintendent is entrusted with the task of constructing chariots of different models and different standard sizes 14 Thic best of them, as already mentioned, is to micasure parusbas in lieight (.e, 120 angulas) and 12 purusbas un width. There are seven other smaller models with width demoistung by onc purusba up to the limit of six purusbas. Tliese cliariots seem to be meant for occasional use by the king and luus family on specul trips. Besides thiese, the State at its own cost lias to build chariots of gods (devarasba), probably those to be used in carrying divine images or symbols in religious processions; or chariots for use on festive occasions (pusbyaratba). chariots for military use, and lastly, those for purpose of travel The last-namned 10 78 ECONOMICS IN MAUTILYA 16 ones specially include no doubt those used by the king and lugha offi. cials, but as the State is also 1 minufacturer of commodities open for sale to the public, it may be supposed that chariots for private use. constructed by the State, are among such saleablc articles. Tliae chariots are used by the public and not merely by the king, luis family, and presumably, by lugli officials and for ceremonial and milin tary purposes, is shown by the mention of separate roads for their use Waterways are no less imporcilie than land coutes ca tlie cconomy of the Arthaśāstra which takes into account the necessities of a Stite, comprising not only rivers and lakes, natural or artificial, bue also used to overseas accivity. Thic State regards its tersstossal rivers and Jakes and the connected waterways as its own property, Villages on sci-sllores or on banks of rivers fiave to pay a special tax Simulacly, fisiermen asc scquired to give del of their catele as licence-charge for using the waterway and the State's boats for their craft (nawkāpātakam)" Tlie rate of this charge seminds one of the standard rates at wlucli che king's sliare of the produce of agricultural land is sometimes fixed Mercints have to pay a customary coll to be levied 111 port towns. Thc (1x imposed on villages on sea-shores or on banks of rivers is 1 collective and clic amount of wlucht is probably to be determined in the first place according to the extent of the area benefitted by the facilities locally available citlier for mak. ing things of domestic use (such as sale?) or for any business or trade sa wlucli constant water supply 15 seckoned as a special advantage Such a village may be supposed to be liabic to pay for any benefit as may accrue to it on account of its proximity to river or sea wluch is not enjoyed by regions not so situated, where men arc, clierefore, required to spend more for the distance to be covered. The burden of the tax may be presumed to be cvenly distributable among the resident families ac a umform cate, the cotal levy to be collected being fixed in proportion to the economic valuation of the advantage gained slırough the favourable geographical position whose uulity is consolidated by clic traffic-systein controlled ac its expense by the State The Scare las to exercise its right over, and lay down rules for clie regulation of, water traffic Indeed in the matter of waterways 10 ques TRANSPORT AND COMMUNICATIONS 79 cases as IS to or tion can arise as to any private ciglie of ownership. The question whiccher the rules prescribed by the State for the use of its waterways receive their sanction from its supreme political authority or from the contribution it makes towards their protection and maintenance, not to speak of the artificial lakes constructed for the use of the public at Government cost, cannot be definitely answered, but in thus sphere else Sruce's right is shown as undisputed in another manner. The Stare fixes by a rule the hours during which its waterways arc permitted to be used and also the places for crossing or Jording a fiver. This rule can be relaxed only in certain exceptional cnumerated If tlic rule 15 violated, a finc imposed Water-traffic is strictly regulated in various ways. A previous permission is required to secure exemption from penalty. One of the reasons for which such regulations are passed may be the State's anxiety prevent smuggling, tax-cvasion non-payment of ducs. Those wlio are allowed to cross ac any place or cime include fishermen, carriers of fire-wood, grass, fruits etc., vegetable dealers aud herdsmen, persons engaged in urgent administrative affairs, those who use their own boats as well as chose who have to carry secessaries of life and other essential commodities to water-logged arcis 28 Thus 10 short exemption 15 granted to those carrying on fishing. taking agriculcural commodities to villages, or to men engaged by the Scate in doing certain specified duties, and also those who use thicie own conveyances. Thic ferry-scrvicc, owned by the State, has its own boats open to the public on payment of proper fees. A partial socialisation of cransport services is clius cvident Passengers can use the king's slup for travelling pueposcs on payment of the requisite amount of sailing fees (yātravelanom).81 The Stare's boats can also be huced for procuring conch-shells and pearls on terms (naukāpārskom) noc exactly specified. Boats, to be launched in exceptionally large rivers, must be of requisite size and shape. A large boat is one provided with controller of captain (sasaka). (nıyamaka). and menials whose duty is "to hold the sicklc and the ropes and to pour olit water, Smaller boats arc to be wluch are fordable throughout the year secrsman 3 liscil to cross rivers 80 ECONOMICS IN ÞAU TILYA 013 service range, for elec It a private except during the sainy season It is noteworthy that nothing is said in this connection about the character of sea-going vessels What is cyident, lio vever, is that the State manufactures boats, both large and small, not only for its own use but also for tlic use of others who leave to ply for the service according to fixed or current rates althouglı it is not marked out as exliaustively socialised, for men with their own ferries including those who use their own boats for the purpose of fislıing out conclı stiells and pearls are inentioned le is difficult to say definitely wliciler a concurrent private ferry service, commercial lines, is entirely beyond the contemplation of Kaucilyr. Bur a private transport is not probably outside los right to own a boat is hoc denied in some cases, is already noted. and the reference to passengers travelling by clic king's boats implies cliat there may be others availing themselves of similar transport services managed by private individuals or companies service is allowed, its obligations to clic State are left unnoticed. Boats required for the crossing of large rivers are to be proportionate 113 size, fasuly built and equipped with a relatively larger personnel, sustable devices and instruments Evidently therc cannot be any number of large sized bosts to be bault at great cost. Thieie number is to be determined according to uvailable resources, but the size must be increased so as to be sufficient for the purpose of accommodating clic expected volume of traffic. In the caSC of other civers which can be forded or crossed without much difficulty small boats would be suitable Any number of such boats can possibly be manufactured for convenience of traffic. A table of freight:3 is drawn up, and it sceins reasonable 10 bold chat thus lias to be adhered to not only by the State owned transport services but also those which are allowed to be owned and conducted by private individuals or companies, provided they exist It has been already seen cliat she setelement of prices of cominodities 15 a matter of concern for the State to the determination of price, thic cost of transport is a accessary stem for consideration Unformity of transport rates lias therefore, to be maintained if the policy of regulated prices is to work throughout the territory. But diversity of transport PLANNING OF ROADS AND TRANSPORT 81 charges may make it practically impossible to draw up an effective schedule of prices of commodities, resulting in the emergence of unequal rates for accicles manufactured and sold by the State as well as those produced under private enterprise. The freight rates are of different categories carried by boats, classified below 1.--(1) men (2) animals (1) minor quadrupeds (b) cows and horses, (c) camels and buffaloes,—(3) carts (a) small carts, (b) carts of medium size drawn by bulls, (c) big carts Loads are distributed under the following licads II. (1) loads carcied personally by a passenger (2) bcad loads or loads carried on shoulders, (3) head loads of merchandise. So for as freight rates are concerned I (1) and (2) (a) form onc group, similarly, I. 2 (b). Il 2 are grouped into one class Every passenger is allowed to carry some charge free luggage. The rate for 1 (1) and 2 (a) is one māsha, that for I 2 (b) and Il. 2 two mäsbas The rate for a camel or a buffalo is 4 mashas. Tlic three classes of carts, small, medium sized and large, are respectively charged at 5. 6, und 7 māsbas A distinction is drawn between a commercial article and what appetrs to be an article of purely domestic use. A licad load or a load carried on the shoulder probably in the nature of luggage is required to pay 2 māshas, while a licad load of merchandise is charged at 14th māsha. This leads to an encouragement of trade and also lielps to keep down prices Ferry-charges are doubled wlien large rivers are to be crossed, apparently becouse of the greater cost of the transport service engaged Tliose wlio are privileged to travel free include Bralimins, ascetics, mfants, the aged, clic discased and pregnant women Jr must be presumed chiac tlıc inability to pay being the main cause of such cxemption, there is an implied liability that the privilege is not mitsused The favour slown is another proof of clic State's sense of social duty. If the charges on animals and carts are those on loads carried by them rather than the carriers themselves, it will appear that denom. nations of corresponding werghts not being mentioned, there is an approximate understanding as to the ancrage weiglit of the load carried 82 ECONOMICS IN KAUTI YA in cach case, on wluch a fixed rate las been imposed. Under tlıs system loads are not to be weighed in very individual case to guarantee precision. It will appear from a study of the above schedule that no constderation is given to mileage or distance in determining rates of freights Tlie rates are fixed irrespective of the distance to be covered. From this the inference may be drawn that throughout the length and breadth of the territory prices of commodities are sought to be made uniform insofar as equality of rares can be helpful in reachung this objective. Mean rites must be worked out on the basis of a sort of average calculation of the total traffic passing along a whole waterway from one extreme to another, so that the flat rates, fixed by the State, may not affect the services adversely. It should also be noted here that although the weight is an important factor for consideration, the weight of every article is not to be taken separately. A load carried on the head of a strang man may be more than a load carried on tlie licad of a weaker man. Such differences are not taken into account in fixing the scales of freights. It seems probable that a head load of merchandise may mcan not merely a load carried on the head. but that it is a load of fixed weight For a disparity in weighit may cause gain or loss as the case may be, not strictly compatible with the policy of fixing prices of commodities with intended precision. The rates mentioned above are doubled in the case of large rivers, 16, probably close which are to be crossed or forded by large boats, Villages situated within the neighbourhood of marsliy places, apparently in view of the special difficulties of transport involved, have to provide, collective scale, additional fares with foodstuff. In view of the difficule elatuce at the work ia cuacsły arcas chies may probably bc clvarged when private boats are used. So far as ferry men in the service of the Government are concerned, chose who work in the frontiers are charged with the task of collecting the coll, which a merchant is required to pay in a port town, together with a transport cessic, the charge for crossing a river and also a road cess So far, we laye referred to cliariots and boats as conveyances used on land and water respectively. There are different sizes of these conveyances serving difierent 011 2 purposes and PLANNING OF ROADS AND TRANSPORT 83 suiting different occasions. Thie commonest type of conveyance on road, however, is 1 carriage drawn by some animal or animals. There arc clicec vatictics of such conveyances, the lagbuyāna (probably some krod of fast-moving carriage of light weight) clie golingam, 1.c., a cart of medium size drawn by bulls, and thic sakata wluch is a comparatively big cart. It is mentioned that carts are to liave proper support, and also a covering. There are chances of collision (samgbattana) against which precautions liave to be taken. An animal is yoked to a care with the help of a nosc-string. There is sitting accoinmodation inside a cart The number of animals yoked to cares depends on their size. There is nothing to show that the standard of technical skill required in the building of carriages is lugher than possible with scientific developments of modern times uninticipated and unknown. A carriage drawn by anuals and conducted by a driver is not 20 cxceptionaly developed type of conveyance from clic standpoints of speed and comfort. Transport is necessarily slow. Animals, such as camels, liorses, clephants are among those used for purposes of conveyance. The carrying capacity of a conveyance is thus naturally limited in comparison with modern conveyances, this inherent defect of the transport system may be made up for by increasing cle number of carriages in order to cope with the volume of traffic growing with the expansion of trade, internal and external and the opening up of new lines of communication, CHAPTER VI a Rules and Standards of Measurement One striking characteristic of the system of weiglıts and measures disclosed in the Arthaśāstra is the meticulous care taken in developing it on a progressive scale basing it on 1 unit which is too small to be humanly perceptible but lias to be admitted for the sake of theoretical perfection. This unit grows by minute stages into somecling like a tangible slape which is finally to form a practical basis for purposes of liuinan calculation IE clie conception of an origual unit is not brouglist 1to the picture and left beyond human intelligence and approach, the foundation of this multiple working unit will, in thouglıt, remain mystery It will not have the appearance of sensiblc development which can be explained at least in theory, energing as clic culmmation of an imaginary unit rising througli i process of graduated ascent to a completed standard. Tlius 10 measuring length the fixed is taken to correspond to thic minimum of space covering eight atoms (paramānavab) There is no means of knowing llow an atoın can be lielpful 10 calculation except from its description as equivalent to one particle of dust (renu) contemplared as "thrown off by tlic wlieel of a cliariot'. It is not slown liow this element can be related to a worldly purpose. liowever provides au ultimate basis for clie system of measurement evolved, beyond wlucli human calculation can go no farelier. The nexc stage is represented by a combination of eight particles supposed to correspond so nur liksbe Eiglic tikslias together correspond to 'tlic uudelle of a yaka or louse of medium size' and ciglit yūkas to one yava (barley) of middle size, Tlus last one in the enumeration so far, is meant to serve as a positive unit, but the complex wluch leads to it is of no avail for percepuble needs. The use of the middle of a yūka or louse in the scheme of measurement may seem to show, to some how stage in a determinable approach, the question is: how is a possible to assert chap 15 $5 equivalent to 64 renus? unit it, cxtent, the first RULES AND STANDARDS OF MEASUREMENT 85 yava the It becomes necessary first of all to detach one particle of dust from the mass in which st is centuined, and secondly, multiplying it by 64. To arrive at a calculation on thus basis requites the application of such a device as can record the difference even thie fraction of a particle with the renu-unit itself being incalculable. Ic may be possible to say that the system of measurement disclosed must have, in a process of speculation derived a basic factor from a scarchog observation of nature as the references to the middle of 1 louse and clic paramānu slow. The taking of a particle of dust as a unit shows that the Indian mind selected the sinallest material thing of the earth chat it could magme to serve as thic primary foundation of a complicated standard of measureinent After the next lugher measure 1s represented by rlic angula (1. c, 'the middlemost joint of the middle finger' of 1 human being or tlirce-fourths of an English inclı). A verification of the accuracy of measurement is possible if a yava or an angula is taken as a unit and then it either is minutely divided into equal parts, cach measuring a particle of dust wluch is the smallest unit. Fifty-four angulis make one hasta wluch is used in measuring umber. For all practical purposes it is the angula that utlımately evolves as a unit of measure. But the same standard is not used for measuring different things Thus wlule 54 ingulas making up one basta is used in measuring timber a measure of 42 angulis cquivalent to one kssbku is applied 10 cases of palaces and military construccions. Simularly, i vyāma representing 84 angulas is employed 111 measuring ropes and the depth of digging in terms of height 108 angulas making up one gārbapatya dhanu, used by gribapatos, cepresents a measure applied in the construction of roads Thic largest number of angulas in this system of incasure ts 192 which danda used in land-grants to Brahmins Thus standards of measure of different namnes are to be adopted for different purposes although the practical unit 15 the same in VIZ., the angula. It seems that originally different nieasures served as units for specified uses, as mentioned, and chat later it was attempted to reduce all of then to a angula-cart. The last again is subdivided into minute parts, the constitutes one all cases common 86 ECONOMICS IN MAUTILYA smallest of which is a particle of dust, as already cxplained. The measure used in building 1 sacrificial alcar is called panrusha wluich is cquivalent to 108 angulis. Thus thic minimum measure for military construccions and palaces is kisbéh used by sawyers and blacksmiths, thiar for timber-forests a basta, for ropes and depth of digging vyāma, for roads and fort-walls gärbapatya dbans. for sacrificial altars pautasha, and for gifts so Brahimins (lands) dandi. Tliese different denominations of incasures liave a certain significance inasmuch as the use of cach las a special rescrvation. Tlic measurments evidently are to be caken by different methods, as are denoted in some cases at least by the terms used to represent such incasures In some cases names of things or their parts, as seen above, are used in denoting measures such as dbanurgraba, dhanurmushis, sala, koshku vyāma (?) danda, and dbani. These measures were technically completed wlien a common unit was found with an accuracy chic luad at least a clicoretical value. In clic ascending order starting from thic basic angula unit there are a number of interniediate measures applied to specified objects or purposes respectively for the determination of approximate values. Thus 4, 8, 12, angulas represent mor measures, viz, i dhanurgraba, i dhanurmushti, i uslaslı or I cbhayapaurusba, 14 angulas being eqmvalent to i sama, sala, pariraya or pada, 24 angulas or 2 vitastis are cqual to r drains of prāzapasya basta, 2 Vitastis or 24 angulas plus : dhanurgralia or 4 angulas, 1 Co, altogether 28 angulas make onc hasla in cercarn other cases, such as that of measurement of pastures Two virastis 1 e., 24 ingulas plus i dhanurmushiti e, altogether 32 angulas, inike one koshku or karsa 4 aralanss 1. c. 96 angulas constitute one dhanu, dands, mālıkā or paurusba The paurusha, however, used for sacrificial alcars, is not the $3111c as the last-named pauruslia, for the former is equivalent to 108 angulas, wlule the latter to 96 angulas Names of square measures are also given in respect of wluch the dyja is clic unit, but this can be traced to the angula-unit, for it 18 said that 10 dandas are equal to one tajje. A Janda m this case consists of 4 fascas tyliose equivalence in terms of the angula unit is a of 8 angulas, inittet RULES AND STANDARDS OF MEASUREMENT 87 0110 calculation A lasta, if it is of the prajāpatys type, is equivalent to 2 vitastis, 1. c. 28 angulas, if of the type used in measuring tunber-forests, 54 angulas, for the type used in measuring pasture lands 32 angulas Ten dandas then can mean eichier 280, 540 or 320 angulas in different cases. In the case of land given to Brālmıs 10 dandas would mean 1929 angulas Then, again, 15 4 aratnis Ie, 96 ingulas also inake one danda, 10 such dandas would mean 960 angulas When rajju is mentioned as the name of a measure specifically, it is shown as equivalent to 10 dandas, cach being of 192 angulas A square measure called pārdeśa is formed by 2 rajus, and i nivariana is made of 3 rajus Three rajus plus 2 dondas on one side only represent one baba (arın) One chousand dhanus (96X1000= =96000 angulas) represents Igoruta and four gorulas yojana If a dhanu 15 of the gärbapatya type, 1000 of them will be equivalent to 10,8000 angulas 1 e, 2250 yards The denomination of a measure may be the name of the instrument with which the particular measure is taken. Thus which is equivalent to 10 dandas means a rope, which is 10 dandas 10 length Simular may be the case with danda. It has been more tioned that except for the angula unit, which is common, there are different denominatious of measures used in measuring different objects Hence whenever a particular object is to be measured, che measure prescribed for it will have to be used Typical objects for 11101surement only have been enumeraced, in regard to tlungs wluch have not been mentioned, it is probably custom or usage that has to decide what measures are to be applied in those cases Besides the angula or the hasta unit is there, which can be conveniently used for measurement of unspecified objects. The ment of the system lies in the fact that it is very suitable for classification, the very denomination of the nicasure used in any particular case will give a definite dea as to the object measured and its economic associations Separate names are given for 4, 8, 12 14 24. 28, 32, 54, 42 84 96, 108, 192 angulas, so far as Imeal or square measures are concerned So far as angula is concerned, it is the basis of all these different units of measurcs The common spicc or 1 88 FCONOVICS IN KAUTII YA minimum practical unit being an ungula, which is less than one incli, the systein of measures appears to lave aimed at a sort of minute accuracy Even one yava or barley is not considered too small or insignificant to be used for calculation, thouyli 10 is represented as equivalent to one ciglith of an angula which is much less than an inchi A system under which such a small length can be registered may claim a certains degree of thorouglucss in clic manner in wluch it las been worked out Belund thus elfort at ideal accuracy there is 1 fundamental understanding the cvery macerial object is a thing of value, not the slightest part of it should escape atrention in the assessment of its value insofar as it is dependent on the exact mesurment of the item concerne! Most of these characteristics are present also in the syetci of weights disclosed in the Artlasastra Here elie sallest unit 15 sced viz, either a masha at a guñja berry So far as metallic objects to be weighed arc concerned those of gold and silver are indicated by clic terms used to denote theni For the measurement of gold che unit 15 i suvarna masha which is equivalent to to seeds of masba or 5 guñas 16 Suvarna masbas make one Suvarna, 1c onc suvarna is cquivalent in weight to 8o guñis or 260 seeds of māslia In currency Suvarna denotes a kind of coin made of If Sivarnt therefore, is to be taken in the limited sense of gold it will follow that the Suvarna measure is meant for all objects made of gold including of course, coins But in the table the Suvarna init and the Karsba-unit have been grouped cogeclier both being given as equivalent to 80 guñas, 160 māslia seeds or 16 suvarna inaslaas which may means cither that the two terms are synonymous in regard to clicir metallic implication or that the Karsla unit is only similar to the other in its equivalence to Suvarna maslas in weight with its metallic application not specifica There is however nothing to show that the use of the karsha 15 limited to gold Ic may be that originally these were names of two kinds of measure used in respect of separate categories of objects licre they have been grouped together because their respective values simply as acasures closely approximated to cach other In that case while the Suvarns is goll namc RULES AND STANDARDS OF MLASUREMENT 89 sohie at least given liere one primarily linked up with gold, the karsha is connected with objects other than gold and metals, excepting those which have been specified separately in the scheme of weights. One exception noted in this conneccion es silvee. 88 wlice muscard seeds make up onc sūpyamásba silver-māslia, and 16 such māslias onc dbarana The distinction between 80 gunja seeds and 88 white mustard seeds (gaura-sarsbapa) may not be much but there must have been difference in any case a different unit of weight is given for silver. It is not improbable that a special unit of measurc for silver, which was originally of local usage, has been a distinct place in a common table of weights, which shows its difference from the rest. However, masha of gold is not exactly cquivalent in weight co one māsha of silver. The ratio between gold and silver cannot be regarded as totally unconnected with this difference. If masba denotes in the case of silver one weiglit and in the case of gold another weight, however slight chic difference may be between the two, is it to be held that the ratio is fixed in terms of the same denomination! The difference to weight, whatever it may be, must be caken into account in fixing the ratio althouglı it may appear siperficially that there is not much of a difference since the denomination is the same. The actual difference must be within every body's knowledge though no common unit is nientioned. The basic units in the civo cascs (1 C., sarshapa and māsba) look different and it seems that at one time they have existed in. dependently of each other, the nanie mäsha in the case of silver being luccr added for the sake of uniformity. A dharania which comprises 16 silver mīshas is similarly different from suvarna or karsha which is equivalent to 16 māslas since a silver masha and a suvasnamästua arc not at least one and the same in the sense of weighor for purposes of weight there are subdivisions and multiples of shuarna, as we have seen in the case of anguls serving as a unit of measurc, the subdivisions being asdha māsha, one māsha, two-māshas (ith of suvarna) four-nıāslias (7th of a suvarna), and eight māshas (half 1 suvarna) with its multiples such as swo, four, ten, twenty, thirty, forty and one-hundred suvarnas to be werglied by devices or objects of required standards. Thic minimum weight is ardha māsla 1. C., 12 90 ECONOMICS IN MAUTILYA suvarna ing To weigh smaller articles they have to use guñis seeds ar their equivalents The term karsha has been used synonymously with suvarna, and not as a denomination of weight for silver. Four karslias make up one Pala. It is to be noted that while mentionthe subdivisions and multiples of suvarna the Archaśāstra does not similarly mention subdivisions of karsha, and wlule ntentioning the equivalence of a pala, it refers only to karsha and not to suvarna. This makes it probable that originally the Karslia standard was a separate one but as it agreed svith the gold standard of weighic it came to be used together with Suvarna as 1 synonym, but Karsla must have included metals in addition to or other than gold, with specific subdivisions and multiples of which latter only Pala has been mentioned by Kautilya, suvarna being synonymous with Karsha, four suvarnas together should mean onc pala which is equivalent to four karshas but the four-suvarna weight, though a known multiple of suvarna is not shown as similarly related to Pala Tlie word pala as a denomination of weight may, therefore, be taken as connected with metallic objects other than those of gold and silver. The cable includes a separate standard of weight for diamonds, one dbarana of diamond is shown as equivalent to 20 grains of rice. It is obvious that a common unit is not given for the purpose of weighing gold, silver and draniond, In the absence of such a unit it is difficult to make a relative estimate of weiglits of things of gold diamond and silves according to an identical standard As there are subdivisions and multiples of the suvarna weight, there are similar subdivisions and multiples of tlie dharana weight. We liave seen above that one pala=4 karshas=64 suvarna māshas. This is different from the pala which is shown as equivalent to so dliasanas ta sespect of the royal measure. Which dharana is meant herce The commentator explains this pala as greater by onc karsha than the usual pala, which may be supposed to be the same as the one which is equivalent to 4 karshias If so, this dharana pala is equivalent to 5 karshas. Five karshas being equivalent to 10 dharanas, one karsha must be cquivalent to 2 dlsaranas 1.0, 32 silver mäshas while the dharans is equivalent to 16 such māshas. Thus one karsha in the 1 RULES AND STANDARDS OF MEASUREMENT 91 present case, is equivalent to 2 silver māshas. This calculation gives us a definite basis for judging relative weights. 100 palas make one Āyamāni," which constitutes a weight for state incomc. In this connection mencion is made of another denomination of weight viz., Tula, bucies relation with pala is not shown in the text, according to wluch 20 fulas make one bhāra. The commentator explaias tula by cquating 100 palas with 16. If this is correct, onc bbāra will be equivalent to 2000 palas. One hundred times of a Pala being equrvalent to 10 dbaranas, 1000 dbarena palas constitute the ayamāns. This is the Stare measure distinguished from those which are meant for public use, for the use of servants and for the use of the female establishment of the king respectively, the last three being mentioned in their relation to the first. Thus there are different balances for the use of the king and the public, besides his scrvants and the harem The pala, wluch is used in connection with the royal measure, is equivalent to ro dbaranas ; its cquivalent to that used for the public is scared to be 9 dharanas. The pala for servants' use is 9 dharanas, and that for the use of the harem is 87% dharanas. Against the stare balance weighing 100 palas (āyamāni), chic general or the public balance (vyavabārska) weighs 95 palas chic servants' balance 90 palas and that for the antahpura (clic seraglio, the inner circle in the palace) 85 palas, The king us both purchaser and seller. also as a ruler he is entitled to various dues from his subjects. In this threefold capacity he must use the Āyamāni or the king's balance which represents a preferential When lie purchases a thing, he gets morc in quantity than all others can get under the system; for instance, when a member of the public will get only 9} dbaranas, he will get so dharanas for the same price; then it he sells he can get, unless otherwise restricted, additional benefit for the half dharana which he holds in excess of the 9) dharana. But if the king is entitled to a share of the raw produce of an agricultural holding, the produce, if measured by the king's balance, will be less than 1f measured by the public balance, for between the two there is a difference of halfdharana per pala The king will get his portion in accordance with his balance in which the pala is biglier by 5 poc than in the other measure.
92 [COVOVICS IN KAUTILYA balance. The pala, as represented by the Ayamāni, being used, he will have the proportionate advantage due to the difference between the king's balance and the public balance. He gets the samc advantage if the public balance is used throughout, kecping in view tlic fundamental principle that the pole for the king is higher than that for the public by half a dbarans. When the king sells anything, he sets chc price for 9! dharanas as well as the extra 1/2 dharans. The king is, therefore, placed in an advantageous position with lus right to special profit amounting to a kind of indirect taxation in cxisting market-conditions even without raising the price of his commodry. He will always get the due value of his 1/2 dbarana per pala, of which the others eising the public balaace will be denied. The public balance, so far as the King is concerned. applies to all except the women of huis liouschold and fuis menial scaff or those of luis employees who are under the rules to be supplied with provisions, and there is no further descrunination against any particular section of the public under the system of metrology wluch otherwise operates in his favour, In the case of foreign trade, wliere tliere 15 direct relation between tlic government of one country and that of another, thic balance to be used niust be presumably subject to a mutual settlement between the parties concerned, any advantage accruing to its deal in the external not be of the same obtatoable out of the graded weight-system internally in vogue, but thic inevitable margin, which it affords, goes to the State's favour when its inports become saleable objects in tlic home-market or are used for distribucion in the royal palace or establislunents. A distinction is drawn between private use and use for profir. While there is a difference of 1/2 dbarans between pala in āyamānj and i pala in public balance, the difference beoween the former and the servants' balance is : dbarans, and 1/2 dbarana between the ājamāni and the haren balance. The discriminatory system stresses the need for economy in private consumption and seduces the chance of private crado in regard to provisions supplied by the State among the king's monials and female members of the royal household, and also waste. It is evident that by modifying the market may nature as 1$ 10$ transactions RULES AND STANDARDS OF MEASUREMENT 93 weight-system the State is enabled to get a greater economic value for The system, however, is not applied screspective of commodities. It would not mean any special advantage to the king of the excess in a scock held by him cannot be profitably disposed of in time or the commodity to be dealt in is too precious to be favoured by inclusion as an item within the scope of the preferential weiglitsystem. Also the system cannot possibly grant any substantial advantage to the king when the stock is of such a nature that it must be quickly disposed of. Hence in regard to certain commodities, viz., Acsh, metals, salt and precious stones, no excess is to be demanded, the rule being "Excepting fesli, metals, salt, and precious stones, an excess of five palas (prayama) of all other commodities (shall be given to the king) whien they are weiglied in chic ewo first named balances." Thus the rule is clear that when the two balances, viz , samaurstrā weighing ...... and the Parimani ....... are used, all the commodities with the above-noted cxceptions, will be subject to an increase of five palas. Thus shows no deviation from the principle that can be worked out on the basis of a difference of 1/2 dbarana between an Ayamānī pala and a vysvabārska. For a pala consists of 10 dharanas, and 1/2 dluarana, therefore, represents 1/20ch of a pala. The Samaursitā and clic Parsmāni are meant to weigh 100 palas. Hence the difference between the public measure and the king's mcasure by these balances will amount to five palas The foregoing discussion shows that there are different units of weiglit for gold, silver and other metals like copper, as well as dianiond, that higher measures start with dharana as the unit, ten dharanas being cquivalent to one pala, that 100 palas represented the king's mcasure of royal income, that 20 tulas or 2000 palas make one bhara, that the royal measure is luglier than the public measure by five palas in cvevy 100 palas, with balances, which are intended to take the most accurate weight of everything. In regard to this table of mcasures of māslia gtains, it is to be noted that the difference between the āyamāns drona and the vyavabarika drona is 1212 palas, not to palas per 200 palas and those between the former and the servant's measure and the harem (antabpura), measure are respectively 25 and 37% palas. Another table in terms of 'grains of māsha' is available 94 ECONOMICS IN KAUTILYA where che unic composed of 200 palas makes up one drona as a royal measure with 1877 palas as a public drona, 175 palas a bbāzanīys of servants' drona and 1621 palas the 'harein drona' (antahpurabhajantya drona) An Ādhaka of the king's drona is 50 palas, of the public drona 1874X1/4, of the servants's drona 175 x 1/4, of the harem's 1621 x 1/4. Prastha is 1/4 of cach of these shares, and kudumba again is 1/4 of these subdivisions. 16 dronas make one vari, 20 dronas 1 kambha, and to kumbhas I vaha. Tlius a king's vaha will be equivalent to 640,000 palas. Tlits is the highest measure mentioned in the Arthasāstra. Detailed instructions are given as to how the necessary cubic incasures arc to be manufactured, It is to be understood that the measure in every case must be taken as perfectly and accutately as possible By an average calculation a proportion is made out in respect of certain articles, by which the measure, as taken, is to be increased to ensure acceptability of the material against any known inflationary factor Thus it is directed that with regard to wine, howers, fruits, bran, charcoal and slaked line, twice the quantity of licaped up portion (c, 1/4th of clie measure) shall be given in excessº. Tlus rule shows that in regard to chic articles specified five kudumbas and not tour kudumbas will make one prastha Meatures such as a drona, ādhaka, prastlia, kudumba and various counter weights are manufactured and sold the people ac fixed prices Tlus 13 panas is the price of a drona, 3/4 pana chat of 100 ādhaka, six māslias that of a praschia, I masha is clic price of a kudumba, 20 panas of a set of counter weighits, and 6 panas that of tula or balance Another source of income to the Statc connected with the system of weights and measures is the compulsory payment to the Superintendent concerned ar the rate of four masbas for stamping weigles and measures Tlie use of corfect weights and measures is a legal necessity, licnce stamping by royal authority testifying to the use of authentic weights and measures is essencial, Consequently, tliere cannot be any business without royal verification and suclienticity, as symbolised by royal stamping, wluch is, therefore, not a trilling source of income. Traders arc to pay one käkeni to the Superintendent towards the charge of stamping weights and to RULES AND STANDARDS OF MEASUREMENI 95 mcasutes 10 more 3s It may not be that the State monopolises the manufacture of weights and measures which are to be purchased at fixed prices, but the cost of a certificate is essentially a charge for the Sate to realise. Thus authenticated weights and measures and balances only can be in use, bearing the stamp of the Government, and in every transaction thus stamp acts as a guarantee that there is no false statement or declaration. The system of rigidly adhering to weights and measures, though enforced with all the authority of the State, is relaxed in certain exceptional cases. But this relaxation is also of the degree and extent as permitted by the State. Thus those who trade clarified butter must give to purchasers part laptavyāji (average compensation for normal decrease in its quantity caused by the liquid condition of the commodity) Tliose who trade in oil are to give part more as mānastava to make up for natural diminution. In these cases there is no question of granting any special concession to the purchaser, whatever is granted, is by way of affording lum a lawful protection against the deprectatory trend in the weight of certain specified classes of commodities The privileged position enjoyed by the State in che system of weights and measures may be for similar reasons of trade in other articles also in comparable circumstances, quantities of things are likely to suffer wear and tear, when kept in stock, and the current standard of calculation has to be so adjusted as to minimise the average loss that may be expected to arise out of suchi a contingency. But it must be noted that the private sector is not admitted to the same relief though the economic necessity may be common for large CHAPTER VII Currency Affairs in measure tion According to the Archiaśāstra, a coin is to be made of a combina tion of a certain proportion of bullion and alloy to be used as a token of money. The nominal value of that symbol must be related to the nature and cost of the bullion and other ingredients used, as well as the making and other incidental charges. The proportions of bullion, alloy and other clements, which go into the composition of a coin, arc settled in detail, and extreme care is demanded in manufacturing it accordance with these specifications. It appears that the idea of manufacturing coins gains ground out of expediency, for their utility as convenient micdiums of excluange. The cquivalence in valuc beween a certarcı of metallic substance and goods which can be obtained 111 exchange for it is known and appreciated. This is an essential condifor thic conversion of bullion into symbols of definite categories of weights, their respective values proportionately different from one another due to in the cost of production etc A coin is elus like any other product of industrial labour, the value of which is similarly determined. Thic State does not practically reveal any currency policy of its own, its concern is to see that tokens of money are manufactured strictly according to prescribed directions regarding werglit, proportions of metal, alloy and otliec ingredients, and that no valuable element is lost in the process of thic manufacture. The workshop of the State is the solc authorised centre for the production and manufacture of different categories of coins under the supervision exercised over a staff of artisans paid by the govern- It is like a factory wliere many labourers are engaged in producing certain types of objects with their manifold subdivisions and Varieties, VIZ coins of different metals, of different weiglits and different sizes It is not allowed to a private individual to mint coins į liey can be manufactured only in the royal mint under the variations ment.
CURRENCY AFFAIRS 97 direction and supervision of Government officials. Coins may be made to order, private individuals may bring bullion here and place orders for its transformation into coins? In this respect the Scate may be said to be acting like a manufacturer who has agreed to carry out definite orders apparently on a contractual basis So far as the security of the manufacturer against any possible risk is concerned, it appears to be covered by the bullion placed in its custody. When the orders have been executed all dues are cleared on tlic delivery of the finished products, te, che coins manufactured ac che Scate mint, wlich enjoys complete monopoly in this industry. The State's anxiety for the use of authentic weights and measures, which is enforced throughout the whole economic field under its jurisdiction, is not a whuic lessened in the matter of che manufacture of currency." The dominating idea is that a coin must be of authentic weight and according to the standard in every other respect so that its parti. cular valuc as a medium of exchange can be guaranteed. As coins arc manufactured in the State mint, there is no room for any doubt or suspicion regarding their weight, composition of standard, just as stamped weights are used in the market, so are these tokens of moncy whose auclienticity is strictly guarded by the authority of the State. Under the system generally indicaced the existence of a universal custom of coins being used as mediums of cxchange cannot be proved conclusively. The scope for barter under existing arrangements, though reduced, still remains, standard of weights and nicasures being current, with means provided for a scientific cesting of all kinds of mecal, bullion may continue to be clianged after proper weight and testing, for cominodities of cqual value at current rates It is not to be understood that all private persons can or have to bring their bullion to clic mint, but coins may be available for transactions in the open market Convenience should dictate use of colors on a wideing scale so that for all practical purposes barter will be gradually replaced, and, if it survives, it can do so gencrally in the field of minor or other transactions where generally the system inay lave specific advantages. Coins are to be of three varieties, viz, gold, silver and copper. Laksmanädbyaksbe', a Supecintendent is in charge of the manufacture 13 mensilver in 98 ECONOMICS IN TAUTILYA of rūpyaripa in the mint, It luas been already seen that there is a separate table of seigles for silver as distinct from suvarna or karsha. Is the table for silser, or the karsba of Suvarna standard followed in the manufacture of silver coins? The former may appear more probable, but It is to be noted that in tioning coins, the particular standard of weight followed fins not been separately shown. The proportions of ingredients, to be used in manufacturing a rūpyaripa 1. C., 1 silver coin, are given but this does not help in finding out what standard of scight is to be followed, Four parts must be those of copper and onc-sixteenth part that of any of the mecals, eksbna, traps, sīsā and anjana must be used. There are subdivisions of this money, such as a half pana, a quarter-pana and 1/8 pana. Supposing that the full coin measures sixteen silver másbas, che alloy will consist of four māslias of copper, 1/16th of one part of another metal, as. mentioned above, and the rest, that is, 1. would be pure pana. In regard to the manufacture of copper coins (tāmra ripa),' clerc is, firstly, she mention of a full coin weiglung one másba together with its subdivisions, balf-măshaka, kākanı and half käkanı, and, secondly, of the quantity of alloy which is permited to be mixed with pure metal. The alloy is to consist of four parts. If a standard māshaha coin is equivalent to 5 gañas, as in the case of a suvarna or karsba, then evidently it has five equal parts. It is not likely that only one part is directed to be of puce copper, the rest being alloy. If .Pādājivam' in the text means one-fourth, a copper māslia coin is to consist of three-fourths of pure meral and only one fourth of alloy & The proportion of alloy in a copper coin syal blus be slightly less tkw skat 22 2 salier cous. In regard a super coins the one-sixteench part, mentioned above, is sometimes explained as meaning one māsha since the total weight of such a coin is taken to be 16 măsli3s But can it not mein one sixteenth of a silver masba (ie. 57/2 'wliite mustard seeds', with four parts to consist of copper 14, 1/4th of the total weight, viz , 4 māsbas? If this explanation is to be adopred, a silver coia if it weighis 16 mashes, would contain 4 mäsbas of copper, it masba of iskshna or some other metal, and 111. māshas of silver. In this connection is to be nored chat the every silver full CURRENCY ATTAIRS 99 one can standard copper coin to be manufactured under the supervision of the Lakshanadbyaksha weighs only one māsha • Copper coins, therefore, are to be used as small changes the sınallest weighing a half-kalanı, 1. e., one-cighth of a măsha only. The value of copper can be realised from the fact that even such a small change is current in the market, but as mulciples of a māshaka in the case of copper coinage are not mentioned, it may mcan that the State does not circulate higher denominations of copper money. That the standard silver coin is not, like copper, onc māsha in weight is clear from the text which shows that in a silver coin the alloy in the shape of tıkshna allowed is to be of one māsha or less. There is however, no dicection against manufacture of multiples of the standard silver money weiglung 16 măshas and those of the standard copper token weighing one māsha. In the table of weighes notice multiples of misha as well as those of suvarna. If necessary this table may be followed in the manufacture of coinage also. It is to be noticed that the name dbarana' is not mentioned in conneccion with silver coinage manufactured in the State mint. It appears that the term is used in the Arthaśāstra as a denomination of weiglic though not as distinctly as cliat of a coin weighing one dhacana wluch is equivalent to sixteen silver māshas In current language there is no difference between a and a dharana for both weigh 16 māslas, the former being called 16 suvarna māshas and tlie latter silver or rūpya māslas. But in fact there is some positive distinction for a masha weighs five guñjas while a silver enāsha weiglis 88 white mustard seeds. In any case the use of the term dbarana 15 limited coinage, a designation of weight 1c is applied to all silver articles or to silver bullion, and there is a series of weights commencing from the dharani as a unit, As regards the manufacture of gold coins, this is duty which tests with the Scate Goldsmith or the official in charge of gold (Sauvarnika). The manufacture of gold coins is to be carried out by thuis officer with the help of artisans who are employed in his office, 20 aksasalā, out of the bullion deposited by citizens and countrypeople with orders to convert it into coinage It is to be noted that thic Suvarna suvarnanot to as 1 11 100 ECONOMICS IN KAUTILYA 2 15 Sanvarnika is appointed to manufacture rūpyasavarnam which is supposed to refer to silver and gold coins. But the manufacture of silver coins is supervised by the Laksbānādbyaksba, under whose personal direction copper coins are also manufactured. Duplication of the same function does not appear to be reasonable proposition. In connection with the duties of the Goldsmith it is stated that lie muss gaclier information conceroing gold and rates of exchange."2 Here there is no reference to silver, wluich may go to show that lus business not directly concerned with the manufacture of articles of silver, except insofar as that metal along with others is connected with the current rates of exchange. Then, again, there is no mention of silver in the passage which refers to the loss of metal in the course of manufacture amounting to one kákanı or 1/4th of a másba in a skvarna.' In referring to colouracion (rāgs-prakshepa) the text says uksbna. kökanı riips-durgune rāgaprāksbepas tasya 'sbadbhāgah ksbayah wuch mcans chat clic colouring ingrediene slialt be one kūkanı of tilcslına, and two of silver, one-sixth of which is lost during the manufacturc',14 la fact clicre is no clear indication that the manufacture of silver coins also is entrusted directly to the State Galelsmich who appears on tfic atliet band to be concerned with articles of gold including gold moncy-tokens. There is another function of the mint. It is perinıtted to take back gold coins if they are not worn out cven after the lapse of a number of years since their issue. This means the State's gurancce eliat gold coins manufactured at its mint can be accepted and payments made thereon if there has not been any positive deterioration either in the quality of its content or its quantity. The statement that a gold coin, if in good condition, it acceptable shows that such tokens, though not in circulation, do not lose thic intrinsic exchange value of their content cycn if old. Tlie currency system of the Archasasca does not appear to be particularly complicated in character. It is not for the State to fix tite amount of coinage to be issued, for the royal mine" 3Iso manufactures coins out of the bullion wlich private parties bring in, and there is no provision restricting its quantity. Bur what thc mint knows for certain is thic total quantity of currency issued, or to be more precise, CURRENCY AFFAIRS 101 manufactured under its supervision The State niakes an income out of the currency manufactured and put into circualtion Thus the Scate is in possession of complete information about the number, and weiglic of all classes of money tokens manufaccured in its own mint and their metallic composition and the amount of currency on which various ducs arc paid by private parties to cnable them to put it in circulation. So far as circulation of coined money is concerned, it is dependent on the declaration by the State of its authenticity as regards weight, value, etc The Stare also acts on the knowledge of current rates of exchange in the determination of which it inay be supposed to take the advice of chose who are experts in commercial affairs It has been already noted that the State mints three principal variccics of coins-gold, silver and copper If such coins are to be in circulation simultaneously in the same region, and are also required for foreign trade, a proper knowledge of the rates of exchange may cnable the State if it wants, to regulate the amount of currency to be issued in cach of tliesc varieties and to control the output of the mint accordingly, With no such policy behind the process the tendency may be to acknowledge, and even to foster the growth of a money aristocracy, to whom currency is a form of wealth wlose usefulness is not strictly limited as a medium of exchange in trade and commerce, but which can also be hoarded to any extent desired much surpassing the requirements of the actual estimated circulation, and released only, as occasion favours when profits can be made, due to a risc in their value Only rich men can bave bullion to be minted as money Private persons, who arc possessors of stocks of coined noney, may use part of it for trade purposes and hoard tlie rest to influence the market in various ways so as to serve their own group interests as far as possible They may crade in money tokens in foreign lands to fetch a higher valuc for clicir metallic content than possible under regulated trade conditions in their own country Their wealth may not contribute to the wealth and prosperity of the society as a whole unless it is devoted, instead of being hoarded to objects of trade and industry, Thic clever would remain idle and by being used in a money manner be a source of profit only to those who possess it and conveniently hold it in reserve to the CHAPTER VIII Wage-Structure and State Employment le is usual under Kautilya's system to make payments of salaries to State employees in casli. Appointments and salaries are to be in accordance with administrative requirements, subject perhaps provision that the cost involved must not exceed one-fourth of the Scare's income (samudayapādena). It may, therefore, be assunicd that the services, as detailed in his worh, represent the needs of a Stace, which it can meet witliout being disproportionately expensive on its administrative side. If the total number of Government servants of all classes and atliec salarıed persons is known, it may appear to be possible by way of inference to estinate also the total income of the State, if not otherwise known, but the proportion regularised in a set principle can hardly be expected to work as a rigid formula under condicions wluch may differ due to variations in revenue collections after appointments have been made and to other similar factors. Repeated periodic retrencliments with an uncertainty of tenure of service as an unavoidable feature will occur if the balance is to be maintained with the severity of an unalterable dictum. The most important thing for the State is to maintain its financial stability, An expensive administration may cause financial troubles too difficult to cope with. The question of the fixation of salaries for Government employees is to be considered from the scandpoints of economy and efficiency. Kauçilya is atvace of the danger of giving low salaries, where lugher oncs are descrved' Adequate salaries must be offered to ensure efficient discharge of duties. The salary must be such as can keep up the physical fitness of the incumbent and is sufficiently attractive as an incentive to the performance of the work entrusted to lum. Tlie picliy saying that dharma and ariba should not be tortured may be interpreted co mean that the policy underlying the determination of salaries should be dictated in deserving cases by the moral prraciple of justice as well as by the economic consideration that being close fisted in this matter may ultimately lead to financial loss rather than any material gain. Unless wages offered are proper and cascs annum 6 WAGE STRUCTURE AND STATE [MPLOYMENT 103 just, Government servants may yield to temptation and clius bring harm to the administration Emphasis is laid more on the higher branches of service than on the subordinate ones presumably because opportunities for bribery and corruption are believed to be usually more numerous and extensive in their than in those of employees of lower grades If the incumbenes of the lugher posts yield to temptation, they may do the greatest harm to the State Salaries offered vary from 48,000 panas to 60 panas per Thc broad field of administration thus cxhibits a classification of the staff into numerous groups based on distinctions wealth, not to speak of ranks If service 15 allowed to become licreditary as a general rule class classification will be perpetuared, with the result that servicemen will in many cases remaia divided into hereditary groups of families, the wealthiest of them getting 48 000 panas per year and the poorest only 60 panas, as slown in the following cnumeration Those who receive a salary of 48 ooo panas cach per annum constitute the highest class Thic group consists of the heir apparent, ie, the Crown Prince the nocher of the king tlie queen che sacrificial priests, the mantrins, the teacher, and the commander of the army It may be noted that the amounts paid to the queen mother, probably due to them by virtue of their position in the royal household are not of the nature of salaries in the usual sense of the term 24 000 Pana Group This group comprises the door keeper, the Superintendent of the women's apartments (Antarvamsska) che prasastre the 'collector general' and the chamberlain 3 12 000 Pana Group, which consists of the prince, Kumara (or princes other than the Crown Prince) mother of Princes, nayaka (probably the Cluef Police Officer)' the judges of the cities (vyavabarika) the Superintendent of manufac tories (karmantska) members of the Council of ministers (mantriparishad), the superintendents of countryparts and tlie frontiers queen and the 2 104 ECONOMICS IN KALTILYA 9 9 4 8,000 Pana Group comprising the chiefs of military formations the chiefs of elephants, of lorses, of chariots, and of infantry, and commissioners (pradeshtārab) 5 4 000 Pana Group consisting of the superintendents respectively of infantcy, cavalry, cliariots, and of elephants, the guards of timber and elephant forests 6 2 000 Pana Group consisting of the chacıoc daver, che physician of the army, the trainer of horses the carpenter and the Yoniposhakas (chose who rear animals :) ** 7 1 000 Pana Group consisting of the fore-teller, the reader of omens, the astrologer, the reader of Parānss the storyteller, thic bard (māgadha), the retinue of the priest, und all superintendents of departments 8 500 Pane Group comprising artists (šilpavantab) trimed soldiers (pādacāh), experts accountancy and drafting 250 Pana-Group represented by musicians (kusilavas) A trumpeter (tāryakara) is to be given double this amount. 120 Pana Group consisting of craftsmen and artisans (karusilpınah) 60 Pana Group comprssing menuals tending quadrupeds and bipeds, attendants guards those who control unfree labour ctc. Persons who serve in the department of cspionage are to be treated as a class apart and have been separately mentioned The higlier posts in tlus department viz , those of the kāpatika (che deccitful person). thic odāssbota, the gribapatike (householder), tāpasa (ascetic) and the usldebaks (sades), carry the maximum salary of 1000 panas each Ordinary spies are paid at the rate of 250 panas cach or on the basis of work actually donc Fiery spies, poisoners and female mendicants are paid at the rate of 500 panas Village servants are pard at the rate of 500 panas, and messengers are pard only when they have done some job Some people serve on specific occasions in special capacities only It does not seem probable that they have to get any fixed salary for the whole year. Among these the person, specially honoured in the fåjisäys and other sacri- 10.
WAGE STRUCTURE AND STATE EMPI OYMENT 105 fices, gets three times the amount paid to others of equal learning, and tlic charioteer of the king (present in the sacrifices), who get 1000 panas. It is likely that these sums are paid to them at a time after they have given their services on these specified occasions. A messenger of middle rank or ordinary ability is to get 10 panas for a distance of one yojana covered by him, but this rate is tacreased when he has to travel becween 10 and 100 yojanas, when the allowance 15 to be doubled. It is difficult to say whether thuis is to be paid to him as vetana or wages in addition to a travelling allowance, but it may be noted that a messenger does nor figure in any one of the salary-groups mentioned above, which seems to show that they do not have to belo parmanent staff. Certain other classes of servants have been mentioned separately, whose salary ranges between 500 and 1000 panas. These comprise the Arayayukta, the elephant-driver, the dwarf (mānavaka), miners of mountains (sarlakhanaka), the (ārobaka), attendants, teachers and other learned men ?? Curiously, learned men and teachers, 1.e., incellectuals, have been indistinguishably lumped together with clephane-drivers and ininers as drawing the to the same renuncration. It is evident chat we do not come across any scales of pay where the salary rises chrough stages up to a fixed limit. Only in the case of the last named miscellaneous group comprising teachers etc., it is shown that the salary to be offered is to be in accordance with merit. But this rule applies to the original settlement of wages and no increase as in a scale of pay. In regard to the first four groups some definite principles are followed in the determination of salaries offered in the different cascs concerned. Thus, so far as the first group is concerned, it is said that the salary offered is such as may be considered suitable on the ground of its sufficiency to check thic desire for gratification and keep its recipients contenced." To the members of the second group, the salary may appear as good enough for clic purpose of inducing their best services. Similarly the rate for the members of the thuird group is thought sufficiently attractive to keep them attached to the king and to secure their support and assistance.25 cliem to give to 106 ECONOMICS IN KAUTILYA With the salary fixed for the members of the fourth group, it is expected that the different military officers who belong to that category will be able to maintain their high status amongst their respective subordinates 11 Thus salaries ranging between 8.000 and 48,000 panas, as provided for the first four groups, ace considered high no doubt, but then the rates are justified for fcasols of personal influence, prestige, and efficiency, as well as the necessity of securing loyal services of relatively rare and specialised types, and of maintainıng incorruptibility in the administration. Members of the first three groups deserve their salaries because they can carn more elsewhere, if they like, on account of their mecit and qualifications, a lesser offer, therfore, will be of no consequence, che salaries which they get will keep them contented and induce them serve honestly and not yield to temptations They are the men who can do the greatest mischief to the State if they become corrupt But the salary paid to military chiefs, those whose rank is inferior to that of the Commander in chicf, is justified on the ground that if a lower salary is offered, these officers will not be able to maintain cheie influence in their respective spheres Tlus It is clear that the State believes in the theory that the payment of a high salary is in some cases desirable for the sake of prestige A lugh salary is needed to buy loyal services Administration recognises and promotes sliacp class distinctions 101 official circles Chiefs of military formations who are of the 8ooo pana cadre etc are just outside the highest administrative aristocracy, the influence, they command 16 viewed apart from the authority which they exercise by virtue of thielc office, is at least partly due to the emoluments granted to them by the State The influence in their case is due to the office which they hold, rather than to their intrinsic importance, as being of a class standing on its own footing of eminence which the Stace has no other atcernative but to recognise in the distribution of emoluments Where 1 higher salary is recognised as an official hall mark of influence and dignity, those who are paid the lonest wages have surely litele of them Viewed in this light, artisans and carpenters occupy a very humble position indeed, because they get only 120 panas a year Thiose who are engaged in industrial work WAGE STRUCTURE AND STATE EMPLOYMENT 107 starvation, are very poor people and devoid of the status which wealth begets There is no intention of the State to improve their position cither. The attention paid by Kautilya to industrial expansion and development for the purpose of increasing the financial resources of the State is not accompanied by the enunciation of a policy to advance the economic posicion of industrial labourers by raising the standard of their wages. Kautilya only cmphasises chat there should be no attempt to deny a labourer what he is appointed to get in return for the work to be done by him, Economic expansion 15 to be brought about by the utmost possible utilisation of labour but with no thought given to the mitigation of its hardships 10 When the State gives these labourers such low wages, private merchants and industrialists may not ordinarily act otherwise. With such small wages it may not be possible for a family to maintain acself unless all its able bodied members work together. If there is sufficient cmployment, industrial and agriculeural classes can just be saved from Further deductions can be attempted from an examına. tion of the salary system of Kautilya, wlule an ordinary artisan or carpenter is paid the low wages of 120 panas per year, the State Carpenter, probably attaining to that position through hereditary skill and personal efficiency in his craft, draws the salary of 2000 panas a year.16 The Kautilyan system thus obviously draws a distinction between ordinary industrial labour and highly skilled labour, prescribe ing rates of wages based on this principle of distinction Manual workers, such as servants employed attending to animals are pard wages lower than those given to etc. Similarly, amongst miners chose who have to do the difficult job of mining in hills, are given lugher wages, eight times morc than chic salary paid to an ordinary artisan. as there are no grados intermediate between 120 and 2000 panas, there seems to be no attempt to furthick subdivide the industrial workers, and compartmentalise these two wage groups in a manner corresponding to differences in the degree and of specialisation. Alchough the principle chat svages are to be based on considerations of skill and existing market conditions has gained recognition, wich indications that payment is made in terms of the actual outturn of work, Kautilys, artisans nature 108 ECONOMICS IN LAUTI YA lowever, in giving details of salaries, mentions only fixed annual salaries. The lughest paid village officers do not get more than 500 panas a year, though members of the third group, amongst whom are included Superintendents of countryparts, get 12000 panas. The State is not soterested merely in securing a good revenue and making a good income. It also spends some part of its income on the maintenance of a department of traditional culture, though noc formally constituted as such, by paying fixed salaries to reciters QE Putānas, ancient legends, bards, inusicians, teachers, learned men. astrologers, interpreters of omens, etc.48 The State also spends money on rituals, the performance of which is interpreted as a royal duty. Priests and others taking part in these rituals receive wages for their work like different administrative functionaries. If the influence of ritualism and traditional culture grows, secular interests, as sponsored by Kautilya in his planning for economic expansion, may lose their basic importance or be overlooked. But what acts as a counterpoise against the weight of tradition is that except for the special position enjoyed by the priesthood, caste differences have not been used as a basis for the apportionment of salarics, although in fact artisans and others who are given low wages may belong to Sudra and similar other inferior communities. Again the growth of an administrative fierarchy exclusively on a hereditary principle does not seem to be on the lines of Kautilya's thinking, in bus system appointments and promotions in many fields of service depend on individual merit, skill and integrity of character.?? But there is no hint of a policy to attempt cvcn on a moderate scale to remove the glaring disparity wages, wluch is a reflex of the cconomic order represented in Kautilya's system. Whic la connection wichi che settlement of salaries the cases of the higher cadres arc suppor- *ted with reasons, the lower ones are just noticed without any explanatory clause attached to the provision applying to them. This is because the services expected from the lower divisions are such as are believed to be available at the rates of remuneration specified for them, without any argument being required to be put forward for raising their standard of living. As it is held that the State's duty is to provide allowances (wages) to its employees which must be sufficient for their WAGE STRUCTURE AND STAIP PVPLOYVCVT 109 t it may maintenance, be inferred that although the allowances mentioned look disappointingly mesgre according to the modern standard, still they can mect the requirements of subsistence of the inconspicuous low.income groups. It may be noted, however, tl13t these are some benefits and prospects to be enjoyed by Government employees, wluch are of special imporcance to those among them, who, because of their low remuneration are unable to make any provision for the futurc. Thus it is said that pensions are to be provided for the families of those who die while in service, as well as aged or service mon, besides some favoue may also be shown to relations of deceased persons, and help extended on occasions of funerals, sici ness, or chuld birth'. Tliese provisions on the one hand show the sympathenic outlook of the Scatc so far as its own servants are concerned, and on the other reseal that the prescribed wages are not sufficient to leave a margin to meet thic cost of normal creries in the social and family líc of an employce. To keep labour clicap seems to be more in accord avith the policy of the Scate elian rarsın; its standard. The allowances pard are in excess of wages, and the people concerned may bsc lcd so beliesc that their work cannot fetcli tliem a hızlıer income. what is given in the sliape of allowances and gifts on special o-casions not being carned but received as a sort of favour, wage-tarner may not feel lionoured when he thinks he receives sometlung ex gratis. He may claim thac elic value of his sok is more than he is paid for it and that if it is given as salary he may not have to be in perp-tual want. It ! a convensional sense ol justice that is b-lind all cliat elic Siste docs for its people " Thus it is 12.d down that ulicn help is needed, che hing may give forest produce, cattle or fields rocther with soine bırany." Tlicte is no doubt that many people can be benefited under this system, wluch may indeed be called msansno No doubt, by clus poliny the State will also be ulurately Ixencficed The rescuelcJ and rehabilitated propte su gradually from a part of the tax payın; r pulsion, and will be alle to liquidore any debts wlucha lay my one to the Sult. A stalar for *17 18 codic 1 m luns conresion 2.0?! ;o **ich of the Lin, *311110 colonne maste land, lr slut! mule resnis in linggo." That 110us 110 ECONOMICS IN KAUTILYA Somc system provision, however, aims at development of waste lands under private enterprise, though. State-aided. The former provision shows a state of want and penury among many people; those liaving no resources of their own are compelled to seck Scate-aid in being resettled. But there is no effort to find out tlic causes of this widespread want among the people and to formulate a policy to reduce want and poverty. Thic Government only seeks to mitigate the sufferings of the people by giving them temporary occasional relief. of payment in kind seems to be hinted at in the chapter which deals with rations. Probably the supply of provisions is by way of addition to the salary drawn, but this may be so arranged as to be in hieu of a certain proportion of wagcs. This inference may be drawn from the pitly statement that 'substituting one ädhaka for the salary of 60 panas', payment in botanya (money?) 'may be commuted for that in kind'.. As the Government's income is both in money and in kind, payments to the staff may be made in both, in accordance with mutual convenience. The gift of a village to a servant is not usual, but when a village is given away, its affairs begin to be regulated in a way different from that in which those of other villages are managed.
CHAPTER IX Rationing in State Departments The State in the Arthaśāstra follows m practice a strict policy of control over food consumption in the different branches of its administration. Articles of foodstuff and fodder are to be supplied for use by men and animals in the service of the State in measured quancities and proportions according to fixed scales. Where large numbers are involved as in the various Seate departments, average scandards of maintenance are to be formulated, which can apply to all members of the consuming classes, for which they are incended, though they may not give satisfaction to individual tastes and appecices. To understand the value of cationing from experience in the field wliere it is ac work is to pave the way for its application on a wider scale, if required. The State's scheme of rationing may as well be adopted by private employers of labour including dealers in various classes of animals. The controlled rates may be taken as representing reasonably permissible limits of human and animal consumption to the extent of the employer's liability to feed their dependants. Racioning. to be in force, is shown as a feature of the normal course of administration, and not as an indication of austerity connected with conditions of a chronic shortage of production. The Scare must be left widlı enough of its farm products to be disposed of clitough trade to earn a good return afccr consumption by its cstablıslıments, the limits of which must be gruutmıy reguilttu! Ttar- actual pilystisalat.cabulto. verzinked is clear from the fact that separate scales ase mentioned for men, women and children, as well as for different classes of animals based on an appreciation of their varying capacity for consumption. Thus it is advised that the ration for a horse must increase proporcion. ately as it grows in age according to cenain rates up to the fourth year, when the maximum scale is be reached. The different elcnicnts of fodder have to be determined with an eye on, or an estimate of, the physical requirements of the particular class of 112 ECONOMICS IN LAUTILYA animals to be fed. In the case of a bullock, for instance it is said that in addition to a fixed share of cooked barley, it is to be given onc tula of oilcakes or ten ādbakas of bran. That economy is one of the motives underlying the control policy may be casily admitted from the instructions delivered to the Superintendent of horses on : the need for its observance to the distribution of the provisions received from the stores 3 Rations for men and animals are to be distributed from the State's storehouse where are collected foodstuffs produced on royal lands and those on private holdings representing the king's share as the agricultural tax to which he is cntitled etc. The King's store is under the charge of a Superintendent who works in the matter of the distribution of rations in cooperation with the Superintendents of horses and clephants respectively. As regards rations for human beings, different quantities are fixed for men, women and cluldren, but wliat is specially significant is that a distinccion is drawn between an Arya and an Avara," 1e, a member of a low caste, in regard to shares of rations The distinction becwccn an Arya and an Avara, though not explicitly stated, may be presumed to be such a living factor in the related socio economic system that the Srate is persuaded to regard ic as the basis of a preferential dietary provision. The existing inequality between the Ārya and the Avara in their respective standards of living seems to be the justification of the Scatc's discrimination in the rationing sclicme. It has no policy of cqualısıng the differing scandards by prescribing the same meals for both The tables of rations adopted by the State may reasonably be supposed to be based on an average calculation of dietary requirements differing on grounds of sex and also of the age and social stratum to wluch the person concerned belongs What is provided may be taken as the irreducible minimum, since, for the State, economising the consumption of its own resources of foodstuff, must be an aim constantly kept in view as tlie surplus is required for trade It gocs without saying that for the distributing centres it is essential to keep registers according to sex, age and caste, and of animals according to species and from clic detailed figures regarding the numerical strength and composition of the army and the commissarjat, as furnished service RATIOVING N STATE DEPARTMENTS 113 by the Classical sources, some idea might be formed on a conjectural basis as to what could have been the total food requirements of the military departments of Chandragupta Maurya of the schedules of rations, contained in the Acthaśāstra, were applied. But even this estimate with its incvitable drawbacks, being limited to the Army only. would be incomplete since no figures are available for the other departments of the State. Supply of provisions in some departments may be regarded as an icem in the cost of production in the public sector in addition to wages to be paid to employees. For the determination of quotas human beings, as already mentioned, are firstly divided into two broad classes, viz., Aryas and Avaras, this difference may be supposed to be based on social and economic grounds Secondly, both are subdivided into three categories cach, viz , grown-up men, women and children. This division is made on the ground that the rate of consumption by a man is to be taken as less than chat by a woman, and also chat children consume less than adults. Rations mentioned in every case are considered suitable or sufficient for one mcıl only. It is to be noted that berween an Arya and an Avara, so far as the quantity of cereals to be distributed is concerned, there seems to be no difference, it being fixed for both at one prastha which is equivalent to 1/16 drona Now the drone for said to be different from the public drona by 123 māshas. Tlus a public measure is subject to a certain depreciation when its use is applied by the State to its employees In so far as the difference is to be followed in the distribution of cations, an employee will receive them in quantities wluch are less by a certain percentage chan 16 measured on the basis of the current public standard. Consequently tlie rations to which the employee's standard is applied will represent a smaller value in the market. Besides one prastba of an Arya entitled to 1/4 prastha of sūpa (curry), as well as clarified butter or oil weighing 1/16 prastha An Avara on the other hand is to have 1/6 prasiba of sūpa, instead of 1/4 as fixed for an Arya, and 1/32 instead of 1/16 prastha of oil There seems to be no provision for butter in the case of an Avara. servants IS tice, IS 15 as the common 114 ECONOMICS IN KAUTILYA According as a woman is an Arya or an Avara hec total rations should be one-fourth of those fxed either for tlie Arya group or the Avara group of males as the case may be and one-cighth for children on the same principle of calculation. Thus rations are fixed on the understanding that a woman consumes one-fourth of what a male adult does and a child its one-eighth. Regarding the quality of the tice to the supplied, the selection is to be made in consideration of habits, service and rank. Out of Sals of different grades varying quantities of rice are produced, the finest of them being the smallest in quantity in comparison with the other varieties. Five dronas or twenty ādbakas being taken measure of Sāls, the yield varies from twelve to five adbakas the difference between each preceding variety and the one following 16 being of one adhaka only. The first or the coarsest variety (1.C., twelve ādbakas), is meant for the consumption of young elephants, the second (eleven adhakas) of rude elephants, the third (ten ādhakas) of elephants employed for riding, the fourth (nine ädhakas) of those used for war purposes, the fifth (ciglie adhakas) of infantry, che sixth (seven adbakas) of military chicks, the seventh (sıx ādbakas) of queens and princes, and the cighth (five ädbakas) for the use of kings • The rations, it will appear, comprise rice, salc, oil, or, in some cases butter as an alternative. References are also made to salt, sugar, curd and pungent substances required for the preparation of meat, fish, vegetarian (sāka) and other dry (susbkānām) disfies. Different proportions of these ingredients are to be mixed up with flesh etc, of different quantities It is not clear if these preparations are included among rations Sūpa (soup, broth), also some kind of fat, oil or butter are separately mentioned in connection with sations whien the sūpa cannot be made without either or both. Is prepared food to be distributed also? If so, what is thie per capita consumption when the preparation consists of twenty palas of flesh dressed with half a kudumba of oil, one pals of salt, one pala of sugar, cwo dharanas of spices and a balf prasıba of curd? If greater quantities of flesh are used, the same ingredients are to be proportionately increased. Thus tvenky pelas of flesh serves as a unit for the calculation of the proportionate quantities of the different RATIONING IN STATE DPPARTMENTS 115 in tations ingredients required to be used with it. These directions are probably given for the guidance of the royal kicchen os of any special kitchen run by the State for any particular establishment such as a military department. It should be noted that the utility of sugar, salt, pungent substances and curd as mentioned here is shown only in respect of the dressing of flesh, fried fish, etc. Whether a poor man's daily diet is to include these items is problematical. But the culinary instructions provided in this context are of some value in showing how it is seriously attempted to put a curb on waste and extravagance in the use of certain essential articles of food value, to which a limit is set in pursuance of the Scate's policy of regulating consumption. We may next proceed to consider rates of allotment for birds, animals etc, of different kinds. The typical animals mentioned arc clephants, horses, camels bullocks, buffaloes, boars, dogs, goats, asses deer; birds include geese, herons, peacocks In some instances differences are to be supported on the ground of age or capacity as noted, for example, in the case of horses or clephants of different sizes. Rations for a bullock comprisc dront of barley cooked with other ingredients as prescribed for horses, besides one tala of ailcakes or ten adbakas of bran, for a buffalo or camel twice the above quantity, for asses and some varieties of deer half a drona, for an antelope one ādbaka, for a goat, a ram and a boar half an adhaka or one ādbaka of grain with bran, for a dog one prastha of cooked rice, for a bansa, a heron and a peacock half a prastha, in the department of Superintendent of horses, for a colt, ten days old, one kudumba of flour mixed with 1/4 kudumba of clarified butter, and one prastha of milk unul tlie age, is six months ? This quota is to be increased by a half in cach successive month, in addition to one prasıba of barley till ic completes the age of three years when the provision will be further increased by one drona of barley which is to continue till che age of four years This is the normal diet for a grown-up serviceable horse. For the best horse two dronas of rice (sals, uribs), barley, panic seeds (priyangu). cooked mudga or māsba, one prastha of oil, 5 palas of salt, 50 palas of Resli, I adbaka of broth (rasa) one a 8 sizc 2 116 ECONOMICS IN LAUTILYA of 2 adbakas of curd 5 palas of sugar, in addition to i prastha of sucā (liquor) or 2 prastbas of milk, quantities of some rations differ according as the horse is of large, niedium or lower A draught horse is to be given the diet prescribed for the best horse In the department of the Superintendent of clephants an clephant (of seven or cight aratnis in fieight) is to be given : drona of rice, 1/2 ādbaka of oil, 3 prasthas of butter, 10 palas of salt, 50 palas of fleshi, i adhaka of broth or ädhakas of curd. In addition to to polas of kshara (molasses), ! adbaka of liquor, or 2 adhakas of milk, for elephants of a Jessee heiglit the dict is to be propostionately reduced Additional rations are to be supplied in certain casas. Thus for elephants of the usual height the following must be provided i prastha of oil for bodily creatmene, a further 1/8 prastha of oil for the same use and for lighting purposes to the stable, 2 bhāras of green feed and 2 bhāras of dry grass in special cases additional rations are provided also for horses, consisting of one prastha of oil (for injection), 1 kudumba of oil for nasal use, 10 palas 20 palas of ordinary grass and hay-stalk or grass sufficient to cover an area of 6 aratnes, which is supposed by some to form a bedding for the horse Special hygienic rations are distributed as suited to particular conditions of hcalth Thus a steed that has just given birth to a cole is to be provided for che first three days wishi i prastha of clarificd butter, afterwards with one prastha of four (saktu) and medicated all for ten nights The chapter dealing wich tlic functions of the Superintendent of cowsto contains sonic particulars regarding cations for animals which are not the same as those noticed above to be found the other relevant chapters applying to bulls, Cows, mulcs, asses, buffalocs and camels whose rations are specified in the chapter dealing with the duties and functions attached to the office of the Superintendent of the Government Store house 11 But the particulars in the chapter on the Superintendent of cows are given in conneaion with the rights and duties of the cowherds, apparently those employed by the Stace, and these go to illustrate the manner of rearing heads of cattle', Rations for a special type of bulls of soft grass, in as RATIONING IN STATE DEPARTMENTS 117 to be taken care of under the supervision of the department of cattle for their having a high speed and carrying capacity include halt a bbära of meadow grass, one tulā (100 palas) of oil cakes, 10 ādbakas of bran, 5 palas of salt, 1 kudumba of oil I prastha of drink, 1 tula of flesh, 1 adbaka of curd, z drona of barley or of cooked māsha, i drona of milk, of half an adhaka of surā, i prastha of oil or fat, 10 palas of sugar, with 3 pala of ginger an alternative drink, Some of these are believed have a special utility in ensuring serviceability of the beast for which they are incant. The same items reduced in quantity are prescribed for mules, cows and asses Double the quantity of the above commodities is fixed for buffalocs and camels. The diet of draught oxen and cows supplying milk is to be in proporcion respectively to the duration of their service and che qualsty of milk yıelded. Rations are thus deterınıned not merely on the basis of what an ausmal actually needs for its bare sustenance, but also from the utilitarian point of view. to CHAPTER X Economic Pressure The State in Financial Trouble Income, derived from the current sources of revenue, may be supposed to balance the needs of the functioning of the Kaucilyan State in normal times, but if the Treasury (kośa) for some reason of other is in peril, unusual rates of taxes and methods of their collection are to be resorted to The underlying theory seems to be that as no country can exist without a government, even harsis taxation if it can help prevent its financial breakdown, is justified. Even immoral and irreligious methods may be tried, if necessary, for the purpose of making an extra income But the proposed steps are to be adopted anly when circumstances demand it The question as to how the treasury is reduced to emptiness calling for cxtraordinary measures to tackic the problem created by it, is not a point for discussion in the context. It may be presumed that a protracted war carried on at great cost may sometimes be a cause of exhaustion of available resources In such a contingency the Statc cannot afford to follow a policy of slow and gradual rehabilitation only Drastic remedies liave to be proposed which alone can give some of immediate relief, though not forming a permanent feature of The policy recomnicnded is primarily one of increased caxation, imposition of new caxes including a at lcast, collecting nominally voluntary donations from wealthy persons, spoliacion of religious institutions, of the rich specially the of government, through mechods which private morality may be regarded as sctiously offensive co tlic sanctity of life and gropects. It may be interesting to note that the question of the necessity of giving special attention to the development of the State's own trade and industry is not raised in the planning to remove elic insufficiency of its finances The deficis contemplared is of su.h an extent that it seems the State is not in a position to carry on its economic functions although curiously cnough the people are sull sart the economy tax on income in sonic Cascs cxcortion Critics thic ECONOMIC PRESSURE THE STATE IN FINANCIAL TROUBI E 119 left with resources to be able to bear the strain of its heavy demands. No anxicty is felt on the score of probable opposition against proposals which may hit individual citizens hard. This may indicate that the deficic is not one due to immoral spending on the part of the king. The fact that new avenues of taxation can still be exploited may go to show that prior taxation has not been so sweeping and oppressive as to render fresh realisations impossible, But even in this hour of difficulty the State cannot overlook economic factors which are believed to have a permanent importance Thus taxacion must noc be ruthless in regard to such agricultural interests as need to be protected up to a limit. If that limit is transgressed it may be temporarily helpful but in no distant fucure bring about a fall in production which will be harmful to the people, and consequently to some extent, the State also. Thus the policy of increased taxation is to be one of caution and foresight. Ic 15 proposed that a demand of one-third or one-fourth of the produce can be made only in naturally fertile areas 1. e., where artificial irrigation at the cost of the peasantry is not needed. Secondly, 1 is held that the rate is to be fixed between the two alternatives according to the capacity of the where the production has not been inconsiderable. As the rate is to be settled according to capacity, it is clear that to apply the cule, the actual production is to be estimated and not merely che richness of the soil. As production is less in areas where soil is of inferior quality taxation cliere must not be at these increased Similarly, the burden of over taxation is not to be imposed on those whose help 15 needed in che execution of projects connected with industrial, agricultural and other departments * In chese cases the resources of the people are to be conserved in expectation of a more prosperous cconomy and not to be drawn for upon Thus the policy immcdiatc ts to make the richer gain. any section of the peasantry or those who hold lands in fertile arcas of high productive calıbre to contribute more, and to grant exemption from thuis liability where the cause of production and developmenc may suffer through lugh taxation. There is a further check on State demands onder the rule granting exemption to the people persons concerned rates, 120 ECONOMICS IN KAUTII YA living on the border on the principle that those who have little to sparc (al papramānām) should not be approached. Thus, liorever depressing the financial position may be, indigent people are not permitted to be fleeced. Probably hardship on poor border-people is disallowed also in apprclension of an unfavourable political reaction. Along with mcasures for over-taxation for handy relief, steps are simultancously taken for the dei clopment of waste-land by offering grain, catile and hisanya. To tide over its present financial difficulties the Scate is further advised to buy a pottion of agricultural produce by paying its price through the medium of bıranya. In this case also 3 ceiling has been puc on the quantity that inay be purchased. The State cannot demand the whole stock even by making tempting offers. A sufficient portion should be left to provide seeds for future cultivation and to meet subsistence requirements. The maximum that may be purchased is one fourth of wliat remains after such deductions as well as of the payment of the usual royal share. The producer may be left with a margin for disposal by sale or othewise. Under the arrangement, however, the one-fourth may mean more when it is to be exchanged for baranya which may tempt the peasant to cconomise his own needs. In such circumstances the stock acquired by the State may be much greater than it can sccure otherwise, 1c., not by offering to buy in terms of biranya. The property of Brahmins and forest tribes, not usually taxed, may even respond to such an offer. They may be inclwed to part with surplus stacks if they live any. These measures proving inadequate, the State is further advised to launch a 'grow more food campaign. Employees of the Cluef Collector (Samabarirpurushāh) bave to raise crops through cultivators evidently as a mcasure to improve the prospects of royal collection and income out of the additional produce under a threat of serious punishment for any loss due to negligence. The royal employees, in a and for purposes as specified, have to draw up a record of the seeds sown or the seedlings so that the output may be checked with its help and be available with small deductions which are allowed. It appears that in times of emergency ut is considered to be of particular importance that cultivators should declare their products truthfully manner THE STATE IN FINANCIAL TROUBLE ECONOMIC PRESSURE 121 and not hide them to evade State demands. Even death-penalcy may be imposed in some cases of the crops of another person are stolen. These are in the nature of regulations required to be in force during a period of want and difficulty. Extra demands in times of financial stringency are classed under the category of so-called 'pranaya' or benevolences. The list of impositions of this class levied on the cultivators (tts karshakesbu pranayab) include one-fourth of chest grain-produce and one-sixth of the forest produce (vanyānām), also shares of commodities, such as cotton, lac, fabrics, barks of trees, hemp, wool, ślk, medicines, perfumes, flowers, fruits, vegetables, firewood, bamboo, flesh, etc, and a share fixed at one-half of ivory and skins of aninals. These go to exceed the normal collections inade by the State at the source and the usual taxes on sales in the market. The commodities, mentioned in this connection, arc not legally allowed to be sold unless it is certified that the king's demands, as stated have been fully inet (anisrishtam pūrvah sähasadandah). It is not clear, however, whether a fresh payment is to be made to obtain this certificate. The standard sale taxes are not cnhanced, what the effect on costs and prices may be, due to the new extraordinary demands of the State, is a matter of guess. Prices which are current under normal conditions of trade can not stationary when producers have to make up for their losses, and merchants to pay the new unusual taxes, when the State itself is possibly so desperately anxious to ease its financial strain, that it may be driven to the necessity of disposing of its stocks of commodities, not excepting those acquired as pranaya, at higher races Under such circumstances it may not be possible for consumers remain unaffected. Additional taxes are also imposed on merchants in the name of pranaya (sti uyavahārisbu pranayah) 10 They are to be divided into three classes according to the nature of the commodities, in which they trade, for of purposes such special taxation. In the first place, are those who aeal in gold, silver, diamonds, gems, pearls, horses and clephants undoubtedly the richest members of the trading community, they are obliged to pay 50 mark kars11 cach. The second consists of those dealing in cotton threads, cloths, copper, bronze, sandal, medicinal licrbs and remain to 16 122 ECONOMICS IN SAUTILYA Tron merchants who liquor, wlo have to pay 40 mask kara cachi. trade in grains, liquids, icon (loba) and cares, belonging to the third category, the amount of 30-mark Larsis collected from cach as an cxtra tax. The next group is composed of those who trade in glass (kācba) and superior craftsmen (mabākäravab), from whom the tax is charged at the ratc af 20-mark kara which is reduced to ten-mark kara for small artisans (ksbudralārsval). Even those who trade in firewood, bamboo, vessels made of stone or cartii, cooked rice and vegetables are not excepted, being required to pay 5-mark kara cach. Thus the rates of this particular kind of tax scem to vary from 50-mark to 5-mark kars. It is to be noted liere that the lists of commodities mentioned above include many of those referred co in connection with the collection at the rate of one-sixth from the producers. This tax is indicated to be pard in the shape of kara imposed on merchants who deal in the sanic articles as an additional one in respect of those commodities, As the tax named in this case as pranaya is charged from vyavabānns (traders) it may be supposed that the artisans, comprised in the cnumeration, are not only manufacturers but also dealers in their producrs This scenis to be 1 compulsory professional tax for traders, with its rates having no relacion to clic quintity of the commodsey involved, sort of licence fee charged from artisans, who sell their own products. It must be in addition to the usual duty charged at varying rates on sale proceeds of different classes of commodities, as mentioned elsewlierc, in respect of wluch prices must rise as a result of such impositions being made on traders and producers It will appear that through such indirect taxation living is bound to become comparatively expensive. Higher prices have to be paid for all sorts of necessaries of life as well as luxury articles taxed in different stages before they reach the market. Though the kara tax with its different rates is shown to be an emergency professional tax probably to be paid in exchange for a State permit, it is not unlikely that while trade develops and the issue of a licence becomes necessary to check corruption and dishonesty, it may be casily converted into a normal item of revenue though its cates The policy towards goldsmiths (bıranyakara) as a may alter THE STATE IN FINANCIAL TROUBLE ECONOMIC PRESSURE 123 class is rigid to the extreme." They are accused of holding uniavcsted stocks of wealth which must be seized by the State to get over its financial difficulties and no sympathy is shown for any delinquency on their part. The charge against them is so severe that the manner of dealing with them may appear morally justifiable in view of the larger interest of the State. They sell things of their own precending that they belong to others, therefore, it may be presuined, having no personal, fiscal or other liability for such transactions. But it seems that their fate is decided even before they arc given a hearing. In face the gold acquired from them must be of great help to the State to buy cercain commodities by payment in bıranya to replenish its stores as already mentioned. What is thus extracted from goldsmiths is yet another variety of pranaya imposed on traders. The difference in this case is that it is noc to be collected in clic form of a specified amount of tax (kara) akın to a temporary professional fce, as in the odlies instances, The entire holding cven may be confiscated. Another variety of pranaya, representing a form of income-tax, 13 imposed on individuals belonging to certain specified professions, viz., actors, cancers and prostitutes." This tax is to be levied at the rate of a half of their wages or earnings (uelanārdbam dedynb). The rate being made so lugh, the cost of amusements etc., must inevicably cisc. This is a form of indirect caration on patrons of the particular arts and professions indicared. The next demand is on those whose trade is connected with breeding and ccacing of aniinals, grouped along whe heepers of prostitutes the cas being shown as a pranaya levied on yoniposbakas. So far as the tax on livestock is concerned, its ratcs vary according to the class of animals on wluch the cliarge is based. Thus persons rering cocks and pigs have to makt ureza lualf of their scoch; those, who rear inferior animals, one sixth, those who live cows, bullalocs, asses and camels one-tenth of their possessions Variations in tliese rates are probably duc on an average calculation of prices, to differences in the cost of reading. capacity for breeding of the different classes of animals involved, etc. Further income as expected from Lecpets of prostitutes is to be collected through the emplo, dient of youthful wonen in the service of the Ling.
once its 124 ECONOMICS IN MAUTILYA Thic cxccaordinary levies, so far described, are not a recurrent feature of the State's revenuc system but may be collected only for the duration of the shortfall In effort to mitigate the difficulty in which 16 is placed the State expects to secure a considerably large portion of grains produced in the country by raising the rate of taxation, it purchases of surplus stocks of grains up to a limit, mal es an effective appeal to the peasantry for increased production even perhaps taling over cultivation where not properly attended to, collects fincs for false declarations of stock s, taxes all linds of raw articles imposes a professional tax on merchants and on holders of livestoch, taxes on incomes and seizes the hoarded wealth of goldsmiths etc But the additional income derived from these different sources may not be enough to strengthen the financial position of the Scate In some cases realisations may, as se liave seen, appear to be stringent and extortionate to a degree still it cannot be complained that they exceed the bounds of legitimacy of the State's finance is actually on the brsuk of 1 disaster from wluclı it must be saved by all means But the other methods suggested for the obtainment of further relief are of a different hue Their justification may lie only in the extreme gravity of a situation for which no remedy is possible other than a desperate round of black deeds and measures of d fferent degrees of offensiveness to the moral canon wluch thcy secretly violate The further procedure adopted to snuggle others' funds chrows lured light on accumulations on which the State is disposed to lay its hand in seeking relief from its cconoinic distress Economic thinking has not been directed further towards analysing the genesis of such accumulations with View to suggesting 2 more positive and permanent solution of an economic problem which is proposed to be tackled by temporary methods of dubious morality Men may not be willing to part with their moncy voluntarily Buc they liave to be made to cantosbute on false pleas A practical know ledge of how funds can be raised by fooling people is shown in the proffered suggestion that the Scate through the Chuet Collector may issue an appeal for contributions from the citizens and country people to sponsora particular cause or business Some people who are taken ECONOMIC PRESSURE : THE STATE IN FINANCIAL TROUBLE rates 125 into confidence by the State will, as pre arranged, make liberal donations for the specified purpose. The king will announce these ficcicious gifts and call upon the people to donate as handsomely as cliey have done. Spies will move about masquerading as honest citizens and spread calumnios against those who contribute less than expected The wealthy (ādbyāb) people will be asked to contribute their biranya to the best of their capacity. Those who give gencrously will be sewarded by the State with a place in the court or with otlice decorations. It is not a clean administrative procedure by wluch 1110ney is ratsed with the help of spies and in collusion with some people who allow themselves to be falsely announced as donors Tlus is, however, the most innocent tactical method of inducing donations, as distinguished from taxation at fixed, though, cnlianced The ways of deceiving people by playing on their religious faiths and superstitions are many, which have to be used regardless of all moral considerations Thcsc ways succeed in an atmospliere of secrecy and make believe. Tliey include appropriation of the wealth of derties brought to a central place after being collected from different localıcıcs of their worship ns 1 seemingly protective measure under thic direction of the Devatādbyaksha, 16. the officer in charge of religious affairs, whose sincerity being above suspicion, this method is most likely to succeed with the people Icft completely ignorant of the manner of its loss 5 Under various pretexts the belongings of licretics, of deities and of dead men are to be acquired excepting those of Srotryas, even secret plunder aided by incendiarisen is not out of thic range. Credulous people may bc made to believe in reports about the inysterious appearance of some religious or other symbols spread by appointed spies, or about some unusual phenomenon suddenly discovered, causing curiosity mixed with prety, panic or fear of death or disease, etc., which will compel tliem to spend money, u hose secret destination, of course is the royal treasury. Secret ways of a similar nature are suggested for grabbing the valuable possessions of the rich In this field also spies, specially trained for the purpose, are to be employed, those disciplined conduce and manner of approach will not raise the least suspicion in regard to theic assignment. In thory, if not in practice, the State is allowed 126 ECONOMICS IN LAUTIL YA 1 to seek relict from its financial stress and strain, if necessary, even through clandestinc seizure of private property, thc protection of which otherwise is an essential duty of the king This latter obligation is of such fundamental importance that it is insisted that if stolen article cannot be recovered, clic owner's loss is to be made good by the Statc This precept is flagrantly abused, money passes surreptitiously into the hands of the king, bringing lum immediate relief, but such acts of appropriation of the wealch in whose security the cighes and liabilicies of so many elements are involved, may lave sad repercussions on trade, in a way comparable to the effects of a Bank crash in modern times is among prospective victims of the king's rapicious policy ate persons who may hold otliers' money for iniestment in business Various methods may be applied to rob them A spy in the disguise of a merchant carrying on a large business may approach a genuine merchant offering to work with him on a partner ship basis When the joint business has proceeded far cnough and much mones has accumulated in the shape of sale-proceeds investments and deposits (noksbepa prayogasrupacitab)she spy is to announce thac the entire wealth has been stolen while in scalicy It goes into the State treasury In like manner money may be acquired by pilferage through a spy disguised as a famous merchant collecting large quantities of silver and gold including probably coins through loans and other means open to normal trade, the loss of which in the end is attributed to theft The greatest sufferers are the people described as dusbya (condemned reviled) 1 They are not among those who bave been actually charged with a criminal offence and held punishable for it It seems that sonietimes these people cannot be caught hold of unless a soarc is laid for them But it is not difficult for some of thear to be seen moving at large If cauglit a false charge may be framed against then sometimes but this is only a means far getting rid of them for good or confiscatiug their property It is not explained why they are called dusbya where there is scarcely any real charge against them before they are cauglit Again when they are punished for a got up offence which cannot be openly proved against them. It may be surmised that these ECONOMIC PRESSURE. THE STATE IN FINANCIAL TROUBLE 127 serious as an overt secret are the people whom the State cannot tolerate because of their known unfriendliness, though it is not so act of reason which can be openly tried It is to be understood that what the State actualy wants from them is their moncy, which shows that they must be nien of substance, though their lives are regarded as of little consequence They are probably among those who are dissatisfied with the State's policy of high taxation, hence blacklisted and to be got rid of as undesirable persons, but the procedure leading to their apprehension starts in a conspiratorial manner when the State wants their property to meet its deficit. Spies arc employed on missions to apprehend these people, to cause death and nfusion in their ranks or to make them disgorge their wealth under circumstances beyond control Thic methods to be followed expose the callousness and apathy of the State in dealing with these unfortunate people. With the help of a prostitute disguised as a chaste woman in love, it may be possible to get them arrested and have their property confiscated. Thus shows that some of these 'undesirable' persons usually remain 10 hrding to escape being punished on a regular charge lying against them. Again, a faction may be engineered between two such persons, and wlien che quarrel goes on, a State agent in disguise may poison one of them ** The other man is to be field responsible for ic and must lose his property by way of penalty. This policy is probably resorted to when, in spite of the absence of any regular charge against hım, luis property is to be confiscated on a false accusation. Persons who have no real claims against such people or any relationslup with them may be tutored to make demands for repayment of unreal loans, or shares of property various pretexts and under various disguises A spy may be appointed to murder a claimant, (an outcaste), but the responsibility for the commission of the crime will be laid at the door of the person, aimed against, who will be punished with a confiscation of lars property. In sliort, the trap is to be laid in such a clever manner that the victim, when caughe, can be held guilty of complicity in murder, manufacture of counterfeit coins, and other similar criminal activities to justify in the eyes of the public the Suste's measure for his financial ruin. on CHAPTER X1 Evaluation of Ownership Ownership as a concept is neither strictly defined nor elaborated in so many words, as apart from the rules from which an understanding can be formed of the positive rights it bestows with the sanction of law. The rights are specifically those which arc exercised over the object owned in different approved forms of enjoyment and disposal. So long as ownership is not lield in dispute, it is to be treated as real and lawful. But if there are rival claimants regarding the incidence of ownership over a homestead property (vastu), a dispute is thereby said to arise which is to be settled on the cestimony of neighbours, 1. c., those who can be cxpected in view of their first-hand local knowledge to pronounce whicther, in any given case, a right has been exceeded or infringed upon. Such a dispute specifically may arise where, for instance there is a legal liability to observe building rules which do not allow any unauthorised construction that may interfere with the unobstructed enjoyment of lawful personal ownership of thereby affect or endanger public safety. In this matter private ownersłup is circumscribed to the extent required for reasons of common good or mutual convenience between the parties concerned. It is not open to any acquiesce in the ownership enjoyed by 100ther over his homestead property and at the same time to do an act which amounts to trespass. In the circumstances thisce alternative courses appear to be in the contemplation of the law on vastu: the first is to acknowledge the existing plıysical limits of ownership and not to do anything which may interfere with its incidence in the form covered by the building rules, the second is to commit a trespass, the ownership not being called sato question, and the third, to dispute the 'ownerslup' and be prepared for the taking of evidence in the matter by neighbours wlio will decide whether any offence has been committed. What kind of cvidence is to be brought forward and relied upon in tlie settlement of the dispute is not indicated onc to EVALUATION OF OWNERSHIP 129 This provides an illustration of how ownership in the case of an unresolved dispute may be ultimately assumed by the Crown Supposing one of the disputants is the lawful owner cven chen he may lose his right simply because the village elders or arbitrators do not agree collectively Where there is a conflict of claims over a field, which is also regarded as a part of vastu, tlic case, as the rule requires, is to be taken up for adjudication with the village-clders of the neighbourhood (sāmanta-grāmaunddhah): If they are unable to come to a unanimous decision, reference is to be made to as many persons of good character as may be approved (ie, by the parties concerned?) Os, in the alternative, both the parties may come to a compromise by agreeing to divide the property, finally in case no settlement is reached through a compromise between the parties it is for the king to acquire the field in question perhaps in the same way as ownerless property may be occupied by the Crown. The field will chien be usefully distributed by him in a suitable manner (yatboyapakāram) It is strange to observe that the question of truc ownership. which is in dispute in the pacticular case, has in fact to be Icft undecided. What is a loss to the rightful owner, whoever he may be, is a gain for the Crown. The most important feature of the whole procedure is chat it may lead to a condicion in which no other solucion of the dispute being availabic, the king first acquires a field taken out of thc tange of individual ownership and then makes an arrangement about its distribution in regard to which there is no provision in the context requiring a further reference even to local opinion, accively sought with legal propriety to judge the conflicting claims in the stage when the complaint lodged In the last analysis, therefore, the State appears to act as the sole dispensing authority as if in the exercise of an absolute ultimate righe in clic manner of prerogative. This is different from a case in which ownership, held in dispute, is provable in a legal procedure, or of ownerstup, nor established due to lack of evidence, it is ratlier an instance where truc ownership. not being located through lawful proceedings, may run the risk of being lost duc to nival claims not being reconciled. Where a legal decision cannot be effectively pronounced due to lack of unanimity, clic parties are told to settle the matter becween 17 1$ a 130 ECONOMICS IN KAUTILYA themselves with the result that one whose claim is real may have to share his property with the other disputant whose claim is not so. Probably most of the cases of the type in view arise out of disputes between kinsmen regarding shares of property where a compromise is more useful to save a part of the ownership than to lose it altogether, or where the threat of royal acquisition works as a move to bring the dispute to a close in mutual interests. It is curious how at times it may become impossible to setele a question relating to ownership judicially and give a final verdict on it, although the administration is elsewhere asked to have detailed accounts of fields and other immovable properties to be prepared with the greatest care and accuracy, leading, as a consequence, to a sharing of ownership by the parties to a suit, or even seizure of the disputed property by the State. It may be that such records have to be periodically revised, and possibly when a revision is in progress or expected, complaints may be made against entries in the current register, thus necessitating adjudication at the hands of the villageclders and other competent persons as mentioned above. Boundary-maths are essential as a proof of ownership. Each village must have its own boundaries, which are of two kinds, natural and artificial (sthāvaraib kriismash va) separating it from those which are situated in its immediate neighbourhood." These boundaries must be kepe in force and respected, as in the case of a private holding. If chey are campered with, it will mean an act of cncroachment by one village upon another, which will disturb the economy of the whole neighbourhood involved. Sometimes boundary-marks of a village may be removed by individuals interested in extending its border at the cost of a neighbouring village for personal advantages When a dispute arises becween two contiguous villages about these respective boundaries, 16 is not like a suit to be amicably mutual co operation, It appears on the other hand that in wliatever manner che cause of the dispute may originate, the two villages practically set themselves up as contending parties, who have to appeal to a third party constituted by representatives of the neighbouring group of five or ten villages (sāmanti pañcbagrami dosagrāmi vā) for an impartial settlement. If it is proved that the boundary-marks lave aceually been settled by EVALUATION OR OWNERSHIP 131 to removed, the guilty will have to pay a fine which does not seem be of the nature of a collective levy. When a boundary-mark is renoved or destroyed, both the affected villages must be anxious for its restoration. The manner in which the investigation is carried on shows an impatience with the known types of violacors of boundary. marks, rather than an approach, based not merely on oral evidence, to solve what at times may appear to be an issue, complicated in character 20. its bearing on ownership or possession. It is not a judge who has to decide a question of ownership or of boundaries of clie cype indicated, but an assemblage of people giving their verdice like jurors from a common sense point of view, or like the tradicional Pañchāyat having a firm knowledge of local conditions Holdings without boundary marks are to be seized by tlic State and disposed of suitably. Absence of boundary-marks is taken to be an evidence of defunct ownership or a sign of lapse of ownership, and appears to be a macter for investigation by the Centre to be conducted by the Crown." Ownershup is not a paper right; it is required to be visibly selfcvident and utilitarian." When the State takes over a piece of land left witliout boundaries, steps arc taken to put it to proper use. As uality cannot be dissociated from ownership, cven a plot of land which is inalıcnable (anādeys), if it lies uncultivated, can be taken up by an outsider for cultivation, evidently without having to enter inco an agreement with its rightful owner for the purpose. The person, who thus occupies another's land and cultivates it to reap the benefit of such possession, luas to return the property after hve years on receipt of clic compensation due to him for any material improvement of the land effected at his cost during the period of lus occupation (prayāsa. nisbkrayena dadyat) & Thus temporary ownership even of non transferil proprny is primereu' with vilar.tr keqning cultivatur aning without a setback. Though the same man cannot use the holding for more than five years, there is no rule against simular use of 10 under the same terms and conditions by another person afterwards. While no usurpation of homestead property by force (prasabyādine vāstini steye dandab) is allowed, it may be occupied however for some reason found valid na law. What is interesting to note is that under the related section cases may occur where occupation of another's 132 ECONOMICS IN KAUTII YA be some property stands completed without a previous legal investigation of the cause leading to it. Thus where occupation is justified for some special reason, the owner cannot cject the occupant, but the latter will be bound to pay his dues probably on the basis of what appears to be a constructive agreement for a short term lease or tenancy, fixed on an exact calculation of the cost of subsistence required for the holding to yıeld its usefulness There may among landiess people who may give sufficient reasons for occupying holdings under exceptional circumstances, legally admissible under the proviso, and cake advantage of a system which leaves ownership unencumbered while the utility of the holdings concerned is not lost or field in suspended animation, due to nan use No limit has been proposed to be puc on the duration of this cype of tenure, which may, therefore seem to be allowed to continue as long as the terms are lawfully observed Ownership is subject to certain other limitations also An owner is noc free to operate in an unrestrained manner cven in such a vital matice as the disposal of his property Thus a person cannot transfer his land or homestead by sale or moregage to anyone lie likes The scope of his choice is limited 10 Those who pay taxes for their land are permitted to sell or moregage to taxpayers alone Again, Brabmadeya lands, made over to Brahmins as gifts, can be transferred only to those members of their caste enjoying simular endowments Under thus culc of exclusion, a person who has no land to his credit or does not pay * land tax is debarred from purchasing any land on which a tax is charged So he has to remain landless unless the rule is altered As sale or mortgage is to be confined characteristically to the group or class represented by the owner, the value of the land involved may not under the circumscances reach the height which may have been possible without the restriction, except through bidding to be mentioned lacer, Special rights attach to Brabmadeya lands, wluch arc based on considerations of caste, religion and culcure Naturally sucli lands forni a distinctive class by themselves, whose door cannot be thrown open to non Brahmins or even to members of the Brahmin caste who have not yet carned the status which the apard of gifts of a similar type confers on these dances The owner of a vastu which includes buildings, fields, gardens, EVALUATION OF OWNERSHIP 133 have his own way tanks, etc., is of course not dented the right of disposing of such property through sale. But this right can be exercised subject to certato well-defined conditions In the first place, he is not allowed to of Carrying on negotiations and legally completing a sale-transaction with a willing party. What seems essential as a preliminary is an expression of buis personal decision to put his property to sale Thereafter the procedure, until the sale is concluded by the purchaser, remains under the supervisory control of persons customarily authorised 10 witness the sale and have ir conducted according to law 11 Besides, the choice of the purchaser is also lined, being subject to an order of priority, according to which the first preference is to be given to kinsmen (ñatis), failing them, neighbours (sāmanta), with creditors or men of wealth from amongst those who do not come under either category, being considered last of all 12 When a sale is to be field, forty men of good lineage (kulya) must assemble and have the necessary announcement made. As this is done in front of the house to be sold where thic group congregates, the owner's confirmation is positively implied in che acc The announcement is to be followed by a declaration of rights and boundaries attached to the property (yathāsetubbogam) also comprising fields, gardens ctc , in the presence of the elders of the village of chose of its neighbourhood The price 15 next announced thrice (trırāghushitam) within the hearing of all present followed by a formal invitation to purchase. 18 Presumably, if the statenients made are accepted without opposition or challenge front any side, will step forward to purchase the property in question and thus will the transaction close. The forty neighbours with clic village-elders also in the picturc represent an element of local authority, how constituted it is not indicated, which seems to hacet dat 11ecessary legal competence for regulating tlie process of the transfer of the private ownership through sale. Tlic owner cannot demand any price which suits fım most, his expectation in this matter is evidently checked by the opinion of his forty neighbours. The price originally announced with their approval may, however, be increased by auction, but the seller himselt does not get more than the originally announced price, the excess goes to the Starc. Generally the willing party 134 ECONOMICS IN KAUTI YA 15 as speaking, when a lugher value (milyarddbih), 15 obtainable through bidding the successful bidder is sure that he will not be a loser in the game. But clic seller, though knoning ehiat fuis case for a lugher price may be commensurate witla the logic of demand and supply, is yet unable to realise it due to the double control of the comunity and the State. The obligation to sell preferably to jñāts or neighbours, if they are available, is an imperative obligation to clic community. to wluich private ownership must bend its licad; thus is a limiting condition so far as luis price-expectation is concerned. It is the State treasury that receives the balance becween the declared value and the value raised by bidding with a coll (sulka) charged against it (mülyaundibib) The bidding is limited by the circumstance that it is never open to all at a cinie, but only to a particular group when its turn comes accordmg to the rule of priority, alrcady mentioned, and also by the implication that it is to be closed with the offer of the lughest price from the same group. As the amount by which the announced price is exceeded in a sale by bidding, goes wholly to the State, it may be suspecced that the State will naturally welcome the prospect of its being sucreased by bidding to the farthest possible extent. The lagher clic recurn the greater must be its satisfaction. But there is no sign of the State's representation in the open transaction as an interested party. Yet the owner may liave a feeling of deprivation or frustration when a higher value is obrained which, as the law stands, is of no material importance to lum personally. He may be supposedly led to believe that the higher value is the one which is fair and legitimate and may have been within his grasp It went with the original declaration sponsored by the forry wise ocighbours. Under the circumstances lic to take another chance of the bidding is not effective because of any legal drawback. He may. for instance, wait for a future occasion when, in the light of the present offer, lus case for higher price may appear reasonable. But tluis is probably not the way approved by the local group for a revision of the price according to the choice or convcarence of the owner. The cule, if applied, helps to kcep the rise in price under clieck by curbing the lurc for a bargain on the part of the owner and thus encourages conservation of biay be tempted EVALUATION OF OWNERSHIP 135 property except when its transfer by sale for its money-value becomes a compelling necessity. The bidding is not open to all at one and the same time. When somebody belonging to a particular group as its turn arrives, offers a higher price it must bc for the reason that it has a special value for his needs, which is subject to the assessment of a levy to be collected by the State from the successful bidder, while the seller will have to be contented with the receipt of the value or price as demanded, of which probably the limit, so far as buis own selling terest is concerned, is set by the customary local rate. This tate may, however, rise progressively, specially in regions of growing importance. Higher value offered by the bidder may ultimately have the effect of raising a current rate. The rules concerning debts define the limits of the nights and obligations involved in the relation between the creditor and the debtor. The creditor's profession is not condemned outright, in a real sense he is a power behind the market with an assured righe stemming from ownership, wluch, like other similar rights, has its limitations. The debtor is not to be left at the mercy of the creditor. As long as the relationship between the debtor and the creditor is not submitted issue for legal mtervention, any rate of inccrest may possibly bc fixed between themselves. But if this and other terms are not fulfilled by esther, the creditor may not be able to recover the amount lent or the interest due to him, or the debror to have hus grievance redressed without the help of legal proceedings. The liability for repayment of debt on the death of a debtor may have to be enforced, whurch again may require legal action to be taken. Circumstances like these furnish causes for the State to apply effectively rules for the control of interest whose rates have to be rationalised in accordance with its policy of regulating profits in the private sector, and thus in fact to govern the relation between the creditor and the debtor, The fixation of the rate ol interest in a transaction of debe in the interest both of the creditor and the debtor can scarcely be allowed to remain in its entirety a matter for private settlement A private understanding between two parties cannot validate a loan transaction of the required conditions of legitimacy are disregarded. as an 136 ECONOMICS IN KAUTILYA Not only so, When capital is borrowed for a trade, the debtor expects to pay the interest out of the profit of his investment. the business inust thrive so that the capital itself can be returned and the debt thus cleared. It is obvious, however, that one who borrows capital to use it for the purpose of his business, makes less profit due to the deduction from it of the amount of interest payable to the creditor, chan the person who does not have to depend on loans in a similar occupation. Yet the loss may noc be so serious as to be a totally discouraging factor of the value of the output in a month is appreciably greater than the amount borrowed, in which case a higher percentage of profit may accrue to the debror. The question is. if the conditions change, how can the rates of interest renain stable, or be revised if required? Thus the rates of interest must be such as to make it possible for the debtor to earn an income for himself, besides mecting the legitimate demands of the creditor. It may be presumed, therefore, that the lugh rates, as envisaged, tescily to conditions in which profits in business derived from the sale-proceeds of its out-turn exceed payments to creditors who supply the capital. The rates, fixed by the State, however, put a check on the bargaining spirit of the creditor. If the need for money is great, even an incredibly higla rate of interest may be assented to under force of This is what the State attempts to prevent. The lowest rate is fixed at one pana and a quarter per month per cent 1 c., for each hundred panas borrowed, the interest, if it is simple, will work out at 15 panas if the period is twelve montlis from the date of the borrowing calculated at the monthly rare. This appears to be the usual cate u all cases of loan, with a low noted exceptions. It may be that this sate applies when debts are incurred for domestic and similat other purposes Tlic rates are luglier, when related to trade. In case of ordinary trade (probably local) the lowest rate is five per cent per month, but this is doubled (ie, 10 per cene) in the case of those who have to travel to forest areas (generally perhaps in thc pursuit of trade) Those who are engaged in overscas trade have to pay at the rate of 20 per cent which is the highest. Perhaps for one who borrows to meet a purely circumstances.
EVALUATION OF OWNCRSHIP 137 personal need as for instance, probably on the occasion of a marriage, tlic interest is the lowest, only small capicalists accessible to him can help him in the circumstances and thrive on controlled usury within the strice lunits imposed by the rule. The rate of 5 per cent per month seems to be fixed for ordinary tradesman. Though profits in trade are controlled, debtors of this class must be prepared to pay a high price for lack of capital of their own to meet the interest charges, if possible, at a greater sacrifice of the profit. It is probable that the rate of 10 per cent is charged not because of the risk faced by the creditor in regard to loans to which it applics, but because of the certainty that this high rate can be fairly accommodated by the kind of trade in which the borrowed capital is to be engaged. The high rate is not to be trken purely as covering the risk which the creditor may be supposed to be taking in granting a loan to a person whose trade requires him to undertake a journey through difficult and dangecaus cautes Probably the trade indicated is of a kind devoted to the exploitation raw materials available in dense forests with the expectation of an alluring profit whicli articles of special usefulness may fetch, if brought to the market In view of the cost of journcy, transport etc, which, however, is to be reckoned as an essential item in the calculation of price, an ordinary trader will not venture to go on a perilous mission of developing forest resources, or of carrying commodities across regions infested with wild animals and robbers, When a comparatively large capital is needed for such trade to prosper it may be necessary for a group of men to work together and form a carayan, giving them a greater sense of security in fring che terrors of their advencurous journey. The rate of interest, high though 10 is, may not be felt as a heavy burden if the liability for the debe contracted is shared by a group, instead of by a single individual. A debt can be incurred, as the Artliasāstra knows,to jointly by several persons and repaid according to a rulc tinch comes into force If one of them dies before it is cleated A rule that applies to the procedure for repayıng it may be supposed to hold good in regard to the payment of interest also The still higher rate of inferest charged at 10 per cent on seafaring trader, as sanctioned by the State, can similarly be explained as being due to the creditor's apprehension 18 138 ECONOMICS IN KAUTILYA time about the fate of his loan in view of the possibility of piracy or a shipwreck. Not only the lawful profit in thus branch of trade is rated lugher, let alone other concessions which may be granged by the State from to time, but joint loans by overseas traders may also mitigate the Tigour of what appears to be an exceptionally lugh rate of interest Capital borrowed in tlus and otliec cises may attain through successful trading a dimension, considerably higher, representing market value of the commodities dealt in when the trader may be expected to be left with a sufficient inargin of the profit after meeting the ducs of the creditor to keep up his interest in his avocation The high rate of interest serves a double purpose. In the first place 16 attracts capital It also goes to develop and stimulate the economic condition which is not possible withouc the required capital. It by borrowing at a high rate of interest a tradesman finds it impossible to make any profit, trade will languish. Whar then will the capitalists do with their money and what will be the face of such tradesmen? Exches the economic condicion such circumstances will not remain as rigid and transparent as it appears in theory, or private trade will decline particularly in those segments where the rates of interest are higla compared with profit. It is difficult to understand liow state enterprise can stop in to take the place of dwindling private trade A tradesman, who has to pay interest at a high rate to his credicor, cannot, for that reason, scck any special favour or concession in competing with capitalist traders in the same line of business I borrowings att made only occasionally to meet a temporary shortage of capital in business, the rate of interese, though high, may not be runous to the debtor but may tatlice tend ultimately to improre his prospects of profit. The position may be usually different in those cases where business is entirely financed with borrowed capital on an independent basis with no sharing of the risk by the aedicor in regard to the debtor's If interest charges are too high in comparison with the controlled percenta,c of profit, it may be concluded that there is a gricrous 10 investnient.
CVALUATION OF OWNERSHIP 139 on no on a tenure. lack of coordination between che rules applicable to debts and those governing trade and commerce. Though the interest is fixed at a monthly rate, there seems to be no insistence on its monthly payment. If this were compulsory, a rule would have been mcorporated, imposing some from of penalty a defaulter. There is indication that unpaid interest is to be added to the original capital and compound interest charged chescon. In the field of agriculture in which grains field may be lent on interest fixed at one fialt until the harvest, when the harvesting operations are over, the produce or its value, constituted as capical will be subject to the payment of dues or interest, may be at the same rate.20 The debe in question seems to be of a temperary or seasonal character and involves no relation connected with land- It may be noted further cliat capital, mentioned in clus connection, can be invested in some business to draw an tacerest on it, when this is done, the capscalıse's connection with the business may be supposed to be less impersonal than in a casc in which lic lends money to traders or others where his interest does not go beyond knowing from the prospective debtor the purpose for which it is to be used with a view to the sectement of the particular rate of interest to be charged for it. His investnient in the other instance is more than casual in naturc. The interest charged in the case, referred to, is a proportion of the profit arising out of the sinking of the capital. If it appears to fuim that the percentage of profit, thus available, is likely to be less than 50 per cent, as allowed in lawy, he will not, except for special reasons, probably take the risk buc lend his money on usual terms, which assure hint of an interest up to 20 per cent per mensem, 1. c, nearly 240 per cent per year to be compared with the interest on the profit-skare basis wluch is also pay ablc annually. The profit may be much less than expected, but the capitalist cannot penalise the other party if clus lappens He will get half of the profit as interest or dividend whatever may be tlie amount. There is moreover a limit beyond wluch the interest can not accumulate in certain cases where 161 total exceeds an amount double the capital Now, the maximum interest, which a capitalist can oberwise secure on les loin, 18 240 per cent per year which is more than double the capital If the 140 ECONOMICS IN KAUTILYA (1. c. 15 co 10 interest on the invested capital on profit-basis rises to 200 per cent double the capital) che target may be reached at the end of one year only. Actually, the profit per year may be less and consequently a longer period will be required for the interest to accumulate up to thc legal limit. As thic interest represents a percentage of profit, the creditor will naturally gain no interest if there is no profit. A loan, obtained on this basis, leaves the debtor in a more secure posicion so far as his liability to the capitalist is concerned than if he borrows with promise to pay interest at the rate of 5' 10 of 20 per cent, for in the former case he has a hall share of the profit wlule in latter the net profit carned by hum may not be as lugh, after the payment of the interest the outlook may be even worse. Morcover, It is to be understood from the rule as it is that the debtor has no obligation to pay any interest if there is no profit. Interest be paid annually cxcept when the creditor is away from home on a long visit (cbsra pravāsa) abroad or does not notify his address (luis whereaboucs arc, therefore, unknown),"? such instances only, interest closes after it hias reached the amount which is double the capital. Law gives reasonable relief to debtors, who, duc co circumstances over which they have no control, are unable to pay interest ovet a period during wlucha the disability or inability lasts. It may bc concluded that whicre a plca is taken for nonpayment of interest on grounds as specified, necessary evidence is to be produced in its support. The creditor suffers some loss of clic debtor can prove lus case, but the latter also is plıysically prevented from making any income out of the loan by attending to luis personal affairs Vald versas los worcowwwwvan of debris 2. 1. Minority of the debtor, 2. illness, 3 stay 113 tlic teacher's flouse (to complete education) 4 engagement in a sacrifice lasting for a consideroble period, and 5. bankruptcy or extreme physical informity (asära). Thus no ingerest is to be paid for the period during winch any of the conditions inentioned above prevails In the above excepti. tional categories minority is a legal disabillity. Some of the worst cvils ol ustify are sought to be eliminated by tlie protection given in the rule 10 sıck persons and to those who are reduced to tesourcelessness it this EVALUATION OF OWNERSHIP 141 coinnenceincnt. is indicated by the word asära. The exemption granted on grounds of their educational or religious preoccupations shows the consideration given to sociologi al values to justify a temporary modification of the meclianism of debt. In all other cases, neither clic creditor nor the debtor is given any special latitude at the cost of the other. A creditor must receive the interest when it comes from the debtor.23 If he can give any good reason for his inability, which must, of course be a legally valid one, the amount is to be left in the custody of another person, so that a further demand cannot be made by him in future. It may perhaps be assumed that if no valid ground is offered, the refusal is to be construed to mean tlnzt he is aiming to have an undue advantage over the debtor, for wluch a fine will be imposed. A man is legally expected to take reasonable Interest in what belongs to lum. A right not exerciseil duc co habitual negligence cannot be hept alive for an indefinite period Thus a debt is ordinarily time barred if the creditor does not exert lumself to recover it within ten years from its To make the bar effective in his favour the debtor will be required to rebut the evidence which may be produced by the complainant co bring Inis case under any of the exceptions noted above Tlie creditor's 11cgligence, except for reasons specified, is a graver wrong on bus part which may terminate the liability of the debtor. If the debtor wios his point che debt is cancelled. The cancellation of the debe will be lus right and privilege carned through che process of law, but surely if the debtor volunteers to clear che debt even though the legal liability for it ccases there is no suit and the court cannot compel him to act otherwise on its own initiative. In certain circumstances a kind of special protection is given to a debtor " If he is indebted to many, he cannot be sued by more than one creditor at a time. This rule will not, however, apply if he is going abroad but even then some relief is provided by the rule, according to which the debt, first incurred, is to be separd first and then the others in their order of priority. But if it is a debt oned to the State or to a learned Bralımın, this is to be cleared before every other debt. A crcditor's extreme right is to be limited, if necessary, in the inceses of agriculural work or a public cause." Thus ie is prolubiced to size 142 CCONOVICS IN KAUFI YA for lus debt a government servant op duty as well as a cultivator working in clie field. Tlie importance of the work which cither docs is regarded to be of such a nature that a creditor is not permitted to 18terrupt of interfere with 15, The work of cultivation is given an exclusive protective consideration not so much in lors personal interest, if so the privilege could have been extended to other branches of labour on the same ground as well, as for the significance attached to agricultural production. The liability of the debtor to pay clic principal with interest descends after his deatli, to luis sons or kinsmen who are his heirs. If a debt is incurred by some persons jointly, tlic liability for its repasa ment is both individual and several.28 Thus it one of the co-debtors dies, his liability is shared by the survivors. It some body has acced as a surety to represent a debtor, thic responsibility for the payment of the debt will vest in him after the death of the debtor, but a minor cannot act as a surety. The liability in regard to debes, not condicioncd by cinc ac place, extends to sons, grandsons and their heics after the deccase of the debtor. A debt contracted by his wife may be a liability for the husband. A wife may be compelled to borrow of her husband goes away without providing for her maintenance. In sucli an event, in addition to the debt, a maximum fine will be imposed upon him provided the clarge against him is proved. larunate domestic relationships, idealised in the tradicional culture of the country, are kept outside the rules of debt."? Tlus it is suid that a loan caken by a father from his son or vice versa, or by a husband from his wife or a wife frotu liec husband is unrecoverable se, neither sue the other for the debt. Unrealisable also is a dcbt between Meikers whost titre 333 ant divided. a debt cannot be recovered, the brothers borrowing is not a debt, considered as such a law. It is, therefore, implied that even if by mutual arrangement, such a borrowing is paid back the material interests wluch the exceptional cule regards as indefeasible in view of the relationslup of the parties to the transaction, are affected by such an act it will not be lawful Thoughi after the death of a debtor, lus debt is ordinarily to be repaid by his heirs, the loan that a father or a son takes from the other is free from the obligation of repayment during the life-time, nor is it to be treated as a can ÉVALUATION OF OWNERSHIP 143 members among posthumous liability The debt of a brother is recoverable provided however, interests are divided Thic economy, which is the basis of 1 joint family, is thus protected against internal disruption througla commitments of 10 usurious character bytes tliemselves There is no indication that the interest drawn by a creditor is taxable, though duty is charged on every article of trade either imported or exported In spite of the controlled rates of interest his income from loans may possibly be more than what a trader gets as his net profit from lus bustiess If the creditor loses his capital or interest it is good neither for livm nor for the market, for if the usually expected flow of money is thus cliecked or interrupted, the periphery of privare trade will be weaken. ed IE may be inferred that inccrest charges may have to be revised to inect the exigencies of such a situation Even the controlled rates, as they stand, are high enough This throws light on the extent of the availability of capital when such rates are prevalent If the creditor's 30 terest is not properly looked after as much as that of the debtor, or is sacrificed on what may be urged as humanc grounds, the economy may receive a hurt which may be difficult to heal When an article of value is left by its possessor or owner in another's custody, a relation arises between the two, to be governed by the rules of deposit which are expressly mentioned as being on the lines of those concerning debts 23 As the debtor is bound to repay the debe contracted by him, so is the depositary to return the objece field by bun as a deposit In regard to the case of a deposit, it may be supposed that terms and condititions are sectled between the parties concerned, as is done in the case of a loan, wich thus difference, however, that a depositary may have no personal interest in the deposit except as its custodian He may agree to keep a thing in his custody for an acceptable consideration including the cost of its maintenance or upkeep But this will not make him a debtor for he does not use it as a loan and pay an interest on it The relevance of the rules of debt in cases like this appears in connection with the depositor's normal right to the restoration of luis deposit from the depositary like that of a creditor with his right of recovery of his debs. The State, 144 ECONOMICS IN KAUTILYA 99 as we have seen, fixes the rates of interest, but this regulative factor is absent in the case of 1 deposit. It may be concluded that unless the consideration offered matches the liability of the depositary, he will refuse the custody wluch is sought. As compensation for loss or damage may be demanded, the fee or rent to be charged by lum for the custody of the deposit may be understood to be at least fairly proportioslate to its value. Though the cules do not refer to any fee being cliarged for custody, it is not likely that whien a legal responsibility 15 involved, it is undertaken without any consideration. If the question of payment of compensation arises, it niay be supposed that it is determined in the courc on the basis of the value of the article in respect of which it is to be paid as well as thic fee given or promised by the depositor for its custody. The personal liability of the depositary is not admired if the deposit is lost due to any calamity of a general nature before which he is as helpless as others, similarly affected by it, including the depositor lunsell, who placed in the same ciccumstances, would have found it impossible to protect his property. The depositary's tasks is to preserve the deposit until it is restored to the depositor, and he has no right to make any use of it during the period of custody.so It he does so he must pay for it as he would have paid in view of the place where it was used and the time of its usc, which incans that the amount is to be fixed according to current local Whatever the owner or the depositor has lost by reason of such use must be made good by the depositary. Tnc depositsry is equally liable for any damage caused to the deposit. He is of course guilty of a greater offence if he sells or mortgages the deposit, in sucli a case he is liable to pay four times the value of the deposit and also a heavy fine. Deposits may be sealed or unsealed. A sealed deposit can not be handed ovet to anybody except the depositor himself. A deposit is called upandhs and a pledge adbs. When a loan with interest is obtained against an article of value, the latter is to be placed under the keeping of the creditor and is redecmable with the clearance of his dues. A pledge may be either a movable or an immovable object. A deposit is not a pledge of the article is merely kept in another's custody, while a depositary holds the deposit in his rates, EVALUATION OF OWNFRSIHIP 145 of meeting two in or exist custody with no right of possession over it a pledgee holds it 15 a regular guarantee or surety for full satisfaction of his claims. So long as it remains with the pledgee it is a deposit in another form, the rules which prorect che interests of the depositor against their zofringement by the depositiry, is already stated, also apply where a pledge is concerned, in respect of the owner's right which requires to be sumilarly safeguarded In short these rules operate to the protec tion of the owner when an article pledged by him is lost for destroyed), used, sold off, mortgaged or appropriated (ten-ādhe pranās. opabhoga vikray ādhan apaharā-vyākhyatāb )31 Some additional rules are also framed for the purpose the special requirements of the relation between a pledgor and the pledgec. In none of these cules ownershup appears to be in Jeopardy. Under them pledges are divisible into classes (1) close which the pledgee has the right of use enjoyment over che pledged article, (2) in which this right does not No interest accrues to the loan wluch is obtained on the basis of a pledge belonging to class 1, nor cin it be lost to the owner apparently for his defuuic in the sepayment of the debr In other cases, that is, where the pledgee is not given the right of use, the loan will bear interest and the pledge may be lost for non observance of the stipulaced terms by the owner. Thus in class 1 the mortgagec who does not get nny interest for clie loin is, in substitution for it, suitably accom. modated in the shape of the benefit derived from the use of the pledge, in class 2, this being non existent he earns an interest on the loan, as arranged with the debtor, user being a subs titute for interest 9 Though it 13 not in the rules applicable to pledges, as set forth in the text, the amount of the loan to be secured against a pledge must in every case be dependent on current value though it need not be cquivalent to the price which it can fetchi, if sold, and the interest charged must be on the basis of this amount. To the interest must also correspond clic value of the the rise of che pledge if conveyed to the pledgee which would liave been other. wise charged on the loza There is no rule showing that State sets up a standard to determine what sliould be the proper amount of a loan in any particular ci'e with reference to the market value of the 19 its 146 ECONOMICS IN LAUTI YA article to be pledged, buc wlien it is a question of interest to be pard on the loan, wliatever its amount may be, the determination of which is implicdly left to the parties concerned the rate of the interest to be charged cannot be other than what is allowed under the rules concerning debts, for it is difficult to hold that the pledgee in this matter is given a power which exceeds the limit imposed on all classes of creditors to which he is not an exception The recovery of the pledge must not be delayed if the debtor is prepared co seccivc ic back of course on fulfilling hus liability to clic pledgee in full There are two alternative courses open to the debtor in case the creditor is not present when he comes ready to receive the pledge from the latter 53 He may deposit the amount required for the redemption of the pledge with the village elders, and there after have it restored to himself Apparently his relation with the creditor closes here if the procedure followed is in accordance with the legal requirements in the inatter The rest is between the creditor and the village elders who receive the amount on his behalf and acting in his absence release the article for delivery to the pledgor As an alternative course the article may be allowed to continue to remain where it is (1 c, with the creditor) under two conditions" tliat the value of the article at the time is to be ascertained and created as fixed until its redemption 2 that the debtor will be no more bound to pay any further interest As under this arrange ment the arti le is not redeemablo immediately, its personal use by the debtor will be delayed but it cannot be delayed long for the cred tor will wanc his dues to be paid carly wlien the interest is stopped Morcover his responsibility being implied if for any reason the tundiaran di the urcit deteriorates arter its value 'has been fixes, it will not be in his interest to hold it long but to return it soon 1e che pledgor The custody of the article until 10 is restored co che debtor may instead be trat sferred to the local office whosc duty it is to protect such deposits against damage and destruc If the destruction of the pledged article is apprehended (at any time) the creditor Пілу sell it for the price fetch with the prior consent secured from the or if clie bonafides in the mattet be froved to the satisfac 1 to its owner tion which 16 may court (311 ET ALUATION OL OWNERSHIP 147 tion of the officer in charge of pledges. The right to sell a thing belongs to its owner and not to che pledge. But the owner is prevented from exercisidig this right, if required, when it remains with the pledge and the liabilities continue on both sides Thereforc, if for any exceptional season the thing has to be sold, the court or clie relevant government officer has to be approached for permission and approval non existent, nor in A person has a right to give away a thing which he owns but but this right belongs to him only and not to one who is not its owner in every sense of the law Thic gift of a thing by one who is not its lawful owner cannot be valid Such gifes not being valid are to be held in reliable custody, 35 until their cancellation is cffected, 10 may be understood clırough proper procedure On another ground also a gift may be rescinded Here the ownerslup is neither invalid, doubt. The occasion for the cancellation arises when a person makes 1 gift of his entire property without giving any thought to the consequences wluch such a step will have on clic economy of the family & In making such a donation lic takes away the prospective bequests for luis sons or other licirs who are cliereby put to distress Thuis scems to be regarded as an instance of ucrational or responsible rise of ownership, and the State, therefore, cunnot put its seal of approval on it Freedom to act in exercise of one's riglic of ownerslup is further curtailed by the provision thuc any gift or charity made in favour of undesirable persons or for evil purposes will be regarded as inopcrativc, 67 When tlic beneficiary is known to be a bad character or the purpose for wluch any pecuniary help is rendered, is palpably anti-social, it is easy to apply the rule to make the gift null and void. The righe to apply the rulc rests with the State, but it is not made clear wreclier in the event or'a difference of opinion in regard to the justness or propriety of the allegation brouglit forward, the masser is to be left to judicial investigation, for in most cases where a gift is made, there may be some wlio feel deprived and may be easily persuaded to raise a complaint under the shelter of the prolibitive clause. Sometimes accion under this rule may probably be taken on the initiative of those whose intereses are affected by such a gift.
148 LCONOMICS IN MAUTI YA 10 Excepting these typical cases of State interference to check the unfettered exercise of individual ownership, IS otherwise fully protected by law Thus it a person loses anything which he oves, wherecver it is lie does not for that reason lose ins riglic over it, and is allowed to take every means prescribed by law to recover it got it If it can be traced in the possession of somebody who has no right over it tlic offender is to be apprehended failing which he can lumself have his person seized "S The alleged offender will be required to show how the thing came into luis possession It he cannot give any satisfactory evidence, it will be forfeited and restored to its rightful owner What is of essential importance is that the complainant must be able to prove his ownerslup first If the defendant says that he got it through purchase he must give the name of the seller If he can establish the point tliar lic through purchase and yet cannot give the name of the seller lie will only forfcit the thing If the seller's name is disclosed and he is produced before the court wluch is satisfied with the evidence of his guile che seller will have to pay tlic valuc wluch will probably go to the buyer while the chung reself will conic back to the owner It is alcogether a different case wliero a person holds a stolen article in lus possession and secretly uses it to che full In such circuns tances the offender will pay of caught, not only the valuc but also As the offendec knows the thug in his possession to be a stolen onc, not lawfully transferred to tum by its real ownice, either it was stolen by fum or by soniconc else with whom 11c wis in collusion, be heavily pussslicu A lost article, recovered, must bclony to Quc bus ownership will have bc proved first before the thing is allowed to be restored to lum A considerablc finc will be imposed of onc claiming to be its owner fails to prove luis tele Wlica 1 stolen or lost property is recovered by the government it is to rcniain as an exlubic lot public inspection at some place like the gateway of the toll house and if no claim is put forward within a period of one month and a half it is to be tal en over by the king " Duc nocice laving failed to attract clic aylıful an act it will not be restored after a finc hc must 1ts Qivec to CVALUATION OF OWNERSHIP 149 the article has been acquired by clic Scate. Even when all the condicions, as stated above, are fulfilled, lost property cannot still be restored unless the owner, who has proved his right, pays a ranson at the race fixed for it to the government for having recovered 16. Thus, for a lost or stolen biped the amount of five panas is to be paid; for a 'single-hoofed antınal' four panas, for 1 cow or buffalo cwo panas, for minor quadrupeds one-fourth of a pana. The race for precious stones, and some other articles is fixed on a different basis.40 In these cases the charge is collected at the rate of five per cent of the value of clie article or commodity recovered by the Seatc. These collections are probably in view of the owner's negligence, supposed or real, but there is also the question of chic expenditure to be met to recover a lost or stolen property and for its maintenance or safe custody, which seems to be treated here as one requiring an exceptional, consideration for the value restored to the owner. Losc property, whose ownership cannot be traced or established, must belong to the State. The value attached to ownership is so scal in the eye of the law, that even though a property may be situated in a foreign or enemy country, it is not to be regarded as lost to its owner, 4' in spite of the fact that he is unable to recover it personally for obvious reasons, The State, whose citizen he is, will cake up luis case and do what is needed for the proteccion of his interest in the alien country. In fact, if it is recovered by the State, it will be restored to the owner. A man holding property anywhere, whether witlun or outside his country, has a place in its economy, which must be protected or preserved by the State. Protection of private property is one of the primary functions of the State. It 1 citizen is robbed of anything and the governmental machinery fails to track down the thief and recover it, the State is held co be under the obligation of paying the cquivalent valuc to its owner, wlio is thus compensated for its loss.“ Ownersbsp. otherwise inviolable, ccase, being barred by limitation, it habitual neglect is shown in its functioning. Exemption from the bar may be obtained if it can be succesfully pleaded thac prolonged interruption in the exercise of the legal responsibility carried by ownership. for a period, which is in excess of the can 150 ECONOMICS IN NAUTILYA cs, with permissible limit, was due to any of the exceptional causes, recognised by the law, as inentioned already in connection with the rules of deposit sucli as minority, old age sickness, etc. How reasonably wide Is the scope covered by the exceptional clauses can be understood from thie fact that se includes quitting a country due to internal disturbancproperty left 113 it and going on a journey abroad, among the factors which negative the usual time bar 15 In short where IC is 201 possible on physical grounds or for unforesceable circumstances of a compelling character wluch are specified in the law, to take duc toterese in the preservation of one's property, tempting another to occupy it, the bar is not effective, ie, the ownership continues to be valid But this is lost in other cases Whiere a field is lying in the occupation of anothicr for ten years or a residential house for twenty years without any opposition from its owner, his right will cease During a period of political uncertainty when for the time being normal government does not properly function, property left by its owner may be occupied and used by another person. This does noc Sive che latter any righe whatsocver over the property even though he may be a relative of the owner, a learned Bralon, a pāsands or fieretic " For the protection of ownershup the rule applies cqually to deposits, pledges investments, boundaries, etc, whicli thie existing rights and liabilities are fully maintamable against any acc of appropriation under similar circunstances 45 in respect of CHAPTER XII Property, Kinsbip and Matrimony Property is of two classes self-acquired and muliersted According to an authority, quoted in the Text, even if property, left by a deceased person, consists of a broken pot, it must be divided into f roper shares for distribution among lus fieirs 1 Thic object in holding such a view is to emphasise the point that whatever is leíc belund by a dead man slould not be thrown away, buc created, no matter however small and unsignifican" it may be according to the rules of tolicricance which must be observed with the strictest accuracy icrespective of the size or value of the legacy. Wlule agreeing chat these rules should be followed, Kautilya is emphasic in declarıng that they are to apply only to the distribution of clungs which have a real, material value , 3 mere formal or mechanical adherance to the rules, where there is no property of any worth is left, is useless and is a pretence. So long as ancestral property is not divided, it is entirely the property of the person who owns it. He lias no legal responsibility for preserving it for the benefit of bus heirs. At least there is no latv to compel bum to do so or to use it 10 a particular manner and none other, but it seems to be implied that if he lias farth in the ritual of Sraddba he may be persuaded to think that something wluch lins a value should be left belund to meet its cose and thus to cnable luus lieic to perform the site after his death to the satisfaction of the departed spirits of lumself and luis ancestors and thus continue the tradition of his family. The order of succession is from father to son (prirsto dayavibhagab potrodravyānam) where a son is left ' Whatever sliate of ancestral property comes to a son it does so, descending froin his father as he leaves it at death or to which he is entitled while alive Thus if the grandfather is alive and the property is not divided in the life time of the father, his son, when the division takes place will have the IE share whuch would have fallen to the lot of his father, if alive the father receives luis share in his life time, his son will inherit only among them. 152 ECONOMICS IN KAUTI YA whit is left by the father at huis deich, if not divided by hum carlier If there arc inore than one son, the same share will be distributed If a grandfather lins a number of sons, cach of themi will have a share of the estate, and the son or sons of cicli of them wall liave nothing more than that shase, to be partitioned, if necessary. wluch would liave been allotted colum, iflic were alıve to receive 10 as a result of partition according to the rules. Ancestral property muse descend in this order of succession up to the fourth generation, beginning from the great grandfather. It it is undivided even up to this stage tlic surviving leics, as specified, will be deemed to be on the samc footing, caclı receiving an equal share. The sacred duty of offering symbolic food to dead ancestors continues to devolve up to the fourth Seneration. The eldest son, if his father bas only one wiſe, bas a special share of the property. This share, according to the rule which the followers of Usınas adopt, comes in the form of a selected item to be offered to him, varying according to caste. Thus the cldest son of a Brahımın gets hus fatliers gones, that of a Kshatriya his horses, 1 Vaisya his cows and a Sūdra luis sheep. The middlemost son las also a special item and so also the youngest son. But these special items are only particule varieties of the same animals mentioned for distribution among clic eldest sons in respect of the different varnas The animal for cach caste seems to be selected for reason of its specific tisefulness for the particular occupation of that caste, to follow which appears to be considered to be 1 duty more essential for the eldest son than the younger ones. Bus case may conceivably arise where a particular animal constituting the special share, as mentioned above, may not be available for allocution to the eldest son, though usually It must be found it economic functions, as closely relaced to castes, remain unchanged. Valucs change when one economic phase is followed by another in tlic course of evolution. While the idea that a special share must be earmarked for the eldest son still rules in view of the continuity and persistence of the traditional faith, this share more frequently comes to be represented by a percentage of the value of the property left for discribution among the Surviving children, offered to the eldest, over and above lus usual share as a son. Thus PROPERTY KINSHIP AND MATRIMONY 153 the ritualistic feeding of ancestors for wlich he is to be given some economic help in this form of an additional share. It is not indicated on what basis che percentage as required by the school of Ušanas is to be fixed, but the principle involved seems to be that the extra shacc should be a moderate one. Precious stones are excluded from the property when its value is estimated for the purpose of deter mining the special share due to the eldest son. In the relevant rule, firstly, no special share is expressly provided for the middle or the youngest son, and secondly, no distinction is made caste wise with regard to the proposed reservation for the eldest son, which in the absence of a specific direction is to be caken as the same, irrespective of his caste. It may be noted further that whereas the rule, which gives a particular species of quadruped to the eldest son, appears to attend to the castc to wluch it is applicable, it is explicit in the rule which gives a share of the value that it satisfies the condition required for the proper discharge of one's duty towards one's ancestors' The above rule with thc proviso IS followed by another wlucl specifies the preferential sliares for the three sons, the eldest, the middlemose and the youngest, which are to be selected on a different basis Anothier distinguishing feature is that the distribution 15 not necessarily or wholly in consideration of the primary obligation of the eldest son to perform the traditional ritual, for it is stated chat even if he follows an occupation which is not proper for his caste, and refrains from the sacred duties which must presumably be interpreted as including the one of offering oblations to the manes, he will still liave at least onc-fourth of his special share. But he loses everything as a punishment for libertinism. Thus rule, as it is Les carnmalers 10 dhe scare that s does not make av alternative suggestion as to how the special shares are to be determined in the absence of the items noted for distribution on a selective basis, while the rule attributed to the school of Uśanas seems to require an evaluation of property without naming its components, excepting some article of high value which are kept outside the calculation in this connection Usanas's method can be applied in all cases, whether the property is of a rich man, or of a poor man, for it is the value of the property, whatever it is, from wluch 1 certain proportion is separated to constitute che 20 154 ECONOMICS IN KAUTILYA special share to be given to the cldest son, The other rulc contemplates an estate that must contain soinc specified articles which none but a father of some means can be expected to leave for luis sons. These articles are the deceased person's carriage and jewellery, which are to constituce the special share of the eldest son, luis bed, seat and bronze utensils, personally used by him, to be offered to luis middle most son; and black griins, iron, utensils of domestic usc, cows and carts, which must go to the youngest son. If there be any other articles left, they should be evenly distrsbuted (seshadravyānām-ekadravyasya vā samo vibhāgah).10 Kautilya, as altcady stated, while considering the question of partition of heritable property, puts stress on the need for ebe property to be of real value. This insistence is reflected in the rule which shows what typical articles, he has in view; that must be divided in the manner required. A special share for the eldest son is not lost sight of in the further elaboration of the rule in the form of a proviso. But this special share, again, is no more itemised on the lines of the rule itself but is converted into a proportion, which must be chat of the value of the property. The reason for this step is not stated to be that, where a property is found lacking in the articles named in the list, these being not available for distribution, the other inethod, viz., the determination of the special share on the basis of the value of the property, will have to be followed. It appears, therefore, thac in every case a special share is to be admitted for the eldest son in accordance with a customary role, wlicther dependent on the value of the property or a che form of some sclect articles This sliare now to be made an unconditional gift. For, according to the followers of Uśanas it muse come to the eldest son with no string attached to it, it being implied that he will, as a matter of course, fulfil his religious liability to ancestors to deserve the special consideration he receives in the distribution of the parental property. In the other case some conditions are laid down to entitle him to the fullest benefit in connection with liis special share He does not get the full share if he does not have the qualities that make a man (manushabına) How clus deficiency is to be interpreted in terms of law is not made clear. It the custom, which is blessed with legal sanction, gives a special share, as already referred to, he will have only of that share due to seems be may mean PROPERTY, WINSHIP AND MATRIMONY 155 the defect. 11 If, as the advocates of Uśanas's view hold, to th should represent the value of the special share, and this is in accordance with the custom generally prevalent, under the proviso this will be reduced to go of the value of the property. The special articles, if left, such as the carriage and jewellery, can similarly be cvaluared, in which case lie will have of their current value, for the articles themselves cannot possibly be divided Into parts. A further reduction as well as total elimination is proposed under other circumstances, as already pointed our Ic may observed in this connection that the disqualification indicated by the expression manushabina must be of a nature different from that which accounts for the reduccion to 14,12 the reasons for which appear to be connected with occupational and religious delinquencies. It lack of the abilicy required to improve one's fortune, it will be useless co give select articles of comparatively high valuc to a man who 1$ unable for some constitucional or other defect to make the best use of cliem. If this is how the expression may be reasonably interpreted, it will be seen that inheritance is intrinsically regarded as a steppingstone to further prosperity. But how the merit test is to be practically applied before partition and what is the standard qualificacion, insisted upon by the law, is not explamed Once the share in full has been received 1c will be a complicated procedure for the recipient co be compelled to surrender any part of ic if at all it may be possible to prove him disqualified afterwards By the eldest son is to be meant 'the first born'. 13 The rule scems to be that if a man has more than one wife apparently of the same caste and married according to sacranicntal rites and has sons by them, the one who is born first among these is to óc regarded is les cldest son 14 Children through wives married not in accordance wich sacted sites (as in the first four forms of marriage) cannot vie with children born out of sacramental mariages for prinogeniture as required by the rules of inheritance. If there is no difference the among mothers due co varying forms of marriage or the presence or absence their of virginity at the cime of marriage, the earliest born amoug children is probably judicated co be treated as the cidesc son of his father. 15 In the case of cwins, thic earlier born will have the status one 156 ECONOMICS IN KAUȚILYA of the eldest son for purposes of inheritance. While the law of inheritance gives a lugher status to wives married according to the approved forms than to those married according to forms tradtrionally regarded as inferior, and also inakes a distinction between wives on thç basis of virginity. it does so when the superior ones, judged by tliese standards, accually exist in a family, chius rcquiring che distinction to be legally recognised. Where this kind of distinction does not exist the only criterion for determining priority primogeniture will be of birth ; and who is considered to be the oldest in such cases will not consequently be denied chic usual privileges open to the eldest son. The special right of the eldest son in some specific cases is not an imperative. Thus a different principle, not necessarily primogeniture, is to be adopted in dividing parental property among the Sūtas, thic Magadbas, the Vratyas and che Ratbakāras 10 Property in their cases will have to be distributed on the basis of the principle that whoever is or are self reliant will get the whole of it and that the remaining others who lack this quality will be entitled to maintenance only with no shares allotred to them. If, lowever, none las clic necessary quality, che distribucion is to be in cqual shares. Conditions of service among the communities mentioned are probably such that it is not usually possible for all the sons in a family to be properly employed to enable them co ucilise the shares, if allotted to them individually. The custom among them seems to be for a number of dependents to live and grow under the protection afforded by the leading member of che family in exchange for the exclusive economic right bestowed upon him. The property chat lic jalicrits to clic exclusion of luis brothers may not, bawere, be suffisat for the liability wwwposed upon tos shoulders It is not laid down chat chis liability is to be commensurate with the value of the property assigned to bin. It he is legally responsible for their maintenance, even though the estate may be inadequate for the purpose, lic is bound to fall back the resources, LE any, carned by him through personal exertions to discharge this duty assigned to lum, Under thus system ancestral property is not regarded as a kind of joint property with its managemene lying in the hands of the most capable son, the others having their shares, though undivided The former may, upon PROPERTY, KINSHIP AND MATRIMONY 157 quire naturally, use the inlicrited property for garnful ends and succeed in lus plan. When he dies, the same principle must be adopted to settle the question of succession. Supposing that a qualified here is found to whom the whole of the property is now transferred, if with respect to this property thie system of succession remains the same and is applied without interruption for some generations and the property increases in the same process, there will be no fragmentation of the property and elle accumulation will have a continuous history of growch for the use and benefit of dependents as well as those who probably do not contribute actually in a responsible capacity to the development rcaclied chrough the labour, intelligence and skill of tlicic leaders in its successive stages. In laying down the condition for exclusive succession, the rule docs not show that it is to be confined to any particular son or his line, chosen according to a certain order of birth. The rule, as given in the Text, is also so brief that it omits to say to what degree of relationship the liability for maintenance, as already stated, extends. The law which holds that cqual sliares should go to all che sons of the deceased, in case none of them is specially qualified to inheric the whole property left by him, shows a trend cowards an equitable distribution of it, a drift towards bringing it closer to the widely accepted rule that ancestral property should be partitioned, irrespective of any standard of fitness among surviving malc children except where it is forbidden by a special custom of limited application. While fusion of different communities has its own way progress, in the distribution of ancestral property, liowever, the socio-economic difference between one community and another in the hierarchy of castes is an element that has a place bearing on che question of the determination of its shares. Intercaste marriages cannot be wholly prevented by law A Brahmin, who is asked to marry only within his own castc, may cake wives legitimately from the three other primary castes also. The property which he may leave behind well have to be divided among his sons whose mothers are of different If the mother is a Brahının by caste, like her husband, her son will have four shares, the son of the Kshatriya wife will have three, that by the Vaisya wife two and by the Sūdra one only. Thus, ot castes.
158 ECONOMICS IN KAUTILYA two WIVES caste. irrespective of the number of sons, given birth to by the mothers of the different castes, cliey may have the shares, according to tlus rule, as determined on the caste-basis, will temuin fixed and remain available for distribution among the surviving sons by the same wife. Bur not all the Bralimins may have wives from the four principal castes, He may, for example, lave only-one from lus own caste and the other from the Kshatriya In such a case tlic son by the Kshatriya wife will have the same sliare as that of clic son by a Bralımın wife, probably after the special share or its cquivalent valuc, which is duc to the eldest son, 17 luas been deducted from it. The same principle of division is to be followed to the case of a son born to a Kshatriya by a wife of his own caste and that by a wife of the Vaisya caste, provided the latter is qualified, otherwise he is to have a halt of the former's sharc, 18 The question of qualification does not appear to be raised as between sons by a Bralının wife and those by a Kshatriya wife. Though caste considerations have a place in the formulation of the law of saliccitance, inferiority of caste is no bar to unheritance. As noticed above, the rule favouring an equal division, insists as a condition frecedent that the Kshatriya's son by lus Vaiśya wife must be a man in the proper sense of the term, which probably means that he should have a que sense of respect for the tradition, of his father's famuly and not be one engaged in a degraded occupation. For him to be raised to an equal status with the other son whose mother is a Kshatriya for the purpose of the distribution of their father's estate this qualifying condition provable in law, is a necessity, which must be satisfied. Although so far as the question of inheritance is concerned, the law gives generally a higher consideracion to children born out of marriage in the same castc, the rigidity in respect of unequal marriages between males of higher castes and females of lower ones is relaxed as the above clauses show in some exceptional cases Finally, the caste question is relegated to position, subordinated to the overriding consideration given to sonship for purposes of inheritance in the cule, according to which, if a has two wives, one of his own caste and the other of a lower one, and luas one son by cishes of them, and by the other none, this son will a mioor 11131 PROPERTY, KINSHIP AND MATRIMONY 159 get the whole estate, though lie will be bound to maintain chose who were lawfully fuis father's dependents. An exception is noted in regard to a son of the Pāraśava caste18 born to a Brahmin facher, who will get one-third of his property and the rest will go to a Sapında relation of the father (1 e., one who has the obligation to offer oblations to the deceased person and luis ancestors), in his absence to one belonging to the same kula as that of his father, though not a Sapında himself, or failing him, one who used to live with him in the same house, for the sake of offering Srāddha. Thus the Pāraśava is not allowed to inheric the whole property as the spirits of his departed father and his ancestors cannot accept food from him due to his low caste. Hence two-thirds of the property will have to be set apart for assigninent to those who, according to the requirements of the sacred law, are competent ro perform the holy ritual. Thus the rule of inheritance acknowledges the force of the cusrom which requires ritualistic ancescor-feeding as a binding obligation linked up with the distribution of property. Where the deceased does not leave behind any one belonging to one or other of the three alternative categories, to whom the residue, after the share has been offered to the Pāraśava, can be made over, luis ächärya (teacher), or in his absence, his disciple will receive it. 29 But even if neither a teacher nor a disciple is found, the last alternative cannot be for the State to take ir over, as a Brahnun's property is not allowed to come under its possession in any circumstance. If one is not able to produce a son the law allows him to appoint some person from amongst his mother's kinsmen or those belonging to his own gotra, to beget a son on his wife according to the custom of psyoga 20 A male born out of this contact is to be regarded as luts own son who will get his property, and through him the duty of prope tiating ancestral spirits will continue to be discharged. As the question of the division of property and the responsibility for the performance of the ancestral tite are vitally connected with sonship, this must be proved to the satisfaction of the accepted rule of succession which must be clear on the point. If a son is begotten on one's wiſe Vicariously, the law must give a fare direction as to the location of the fatherhood concerned. Three different views are expressed on this ponie. Some hold on the basis of the maxim that the seed sown in a 160 ECONOMICS IN KAUTILYA field belongs to its owner, that the son belongs to the husband of clic woman on wliom he has been begotten. The second view is that the son is of the begertee as clic other man's wife was used merely as 1 vessel to contain the seed chit caused his birth. The first VICW regards the liusband as the master of his wife, whose right as such is absolute and indivisible, wlule the sccond, apparently rejecting this standpoint, holds the begeccer shiolly responsible for the action thirt lcads to fatherliood to which his claim must be admitted in law. Kutilya's view differs from both..1 He lays down the rule that a Kshetraja son whether the appointed begetter is of the same gotra as that of the liusband or of a different gotra, is to be ascribed to a double figlicrhood where the begetter has no son of his own to succeed lum. If thic gorras are different, thic cluld will have the gotras of both, but only one golra if those of the begetter and of the mother's Irusband are identical. He will be competent to offer oblacions to the ancestors on both sides and inherit the property of both. Thus while the mother's husband is to be regarded in law as thc father of the son begotten through niyoga, in 3 particular situation Kuutilyseems to apply an economic rule to the solution of the problem of fatlierliood inherent in che custom. One who sows the sccd must have a right to a share of the produce or some other consideration in lieu of it, 16 will be a denial of this right of the owner of the field enjoys the whole benefic accruing to lus possession to the exclusion of clic atlier individual who is made actively responsible for its fertilisation. But if and when the Ksbelrajz soni, due to this theory of double parenthood, gets thie property of both the 'sower of the seed and the 'owner of the field", economically lie is placed in a better position than an SNTANA son, for the latter gets only wliat is left by his father in lineal succession to his estate. Law is to draw a line of demarcation between self-acquired property and unduided ancestral propercy. Whatever is proved to have been erned entirely through one's own skill merit or exertion, must be long to him, and cannot be joined to the ancestral property for purposes of partition, 22 It seems that before parcition of ancestral property, property, claimed to be self acquired, is also to be presumed to be a part of the former. Tlic claim is to be proved and established before PROPERTY KINSHIP AND MATRIMONY 161 a it can be accually treated as self- acquired Everybody has the right of owning what he earns whether living in a joint family or outside, but if it is shown that an increase in the undivided ancestral property which person claims to be due to his own effort, and thus attempts to bring it within the meaning of 'self acquired property', has in fact, been secured through him on the basis of the undivided ancestral property itself, it will not be regarded "self-acquired property' in the legal sense of the expression In that case he will have a special share only of the increase for his personal service while the others will have the rest when the partition takes place To determine whether a property is self-acquired or not may not be an easy matter in all cases where che question is raised. A narrow interpretation may attribute any rise achieved through personal efforts to some kind of support derived from undivided ancestral possesstons its original as source Those who live in a joint family are to be presumed in law to have common interests, but for that reason it is not granted that any one of them will lose any interest which is his own, as apart from the interests which in the same manner and sense are rightfully those belonging to the others Even if the brothers live together with parental property already divided among them or without it, all interests are to be redivided whenever required aputridravya vibhakta potrdravyā vā sahajivaniah 29 This appears to be necessary particularly for the reason that property descending froin father to son requires to be clearly specified. The issue whether one of them has acquired any property through personal exertion, and, if so, in what way it is distinct from common interests or separate from similar personal acquisitions by the others, presents Itself for correct legal solution in the case of a fresh division In default of a son, property will pass after one's death to che deceased's brothers, those who lived with him or to his daughter or daughters, if born out of a sacramental marriage In their absence the father of the deceased, il alive, will get 16, and in his absence his brothers and their sons Each such brother is to have no more than one share, and if any brother is dead that share will be divided among his sons (posurekamaisiais bareyuh) Uterine 21 162 ECONOMICS IN LAUTILYA property of in brothers born to different fathers will inherit the their respective fathers only (sodaryānam aneka pstrikānām pituito dayavibhagab) 2 A father may divide the property during his life time, but so doing he is not allowed to make any discrimination among his sons without serious reasons in support of the step. The right to discriminate is given to him only in exceptional circumstances, ocherwise he is under the complete control of the rules of succession The right to make a distinction betweca sons in regard to the distribution of his property, however restricted it may be, is specifically mentioned as exercisablc of the partition is to be effected during his life time $$ It che property is divided before his death, the division will not naturally cover whac he keeps out of it to carry him through during the rest of his life If anything is left behind, it may be supposed to require a further division or some arrangement is to be made for its disposal But in regard to this the Text does not give any hint. Undivided property is allowed to be divided among those having shares in it, who have attained majority. If at the time of division some of the heirs have not yet attained majority, whatever is due to them as their shares after all their claims during the period of minority have been settled, shall have to be placed and kept in the custody of their maternal relations or village elders until they reach majority, ** The same arrangement to be made in regard to the shares of those who are away from home. For the minors the cost of marriage is to be provided for which must be of the same amount 35 spent previously in connection with the marriages of the other brothers It is obvious that this amount will have to be deducted cqually from the shares alloted to the brothers who have married and settled If there are unmarried sisters, 27 the cost of their marriage including gifts will have to be similarly borne If the property is encumbered with debts the liability for their payment is to be shared cqually with che assets Thus the law of inheritance is lifted into a purely materialistic region in working out details for the sausfaccion of claims over articles of value and their proper distribution Only when there is no property to be divided, a non-economic moral in lile PROPERTY, KINSHJP AND MATRIMONY 163 responsibility has been fastened on the eldest son. As already men. cioned, the eldest son is given a special share, which is subject to modification under certain circumstances The award of this share in his favour is explained as being due to his special ficness for the religious duty imposed on him. But his distinction from the other sons is not based on this factor alone. It is said that even if no property is left by his deceased father he is to be cnjoined to maintain his brothers at his own cost, perhaps not under any legal compulsion 88 The division of property must be accompained by an accurate declaration, before witnesses, of common as well as special sharcs clearly shown. If in this matter there is any foul play, the partition will have to be cancelled and a fresh one to be inade in a correct manner. The statement of reasons to be produced demanding such a cancella. tion shows in how many sinister ways interested people may seek to deceive their co-shacers, if they are not sufficiently alert. When once a division has been effecced its legal defects, if any, may be derected after some time has elapsed Complications may arise if any transaction is made in the meanwhile on the basis of tlic partition when 10 is called into question and rejected in a suit In default of a ligittmate heir, a deceased person's property is to be taken over by the king But the number of cases in which such a contingency may arise must be very limited, for in the first instance, sonship is taken in a vary cacended sense, and secondly because of the law on this point is not availed of, there may be many other relations on the parents' side, not to speak of brothers, nephews, parents, uncles and their sons, etc., who may be found available for the disposal of his property in accordance with the established rules of succession. Thus in practice the occasions for the State to exercise an ultimate right of occupying heirless property are relatively rarc. Then, again, if such property is to be occupied by the king, it will have to be proved first that there is none within the meaning of the term 'hair', so liberally used in law, who can succeed to the estate, and for this the State may have to enter into an almost endless controversy czamining cvery possible case of relationship claimed in order to establish its nght. It may also be 89 164 ECONOMICS IN LAUTILYA practically difficult to detect a genuine case of lieutless property when relationship as the basis of the claim to succession has been broadened to such an extent that it may appear that the lasy is particularly concerned with the preservation of private property as such against the possibility of its absorption by the State as the last alternative. To take over private property also means an involvement in its liabilstics. Where, however, the king actually takes over a property, a deduction from it shall be required to be made to provide for the maintenance of the deceased's widow (and other female dependents of the deceased?) and the cost of his funeral rites.99 A Brahmin's property cannot be occupied by the State in default of an leir,31 It is to be given away to those who are versed in the three Vedas. It is to be noted, however, that the law on the point requires that such a gift of the heirless property is to be inade by the king, which presupposes that it first comes into his possession and is then made over as a gift. The Brahmin community is thus benefited by the donacion of the property, carlier owned by a member of the same community. No such benefit of a communal character is available for other social groups in similat circumstances. Some categories of people are not to be allowed to have any share of ancestral property, duc either to a social stigma attaching to them or physical defects, incurable or infectious diseases of which they may be victims 32 Thus (1) an individual who is socially degraded, (2) one born to such a person, (3) one who is impotent, a neurer, (4) one who is totally infirm (zada), or (5) insane, (6) a leper, and be. long to the excluded class of the above 4.5 and 6, are to be supplied with food and clatlung only, but not 1 and 2 (gras-achchhädänam. stare patstavarjāb) If 4, 5 and 6, have wives with property, their children may have shares of it. If a person loses his virility after marriage a kinsman may beget children on his wife, who shall have shares of his property. In formulating the law of succession a great difficulty was experienced in attempting to bring a multiplicity of varying customs prevalent in different localities of regions and among various communitics, and handed down from incongruous layers of culture and diverse chronological and facial strata under the discipline Elsewhere in the Text it is mentioned that at the time of the PROPERTY, LINSUIT AND MATRIMOVY 165 of a unifying process of legislation. The law as presented in thic Text shows three broad principles of division of incestral property coming down from father to son, viz, (1) equality of sliares as in the case of certain inferior sub-castes, (2) reservation of shares will equality in respect of the undistributed rest, and (3) exclusive transfer in favour of a single person. While observation of a certain custom of partition, as prevalent among groups definitely specified, appears to be correct as the law gives its recognition to it in respect of these communities only, the explanation of every peculiar system as being one due to the breach of a certain rule of caste or mariage, for cxample, is confused and not reliable cither from the historical or sociological standpoint The cask of deliberately framing a common code to be applicable throughout the country and to all coinmunities is not taken up. Such a course is opposed to the spirit of the Indian tradition which endons all customs, local, regional,or corporarc as well as those of castes, with the valıdıry of law in the matter of determining succession within their respective spheres Perhaps a common fensure acceptance of the system of valuation of property for the fixation of shares and there proportions under the law of saliers tance, among the groups that keep pace with economic progress. Of the cight prevalent forms of marriage, as noticed by Kangilya. the first four are the Brāhma, Prāzāpatya, Arsha and Dalus--whícht are sanctioned by sacred usage and are valıd with the consent of the bride's father (pstripramānā ścbatvārab dharmyāb)." The remaining four-Gändbarva, Āsura, Rāksbasa, and Palſache arc permissible provided the father and the mother give their consene (mätapiops. pramānābseshāb) While the peculiarity common to slic first four Forms is that the bride's father does not have to incur any expenditure by way of offering a fee or presents to che bridegroom, in al desbe marriage the customary requisite is the gift of a pur of cows to lose made to the bride's father." If it is a Brahma murage the bride must be presented with ornaments the other forms of marriage are concerned there is no specilic reference to this as a formal requirement. grows with the decorating her person. So far as partition of an undivided property the cost of elie en urriage of an 166 ECONOMICS IN KAUTI YA unmarried sister, including that of gifts, is a charge on the shares of the married brothers 55 Thus an unmarried daughter has a right to be furnished with gifts out of the property left by her deceased father together with the cost of her marriage. Among the different forms of marriage it is the ārshā alone which cannot be completed without a gift from the bridegroom's party and as such it comes ncarest to the four inferior forms of marriage where payment of sulka to the bride's parents is compulsory, probably as a price of their consent which is required to give such marriages the necessary legal valıdıry. The amount of this sulka is not a fixed one. If either the father or the mother is dead, the whole of the bulka will be paid to and ccccived by the surviving parent. A woman, when she is being married, receives, or is entitled to, receive the following (1) Sulka (2) strīdhana or a woman's estate comprising (a) a uritis- an endowment of the maximum value of 2,000 panas and (b) avandbyam-probably ornaments to which no limit is ser.36 In addition to these she is allowed to get gifts in the shape of clothes and ornaments, prompted by affection, from all persons related to her on her parental side (saruesbain prstyāropanam apratsshoddbam).? When stridbana becomes available to her it is perhaps intended that it should remain idle, but be put to such use as may fetch an interest on it. When the necessity arises for the surrender of strīdhana, as will be mentioned later, along with ic payment of interest is also a stipulated condition, 38 of the stridbana which is represented by panas may carn interest through prudent investment. In the passage where these different items are mentioned, the term "Sulka' as denoting a fce to be received by the woman berog married is specified as dustrya which may mean the sulks of the second variety when distinguished from the onc, the payment of which to her parents es obligatory on the part of the husband in the second type of unorthodox marriage, 1.c, asura marriage. It this is the correct interpretation, thic sulka to be received by the wife is none other than the one which the parchts collect for their daughter (dubitub) in the four forms of secular marriage. It is not improbable either that being distinct from the sulda, received by her parents, this sulke which is due to the daughter noc ally that part PROPERTY, WINSHIP AND MATRIMONY 167 payment due female's estate as a means of 1$ IS described as of the second type This may bc a more reasonable conclusion since on several occasions it is mentioned as a to the wife from the husband's side Morcover, the remittance of this julka does not appear to be confined to any particular type of marriage, but is required in every marriage, sacred or profanc The rule of succession to śalks after a married woman's death, is, however, different from the one which fixes succession to what is called the Wlule the latter goes to her sons and daughters, in the absence of sons, to the latter, and, if no daughter is left, to her husband, julks together with other articles received after marriage from relatives (on her parent's side) is to be given to them (?) 9 This ſulka is scceived from her husband's side probably as a price for leaving her parent's home to shich originally shc belonged, and is therefore, treated as separate for purposes of succession from the sindhana, succession to which is determined by other rules The value of stridbana for a married woman livelihood realised most in a situation in which she faces the necessity of having to maintain lierself when the usual source of maintenance has been oft lapadarsbam be stridhanam) Normally it is the duty of the husband to look after her wants, but pressure of circumstances may justify its use in spite of the husband's liability in the matter.40 Thus, for cxample, when the husband goes abroad without making any arrangement for her livelihood rather than sit right on her purse and starve, she must spend out of her stridbana for her maintenance She is allowed to use it also for the maintenance of her sons and daughters in law probably on grounds of extreme necessity Other sources failing, she can also use it to resist any immediate danger or for medical relief, or when an exceptional situation rises due to the outbrcak of a tamine (pratirodbaka vyadhs durbbsksha bhaya pratikara also)--to get rid of a cause of fear as well as for the performance of religious duties by her husband Expen ses on these accounts are normally outside the use to which stridbana is specifically to be devoted It may be asked why spending for such purposes, as specified above, has been explicitly stated to be unexceptionable in sacred marriages Two reasons may be offered in explanation of this Firstly, as a married woman has only a limited life interest cut 168 ECONOMICS IN MAUTILYA in her stridbana, which after her death goes to her heirs, she can. not use it with the same freedom as an owner has in respect of his property where his right is not similarly restricted. For this reason the scope of its legitimate and justifiable use lias to be distinctly specified. Secondly, if her action in spending for purposes mentioned above, is held proper, it may go to strengthen her claim for a special consideration of the situation later becomes favourable for a correcc stock-caking, although there is no ind cation that it is to be pressed as a legal issue. If the husband and the wife, married according to any of the four sacred forms, by mutual agreement use the stridbana for three consc. cutive years provided they are parents of a couple of children, no future complaint from the wife is to be entertained 41 No doubt the stridbana thus spent benefits not only the husband and the witc, but also the children who are its ultimate heirs. Hence it cannot bc said that they are doing something by mutual agreement which goes against the interest that the children potencially have in their mother's stridbana. But the financial security of a wife, married. according either to Gandbarva os Asūra rites is as strong as the law can make it under the rule that if the stridbana is used for similar purposes the liusband must return what has been used with interest. In the case of a Raksbasa or Palśācha marriage it is a crime to use stridhana way, for which the guilty husband is punishable as a cluef" Indications of deferred payment of stridbana or portions thereof being available, it may be supposed that it is not considered a legal siccessity that this must be in the hands of the wife as soon as she is married. Tlus may be inferred from the fact that when a husband takes a second wife for some lawful reason, it is Incumbent on him to see if the stridbana and thic kulka due to the discarded svile still remain unpaid.4 But when a wife prce deceasing liet husband leaves her stridbana for transfer to her heir or lieicess, it is evident either that she was in possession of it at the time of her death of that her legal effects, if not already settled before she died, are to be settled afterwards for the purpose of succession. Tlie possibility of the use of the stridbana on certain occasions, co wbich telerence has already been made, in the absence of the normal in this PROPERTY WINSHIP AND MATRIMONY 169 of the spesource of expenditure, cannot be considered unless at least a part of it in the form of ornamınts is already available for any cified purposes. If a husband dies before his wife, her claims to the endowment and jewellery (1.e. stridbana) together with the unrealised portion of the ſulka, duc co her until the time of his death must be conceded. But if she wants to marry again, a resettlement will be necessary. which will be of two kinds under two different sets of circumstances She is allowed to keep all that she received from her late husband and his father if she chooses to marry one who is cheir kiasinan (a younger brother of the deceased, for instance). through such a marriage lier connection with the former husband's family remains unbroken with no new provision required to be made for her strīdhana But af slc marrics a stranger ic. one who is not connected by cies of kinship with her former father-in law, and is thus outside his choice suassira-prātılomyena)," she has to surrender everything given to her by che latter as well as by the deceased busband. The above rule about the disposal of stridhana holds good if widow, left without any children, marries again. If the widow has children when she marries again her personal interest in the stridbana will ccase, and it will thereafter be regarded as the property of those children, and for the sake of their maintenance she may take such steps as may lead to its increase (by means of judicious investment?) « Every time she marries, the sons born to her by that marriage will get whatever was acquired by her from their farber, and she will have no right to use it for her own pleasure even though :c may be capable of being so used (kāmakāraniyamaps stndhanam uin. damanā putrasantham kuryä!) but keep it reserved for tliem. Thus che weight of social or tradicional cıtlucs determining lice economic status controls the natural bias for considerations of money's worth, the compulsion of which forms a strong clement of luman instinct In the particular instance cited, however, as her sole interest is majatenance, she does not suffer as she gets her stridbans due to remarriage. Wlicn a childless widow does not marry again but remains, loyal to the memory of her deceased husband throughout the rest of her life, slie is permitted to enjoy the studbana till her death 27 170 ECONOMICS IN KAUTILYA 3 woman cannoc ment. with the advice of a person revered by lcs (guru) 4 The remainder left ac dearli will pass to liec legal heit (on the husband's side wrddhuain dāyadam' gachchber) The idea that use the stridbana in any manner she likes, underlying the concept of her economic status, is of such fundamental importance that the rigour of the rule regarding its use which gives lice only a life-interest in it, is not relaxed a bit cven when she has no cluldeen to take it after her deatlı. Stridhana is so important for her in the circumstances in which she is placed that special care and intelligence are needed for its manage- It seems that though 1 woman may have what is called strīdbana, her fitness for the responsibility involved is not regarded as an accepted fact Hence it 15 required, probably not in a mandatory sense, that she should live in close proximity to a wise and respectable person so that her advice may be constantly available to her in regard to her financial interests. IE a woman dies before her husband leaving beluind sons and daughters, the strīdbnna sliall be distributed among then. If no sons are lefc, the daughters will get it, If neither a son nor a daughter is left bclund, it will go to the frusband's loc.9 But certain articles or items are excluded from this distribution. These arc firstly the salka and secondly whatever the woman received as gifts from her parents' relatives and brought with her to her new liome after marriage, which are co be returned to her relatives on the parental side. The things which come back to the sources from which they were received, cannot be expected to unchanged after wear and tear during the life time of the woman who used tocm. Morcover, it is alticult to understand how it, can be imagined that cverything that came to her as a gift or otherwise can possibly be expected to be traced in the belongings of a dead person as if hier solc duty consisted in preserving it, and no transaction were permited in which it could serve a useful purpose cxcn vitun the limited field of maintenance, in the course of which it might be necessary to part with it or fave its form changed. If every- tlnog is to be saved for being ultunately restored to the original source of the gift through transfer, conversion or otherwise, remain PROPERTY, KINSHIP AND MATRIMONY 171 use life-interest, being itself limited in its duration, becomes still more limited to the practical benefit that it can afford, and its may be more hazardous chan profitable to the woman concerned. It is of some significance that sulka is not incorporated in stridbana for which the wife is accountable to the husband's side; the former item on the other hand goes to her parent's eide. Its nature is thus different from stridbana This is a fec in return for which a woman leaves her parental home and goes to live syith her husband It converts her maidenhood into wifehood. She changes her sphere of usefulness from her parents' home to the home of her husband. The sulka is transferable to her parental relatives for whatever use it may be put to, to depucise for hier after her death. A wife wlio fails to give birth to a son within ciglit years after marriage, or one who produces a daughter only and no son within a period of twelve years, since the object of marrige is to obtain a son, it is up to the husband to take a second wife, but this lic is permitted to do only if he makes adequace provision for the first wife by giving her the Šulka due to her at the time of her marriage, together with her stridbana and also moncy (artbam) in compensation for the grief and suffering caused to her due to her replacement by the second wife (artham chadhwedanskan dadyāt)." Non-payment of these is to be regarded as a punishable offence In fact the law is made such as to allow a husband to marry any number of wives, provided he makes a suitable punishable pecuniary arrangement for the life long waintenance of cvcry wife who is thus superseded If the sulka and the stridbana are not available to her the compensatory allowance may be increased proportionately (sulkam-strīdhanamasulka siridhanāyās tat pramānādhovedanskamanurūpāñ cha vrsttım) The security of her position is thus an issue winch is considered on the merits of her tight as a wife, thus though a man marries to secure a son, the wife's sight to maintenance does not depend on the question whether she bears a son co her husband, or not If a husband and luis wife get separated from cach other the former cannot disown his responsibility for her proper maintenance cxccpt when she goes to live with her father-in law's family an independent life (svašura-kula-pravssbtayām vibhaklāyān va). or starts 172 ECONOMICS IN KAUTILYA cutting off lier past marital associations 51 though not taking a second husband, in which case a different problem of financial settlement arises, the manner of whose solution las already been described. In those circumstances where the husband's responsibility (hbarmanyāms remains, provision for maintenanee in the slape of food and clothing (grāsācbcbbādanam) (probably al o accommodation) may be made for an indefinite period (anırdssbtakālāyā), including the requirements (grains of rice etc) of their employees according to their position and number, differing from those to be offered to the wife, which is to be of a special qualicy (yathāpurusha parsvāpar savisesbar dadyat) "? These may also be given to her periodically at regular intervals (nırdoshtakalayam) 10 which case the quota is to be proportionately determined and fixed by calcutation (of what is required for consumpcion for the period to be coverd) As this involves a liability for future payments it seems some kind of positive undertaking is to be given so that in case of default it can be drawn from a soulce pledged in her name(bandhan cha dadyat) It appears that separation concemplated under this rule, may be for an indefinite length of time, pending a final scttlement between the husband and the wife, in which case whatever given by way of maintenance, is given once If so, it must be such as is adequate cnough for a certain period during which a settlement is expected to be arrived In case there is no cliange in the condition, it is not likely that the wife will go without her maintenance, che catlier arrangement chen will perhaps have to be repeated It is not unlikely either that what is required is that maintenance should be provided in a lump, irrespective of the time factor, on the understanding that the husband and the wife may be reunired after a temporary separacion Ic has beert noted above that when a husband marries again, he has to sec that the superseded wife gets her sulka, stridbana and the additional compensatory (consolacory) fcc Under this section it is provided that the husband may mect lus obligation to the superseded wife in the same way as in the case of separation instead of doing so through payment as mentioned elsewhere It appears proable in such a case payment is to be made periodically Where tlus arrangement is followed the legal liability kluich cxists in regard to the use and 15 at. of sulks etc, PROPERTY, AINSHIP AND MATRIMONY 173 disposal of sulka, stridbana, etc. does not attach to a liat she gets from loer husband for her maintenance. The duty in respect of cohabitation on the part of the husband is given such an importance that cven though a wife has seccived the whole of the sulka she cannot wait indefinitely for a busband who docs not return home to perform this duty or whose whicreabours have since his departure been unknown. When a part payment has been recened tlic period of waiting is to be lesser than when the whole amount has been recrved. Thus a viral inatter of conjugal relationsluplas got mixed up with the question of payment of sulka in a very definite manner. But ultimately the normal emotion of a woman has been given a biglier consideration m the rule which says that she does not have to return the sulka or any part of it, received by hier, if she marries again, discarding the absent husband rather than wait indefinitely for his return beyond the prescribed periods. In exercising clus right to remarry she must be fortified by the idea that the step is being forced on her by the breach of a legal duty on the part of her husband, Stridbana, if its definition in the special and listed sense in which it is used in the Text, will appear to be neither selfacquired nor ancestral. Unlike these, the right which it catries, significantly narrow and restricted, the cconomic bencfic wlich It confers on its possessor starts, for example, from the moment of her liusband's death or from that of her super session when the husband takes another wife, 1.e. when there is no otlier altcroative, if she has to remain unmarried, than so depend on it for her livelihood, on such occasions only that she can demand a settlement of her claims under the category of strīdhana but even when it comes imu her proper possessium se carimor ose ne rose as s'e picasts for she has only a life-interest in it. Shic has a double responsibility in this matter, firstly her personal requirements should be reduced to the minimum so that out of her stridbana slac may be in a position to maintain herself during the semainder of her span of life, sccondly she must hold the estate with the consciousness of the very limited character of her tiglit over it, in order that the ultimate interest of its beneficiaries is not affected in any way. 1$ Thus it 15 174 ECONOVICS IN LAUTILYA 2 Although in other respects the rules of inheritance pre strict, a person has the freedom to do whatever he likes with his property, even to squander it away, leaving nothing for his heirs. But stridbana is a special kind of estate which has to be prorected in the interest of its ultimate destination It may, tlierefore be a source of dispute between a woman who holds 10 during her life-cime under conditions of widowhood or otherwise and those who are enuitled to its owership after her deatlı, of allegedly it is used or cnjoyed in a manner prejudicial to their toterest. Then again, further complication lies in the fact that the woman's belongings are not to be pooled together to constitute a single integrated estate under lice possession, but as separate entities, the classification being based on the broad distraction, becween what is called stridbana and other items of value, particularly sulka wluch must not be somed to stridhana Thic bencficiaries of stridband are not identical with those ou sulks, etc Even ornaments and other gifts teccived from different persons on the husband's side and chose on the parent's side respectively are not to be mixed up in a loc as the rules which regulate che use of and succession to strdband are not the same as those applicable in respect of clic other items of property wluch she may hold.
CHAPTER XIII Need of Economic Regulatsons for Social Peace The growch of occupational guilds creates a problem of adjustment between the interests of their members and those outside their organisations whio have to depend on, and pay for their services or products of labour. While these guilds are sources of strength to their conscituents in putting forward their demands it is possible that as they press their own cases, they may be tempted by the power of their organisation to show an intolerance and exclusiveness wliere the Interests of their clientele are concerned. As a craft in course of time forms itself into a guild and the extent of its usefulness develops, the terms and conditions of its service gradually take a reasonably uniform shape. It is then that they may be reduced to a code for the regulation of its business relations with customers, clic interests of the guild as a whole being felt as identical with those of its individual members By such regulative action chances of friction are sought to be eliminated as far as possible but the rules prescribed must be generally acceptable. In Kautılyı, althouglı the principle of control is worked out in some detail in respect of a few types of occupation only, there is no reason why, once established, it annot be extended further, if necessary, to cover otlice occupations also where uniforin rates and condicions may be found useful in the interest of many in similar circumstances (anyān vāras er)? It is obvious that among the services concerned some liave a sort of undeniable social utility in regard to certain essential necessaries of life. The weaver is a manufacturer who produces a finished article out of raw materials such as linens, wool, silk, supplied to him by his customer, for which he is paid a remuneration at the end of his work. The weight of the thread supplied to him is to be increased in the proportion of 10 10 11 to manufacture the required article and to keep it to the standard quality and thus make it suitable 176 ECONOMICS IN LAUTILYA for use. The manufacturing weaver who is supplied with the required quantny of yarn gets the price of his labour which inclu des the cost of soaking material used by him to make the yarn fit for manufacture Thus it from the price received, the cost of increasing che weight is deducted, the balance will represent the rest of the total making charge as fixed on the principle, according to which it is to bc equivalent to the price of the yarn (sistramülyam vānavetanam) used in the manufactured article While this is good enough fot an ordinary cloth, in the case of a silk piece, the wage is 1972. and in the case of a woollen article it is double the cost of the inaterial used 3 The next condition to be observed is that clicre should be no loss in the length of the yarn supplied by the customer. The value of the loss, if any, will have to be deducted from the wage. The same yarn given to the weaver must be used and there should be no change in its quality It a dispute arises becween the partics, It will have to be settled on the basis of these codified terms and conditions and not any private agreement superseding them Thc binding conditions which a washerman must accept are the following: - (1) He must use a wooden plank, a piece of rough stone or stone with an even surface according to the quality of the item to be washed, (2) the same closh received for washing must be returned to the customer and no substitute for it will be acceptable The above conditions relate to tlie use of the different varicties of washing tools for different kinds of costumes and thic protection of the customer's right of ownersłup over the arcicle, not to be replaced by another, which is to be returned solum afces wasking. Another sule makes it compulsory for the washerman to use tem. porarily a specially stamped cloth only and not any other chosen by lum from those received from the customer (in a lor) The stamped cloth may be supposed to be of inferior quality. Its use by she washerman 1 free of charge. But it means some loss to the customer, though legally restricted by the regulation Finally, thic washerman is bound to observe the time limit for the completion of the work, which varies according to its different cypcs 2 NEED OF ECONOMIC REGULATIONS FOR SOCIAL PLACE 177 6 Rates of remuneration are fixed on the basis of tlic varieties and differences in the quality of the articles to be washed. The finer the quality, the higher must be the remuneration. On this principle skilled labour is to be given a special consideration, Thus the wage is one pana for a fine garment (with no reference to síze), 2 pana for a cloth of middling quality and /4 pana for the lowest variety. The remuneration for dying has not been reduced to an infcxıble standard, probably because it is not possible to do so in view of the technical nature of the knowledge required in varieties of cases for distinguishing different types of dyes, specially for determining their colour-complex. Those articles, which are for rough use and which are probably allowed to be washed on blocks of rough and uneven stone only, the rate for a washerman is cither one mäsbaka or two mashakas. When dycd clothes are to be washed the rate is double the usual one In the event of a dispute occurring in regard to a dyed garment It is to be referred to experts, enjoying respect and confidence, for a sctilement of wages ? The reason for this may probably be that only men with proper technical knowledge can give a reliable opinion as to whether the quality of a dyed piece of garment has deteriorated duc to bad washing by a particulat washerman or any loss has been caused to the customer for non-delivery of the article within the specific time. The profession of a goldsmith involves obligations not only to his clientele but also to the State wluch appears to be determined to sup press clandestine transactions in gold and silves Neither gold nor silver should be secured by a smith from unclean or questionable sources, possibly meaning pcople who arc supi osed ordinarily not to possess them except by sonic underhand means, presumably at a lower price, without previous intimation being given to the relevant administrative authority Ic is, of course, an offence against thic State to buy stolen gold or silver. It is a stil greater offence to sccocely change the form in which it is procured by such means as melting, for example, to destroy the proof of its identity. Rates of fincs be tahen as may relation suggesting somnc to the ratio in clic current monetary value between gold and . imfosed 23 178 ECONOMICS IN KAUTILYA silves, of which indications ate given in the rule, according to which, for stealing one mäsha of a suvarna (144 grains) clie offending smith is to be fined 200 panas, while in the case of a dharana (silver weighing about 56 grains), the fine will be 12 panas 16 part of It is stolen. The proportion and the nature of the alloy to be used in the manufacture of a gold article are both fixed Tlus sets up a standard by which the business honesty of the sinitis is judged and also the interest of lus clients protected. Varying rates of remuneration for manufacturing articles of different metals are also fixed. For making a gold article wcigliing one suvarna, with proportionate alloy, the remuneration is its jch, 1. C., 2 suvarna māshas i e., a fixed part of the value of thic quantity of the gold used, wlule for making a silver article wcighing one dbarand the remuneration 15 one māsha, 1. c., i'o dharana (silver) 1º Those wlio manufaccure articles of copper, etc, get 5 panas for every hundred in weight or valuc (panchakam Satam) In other cases the rate is the same although the metallic substances used in the manufacture may be different. It may be understood that the rulc requires payment in silver in the case of silver manufactures (either by weight or by coin if the latter of the required denomination as such is in circulation as a mediuni of exchange) and in gold in the case of gold articles, In the case of other metallic objects payment 18 probably required to be made in the form of copper tokens The remuneration for the manufacture of an article, for which i pala of lead or tin is required, is to be i käkans, and a kákanis will have to be paid for an article of iron of a pala in weight. The prescribed rates, at least so far as gold and silver arc concerned, may be regarded as minimum. These may be doubled in exceptional cases where the standard of workmanshup is of a superior order," In all such cases any thing agreed upon privately by the parties between themselves, which is in contravention of the relevant State regulations, will be treated as cvidence against them, Where there is a dispute it is for the State to find out who lias broken the conditions of the agreement In the process of manufacture there is natural quantitative 1 NEED OF ECONOMIC REGULATIONS FOR SOCTAL PEACE 179 loss If the fixed limit is exceeded, a proporcionate penalty is Imposed.18 A standard of conduct is also introduced for pbysicians, in the interest of public health as well as of the patients who are placed under their treatment. Thus a plıysician who does not attend to hos patient, will be responsible for his death, if his negligence is proved after an investigation A physician lias a special duty to the government, le lias to bring to its notice any case of illness of a particularly dangerous type that he may be called upon to creat. It will be a criminal offence if it is not duly reported and the illness ends fatally. Relations between artisans and customers in a field, as specified, ne settled on the basis, firstly of the details of the technique of cach craft considered in this connection, and secondly, of the current rates of wages applying to different forms of labour or varieties of products There is little scope either for a customer or an artisan to alter the code formulated by the State Next, a higher rate is reserved for skills which are above the average level. Wliere the rate is fixed in terms of the value or weiglit of a thing, in spite of the look of fixity, the rules concerned are inherently adapatable to condicions arising out of fuc. tuations of prices The principle underlying tlie fixation of manufactur. ing wages, as in the case of the weaver, tlic goldsmith, the silversmith, etc , in well-defined relation to the quantity or price of the commodity, to be converted into a finished product, represenes, for what it is worth, a certain contribution to economic chinking, although the factors which go into its making remaining macceally unknown, a proper assessment of the tlicory is not possible When labour charges are being fixed, it may appear that an attempt is thus made to rise above the authority of local rates wluch may be varying from place to place, and stabilise uoform rates acceptable throughout a dominion. The Stace, moreover, frovides for the appointment of experts to consider cases of dispute between customers and artisans, specially wlien technical matters are to be investigated and luglies rates fixed for remu. From the fact thar the rules fraaied nerating skilled craftsmanship tend more to fix the liability of the artisan than that of the customer, it may be concluded that the need to control the artisan's behaviour ji 180 ECONOMICS IN KAUTILYA felt to be greater than the need to check the resistance of customers co his ducs. Artisans, backed by their organisational strength and knowing that the services which they render to society arc indispensable, may not care much for individual customers, and it is for these latter, therefore, that the need is greater to be armed with the protection of law which, as a verse says, is necessary to save the country from troubles caused by their professional dishonesty CHAPTER XIV Dialectics Political Relations and Economic Advance The problem whether it is good for a country at a given time to resort to war or to strive to maintain peace in its external relations is basically related to the aims and purposes of its economic progress under existing conditions. In other words the issue is to be decided only after a close analysis of the merits and demerits, studied from the economic angle, of the two alternative courses, viz, war and peace, of which the one that promises a greater advantage is to be preferred and followed. But a single or exclusive policy as a permanent fixture cannot succeed in circumstances having a slufting or changeful disposition, in those conditions a double line of action may be applied at the same time. Loss and expendicure may be inevitable, but the aim must be to make a gain in spite of them, so that the attaimaient of further prosperity may be possible. Hence if it is found chac by peace with one pouver it is possible to initiate and execute undertakings for its own good (svakarmapravartana) and that by war with another the enemy's undertakings may be obstructed, then the policy should be one that works in both directions—peaceful and warlike at the same time (dvasdbs bbāva) The idea is that economic growth in any country is rendered possible or assisted it it can weaken the economy of its cnemy to its own advantage. Wealth is subject to kshaya (loss) and vyaya (expenditure)' The term ksbaya has been used to denote loss (apacbaya) of yugyas (draught animals, possibly meaning transport) and purusbas (workmien). and vyaya means spending of gold and grains in relation to the time-factor involved. In the present context these two terms are to be understood mainly in their significance as reflecting war time requirements. The resources referred to seem to be spoken of in a representative scose covering trade, industry, commerce and agriculture. It the loss and expenditure incurred or estimated are not outdistanced by positive gains to the advantage of tlie aggressor, military action, though likely to be successful, is not encouraged. Loss and cxpendicure suffered in the vencurc may be irreparablc or the resultant cconomic 182 ECONOMICS N LAUTILYA position may turn out to be static (sthiti), sometimes perilous or stage nating (vrparyaya) 'No mistake should, thereforc, be made in choosing the way for the growth of wealth (uriddhi). This is a duty for a king endowed with true statesmanslup When hostilities break out becween two countries, one tries to boost its own tradc by impeding the free movement of cnciny merchandise to its destination and by seizing thic commodities of the hostile power wlule they are carried along trade routes 6 Thus the weakening of the enemy by strangulating his trade and commerce and strengthening one's own position at his cost is one of the objectives of war If one has to choose between gold and grain on one hand and territory on the other, the latter is a better alternative, for tlus is believed to be the source of all wealth It must not be understood, however that the value of gold and agricultural products is thus lowered in comparison with the importance of territorial acquisition On the other hand thus choice appears to be made on the ground of a reasonable appreciation of their actual value , if it is miscalculared, territorial conquest is ulcımately of no avail Again, an ally, wlio has much gold to lus credit, is not to be preferred to an ally whose wealth consists in the territory held by him The reason for this preference seems to lie in the belief that possibly more can be obtained through friendly relations with the latter by way of favourable trade and commerce in regard to commodities which are most extensively used by his people and can be supplied by tlie aggressor than with a country rich in its possession of gold whose use must be of a relatively restricted character medium of exchange and, therefore, may not be of sufficient benefit to him 62 Over population is not an acute problem yet with the economic planner In fact whether a country is at war with another or not, its policy is systematically to induce men of the enemy country to immigrate to one's own whicre, presumably with material resources still to be utilised, there must be some scope for their employment. A country that loses its human resources loses also its revenue (through the desertion of its taxpaying citizens) and for that reason its economy may be much strain! But to che aggressor this acts take a weapon, which 15 doubly useful People will not generally desert their own as a put to DIALECTICS, POLITICAL REI ATIONS AND ECONOMIC ADVANCE 183 in country, if they do. It is because they may be either faminestricken or otherwise a pitiable condition. Impoverished people are prone to disaffection, if they do not try to save themselves by immigrating to the other country which invites tliem and which is more prosperous, they may rise against tlic government of their own C-lintry ; this action on their part will favour the cause of the aggressor. If tliey inimigrate to his country, he may be in a position to ucilise their services in improving its economic condition. Kautilya, differing from otliers, holds that people who are oppressed by their king are more prone to a rising against him clian those who are in a condition of extremne poverty. But he seems to agree that impoverishment may cause disaffection which may ultimately lead to a revolt." Economic advancement being the aim of statesmanship, when the condition of cconomy is judged to be sound wlule the enemy's economy is dwindl. ing or is in a critical state, it creates a favourable atmosphere for immigration of poor or famine stricken people to the more prosperous country, through which an advantage is gained by it over the country which loses them and thus suffers both politically and economically to the satisfaction of tlic former. When economic gain is the most important objective of a State, the issue confroncing it as to wliether there slould be war or peace in a given situation, mast necessarrily be settled through a process of thinking in wluch economic calculation plays by and large a decisive role. War, it is lield, causes much loss and expenditure. Hence, of the same material advantige can be secured by wat as well as by peace, it will be a folly to march against the enemy. The motive for economic gain is so clearly and emplatically brought out that it may well serve as a convmcing indication of the fact that the desire for territorial conquest is believed to grow out of a dominant urge for econonuc exploitation of the vanquished land for the benefit of thic conquering country wluch directly enjoys its fruits, and thus as its political authority expands by aggrandisement, its resources are developed with the fielp of those acquired by conquest, gring it a place of distinction in the mass of territories which may be welded into an empire. The motive for aggression must not be anything else than the 184 ECONOMICS IN KAUȚILYA securing of a definite that it may lead co. to an gone through gain in terms of wealth in its various forms at the cost of the enemy. But the decision, whatever it turns out to be, must result from an intensive speculation as to the suitability of the proposed course of action for the desired economic advancement. It is not, however, casy to come to a practical conclusion in favour of or against mobilisation in a situation of unusual complexity, where there are many points and counterpoints to be considered in investigating the issue. Doubts and uncertaintics often cloud the horizon. Some cimes, however, the issue may not be so blurred or confused, so that a bold decision may be taken on a consideration of the probable losses and gains because the circumstances examined may be simpler in character and the chance of winning a positive advantage through the means adopted is more or less certain. But whether 10 15 relatively casy form objective judgment or not, the nccessary process of thinking in any case must be to determine the line of action sequired to be followed to strengthen the economy of the country concerned, through war and diplomacy. If action is taken in pursuit of an indescreer policy its effect on the economy may be dreadful. Practically the entire field of economic activity comprising trade, industry and agriculture is kept in view wlien a material gain is tlought of as an end of the application of thic sexfold policy winch embraces statecraft in its different aspects." It is for increase of wealch chat territorial conquest is considered to be of vital necessity, The right conditions for the army to be ordered to march in a campaign is when a buigh degree of probability or conviccron exists that this will lead to a gatn (labba) of advantages as against the loss of tesources wlucli the enterprise will entail. Profic which is a synonym oł wcale or a constituent of wealtlı may originate from different types of aggression and lictice be of varying degrees of importance, not all of which carry thic same significance. These are ädeys, pralyadeya, prasādaka, prekopals, brasvakāls, lanuo ksbeye, alpavyaya, maban, urddbyudaya, kalya, dbarmya and puroga," Tliat which is obtainable with case and can be lield and maintained is called adey. It is implied that the acquision of such a gain does not impose a burden on the Starc's finance or is not beyond its normal capacity to hold 1 Again, this gain is usclul only it wliat is acquired DIALECTICS into a or even worse 13 POLITICAL RELATIONS AND CLONOMIC ADVANCE 185 is not ultimately to be returned to the enemy. The reverse of this is pratyādeye. A pratyādeys cannot usually be expected to turn real or lasting gain, it generally leads to status quo, positive decline, This conclusion follows from a twofold consideration. In the first place, in the pursuit of the gain armed ac, sonic loss and expenditure are unavoidable, then to hold of acquired, further expendicure will be required secondly. Secondly, if it has finally to be returned, all that has been spent on it will be nothing but a frutless waste, moreover, further trouble may have to be faced of the restoration is not cffected by peaceful means Thus the acquision becomes a source of trouble, and may cause financial exhaus. tion, even total defeat or annihilation (urnāśam prāpnols) Io che circumstances, the result which may prove to be of minimum hardship is the cestoration of the former position (status quo) if the expense in making the acquisition is not so great that it can be overlooked It must always be a matter of speculation as to whether there may be a chance in any case that may occur, of some tangible gain originating from pratyädeya, Supposing such a probability exists, it may sometimes be advisable to take the risk and seize the gain that an aggressive act may offer One must consider carefully if, in spite of the attendant risk, it is worthwhile to attempt to secure the likely fruit of aggression, when the probabilities of losses to be incurred appear to be overweighed by chose of gains, both sides being considered from all possible points of view. Probable losses and gains are to be estimated in a relative sense on a consideration of the undernored points 1. Capacity of the aggressor after the gain has been secured for (a) destroying the military and financial strength of the enemy, (b) extracting essences of mineral substances, (c) exploiting big clephant forests, irrigation works and trade-routes, (d) putting pressure on the enemy's subjects by demanding levies and chus practically forcing them co immigrace to his country, (c) securing their good will through distribucion of favours or by giving them employment, so that the enemy will be provoked to cause cheir anger by taking countermeasures which presumably will drive them to an insurrection " Whecher it is possible on the strength of the position acquired to open trade with a power that is hostiles to his enemy, II 24 > 186 ECONOMICS IN KAUTILTA joint action." 18 III. Whether the aggressor is in a position to render help to a besieged friend or to afford relief to the country of his ally or his own from oppression inflicted by robbers and enemies. IV. Whether he is capable of confusing (vargunyam) or neutralising his enemy's friend or supporter, and clien of winning over a relative of the enemy who is displeased with or alicnated from the latter by promising to give him the territory, so that he may remain his ally for cvet, his friendship originating from and developed out af The aggressor must not hesitate to act for securing the expected gala even in the face of the risk which a pratyādeya intrinsically carries if the result of his calculation on the lines indicated is favourable to hıs tacerescs. A pratyādeya niay be a source of cconomic and political gain if the circumstances are such as arc amenable to a firm policy of exploitation and diplomatic manocuvres. Thus even what appears to be of the nature of a pratādeya at che outset can ultimately add to che strength of the conqueror through che adoption of proper cconomic and other means, though he may not be able co kecp the whole of che gain, he may scill derive some substantial benefic which may more chan balance che loss made in acquiring it. He will, in consequence, make the territory of his enemy policically and economically weak by the aggressive steps taken by him which in the same process will also render his own economy sconger. A gain is of the prasadaka type if it is obtained by a rightcous king from an unrightcous ruler and, for chat rcason, is a source of pleasure not only to the king who achieves it but also to others. This gain is one most probably made ac the cost of an enemy who has no friend and is looked down upon on religious grounds or for his foreign origin or affiliations, or one whose downfall brings relief and happiness to everybody, friend or foe, alike ?! That which is the opposite of prasādaka in regard to the reaction it produces in the aggressor's own territory, is called prakopaka, 16., a gaia which makes some people angsy or wrathful, for example, a gan that is made by a king, as specially instanced, withour consultation with hits ministers in consquences of which they become agitated at the thought that he has found out that he has been put to loss and expenditure owing to their negligence or cyen hostility, which dissuad- DIALECTICS POLITICIL RELATIOVS AND ECONOMIC ADVANCE 187 of the ed him from taking their advice in his attempt to make the gain In the circunstances they apprehend that, with his object fulfilled, he may proceed to take severe accion against them. An internal trouble may thus in the end break out over a domestic issue which, it is probably feared. may have an evil effect on his external relations as well 18 If a gain is secured swiftly, 14, almost immediately with the start campaign, it is called a brasvakala gain This generally happens when not much loss or expenditure is incurred in the attempt." A gain which is due to diplomatic success and involves little expenditure of gold and grath is called tsnukshaya (probably including loss of transport and workmen) A gain involving not much cost is alpavyaya, if it is secured by using some provisions only (bhakta mätravyaya,. ).30 A gain, which is considerable and comes into possession as such with immediate effect is called maban 22 Vriddhyudaya is that kind of wealth which can increase or expand itself 22 Evidently this consists of materials gained, which being developed, produce more wealth in future or may fetch a profit or interest That which can be enjoyed without any obstruction of trouble is called kalya (harmless, beneficent)" That which is gained shrough righteous means is dharmya, probably sometimes as the result of some treaty to which both parties are committed 34 Of all these different categories of gain that which is obtained through concerted action without any opposition from for disharmony among) ones associates, heads clic list It appeats that the campaign may be a joint effort to secure gains against a common enemy. IE the aggressor s policy is essentially economic, those, allied with him in the same plan of military or political action, have their policies in chis regard also built on economic faccors and incerests agrecable to themselves When a similar gain can be made through a number of alternative ways 16 18 to be considered which of them ts likely to bring the greatest possible advantage The factors to be considered in chis con nection on a comparative basis are those relacing to (a) cime and place, 188 ECONOMICS IN KAUTILYA (b) capacity (which must be correctly estimated) (c) the suitability of the means to be adopred for the accomplishment of the object, (d) che time needed for clie action to be completed, 10, whether it is going to be long or short in duration, (c) the relative distance from the base of operations (the attacking territory), (f) whether what is attempted co be secured is one that brings immediato gain or when acquired may become a source of increased fortune, (g) whether the gain expected is to be regarded as valuable for its essential ingredients or for its unremitting availability, ie, whether it is important for the plentifulness of its supply or rarity of its kind, duc to its superior quality), the thcory advocated obviously being that when a choice is co be made between things to be fought for and secured, chat which is composed of the largest number of precious attributes (though noc available in plenty) should be preferred because it is possibly considered that on the whole its economic value is much greater chan that of the other things which are not so rare 25 Character and personalssy should be so developed chat luman oc subjective traits in their undiscipltoed state may not obstruct the path to an objective study of the factors that contribute to material advance as well as the judgment that is required to formulate a correct policy for applicacion through all stages towards che achievement of the goal, Obstructions are caused, among other things, by sexual passion, wrach, pusıllanımity precisa, shyness, the disposition of an anarya (lack of refinement) conceir, kindness, otherworldliness or anxiety about the next lifc, impudence, jealousy, disregard for what is within one s grasp or near at hind, oppressive nature, distrust, fear, inability to stand physical discomforts, faith in the stars He is a foolish king who consults the scars constantly. Him his wealth deserts Therefore, one should not wait for what is believed to be astrologically an auspicious moment to give effect to his plans He must on the other hand act without loss of time and with confidence in his power There must be a clear understanding as to what is wealth and what is not wealth for a Srate having aggressive totentions As increase of wealth is one of the fundamental aims of a forward State, its policies must be formulated in a manne helpful to its rcalisation. and ability 25 DIALECTICS POLITICAL RELATIONS AND ECONOMIC ADVANCE 189 Indulgence in passion by a king as well as a misconceived policy (apanaya) is a hindrance to success The former provokes popular wrath transforming the king's owo men into enemics It is probably feared that this may give rise to internal trouble What is perhaps meant is that the king's conduct must follow the standard of tradı tional Justness and wisdom to keep the people contented and peaceful A wrong policy towards external powers which creates enemies outside, is also similarly opposed to econoinic advance Both are known to have beco the characteristics of the Astras and are believed to be responsible for their downfall The lesson to be drawn from this quoted precedent is that loss of political power may ultimately be assigned to circumstances which are in conflict with the forces that lead to economic development ? In the circumstances that cause the prosperity of the enemy may cxlse factors which, though undoubledly conducive to his well being, may be full of advantages for the aggressor also, or may signify therr negation, ie what may be wcalth for the enemy may be not wealth for luim or may even be positively dangerous or harmful to his interests 23 In any case the issuc may be problematic and must tlierefore, be subjected to an investigation before any policy is evolved in brief, 10 is meanc that if the enemy is prosperous for the same reason must It not be taken for granted that the particular elements, which make prosperity, will if they come under the aggressor's control. will give hrn the favourable position held by the former It must not be assumed spso facto that he will be in a position to grow prosperous té le can capture the wealth or territory of his enemy, although gene rally speaking the projected action is not supported by the result of an exhauscive analysis of inherent probabilities and their expected reactions in every case that comes up for decermination The discussion is so far centred on what is described as apadarıba This is followed by a class fication of doubts that occur to a questioning n ind regarding ariba and anariba judged from their respective consequences" Doubts which arise in divergenc cases may be crystallised in a see form of successive stages of speculation as indicated in the Text Thus wliat is understood by wcalch may, in effect, curn out to be its opposite when it comes into hus possession due to the fear arising in the minds of the people on his up his 190 ECONOMICS IN LAUTILYA side (subjects or allies), os bis cnenuses lt will be necessary to consider whether by securing the gain lic may be suspected of strengtheing his position to such an extent and in such a manner that his own men and cucmies may get afraid of it and attempt some means to save thamselves. Unless he is prepared for the contingency hc may have to face 3 scrious threat to his power In such circumstances the first question to be examined and answered is whether or not the end sought will constitute a gain or not. Now the question will be Is this not wcalth or not? The answer can be either affirmative or negative. In answering the question the whole case for or against affirmation and denial will come out Next, 2 doubt will arise as to whether what is posed as a gain so this course of interrogation may actually be a case of non-wealth, both in its content and bcaring, the possession of which may bring forch sad results in the same way it will be natural to argue whether what has been affirmed as anartha may contain an advantage withio itself and hence be worth having Doubts may arise as to whether a particular case offers prospects of a gain, or not (meaning absence of gain, not necessarily loss), or anartha (which mcans no gain but loss with harmful effects), or not anartba fic, merely loss) The problem is that of finding out whether the artha in such a case contains the fcarful clement of anartha Similarly, a doubtful matcer may be whether artba is present in a case that appears to be one of Anartha To illustrate the point as to where speculation will be needed to dispel a doubt, some cypical problems in the form a sort of a questionnaire, for example, have been furnished 29 Thus, it will have to be answered whether it will be a seal gain if an attempe to securc the gain will stir up the enemy's ally into action against him, i e, the invader, or to encourage him to 'nope t'nar t'he enemy will, it weakened, come to actach greater importance than before to his friendship with him Another case of doubt will arise if to seek an advantage it will be proper so win over the army of the enemy with gifts of honour and money may be supposed that the doubt in this instance may arise due to the uncertain nature of the consequence of this approach which, of unsuccessful, will dean fruitless expenditure and furthermore expose the weakness of the invader to undesirable reactions Similarly anutlice typically doubtful casc appears when it will be niccessary to sovestigate 31 It 33 loss incurred in acquiting it able situations DIALECTICS POLITICAL RELATIONS AND ECONOMIC ADVANC2 191 whether the artba spent on making grants of land to neighbouring çulers will or will not lead to loss with harmful consequences Where che aggressor joins a more powerful colleague in launching a Campaign, the result is uncertain It may be cither fruitful or harmful 32 No advantage can be secured from seizure of wealth which arouses fear from all quarters at the same time On the other hand it is a case of simultancous disadvantage because it causes loss and trouble of all sorts since it inay be impossible to hold the artha obtained if tt leads to an assertion of different elements against him apart from the When a gain is likely to invite oppost tion from an ally it involves something which is more serious than a inere loss of wealth, it may have political consequences harmful to the aggressor state Again, it may be possible to expect a gain from one side and a second one from another side In such circumstances a miscalculation aboue chete relative merits may give rise to unfavour Where chances of advantage are everywhere, che aggressor should move forward to secure the one which is more substantial 34 If it is found that two alternative courses can yıeld the same type of advantage he must prefer that which is more important for him, nearer to reach and available with greater constancy The object of the aggressor is to add to thc cconomic well being The protection of a country means protection of its wealth When it faces a danger from outside from which it is impost ble to escape unscathed, it is a problem as to how much of his sovereigacy, composed of six clements including treasury should be surrendered to prevent total disintegration In coming to a decision on this point the ruler when confronted by a danger from outside, should, by wise calculation agree to part with that constituent which is the weakest of all and thus save the rest if required by the circumstances connect cd with the sicuation that has arisen due to the threat If the danger Is from both sides, he will perhaps have no other alternative due to the volume of pressure cxerted on him, than to surrender the more powerful of the constituencs i e, to make greater sacrifices If he has to sacrifice cvecything he has he is advised to do so for may be hoped chat if his life is not lost, he may some day regain huis position A group of six anubandbas (1 c factors gnvariably associated as 35 of luis territory 10 86 192 ECONOMICS IN KAUTILYA gain, nor effects, or inseparable concomitants) is formed representing the different results in all their possible combinations or relations with artha or anartha. Thus in different circumstances artha will have two different anubandhas and another which is neither of the two: (1) arthānnbandhe i C., wealth which brings artha in its wahe, (2) artba which is not followed up by artha as its anubandha (1.e., neither further any loss), (3) artha with evil consequences in its trail (artbānarthānubandha). The other group of three anubandhas is connected withi anartha. comprising (1) anartha with artha as its anubandha, (2) anartha not followed up by artha, and (3) anartha which may lead to a calamity or trouble. When the neighbour of the enemy (who is, therefore, also an enemy of the enemy) es helped with money and croops, it is a case of non-sealth (because of the expendicure involved) which may, however, ultimarcly be productive bf wealth (artha). If while an inferior power 15 encouraged to be drawn into a fight with tlic enemy, thc aggressor himsell withdrawing from it, it will be an instance of non-wealth producing no cffcct. But it will be a casc of non-wealth (anantha) begerung anariba (disaster), when the aggressor withdraus, while luis associate, of a superior poucr, is still in the fight. For by this act he will cause the displeasure of his ally who is stronger than he. In this order of cnumeration that which precedes is better than that which follows inmediately. Ic is co be concluded, therefore, that the artba wluch is productive of wealth is estimated to be of the greatesc value. It is thus scen tliae there may be a kind of artba (wealth) or gain which is productive of wealth, another which is non-productive, still another which does not pay any return but may cven cause some mischicf. Similarly, there is a type of non-wcaleh, though a source of trouble, may be productive of wcalzh, another type which is non-productive 1.6, productive of neither ariba nor anarsba, another, again, which may Jead to further trouble or loss of wealth. The different conscqucnces which flow from arba and ansriba thus form a compace of six different categories, the acceptabiley of cach component being less than the one that precedes ie in the classified order, tlie artha as producuve of wealth with which the account begins, therefore, is of the greatest value and the one which stands at the end is the worst of all. There DIẢLECTICS POLITICAL RELATIONS AND ECONOMIC ADVANCE 193 Thic three distinct stages: is no loss and on the other hand the gain is the hughest in the circumscances counected with the premier category. process of teasoning to be gone through seems to involve In the first stage the features of the extsting collocation of circumstances which is the subject of enquiry are to be argued out. In the second stage tliese are to be compared with the generalised notions about archa, anartha and their various types, or combinations based on observation of individual instances and cxperience grown out of f. JE the attributes of the particular collocation, on an analysis, agree with or differ from those of one or other of these types, this must be affirmed or denied as the case may be in the form of a conclusion. The argument in the next stage will have two premises, the second of wlich will state that the particular collocation referred to above has or has not the attributes of the type of arth1 or anarcha, as alrcady found on comparison, those attribuces, with the relevant type, being stated in the first prehise wlich naturally will be a universal one The conclusion wluch follows from these premises will either affirm or deny a relation between the universal and the particular. Thus if, for instance, a represents artha, and d its known attributes, and c the particular case with which the relation of a is to be judged, the form of the argument, if a negative one, will be as follows All as have the attributes d.' c has not those attributes (c,d) .. This (s. e., c) is not a case of a Or, it will give an affirmative conclusion, as noted below All as have the attributes (d) This (c) has those attributes. . This case is a case of a. The same process can be applied to cover the ground of affinity or contradiction between any particular situation that may arise to offer itself for aggressive exploitation and either artha or anartba in the different forms of each with generalised conceptions of its characteristics But it is reasoning that brings out tlic character of its affirmative or negative side functioning as an active force in its impact on human 194 ECONOMICS IN KAUTILYA affairs, which promotes either economic progress in a Stace, or dooms It to retrogression or even annihilation with tlic withering of its economy which is an indispensable support for political power. Whiad is denoted by the group comprising artba, dharma and kāma (arthatrivarga) is the very reverse of what is denoted by the other group constituted by anartba, adharma and soka (called anartba-trsuarga).** Dharma and kāma of the first group are the antitheses of adharma and śoka respectively. What is adharma can never be dharma or one that leads to it, acıtler soka can ever affirm kāma. These are irreconcilables unlike artha and anartha which may be transformed one into the other or whose respective consequences arc mutually changeable under certain circumstances as already noted. If and where artha Icads to apartha, its former associates--dharma and kāma will vanish and be replaced by adharma and soka, wlucha go together with anartha in the trio-anarthátriuarga. Similarly it follows, that if anarcha becomes con verted into archa, adlarma and soka will cease to exist in such an cvent, and their place will be taken by dharma and kāma which co extst with artha in the artbatriuarga. Thus the line of reasoning adopted indicates that the theory is that wlule artha and anartha are capable of reversing their original relations with the associates comprised in their respective normally formed groups clic associates cannot make artlia into anartha or anarthia into artha. Thus artha (wealth) which represents clie sources of all kinds of material gain and possessions, and anartha (nonwealth or loss, the opposite of artha which may lead to utter ruin in its most accelerated form) are of primary importance in shaping the destiny of peoples and clicie territories and any confusion of thinking in regard to their interpretation may bring about consequences sluch may be difficult to control NOTES [Left col.: Passages from Kauçılya Text (KT) partly indicated by short quotations for facility of reference, and explanatory matters. Right col. : KT.-references to relevant Adhikaraņas and Adhyāyas. Abbreviations used: Bh. (Bhattasvāmi's commentary--Pratipadapañchikā); Breloer (Bernhard--Kautaliya Studien III); GS. (Ganapati Sastra-Kaugaliyan Arthaśāstram-Text and Commentary Srimūla); Meyer (Johann Jakob, Das Altındische Buch Vom Well- Und Staatsleben: Das Arthaśāstra Des Kautilya-1926), Nayac. (commentary–Nayachandrikā), Sh. (Shamasastry, Texc and Translation); JS. (Kautilīyaın Arthaśāstcam, ed. by J. Jolly and R. Schmidt, * 1923). Additional insertions under the same reference number on the left side are in cvery case preceded by the sign ' ; '. Single lyphens separate parts joined by the rules of sandhs or samāsa). CHAPTER I 1. Prithivyä lābhe pălanc cha...ldam arthaśāstrain kțitam. I. I In the passage GS. and Sh. read 'prasthāpıtāni' for 'prastāvitāni' (JS, R. G. Basak --Bengali Translation with Text, Vol. I. 30.). ...... prayogam-upalabhya cha...narendr-arthe śāsanasya vidhih kricah (verse). II. 10. 2. Deśah prithivi. Tasyām himavat-samudr-antaram IX. udichinati yojanasaliasra-parımānati tiryak (GS, Sh, parimānam-atiryak-JS)-chakrayarcı-kshetram yatra-ārmanah sainya-vyāyāmānām bhūmır-abhūtnih parasya sa uttamo desah 3. Baudliāyana: I, 1, 25 4. Manu: 11, 21 5. Kambal-āļin-āśva panya-varjāh śamkhr-vajra-man. VII.12 muktāh suvarna panyāſ-cha...dakshināpatlie. The view of Kautilya expressed here is different from (n-etu Kautilyah) that held by his aclārya 25 196 6. Tasyām cbātur varny-ābhmnycśam sarva bhoga-sahat- VII.11.21 vād-avara-varna-prāyā śreyası, bāhulyād-dhruvacvāchcha 7. Bahula-sācam vă Vaisya Sūdra-balam iti, 1.c an army IX.2 consisting of Vaiśyas and Sūdras is of great worth like a trained and disciplined Kshatriya army. 8. Pravritta husānām-aparigrihītānām shad-bhāgam grih- 11 6 niyāt Sh. ‘parigtılītānam' instead of 'aparigrihitānām'. Meyer takes the passage with aparigrihitādāın in the sense of those who are in the act of killing (animals) 'not caught' (p.190) and 'pravritta hiñsānām' of those who indulge in slaughter. GS.-Srimula: those that roam in forests, those that are ownerless and not procected (Vol. I, p. 98), Sorabji. prayrıttahımsaº-'those whose slaughter is permitted'. (SNAP). Probably the passage means:-- Ich share of animals, wlien they arc being slaughtered, if a share of such animals, when not killed, has not already been collected. 9. Udaradāsa varjam...... brahmanam chaturgunah, III.13 For further details, see the rest of III 13 (KT.) Brālımanam tan-apah praveśayet IV.11 11. Ity-āya śaricam, ..vyaya sariram II.6 12-13. Yah samulayam dvigunam udbhāvayatı sa janapadamı 119 bhakshayati. 14. Karanīyam siddham ścsliam aya vyayau nive cha, II.6 vastamānah paryuslusto'nyajatas-chayah 15. Naslita-prasmritam...anyajātah 11.6 16. Yah samudayan vya; am upanayatı sa purusha il 9 karanînt bhakshayatı 17. Samudāyıkeshvº-avakliptikam (s, sāmudayiº-GS.) vyayam upaharya rāj-ānutapyera 10. 11.7 197 18. Mülabara' ... ... ... 11.9 upon ancestral 11.8 II.12 ...pratislıedhayet; yalı mülaharah. Yo bhrity-atma-pidābhyām-upachinoty-archań sa kadaryaḥ. Eating up (1.c. spending) whatever is produced (or earned). with immediate effect, is an act of recklessness which likewise discouraged with implied stress on the virtue of saving or investment: yo yad-utpadyate tar-sad-bhakshayatı sa tādātvikah; yaḥ pıtçı-paicāmaham-artham-anyāyena blakshayatı sa mūlāharah (1.c. onc who draws money for no lawlul reason is called mūlahara) 19. For an account of there respective duties, see II. 7 (KT). 20. Teshāṁ haran-opāyās-chatvacımsat 21-22. Scanzas: Evam mūlyari. ....kośa bhūshanī containing the line: Kbansbhyo dvādaśa-vidha-dhātur panyan's cha samharet. "Thus he shall raise from mines the twelve kinds of revenue, as the value (of the output), the king's share, the five per cent premium, chc testing charge of coins for the gamu derived from the manufacture of commodities from minerals), the fine (of 25 panas). the toll, the compensation for interfering with a royal monopoly, the special fines, the coinages, the cight per cent premium, the metal or minerals and the profit raised from trading. Thus he should establish the collection of the best part of all sorts of merchandise as From mines comes the treasury, from the treasury comes the army, the whole earth is gained by the treasury and the army, and it has the treasury for its ornament". (JS., Vol II, p. 23). Although Jolly and Schmido refer to twelve kinds of revenus, che above stanzas actually name ten 1.c. mülya, vibhāga, vyāji, parigha, atyāya, sulka, vardharana, danda, rupa, rúpikā. «Mccal or minerals taxes, 198 to the and the profit raised from trading', alluded to in the above translation may be taken as two sources of income in addition to the ten named in the verse. Thus altogether there are twelve kinds of revenue as mentioned in the passage The passage in sloka merre is translated by Sh. as follows (quoted): "Thus besides collecting from mines che che ten kinds of revenue, such as (1) value of the output, (2) the share of the output, (3) the premium of five per cent (vyası), (4) the testing charge of coins (parigha). (5) finc previously announced (atyāya) (6) toll (sulka). (7) compensa. tion for loss entailed on the hing's commerce (vardharana), (8) fines to be determined in proportion gravity of crimes (danda), (9) coinage (rūpa), and (10) the premsum of cighe per cent (rūpıla), the government shall keep as a Scate monopoly both mining and commerce (in minerals)". The stanza has evam sarveshus panyesbut stbäpayenmukhasangrabam', which is translated as. "These cixes (mukhasamgralia) on all commodities intended for sale shall be prescribed once for all". (SH) According to Meyer mukhasaingraha = total GS. takes mukba-satisgraba in the sense of pradhānam sāras-tasya saigralam, agreeing with the interpretation as suggested in the quotation from JS, above. Perhaps the meaning is chac caxes are to be collected at the source. Kangle "Thus from the mincs fie should collect the price thic shate, che surcharge, clie monopoly fax, penalty, duty, compensation, fine, inspection fec, and manufacturing charges as well as the twelve kinds of merals and commodities (made from them). In this way he should fix the collection Incoine.
199 25 (of income) under various heads in the case of all comniodities". Thus kbanibbyo dvadasa-vidbant ! taken qualifying dhātun panyam chia samlaret', and not as connected with the proceding parc wlrich names the sources of inconic. 23. Pasu-pracksāc ārchziz 24. Karadah Karades vādbanam vıkrayam...bralımadeylkesliu 25. Rājā bhūmeh patir-drishtah śāstrajñar udakasya... Il 24 (verse), GS, Vol. I, p. 289. JBORS-XII Ill. 10. CHAPTER II II.1 II. II.1 (canr. 11 JI 1 1. Bhūtapūrvam-abhūtapūrvarii vā janapadam ...kulaśat-ävaraṁ pañchaśaca-kulaparanı grāmam 3. Sūdra-harshaka-prāyam... Sūdra cutivators (wlio are to be preferred to Vaiśya agriculturists) See Nitinirmiti-com. by Yogghama, also GS Vol. I, p. 109. Some think Sudras and agricultural people are Cf. Sorabji, SNAP; - Meyer. 4. Karadebhyah-krita-kshetrāny-arka purushikāni (..c. land for cultivation given for life) 5. Grāma-bhritaka-vaidehakā vā krisheyvh 6. Saliodakam āhary-odakam vă setum bandhayet, inyesbām vā badhnatām bhūmi-mārga-vriksh opakaranānugraham kuryāt 7. Rrevig-ācharya-purohita śrotrıbhyo brahmadeyānyādand akarāny ablurūpa-dāyakını prayach-chhet; adhyaksha-samkhyayak - ādıblıyo... vikray - ādhānavarjat (cf. KT V 3 23. śata varga saliasta-sargā. nām-adlıyaksha .. kuryuh-KT. II 3) Sec No. 6 above vikray-ādliāna-varjam (see No. 7 above) II.1 8. 9.
200 II. 1 II. 24 He soter- 10-11. Ablurūpa-dāyakáni prayachclilct (see No. 7 above) 12. 8 Matsya-plava-librita-panzānāti setushu tājā svāmyatir gachichilice 13. Bahula-parikrishıtāyām svabliūnau dāsa karınakaradanda-pracıkarırıblur-vāpay et 14. Vāp-ātırıkcam ardha-sītıkāh kuryuh. Johnston proposes to separate 'vāpātırıklam' and form a sentence with 'ardhasitskab', adding 'vā' after it. prets the passage as meaning that alternatively the land should be let out to cultivators wlio pay ball the produce as rent' on the vāpātırıkta system which he explains as 'the system under which an amount equal to the seed sown is de ducted from the gross produce of the field and handed over to the tenant', with the balance divided between the ling and the tenant' (RAS, 1929, p. 91). 15. Sva-vīry-opajivino vā chaturtha-pañcha-bhāgika yatheshtain-anavasıtam bliāgain dadyurº, According to Johaston avasica-bboga mcans' a determined share 1. e. the share set out above, a fourth of fifth, hience anavasıta bhāga: 'a share other than those', thus set aut. S's translation, which has been followed, agrees with Meyer's view. In any case the tenant under the system, thus denoted, enjoins on the whole more than half share (krishi-phal-ārdha-bhāga-svikarana. Srimula, GS : Vol. I. p 196) if the reference here is to the same field brouglit under cultivation. It is not explained, however, on what basis the amount of seed to be sown is calculated, which is to be equal, as Johnston holds, to the amount to be deducted for the tenant, Bh (com. Pratipadapañchuka) explains vāpātirikta' as meaning 'vāpād-atırıktam prablútarvāt krishtam kshetrain-asakyam vaptum'-1. c. surplus unsown 201 field, which is difficult to sow directly because of the largeness of the area. JBORS-XII. Bh, understands by 'viry-opajivinah' persons who, unable to provide themselves with seed etc., have to carn their living by physical (manual) labour: vīj-ady-abhāvena kāya-hleśa-mater-opajivinah-svavīrya." Johnston takes this to refer to those who live by the exploitation of their martial qualities, such as soldiers, policemen, peons, cec. (op. cit., P. 94). It vīrya is tahen to mean marcial qualities it cannot denote zny form labour, other than that of a soldier. This view is not, therefore, likely 16. anyatra kruchchbrebbyab. Johnston rejects Sh's Il 24 rendering : 'with che exception of their own private lands that are difficult to culuvate', which Jolly, however, accepts (Fetschaft-Kuhn, p. 29), joining with it 'svasecubhyah' which follows. He takes 10 to refer to cascs where the king's stocks of grain being deficient 'the land should lec out.........' but be cultivated direct. not be CHAPTER III I. II. 21 Sastra-varma-kavacha-loha ratha ratna-dhānya...... nirvāhyam-nırvāhayato...panyanāśa-ścha. According to some, exporting of the articles named is probibcted in this passage. This is also the view Dr, R. G. Basak, Bengali Translation, Part I, p. 17º. But Meyer points out the ditficulty in accepting the proposed interpretation of niruābayats in this particular case. He holds that both importing and exporting may be indicated in this passage (p. 171, fn, 2), while some take the rule to apply to importing only. Versc. Rāshtra-pidākaram....... 2.
202 3. II. 21 II. 16 For Schedule of Toll rates, see II, 22 (KT.) 4. Kretri-samgharsha-mūlyavrıddbil..., prankrettiblanyād-vã......taja arct. 5. The rate of coll to be fixed in accordance with the prevailing custom, or the usage of the community concerned: panzānām sthāpayech-clıbulkan...... (verse) 6. Samkha-vajca-mans...vetana phala-nishpattıbluh. 7. Para-visliaye cu panya-pratipanayor-arghimūlyam ... udayam paśyet; vācipathie chr yāna-bhāgaka (JS; yānabhātaka-GS)......argha-pramānaº. 8. Yach cha panyam prachuram syāt...ckiksity-ārghasi zropayet, sva-bhūmijānām rāja-ponyānām-ckamukham...sthāpayet. 9. Präpro'-arghc vā-fregarding enbancement of rates) 10. Para-bhūmijānasin anekā mukham 11-12. Para-vishaye tu panya-pratipanyayorº-Sec Noce Il. 16 7 above. 13. Asaty-udaye bliānda - nitvahanena pany a-prātıpanyānayancna-lābham paśyet, atavy-antapāla-......... gachchhed anugrah-ārtham See No. 7 above. Yatrā kālaº ..charitrāny-upalabheca 15. Ubhayain cha prajānām ... ... aupaghātiham vārayet 16. Anujñātn-ktayādº pañchakain satam-ājīvarii schāpayet; IV. 2 paradesiyānāſ daśakam 17. Kretſo-vikrecrorº......ādāyādº 18. Yan nusrishtam-upajivey use 19. Tena dliānya.panza nichayātiis chi-anujñātäh kuryuha 20. Dhivaja mūl opasthicasya......vasdehakāh ..panyasya 11.21 brūyuh Jolinston alunks tlist the Vasdebaka' has las exace analogue in tlie bepari of Bihar'. This word', be says, 'is used in a general sense of any small trader', (JRAS, 1929, p. 102). Kretesatighuslie...hosam gaclichhet.
203 22. 21. Panya-bālulyāt-pany-ādhyakshah...avikriteshu s-ânyc IV. 2 vikriniran. ...tāni divasa-vetanena IV. 2 23. Käru-silpinām karma-gun-āpakarsham-ājivam...... dandaha 24. Praveśyānām mūlya-pañcha bhāgah II. 22 25. Kshauna dukula......pañchadāśa bhāgah (Rares of ſulka on certain commodities are mentioned here). 26-27 Daka-bhagah paichidaka bhago vã; visat-bhagah panchayısisatı bhago vă. For further details, see II. 32 (KT). 28. Dvāra-deyadı sulka-pañcha-bhāgam (pañclia-bhāgah. –GS-ãnugiahikain và yasha đes-opakāran schäpayct. 29. Paca-bhūmijan panyam...... nāvika-sārthavāhebhyas. II. 16 cha parhācam-āyati kshaman dadyāt. 30. See nate I above II. 21 31. ••yato lābhas-tato... alābhan parivarjayet (verse) 32. teshām-anyatamasy•ānayane 33. See n. 23 above. Kāru-silpinām karmagun-āvakar- IV. 2 shamājīvar vikrayari kray-opaghācam vā sambhūya samurthāpa-yatāsı sahasram dandah (s.c. if people by combining themselves cause a deterioration of the quality of the work of artisans (skilled and unkılled) with a view to making profit, and obstruct clic course of sale and purchase, they are to be fined 1000 (panas). See Meyer, p. 323). It has been supposed by some that the passage probably refers to a combination of traders and craftsinen. But this is not clear from the KT. Cf. Brelaer (!!), 382) Kangle (Pc. II, p. 301) holds that this passage does not refer to traders, but only to artisans and artists conspiring together to upset the market. This view also does not strictly follow che text. 26 204 34. Regarding retail sale, cf. Yatha-deśakālam...... dadyuh; n-odayam-adhigachcliheyuh. 35. Sthūlan-ap: cha lābham prajānānı-aupaglātikati vārayct. 35 a. Vaivāhikam...bhāndasi-uchchhulkasis gachchhiet II. 16 1 11, 21 CHAPTER IV 1. Naça - nartana - gāyana - vādakı-vāgjīvana-kušilavā II. 1 vā na karma - vighnam huryuḥ; nit-āśtayarsādgrāmāņām ksliсtr-ābhuratacvāch-cha purusliāņām kośa-vislıçı-dravya-dliānya-samſıddhir-bhaver-jei (vā. gjivinaḥ=those wlio carn their living by speeches made watlı an ulterior motive; nsrāśrayatvād..... is workmen cannot find shelter (and occupation ciscwliccc), chey remain in their own villages, devoted to their agricultural work and thus prove a source of mucla prosperity. Their attention is not to be diverted to amusements etc., and they must be kept free from cxternal influences). 2. Nic-āśrayacvād...bhavar-ici. Scc Sh. (Trans.)--P. 47. 11. : 1956, cf. no. 1 above- 3. Udāradāsa-varjam-āryaprāņam-aprāpta - vyavalıāram Ill. 13 Sūdram vikray-ādhānam-nayataḥ svajanasya dvādaśapanah danda; Vaisyaó dvigunah; Kshatrıyain trigunah; Brālumanam chaturgunah. 4. See No. 3. above. 5. Mlechchhänām-adoshah prajām vikretum-ādlıātum vā. 6-7. Na tu cv-āryasya dāsa-bliāvah; athavāryam-adhaya (atha vāryam-JS.) kulavandbana, āryāņām . āpadı (tūryānānı - apadı— JS.) nushkrayami ch-adhigamya Lālam sālisyya-dātārati vã purvam nishkrīnīran. 8. Sakſıd-āton-ādhata nishparitalı sidet 205 .. 9. Vitt-āpalvāciņa vā jāsaija - āryab'ıāvam - apalıarato'.. III, 13 rdha-dandah. According to Meyer this pasage means that punishment, half of chat appropriate for a person who robs another of his Aryaliood, is deserved by a slave who steals something. (Here karya' does not seem to mean 'free'). (The use of ovāk does not secinto indicate any distinction in regard to the amount of fine to be charged. 'Hall' is probably connecced with the fine mentioned in the preceding portion). to. Açma-vikrayiņaḥ prajām-aryan vidyāt (Herc ārya' means 'free'.) 11. Arm-adhigaram svāmikarm-āvlauddhan labheta pitryam cha dāyam. 12. Saksid-ubhau 13. Preta viņa-műtr-ochchhishţa-grāhanam... mūlya - nāśakaram... 14. dāsa-dravyasya jñātayo (not jñasāya' as in JS, edition) dāyadah teshām-abbayc svāmi 14. gļihel-gpiha-Mysore ed., 1960).jāta-dāya-āgata-labdha- III. 13 krītānām - anyacamati ......... niche karmaſı vıdese dāsīti ...vā...bharmanyām vikray-ādhānani nayataḥ ...cha 15. Svāmino'syām dāsyām jātam samācríkain adāsat vidyāt 16. Kțica-bhāņda-vyavahacam-ekamukham...sthāpayer 17. Samgha-bhritāḥ sambhūya-samutthalāro vā yathā. III. 14 saobhāshitati vetanan samam vă vibhajcran; cena sangha-bhritā vyākhyātāḥ. [The expression III. 14 sangha-bbộstāḥ raises the question as to whether the reference is to workmen serving under companies, of associations of worknien. Probably the sangha is chat of workmen, not of mascers]. cf. na ch-ānivedya bharcuh sangkah kimchic part lll. 14 II. 12 206 gle, p. 20. cf. 112 haced-apanayed vã. Here 'bhartā' means employer and sangha an association of workmen. 18. Slaklıņa-sthūla-madhiyatăm cha sūtrasya viditvā veta. 11. 23 nam kalpayer; bahy-alptầm cha (+balv-alpatām chaº taken as a separate section by GS.) sūtra-pramāņam jñārvā tail-āmalak-odvartanair-cta-ānugrihniyāt. (For Kangle's view, sce, op. cit., vol. II, p. 67) 19. Tithishu pratipādana-(pratimăna-dānais-cham-sec Kan- J-mānais-cha karma kārayitavyāh; kritakarma-pramāna-kāla vecana.phala-nishpattibhiḥ kācubhis-cha karma kārayet, pratisamsargam cha gachchher ch-ānivédya bhartuḥ sanghaḥ kiñchit pari- III. 14 harcd-apanayad-vā. Sce note No. 17 above. 21. Karshaka-vaidehakā vā (i.c. cultivators or merchants) III. 14 sasy-apany-árambha-pary-avasān-āntare (s.c, at the end or in the middle of their cultivation or manufacture) sannyasya yatha-kçitasya karmaṇah praty-amsam dadyuḥ. Cf. She's translation of the passage which has been quoted. 'antare' here between the start of the work and its end). Scc note 21 above. Kțitakarma...gachchher 23. Gșhitvā vecanaın karın-kurvato bhritakasya dvādaśa. III. 14 pana dandah (bhritaka, wage-carner, i.e. employcc working on 'wage-basis. This gives tlic sense better than the word 'servant'.) 24. See note 17 above 25-27. Tasya vyayar karınaņā vā labheta; bhartā vā kārayi- III. 14 cura; 'n-anayas-tvayā kārāyıtavyo mayā vā n-anyasya kartavyam'-ity-avirodhe (avarodlic- Mysore edition, 1960). For reference, see n. 30 below) bhartur-akā. rayaro bhritakasy-akuri ato vā dvādaśa-paņo dandah (i.c. this is not to be done by any body 'except you the employee and not to be got donc by me the master through any body else'. There is no roon for ineans:: 22. Il. 23 207 any dispute or misunderstaning (avirodba) in this case as the terms relating to mutual obligations are obviuus, if the employer does not get it done and the employec does not do it, as required by the terins the one who violaces clie agreement will be punished. The same idea inay also be derived of the expression used 15 'avarodbe ic. of the binding or restriction due to such on agreement exists). The sense to be derived from the passage including no. 29 below is indicated by Meyer as follows: alternatively the employer may get the work executed by another person, unless clie employec debarred by any agreement existing between the employer to the effect that "you should not get it doue through some body else nor shall I give it to some onc elsc". Then, again, if the employer assigns to lus employee a work which is other than the one stipulated (karma-nishthāpane bharcur-anyatra) even though the latter may have received some money (grihita-vetana) in advance, it will not be obligatory on his pate to do it if he is unwilling. See Meyer, pp. 291-292 28. Asaktah ..vyādhau vyasanerº— "Irrespective of', II. 26 29. karma-nishchāpane bhartur-anyalsa gribica-vetano III 14 nāsakāınah (na sıkāmvah 1_See Kautilīyārthaśāstra, 1960, ed. N. S. Venkatanathacharya, Mysote, p. 194, n. 3) kuryāt, upasthicam-akārayatah "krstam. cua vidyad sty-acharyāb.' 30. ne-is Kautilyah kritasya vetanam 1-ākritasy-āsti (1.c. vetana is for work done, not for work not done). 31. Sasyānam gopālakah karshakah sarpıslıām vaidehakāh III 13 panyānām-ārmana vyavahrırānām daśama-bhāgamasamsambhashita-vetanım Tabliera Pradeslitātas-trayo vā amātyāh (1.C three pradeshtā-s or three amātyas) kantaka-sodhanam kuryuh 34 IV. 1 208 IV. 1 II. 35 33. ... nirdishţa-deśa-kāla kāryāñ-cha karma kuryuḥ-cf. ...pradeshtāraḥ bali-pragraham cha kuryuḥ (i.c. pradeshiţāraḥ, appointed for collection of taxes)... 34. .....nikshepam gưilmiyuḥ 35-36. Sec No. 33 above 37. Karmānta-kshetravaścna ..simānam sthāpayet. The II. 4 passage may mcan demarcation of che site only, not necessarily construction of quarters for workmen by the State. (She's translation, which has been adopted, is not literal). 38. Cf. II, 1, 13, 14, etc. 39. Sukham vā... ...phala läbhabhūyas...janam-āsrāvayishyāmi; par-opalaco...... māin-āgameshyatı; cataḥ ...vriddhin prāpsyām VII. I 40-41 Karmānto vishsh; II. 6 vishți-pramāņam vishți-kara-pratikaram II. 35 dāsa... ...vishrih 42. Tena samgha-bhrita vyā khyācāḥ ck. kāru-silpi-klıyātālı-ganāḥ; samghia-bhritih sanj. bliūya ......... kāru-śılpi-gano devatādhyakshoº.. II. 6 43. Cf. Samiddle...... pratyamsam dadyuh ; sāmānyā III. 14 hi.......äsiddhis.cha Il. 7 II. 15 lll. 14 III. 14 CHAPTER V 1. (Roads are described as part of constructions witlun the Forr, i.c. the capital or headquarters) trayah prāchınā rājamārgas-traya udiclunā its (1.c. three royal roads in the cast and three in the north) 11.4 209 11.4 2. Roads classificd: .........fathyah tājamārgaº.. ..., vivitapacha) samyāniya" (GS; sayoniya--JS.)......grāmapachas (Sh's tr. followed). Seccions, as arranged by IS: chacur-dand-āntarã rathyā-sājamārga - dronamukhasthāniya-rāslıçra-vivitapathāh; sayoniya-vyūba-śmasānasgrāma-rathas-chi-âshçıdan dah; a arranged by GS. chaturdānd-antara-ratlıyā; rājamārga....... droņamukha sthāniya-räshyra-vivitapathāh samyāniyavyûha-śmasāna-grāmapachas-ch-āshta-dandāh 3. Clacur-dand-āncara - rathyā (s.e. a rathyā which incasures 4 dandas). Some take chatur-dand-antarāh ratlıyāḥ as a class apart from rājamārga-s etc. which are ashtadandă” (measuring & dandas). But it may be becer to cake rachyā and rājamārga as measuring 4 dandas, being distinct from the others (sāyonīya or samyānīya and the rest) named in the passage, which measure 8 dandas. 4. Scc note above 5. Daśa-purusho dvādas-āntaroº (1.c. 10 purusbas in II. 33 lıcıglit and 12 purushas in width); tasmād-ckāntarāvarā ā-shadantasāde (Scīmūla) 6. Pañcli-āratnayo ratha-pathas-chatvārah pasupathah; dvau kshudra-pasu-manushya-pathah. (Thus a distinction is drawn becween pasupatha and kshudrapaíupatba. For an explanation of the difference, sec Srimüla (GS. I., p. 127) 7. Chatvārāh pasupathah-See no. 6 above. 8. (Book IV of the Arthaśāstra of Kautilya deals with the duties of Government Superintendents). Cf. vraja-vaņık-patha-prachārão vāci-schala-pacha-pattanani 9. verse (in the end of the chapter) II. 4 11.4 210 Io. Il 3 5 Vallabliazh kacınıkaih sten air-antapālais-cha piditams. II, sodhayet pasu - samghaus - cha kshiyamāna • vanık patham. caksliet-pūrvakrutān rājā..... 11 6 Sthala patlio vāci-pathas-cha sanık-patlıah II. 6 Ity-āyaśariram ātmano vā bliímım-aprāptalı sarvadeya-vasuddhiam vyavaharec III. 10 Seccions 6 to 13 (S.. Vol. I, P. 100) II. 12. any eshtām vā vadhnatām blūmi-märga vsikstre opakarān-inugrahain kutyát. 13. Arıkarshane (ch-aishāni)...dandih (asskarsbane- III. 10 is also supposed to mean 'an encroachment caused by plougluing' - Kangle, Pc II, p. 128) Rachacharya - samchicam tāla-mula murajahath. Ct. prihu ſilā salutain. devaratha-puskaparāslia-sāingrāmıka pārijānika- 33 rathän kācayet (pāryānska=chariots used for travelling purposes) 16. cad velä kūla-grāmāh. 11. 28 17. Matsya-bandliakā naukā-hāçakam (S. and Sh.: blātakam GS ) shadbhāgam dadyuh (c. fishermen to pay 1 of their catch as fee for use of state boats) 18. See no 16 above 19 akālc atirthe cha taratah..... dandah Sections : 3 (15) II 28 Yatrā-vecanam tāja naubhih samīpatancah Sāsaka-niyāmiaka - dātra - raśmi grāliak - otsechakadhishthutaś cha māhānāvohemants grishmat aryāsu malā nadishu prayojayet, kshudrakāh (JS, or kshudrikāh-KT. Mysore 1960) kshudrikāsu varslās tāvinislu 23. ushtra-malıslam chacurah pamcha lagluyānaın II 28 24 Brahmana pravrajita bāla-vriddha - vyadhıca - śāsanahara - garbhinyo ......(nīvādhyaksha) - mudrābhis careyuh 20 21 22 211 CHAPTER VI i. Tatº 11. 19 palasatam - āyamāni 2. Panchapal - avara vyāvahārıki...... 3. Pūrvayoh pañchapalıkāh prayāmo...... ºvarjam (For Samaxşıcta and parimāņi, sec Blı., JBORS., XI) 4. Rasasy2...... dvigun òttarā vșiddhih 5. ... ...Sarpishas-charuh - shashti bhāgas - tailasya - Approximate modern equivalents: 1 hasta = 18 (or 19) inches .: rangula which is a hasta i danda 4 hastas = 10 dandas fect or 20 yards * gunja sced or ratı weighs about 1.75 or 1.83 grains; I pala 80 x 4 ratis = 320 X 1.75 grains = 560 or 585.60 grains. inches = 72 inches or 6 feet = 720 inches or 60 i tajju Regarding pala, Alberunt says that this weight 'is muclı used in all the business dealings of the Hindus. but it is different for different wares used in different provinces - Sachau, Alberuni's India, p. 163 CHAPTER VII II. 14 I. 2. Yachā - varna - II. 12 Paura - jānapadānām rūpya - suvarnanpramānam nikshepain gộihnıyusº- 3. Tula - pratimāna - bhāndam pautava - hastāt...... pramāna - hīna madhya.nah .....cha 4. Lakshman - - adhyakshaś - chaturbhāga - tämram. rūpya - rūpath tikshna - trapu.. māsha - vij - a-yukcam kārayet 5. Sec II, 12.-KT. 27 212 II. 12 12. 6. See note 4 above II, 12 7. Pādājivam câmra-rupam māshakam-ardhamāslıakati kākanim - ardhakākaņīm - iti. 8. See note 4 above 9. Panam - ardhapaņam pādam - ashtabhāgan....... 11. 10-11. Suvarn - ādhyakshaḥ suvarna-sajata - karm-ānānām 1. 13 akshaśālām kārayet ...sisena sodhayet; sarva-dhātūnājis...... sativa-vriddih; äveśanibhih...lakshana - prayogeshu Śreshthānām pāndu'... II. 13 13. tapta - phala - dhautakayol...deyaḥ 14. tikshna - kākaņi - rūpya dviguņoº 15. Kāl - ānrarād - api...... pracigsihnīyur-anyatra kshīņa. II. 14 parišicnyābhyām 16. Scc stanzas at she end of. 11. 12 (KT.) II. 14 CHAPTER VIII V.3 1-2. Durga-jana pada-saktyā bhritya-karma samudaya. pādena (s: sumudaya-vādena) stliāpayet. Ce. dhanapindasya chaturbhāgam-GS., Stīmüla, vol. II, P. 202 3. See no. 5 below 4. Kācya-sädhana - sabesa......barisan - avekslieta 5. Akopakam ch - aishām bhavari 6. Pay - roll: salary from 48,000 panas to 60 panas in different groups from Ritvik, acharya, mantri to vishţi-vandhaka-s. (Interpretation of the concerned passages generally follow lexical renderings with which Sh's translation agrees). 7-8. Kumāra......mantriparishad - sāshtr-āntapalas cha. 9. Sreņimukhyā...ch-āshțasāliastāḥ V.3 213 10. V.3 V.3 I. 8 ... sau aeg V.3 ...rathik - anika..,dvisahasrah kārya (Arya: GS) - yukt - arohaka-sahasrapaņam 12. See note 5 apove 13. Svāmi - paribandha bala - sahāyā - 14. Sya varg anukarshiņoº 15. ..........yoniposhakaś - cha 16. Kārtāntika - naimittika - mauhūttika - paurāņika - sūta - māgadhān..... 17. ... kāry - āsāmarthyād....... 18-19 Karmasu mțitāņāın; bālavşiddha... anugrāhyāḥ; preca-vyādhita... Canugrāhyāḥ 20. Alpa - kośaḥ...dadyāt; alpasi cha hiraṇyam (Kośa here scems to mean the treasury of the king, not the treasure of the person benefited. The passage probably refers to a king whose financial position is not quite strong) 21. Sūnyāni (i,c, vacant, unoccupied land) vā niveśayi tumv... 22. Shashthi-vetanasy-ādhakam kricvā hirany-ānutūpami bhaktan kuryāt...... (The distinction in regard to food and wages to be offered to employees is made on the basis of specialisation and nature of ourturn) cf. ctena bhşitānām-abbritānāṁ cha vidyā-karmabhyām bhakta-vetana-viścshari cha kuryāt. V.3 V.3 CHAPTER IX II. 30 + 1. 11. 15 2. Droņa ā-chatur-varshất Ballardẫnăm...asiavidhanam; viớesho...và 3. Kosa...... chintayet 4. Ardha-sñeham-ayarāņām II. 30 II. 15 214 11.15 1 5. Panchadrone...kalabha-bhojanain; ckādaśakam vyālānām; daśakam-aupavāhyānām; navakam sānnālı. yānām; aslıçakam pattinām; saptakam mukhyānāın; shaçkam devikumarāņām; pañchakam rajñām. 6. Hasty-aśvayos-tad-adlıyakshe...ardhaprasthaḥ 7.8 Daśa-rătrad-urddlivan ... droņa ā-chaturvarshādº 9. Aratnau tanduladroņa°...pracipānam 10. Phānita-guda.........ksliāravargah JI. ..balivardāņām...pāyan-archānāṁ cha Il. 30 11.15 II. 29 * CHAPTER X V. 2 1. Kośam-akośaḥ... samgpihnīyāt 2. ...deva-mātrikam prabhūta-dbānyam...yächeca 3-4 Yathāsāram madhyamam-avaram vā durga-setu. karma......pratyastam-alpa-prāņam vā, na yācheta (pratyanian-alpa-pramāņazh--GS. He also frames a sentence beginning from 'durga'--), 5. Chacurtain-amsam ...lija-bhakta-suddlian cha liiran. yena krīnīyāt. 6. Tasy-ākaraḥc vā...purusha grīslame...kārayeyuh 7. Vījakāle-vijalekhyam...nislipannc...vārayeyuh 8. Chaturtham-amsam...dhānyānām slashthan vanyānām tūla - lakshā - kshauma-kārpāsa (- valka-GS). -cauma-kauścya...gpihniyuh, dant-ājinasy - ārdham (karslakeshu pranayah - JS.). 9. Tad (a–GS.) nispi shtam ... dandah 10. Vyavahārishu pranayah 11. Suvarna-tajaca-vajra-māņi-muktā... karāḥ 12. Hiranyakara-karmanyānāhāraycyuḥ, na ch-āishām kamchid-aparādham parihareyuh 13. Kuśilavā-rūpājīvās-cha vetan-ārdham dadyuh V. 2 215 134. Sakrid-eva na dvih prayojyah Sāroco vă adlıyān yâcheta, yathopakāram vā sva-vasā vā...sthāna-chhatra-yeshtana-vibhushāś-ch-aſsāí hıranyena prayachichilies 15. Devat-ādlıyaksho... ...kośani kuryāt 16, Sa yadā panya-mülye nikshepa-prayogar-upachirah ......mnoshayet 17. Dūstry am...yācheta; dāsaśabdena... vyanjanaº bhāryām-asy a.... tahu...; hato'...; tena..., sıddhaº ...; akshayam...; pratipannan... ekarūpam; prabhūca... tena...; mātņıvyañjānayā...; samsıddham...; düshyaścha... karmakāra-vyañjano'...i chikitsaka-vyañjano......; evam...varteta. 18. Tam dushya-griha.pratıdvāci... hatvā brūgāt V. 2 CHAPTER XI 1. III. 9 2. Kshetra-vivādam sămanta-grāma-vriddhāḥ kuryuh; tesbām dvardhi-bhāve; madayan vã,..; tadubhayam...; pranashța-svāmikam (GS. cakes 'pranashța-svāmıkam' as part of the preceding extract. Cf. KT. II. 35: ...krisht akrishta...simnāti kshetrā. ņām cha maryādā...karad ākarada satiskhyānena. 3.4 Simāvīvādam ... pañchagrāmi daśagrāmī kuryāt 5-6 Sec No. 1; above pranashta-setublogam...... yath-āpakārati vibhajet 78 Anādeyam-akrishato... nishksayena dadyāt 9. kāran-ādane prayasam-ājīvam...dadyat Karadāḥ......,kuryuh; 'brahmadeyıkā brahmadeyikeshu.' 12. Jñārı-sāmanta-dhanıkāḥ kramena... 13. Samanta-grāma-vriddhesh......ti agliushitam-avyāliatam (vitam- avyāhatam-]5) III. 10 III. 9 1 O-II III. Io 11.9 216 ll. 9 11. 35 Il. 35 III. It 22. 14. (Spardhıtayor vā JS) spardhayā vā mūlyavardhane mülyavriddhih saśulkā kośam... 15. Gachchhiet sím āvarodhena grām-agram...kshetrāgrani tena simnāti kshetrānām... 16. Kshetrānām cha maryādā.........mbandhānkārayet 17. Sapādapanā dharmyāh māsa-vriddhih panaśatasya pañclapanā vyāvakárıki, daśapanāk kāntāra kīnām; vimšatıpanā sāmudrānāmº....... 18-19 Dayādā va cikthaharāhsahagrāhınah pratibhuvo vā 20. Dhānyavriddhih sasya-nishpattāv-upārdh-āvaram (āparam - GS) ... vardlieca; prakslicpa.p - vriddhi udayād-ardhan samaidhāna-sannā vārshiki deya 21. Chira-peavāsas (pravīsah-GS)-stambha-pravishco vā mūlya.dvigunam...dadyāt. ...dirgha-sattra...balam-asaram vã 23. Muchyamānam rinam...... dandah 24 Nānarna-samavāye ..pratislıthamānāt 25. Agrāhyāh karına-káleshu harshakā rājapurusliāś cha 26. Protasya putrāh kusidam dadyuh, dāyādā va rikthaarẫh salagrah nah pratibluvo vã 26a. Strikritinam aprativıdhāya proslurainº .. 27. Dampatyoh...... Pasādhyam 28 Upanıdır (upanıdluh-GS }-rinena vyāklıyātah 29. Parachake - ātavırıkābliyām...n opanıdhum abhyā. bhavet. 30. Upanidhi bluokta bhoga-vetanam dadyat 31. Tena adha-pranās-opabhoga.com 32. Nadhih...sidec, na ch-āsya mūlyam vardheta, asco upakārah...bisargāt 33 Prasojak - āsannidhānc vā grāma - vşiddheshu sthāpayıtvā...pratipadyeta 34. Noypicta vriddhikoº Ill. 11 III 12 217 35. Daccam-apy-apahāryam-ekatr-ānusaye varteta (GS. III. 16 reads dattam-avyavahāryam; this, according to Meyer, means 'not negotiable,' ; but the sense 'not to be used in any manner, seems to bc more probable). 36. Sarvasvatis putra-dāran-ātmānam... 37. Dharmadínam-asādhushu... kalpayayuh (note that is Is scquired thac che settlement must be just) 38.' Asvāmi-vikrayas-tu; nashç - āpahşitam ... ... ; deśakālācipaccau... 39. Sulka-sthānc naslıç-āpahşit-otpannam cishithet; tripakshād-sājā - haret svāmi vā. This ends with svakaranena (GS), but JS take 'svakarnena' as starting the next sentence. 40. Beginning with 'svakarancha' or 'pañcha-panikani' and ending with the following sentence: charushpanikam.., dadyāt. 41. Para-chakra-ātavī-bhritam...rājā yathāsvam prayachchhet 42. Pracyāvecus-aſaktaº ......vā svayam gtāben-ābçıcacia prayachchliec, 43. Yat svam dravyam - anyair - bhujyamānam dāsa. varshany-upeksheta......; upanıdhım-adhım nidhin nikshepam striyam sīmānam rāja-śrotrıya-dravyāņı cha 44 Vimśacıvarsh-opekshitam-anayasitam vāstu nānujuñīta 45. Jãātayah śrotriyāh...na bhogena hare, uh CHAPTER XII III. 6 2. *1. Ekastri-putrāņām jyeshth āśah brāhmanānām-ajāḥ 3. kshatriyānām aśvā° 4. vaiśyānām gāvaḥ 218 10 cf no 24a 5. sūdrānām avayah 6 Chatushpad ābhāve ratna vacjānām daśānāni bhagar III, 6 dravyānām-ekam syeslitho baret 7 Pratimukta svadhā pāśo hi bhavatt 8 .ity ausanaso sibhāgahı , potul parivāpīd. ayan asanam madhyam ārsah (GS takes these as parts of a single sentence) 9 Chaturtham anyāvnittih, nitita-dharma kāryo va, kām achārah sarvam jycta Seslãnăm dravyānãm ckagravyasya vũ • cf Meyer ccad dravyasya (ic of the sliole of cluss property). GS 1 seshadravyānām instead of seshānam dravyānām, Kangle sesha dravy anam cho dravyasya vā) samo vibhāgah (te may be added in this context that sisters are to be excluded from the inheritance referred to in tlus concext adāyādah bhaginyalı below Manusha luno jyeslithias tritiyam ainsam III 6 jyeshithamsal labhcra Canyāyavrittih 13 pūrva janmanā jyeshtha bhāvah 14 Nana scri pucrānam tu sanskrit asamskritāyāh 15 (Eldest) 16 Suta magadha vrātya rathakacānam ansvarjato viblia gah seslās tam upajıveyuh 17 Brahmanasy anantarā putras culyamsah III 6 18 Kshatriya vaisyayor ardhamsah, tuly -āmso va manush operah 18a Brahmanānam tu Parasavas tritiyam amsanı labheta dvavamsau sapindah kulyo v asannah svadha dana hetoh (=1 c a sapında (agnate) who keeps up bis connection with the deceased kula or family shall have , share for the purpose of performing the oblation offering rigual (asanna=ncarest availabler) 19 cad abhave pitur acharyo'nte yası va II 12 219 20 21 ity III 7 22 III 5 (Stanza) Ksliccre vă jinayed-asya niyuktalı kshetra III 6 jam sutam/ måtribandhuh sigotro vā tasmal tat pradiśed dhanam// (dbanamic wealth money) As Kane explains, according to Kautilya, the ksher raja is the son of two fathers, with two different gotras having the night to offer pondas to botlı fathers (of cliere is no aurasa son born subsequently) and entitled to inherit their 'weilch'. Scc History of Dharmaśāstra, vol III p 659 Para parigrihe vijam utsrishtam kshetrina acharyälı, māta bhastra yasya retas tasy apatyamtty-apare , vidyamānam-ıblıyam iti Kautilyah , dvayor apo svadhā riktlia bhāg bhavatı Svayam arjitam avibhājyam anyatra putridravyād utthitebliyah 23 A pitridavya vibhakta puridsavyā vā saha pivantah punar vibhajcran 24 Sodaryānām anekapıtrikanām pituito daya vibhāgah 246) dravyam apuitcasya sodaryā blırātārah saha jivino vā hareyuh kanyas-cha riktham (15 ) 'rsktham' in the passage is proposed by some to be connected with the next sentence as follows sikcham putravatali putrā duhitaro vi dharmishthesu vivalıcshu fatal with the preceding sentence to end with kanyas cha The word "ciktha occurs' ro the sense of inheritance' (Macdonell and Kerch-Vedic Index, Vol II) in the Rigveda, III 31 (cf Nurukta) and also in the Altarey1 Brahimana VII 189 Kane quoting Gautama Yañavalkya and the Mitaksharā shows that it meant ancestral wealth Its use in the sense of apratsbandha daya is indicated in some CE Kanc, pp 543. 55* in 1028) and 650 (n 1233) Yajnavalkya (II 121) distinguishes .bbu from •dravya which means inovables like gold, silver, etc Sometimes however the latter word Ibid is employed to mean both movables and immovables PP 554 ( 1032) 575 texts 28 220 III.5 25. Jivad-vibhāge pitā n-aiharir viścshayet; na ch-askans. akārınān-nıcvibhajeta. 26. Aprāpto-vyavabārānām deya-yıśuddham matribandhushu grānuz-yrıddheshu vā sthāpayeyur-vyavahāra prāpanācproslutasya vā (Kangle: sthāpayeyuh ā. vyavākara-prāpanāt) 27. Kanyābliyas-cha prādánikam 28. Pitur-asaty-arthe jyeshtliālı kanıshthān-anugeilnīyuranyatra mithyā-vrictebhyah 29. Adıyadakam rājā haret 30. ... scri-yFitci-pretzekārya (15,kadarya) varjanı 31. ... anyatra-scotrtya-dravyāt ; tac-traividyebhyah prayachchhet. 32. Patitah patitāj-jātah klivas-ch-anaṁśālı;º jad-onmatrandha kushthinas-chz; 571 bhāry-arthe teshāmapatyamata dvidham bliāgam baret; grās achchlādanam-itarc patica-varjāh. 33. Pup-ptamānas-chatyācah pūrve dharmyāh, inātāpıtri- III, 2 pramānāh šeshāh 34. Go-mithun-ādānād-ārshah 35, Sec No. 27 above lll. 5 ill. 5 III. 2 36. ābadly-āniyamah (JS, abandhy-ānıyımah: GS.) For a different interpretaction of the passage, sce D. M. Duncan, IRAS., Pts 1 and 2, 1958, pp. 17- 25. It is proposed that females' property, according to KT, means either their ornaments or maintenance "fixed at not more than 2000', 1.c. not both together. GS. also takes 2000 as the minimum (param āvadhi.—Srimūla, vol. II, p. 14). D. D. Kosambi does not agree that the text specifics the coin as Kārshapana. Sec his Intro. to clic Study of Ind. Hist., 1956, PP. 245-46, Sh. thinks that the amount is given as a minimum.
221 III. 2 37. Sarveslām prity-ăropañam-apratisiddham 38. Labdhvā dāpyeta vā vindamānā sa-vsiddhikam-ubhayam dāpayeta 39. Sulkam-anvādheyam-anyad-vā bandhublair · datcar bāndravā hareyuh. Some suggest that this sulka signifies 'svhat is given by the bridegroom as the price of clic ornaments for the gir), and of the household gear'. See Kane, op. cit., p. 776. It is doubtful, however, if the term has been used by Kautilya in this limited or exclusive sense. 40. Tad-ātmaputra-snushā-bliarmaņi pravās-āpratividhāne cha bhāryāyāh blokcum-adoshaḥ, pratirodhaka. vyadhi-durbhikslia-bhaya-pratikare dharma - kācye clia patyuh 41. Sambhūya va dampatyor-mithunaň prajātayos-trivarsh-opabhuktam cha dharmishtheshu vivāheshu n-ānuyunjita. It is held chat tlic passage probably refers to cases wliere if there be no children of the marriage and the husband expends strīdhana wîchout objeccion by che wife, chen also no complaint would be entertained." Ibid; p. 786. But in that case the reading should have been aprajātayos, 42. Gāndharv-āgur-opabhuktam sa-vriddhikam-ubhayam dāpyeta 43. Rākshasa-paiſāch-opabhuktam steyam dadyāc 44. Sulkam strīdhanam-asułka-stridhanāyā°... Ostatpramāṇam-ādhivedanikain - anurūpāṁ cha vșitcim dadyat 45. Tadānim-ev-ästhāpya...ābharaṇam śulka-sesham cha Tablieca; ... ...; śvaśura-prātilomyena vā nivishç㺠46. Kāma-kācaņiyan-ap: pute-ārtham putra - samsthām kuryāt; putra-bharan-ārtham vā vindamānā putrártham sphātikuryāt .........
222 III, 2 48. 111.3 47. ... ...patu-sayanami pālayanti guru-samipe...... (GS: -Jäyuh ksliayād bhuñjita; ūcddhvami dāyadasis gaclichhet ...... dulutaras-cha-strīdhanam vibliajcran 49. ... ...bandhubhir-dattam bāndbavāh harcyuh 50. Tasy-ācıkrame śulkam strīdlanan action chādhivedanikan dadyát; salkam strīdhanam aśulkastrīdhanāyām (stridhanāyāsº-GS) tat-pramānan... anurūpäñ cha vrittim... (1.c. conipensation together with suitable maintenance). Cf. n. 44 abovc. 51. Svasura-kula pravıslıtāyāın vibhaktāyām vā... 52. bharmanyāyām-anırdıshta-kālāyam grās -āchchilikdanam v-ādliskam yachâ-purusha-parivāpam sa-visesham dadyāc; oirdishta kālāyām...samklıāya bandham...(bandham, according to Meyer, mcans a surety-Haftungssunc oder ein Pfand', op. cit., p. 246n) The section ending with dadyāt' may She is to be given more to quality or quantity) than what is given to hits helpers'. Ibid, p. 246 53. Tirth-oparodha h: dharma vadha it Kautilya (this is claimed to be an expression of lus personal opinion by Kautilya); dattasulkam pañcha-tīrthánı aśruyamānam, daśa śruyāmānaa ; cacah param... yath-eshta vuodeca. mean assitants, Ill. 4 i CHAPTER XIII IV. s ...... anyān vārayed de3a-pidanāt (verse) 2. Tantuvāyā das-askādasikam sútrass vardhayeyuh 3. ...sucra-mūlyam vāna vetanam (GS, vā na–JS) ...ksbauma-kauścyānāmº 4. Rajakah kāshcha phalaka slakshna śılāsei ....... parse vartane mulya-dvigunam · 223 5 IV 1 6 7 8 . 9 , tupya dharananº Par ārtlıyānam—(GS, parathardhyanam-JS). madlıyamanam* Sthulakānam masha-dvimaslakam dvigunam raktakānām (vetat am) Sraddlicyā ragavivādeshu (se when there is a dispute in a case of dyeing) kusalah Suvarnakarānām asuclit hastad rupyami krinatam dandah Suvarnāu mashakam apabarato Masliako vetanam rupya dharanasya, suvarnasy āshtablagah Tamra vritca pañchakam sacam vetanam Sikslā viseshena dviguna vecana vriddluh Tamra pindo dasabhagah ksliayah (JS, dasa bl aga ksliayah--GS). cen ottatam vyakhyacam bluishiajalı pran abadlırkam anaklıyay opakrama manasyan vipattau karın aparadhena mavadha (vedha-GS) vaigunya karane evam clioran achor akhyan vanik kacu kusilavan/ bhiksliukan chanyan varayed desapıdanat// (verse) II 1 2 13 14 mar 15 CHAPTER XIV 1 VII 2 2 VII 1 1X 4 3 4 Samdhi vigrahayos tulyaya n samdhim upeyat Yadı va manyeta samdhun aikatah sva karmani pravartayıshyam vig ralien aikatah parakarmany upahanıslıya u jt) Yugya purush apachayah ksliayah Sec No 13 below c paryesheta kshayat scha sani (verse) yasmin va gune sthirah 'etat sthanam sva pany opaghat iti va para panyanı nivartayıshyamı VII 4 para van kpathad va sacavanti wam-eshyantı samhıta prayanc mitra bıranya bhumi labhagami VII 1 5 6 VII 9 224 6a Thc passage may be further explained tlius: Wliy is biranya-bboga-mitra preferable to purusbabbogamistra? Sonic say, an ally who is strong in human resources (1.c. one who can help with men) is preferable to an ally whose strength is based on bıranya? Some, again, say that the latter is preferable to che fornier since the use of biranya is perminent (nitio hi bıranyena yogah... luranyena anyo clia kániah prāpyanta iti-) and it fulfils various other purposes, besides nulitary. Tlus latter view is hield by Kautilya. Berweca beranyabboga ally and an ally who is strong in respect of territory, bhūmil blioga, the latter is better, according to Kautilya. But others told that bıranyabhoga-mitra is better because beranya lias the power to move (presumably being a incdium of circulation. JS. matimatvät sostead of the sensible reading: gasimacvāt-GS. and Mysore edition, 1960) sod also for its capacity to be serviceable (or useful) through expenditure. 7. ...mitra-hıranya-bhūmiº... 8. kslīna lubdhā li prakrıcayah .. tishthancı 9 (verse)-kshīnāh prakçıtayo...yāntı vırāgatām; tasmāt sadyah pratıkurvīta Vigrabe hi hsliaya-vyaya... bhavanti Concluding verse-evam shadbh gunatº .karmasu VII, 12. suprāpy-ānupālyah pareshām-apratyādeya scy ādeyah IX 4 13 viparyaye pratyādeyah: (...lakshanam tatra tad-aikadeśasy-āpradcyatvasya viparyayah praty • ādeyatvam ādcyarva-viparyaye anādeyacve sac-ity-arthah.. whta lakshan-ābhāve pratyādeyah anādeya ityardhiah –Nayac, JS., Vol. II, p 138), camadadanas tatraschio vã vinaxam präpnoti 14 yadı vā paśyet : praryādeyamº. Pavast āvayıslıyāmi- (parasy āvastāvanam bhañjanam-Nayac. (prakriti- Vil. 9 VII. 5 10 VII. 2 11 225 IX. 4 stad - upachay - ägralianco-ānuhulayıshyāmı — zbid. i.e. he will please the enemy's subjects living in the occupied land by not seizing its wealth). khanıdravya....., karıslıyāmı, prikțitīr-asyi harśayıshyāmı ; apavāhayıshyāmy-āyogen ārādhayıshyamı vā; tālu parah...kopayıslıyatı 15 Pratipakshe v-asya panyam-enam-karishyamı 16. Mitram-āšrayam...viigunyam grābıayıshyām; tad- 1mitram...... Padadita 17. Adhāraukād-dhārmıhasy1...prasīdako bhavaus. 18. Dushya-mantrınām. .kopako-bhavatı (but cf. manecinām-upadeśāl-abho'lablıyımānah (GS, lābho lablıya mānah-J5) kopako bhavatı ; viparital prakopa te ("mantri-vachanāt kshaya-vyayau kritvā lablı-ārcham vyāprıtasya tad abhāvh kopako bhayahecuh-Nayac., op. cit., p. 140, 1c a krag is to be chgaged in an action for gain on a proper calculation of loss and expenditure at the advice of his ministers. When no gain is made in spite of the loss and expendicure incurred, the king is furious because of che minister's miscalculation which is responsible for his failure. Again, when the advice itself is lacking, the gain made by the king at his own instance causes his anger. Therefore, it becomes a cause of fear to the ministers. Labdha- Jabho'yam asmān-vāśayıshyat-ity-artlia hi-Nayac., 10 they fear that after the gain is made, he will proceed to destroy them. The opposite of this is prašādaka). 19. gamana mātraº... 20, mantra-sādhyatvāt 21. cadātva-vaipulyānº Arth-ānubandliakacyat yodhy udayah 23 arth-Knubandhakatvādº, 22 226 IX 7 24 praśast-opadānādº 25 tulye lābhe...brhu guna-yuktam läblıım ādadıca. nir-ābādhakatvāt. Note the different reidings:/ javājavau, japájapau, jayāgayau Nayac. p. 141 1- In explainıng elie difference between 'săracva' and asāratya Nayac. (p. 341) refers to the quality of genis sepresenting 'sācaçya' and that of objects like salc which illustrates the latter. That which is plentiful in number or quantity is a lesser gain than that wluch liks many valuable attributes, although comparatively small in either respect- (*alpasy āpı bahu-gunatvam --Nayac.) 26. Labha-vighnah,. .mangalā tithi nakshtr-eshtitvam ir 27 Kamā dis-weschah...kopayacı, apasayo bālıyah, tadubhayam-āsurī vrittih 28. Para vriddhi-hecushv-āpad-arthio'nartlah samsaya atı, yo'rthah śrtru vnddum-aprāprah......āpad-arthah, yathā sāmancānam-āmisliabhūcah (1.c, anekaih spri hanıya eka-grihicah) san punah praty-ādcyah syāt. -Nayac., p. 157) 29 anarthah, tayor-anarthio ni veti, artho'nartha iti, anarcho'arclia iti samsayah, ctc. 30 CE JS, (KT) Ss 23, 30, 44, 48, etc. 31. Satrubalam-artha mãnābhyam āxalayıtum..., Satru prativeśasy anugrahah (ic. favours bestowed on a neighbouring ruler in the shape of gifts from the treasury and clic army and also possibly those of land 32. iyāyāsam - utthāpya niyrittie - anacthio'narth - ānu. bandhah , hinasaktım-utsahya nivtituir-anarcho nice anubandhah If an ally of superior power is induced by offer of cooperation by the aggressor to join in a conflict for the purpose of destroying the enemy, but he later withsvatah parato 227 IX. 7 draws from it, it is a useless accion leading to liarm. ful consequences (Cl. Nayac.-p. 159). If an inferior posvet is similarly encouraged, followod by withdrawal from the conflict, the undertakırg is costly (utsāhanam-artha-sādlıyatayā—Nayac.) with no result, 33. Samantato śatrubhyo bhayot-pattih samantato'narthāpad bhavanı 34. tasyām samantato'rchāyām cha lāblia guna-yuktamartham-ādatum yāyāt 35. culye lābha-gune pradhānam āsannam-anatıpātānām. yāyāt 36. ... ...prakcīnām laghiyasy-ckato'narthān sādhayet; Ojāyasyā samantato 'narthān inūlena pratikuryāt, aśakye samutsrijy-āpagachchlict, drishtvā hu jivatah punar-āvşittirº- Interpretation adopted is based on explanatory comments of Mādhava Yajvā (Nayac., p. 161) on the above: laghutar ayā kshudrayā prakrity - ect kshudraprakricityāgena pratikuryād - ity - arthah jyāyasy-ces, prakritīnām praśasyacaraya mukhyaprakrıcı - tyāgen ely-srthah ; mūlen-cci, schāniyacyāgen-cry-arthah, ukra prakāra - tyāyath aśakye pratkāre svadchasy-ātıcıhcam sarvam-apy - utstyāpagachchliec 37. arho'rthānubandhah artho-nır-anubandliah, archio' narthānubandhah, anartho'rthānubadhah, anarcho niranubandliah anartho'narthānubandla ity anartha-shadvargah 38. artho dlırmah kāma ity-artha trivargah, anarchio' dharmah soka ity-anaccha-trivargah, archo'narthia iti dharmo'dharma’ıtı kāma soka tt samsaya trivargah 9 ; 29 INDEX 79 , draught 181 11 Adhi 144 A Angula 77, 85-89 Animals 115, 123 Accountancy, experts 104 Accountant-General 8 Anjana 39 Accounts, classification 5 Antahpura 91. 93 preparation 8 preservation in a Central Antapāla 3. Antarvamika 103 Department 8 Anubandha 191, 192 Accounts, Superintendent 8 verification 8 Apadārtlia 189 Actors 123 Apanaya 189 Adeya 184 Aratni 86, 87, 116 Adhaka 94, 110, 112, 114-117 Ardhia-masla 89 Adharma 194 Arcas, undeveloped 18 Army 113. 190 Āroliaka 105 Adhyaksha 20 Administrative-cum-landed nobility 20 Ārsha, marriage 165, 166 Administrative headquarters 77 Artha 171, 189-194 Administrator 21 Articles, commercial 81 Advisory Body 66 different metals 178 domestic use 8: Aggression 183-184 Aggressor 185, 186 not to be imported 37-38 Agrarian system 23 stolen 126 Agricultural labour 19 land 22 operations 18, 23 Artisans 15, 16, 41, 54, 66, 106, 107. Aitareya Brālimana 219 Akslafala 99 Blotted snare 23 Arya 3. 44. 45. 48, 712-724 Allowance 30 Āryaprāna-sūdra 44 compensatory 171 Arya-slave, his rights 45. 48 Alloy, proportion 178 Āryayukta 105 Ally 182 Asceties 81 Alpavyaya 184 Astrologer 104, 108 Anādeya 131 Asura, marriage 165, 168, 289 Anartha 189-194 Atoms 84 Ancestor-feeding 159 Attendants 105 Anga 2 Aurasa 160 17 5 tax-free 40 value 40 122, 179, 180 Artist 104 229 to Avandhyam 166 Avanti 2 Avara, 112-114 Āya 5 Ayamāni 91-93 Āyamani-drona 93 Ayamāni-pal: 93 Āyamukha 4 Ayaśarira 4.76 Boats, small 79, 80 State's 78, 79 Book keeping 8 Boundary.marks 130, 131 Brāhma, marriage 165 Bradmadeya (land) 21, 22, 132 Brāhmanas, immunity 3 Brahmins (Brāhmanas) 44, 45, 81, 120, 132, 150, 152, 157, 159, 164 Brahmin's property 120, 159 Breeding 123 Breloer, Bernhard 195. 203 Brother, uterine 161-162 Budget 6 Building rules 128 Bullion 11, 12, 100, 101 Bullock 112 Burial grounds 74.76 Business 27 occasional 27 B 99 Bāhu 87 Balance (tula) 93. 94 barem 92 king's 92 public 92 , servants 92 Bamboo 34 Bard 204, 108 Barter 12, 27. 97 Basak, R. G. 195, 201 Baudhāyana 2 Betterrierit fees r8 Bhāga 4. 10, 13. 27 Bhāra 91, 93, 116, 117 Bhättaśvāmi, 195, 200, 201 Bhūmrpati 13 Bidder 134 Bidding 134, 135 Bupeds 34 Blacksmiths 86 Blankets 2 Boats 79 с Camels 83 Capital 5, 136, 138 Capitalist-industralist 72 Capitalists, small 137 Caravan 137 Carpenter 104, 106-107 , ordinary 107 State 107 II captain or controller 79 for crossing large rivers 80 freight rates of different cate. Carpets 34. 35 Carriages drawn by animals 83 fast-moving 83 , three varieties 83 Carts 83 , animals yoked to, 83 of medium size 83 Caste, lowest 2 Caste-system 44 PP gories 81 kiads of 79 21 large 79. 80 manufactured by State 80 Cattle 23 230 3 . Cattle, department of 117 path 76 Central Department 8 Centralisation 26, 28 Cess, conveyance 27 , road-27 Chamberlain 103 Chandragupta Maurya 113 Charges, animals 81 1 .. Carts 8 , extra 72 loads 81 Chariots 75, 77, 104 Comunission, functions of, 66 Commissioners 104 , labour 67 two-fold duty 67 Commodities, incoming 31 , superior and inferior 31 to be imported 38 Compensatory fee 172 Conchi-slieils 2, 79. 80 Congestion 15, 16 Consumer 31 Consumption, per capita 114 rate of 113 . State policy 115 Controlled rates 111, 143 Control, policy 111, 112 Conveyance 27 , animals used in 83 carrying capacity 83 Conveyance.cess 27 commonest type 83 different sizes 82 types 30 Co-operative cause 18 Copper tokens 178 driver 104 . 00 C .. De > Corals 34 1 , kinds of 77 for sale 78 sizes of 75. 77 , used by the public 78 Chief Collector 120, 124 Cohabitation 173 Coined money. circulation of 101 in possession of private persons for Coins 96.97 , made to order 97 manufacture of 11, 96 money-equivalence 11-12 technically tested 11 three varieties 97, 101 Class struggle 72 Classical sources 113 Clay pots 34 Cloth, stamped 176 Collections, items of 9 Collector-General 103 Colonisation scheme 24 vacant land 24 Colonising policy 19 Colony 2 Commander of the Army 103 Commercial motives 27 Corporations 44 1 Corvée 70 Costs, assessment of 6 , estimated 6 of management 72 of rearing 123 u Cotton 34 clothes 34 fibres 35 Council of Ministers, 103 Country-parts 74. 76 wealth : Court of law, procedure 66 Coverlets 34 Crafts 44 231 Deposits, mortgage 144 tules 143 3 Craftsman 33 Creditor 135, 138, 140, 141, 143. 146 Creditors, interest 143 Cremation ground 74 Crop-share 13 16, 17, 22 Crown Prince 103 Crown's sliare 13 Cultivators 15, 16 1 impositions on 12! Currency, manufacturer of 12, 101 Currency-holding, regulated 12 Curtains 34. 35 Customers 179, 180 D Daiva 165 Depositary 144 145 Depositors, nghts 143 Devaratha 77 Devatādhyaksha 125 Dhanu 86, 87 Dhanurgrafia 86 Dhanurmushtı 86 Dharana 89-93, 114, 178 Dharana pala 90-92 Dharma 194 Dharinya 184. 187 Diamonds 2 34 Diet 117 Disposal of land 24 Dispute, between employer and cry ployec 58 Dispute, machinary for settlement of 65 Distribution 26, 28 Door keeper 103 Drona 93 94. 113 117 , harem 94 king's 94 public 94. 113 servants 94 Dronamukha 74.76 Duncan, D M 220 Dushya 126 Dust, a particle of 85. 86 Draidh-bhāva 18 Dmiya 166 Dakshina patha 2 , commodities of 2 Dancers 123 11 . . 9 > Dinda 24, 74. 85-87 Dāsa 48 Dead ancestors 152 Dcatlı-penalty 121 Debts 135, 137, 139, 140-143 cancellation 141 incurred jointly 142 liability 142 . time barred 141 of a brother 143 reasons for non-accumulation of 140 rules 143, 146 Debtor 135-143. 146 • protection for 141 relief for 141 Demand 26 and supply 31, 39 cxtraordinary 121 Department, central 8 Deposits 126, 143, 144 Dwarf 105 L Econome advancement 183. 184 expansion 107 gan 183 growth 18: thinking 124 > 232 1 > 3 3) game 22 33 3 3) Elephants 83 Fields 76 driver 105 Fines 5, 11, 148 forests 22. 104, 185 for obstruction to roads 76 Embezzlements, forty, varieties 9 11. rate of 177 Employees, Government 7. 109 Fiscal matters, management of 9 obligation 60 Fishing 22, 80 royal 120 Fodder, elements of 111 Employer and employee 57. 58, 60 Food-grains 30 Employee's liability 59 Foreign relations, clicory of ro Employment 15.182 trade 35. 37 and wages, principles of 61 Foreigners 15 Endowmeats 2t Forest 74, 76 Enemy 190 clephant 22 Espionage, clepactucat at 104 Estates, heirless 12 , produce 121 Exchange-basis 27 timber 86, 120 value 26 tribes 120 Exchequer, public 16, 25 Forc-teller 104 Exemption from toll charges 40 Fortress 76 main cause of 81 Fraud, 9 Expenditure 4, 181 Freight rates 81, 82 totality of 4 table of so Expenses, body of 4 Expects 179 Exported 27 Exporting country 27 Gain 18, 181, 184 Extortion of the rich 118 Game-forest 22 Eviction 21 Gāndharva (a form of marriage) 165 168 F Gāthapatya dhaou 85, 86 type 87 'Fais price idea 31 Garment, dispute regarding dyed 177 Farmers 41 dyed 177 Fatherhood 160 double 160 fine 177 Gate-charges 36 Ferrics do dues 28, 36 Ferry charges 27. 81 Gaura-sarslapa 89 Ferry-men 81 Gifts 21, 147 of land 19 Feudal relations 24 Gold 2, 10, 88, 177 >) fibrous 34 Fees, 30 11 , Service 79, 82 1 233 $ 73 Gold and grain 182 , use and distribution to - smith 100, 122-124, 177, 179 Gold-smith, State 99 Golinga 83 Gopa 20 Goruta 87 Gotra 159, 160 Government funds, appropriation of Hoarding, motives 7 Holdings 17, 131 (contiguous) 18 , individual 12 private 13. 23 Home-market 34 9) Horses 2, 83, 116 draught 116 9 Grains 34 Horse trainers 20, 104 Housing accommodation of workmen 67 Hrasvakala 184, 187 ID - produce 121 share 23 11 1 Gramabhritaka 17, 18 Grihapati 85 Grihapatika 104 Ground rent 13 "Grow more food campaign 120 Guards, boundary 27 forest 27 of timber 104 Guilds 66 code for the regulation of business 175 occupational, 175 Guñja berry 88 90, 98, 99 . 23 D H Immigrants 69 Immigration 182, 183 Implements 17, 19, 22, 23 Importable goods 38 goods, non- 38 Importer of foreign commodities 38-39 Imports 25-28. 34. 35 policy 35, 37 . rate of duty 34 . (trade) 29. 36 impositions on cultivators 121 Impoverishment 123 Ipalicnable 20 Income 4, 5 118 addittoaal 124 Body of 4, 76 - tax 123 Indirect taxation 123 Indrastral Woont, 107 Industries, allied 22 Inflated prices 29 Inflation, arafiaal 33 Inheritance 151, 156, 157, 162, 165. 174 Intelligence department 31 Ietelligentsia 19 Interest charged 139 Haggleng 29. 65.72 . Hamsa 115 Harvest 139 Hasta 85-87 prajapatya 86 - upit 87 Head-load 81, 82 Het 163 Heirless estates 12 property 164 Himalayas Hırsnya rog 110, 120, 123, 125 kara 122 Hired labour 44 234 Kshaya 181 Kshetraja son 160 33 , cost of 13 DD 21 Interest, compound 139 maximum 139 on the invested capital 140 Kudumba 64, 114-117 Kula 159 , rates of 135 136, 146 . unpaid 139 Kumira 103 Kumbha 94 luterpreters of omens 108 Kuśılaya 104 Investments 126, 138 Isolationism 2 L Ivory 34. 35 Labour 6,17 lccigatian works 185 .code 71 Commissioner 67 Jackfruit trees 77 Jnatis 133, 134 complementary 64 55 Johoston, E, H 200-202 Joint family 143, 161 , extra benefit of 54 forced 70 K , hired 44 Kakanı 94, 98, 100, 178 industrial 66, 107 Kalinga 2 legislation 49 Kalya 184, 187 ordinary 50 organisation 71 hansa 86 paid 43 Kane, P. V, 219, 221 rates 63 Kangle, R, P. 198, 203, 206, 210, 218, regulattons 50 shortage 68 Kapatika 104 skilled 50, 107.177 Kara 17, 21, 22, 121-123 slave 44 . 5 mack 122 three categories of 52 Karanika 8 unpaid 43 Karaniya 5 harmantika 103 Labourers 18, 22, 54, 57, 60 Karmıka 8, 76 agricultural 43, 44, 63 Karsha 88 90,98 different rates of wages 52 harshapana 220 village 43 Keith, A B, 219 , wage carning 49 Kiasmen 133 Laghuyana 83 Kishku 85 86 Laissez faire policy 43 Klaipta 4 Laksmanadhyaksha 11, 97. 99 100 Kosa Land, agricultural 13, 22 Kosambi, D D 220 development policy 16 brosha 16 toutes 2, 78 Kshatriya 157, 158 settlement policy 18 Kama 194 3 D . . 220 3) . . Ja . 7, 24. 118 235 -tax 132 37 > 10 Land, State owned 12 Markets 19, 26-28, 30 balanced 31 , waste 12, 24, 120 , foreign 27, 28 Learned men 105, 108 . open 28, 30 Legal (protection for employer and -transaction 31 employee) 57 Marciage, cost of 162 Legislation (for settlement of disputes) cight forms of 165 58 Intercaste 157 Lessee 21 Masha 81, 88.89. 94. 98, 99, 113 Levies, extraordinary 124 178 Licence charge 78 rūpya 99 Licence-fee 122 subdivisions of 98 Licensee 13 .suvarna 99 Liksba 84 Mashaka 98 99, 177 Liquor traffic 3 Mashardha 89 Livestock 123. 124 Materials for weaving 52 Load carried, amount of 30 Measure, denominations of 86, 87 , intermediate 86 , on shoulders 81 lincal or square 87 distributed 81 public 93 Loan 135. 143 royal 93.94 Loss 181 Louse, 85 Measurement 84, 95 different methods 86 Luggage, chuge frec 81 of gold 88 M Medicine 34 Macdonell, A A 219 Mendicants, female 104 Magadha 3 Mentals 79. 104 Magadha 104, 156 Mercantile blocks 29 Mahämätra 6,8 Mahan 184, 187 community 28 Maintenance 171 Aferchandise 26-28. 30-31 allowance 27.29 Aferchants 30. 34. 36,78 Manava Dharma Sastra 2 Messengers 104. 105 Mänavaka 105 Metals 34 Mantan 103 Aleyer, J K 19-, 198, 201, 203, 105. Mantrpanishad 103 207, 218, 232 Manual workers 107 Mldiemen 19, 30, 33 Manufactured articles 176, 175 Military ch chs 104, 106 Manufacturing wage 173 constructions & Marineri, concess to 36 N , unit of 84 class 19 30 236 > 1 1 2 · private 10 Military department 114 Over population 182 stations 27, 74 Ownership 21-14, 17, 21, 78, 128-133 Miners 105, 107 150 Mines, monopoly 10, 11, 13 customer's right of 176 State ownership 13 land 13, 14, 22 Minung business, profits 13 limit of, 128, 132 of lost property 149 Mint 97•100 Mitakshara 219 P Miser 7 Pada 86 Mixed origin 2 Padájiva 98 Mlechchilias 3, 44, 45 Parfacha, marriage 165, 168 Money-value, land 135 Pala 90 94.114 117, 178 Moneyed men 24 ». Āyaman 93 Mortgagec 145 Mula 4-6 Palpatroes 77 Musicians 104, 108 Pana 11, 76, 98, 103-105, 110, 13 149, 166, 177-178 N Pana, subdivisions of 98 Nalika 86 Panchayat 131 Naukahataka 78, 79 Panya 27 Nayachandrıkā, 195, 224 227 Paramanu 84, 85 Nayaka 103 Paraśava 159 Neighbours, forty 133, 134 Parental property 161 Nirukta 219 Pasideśa 87 Nitinırnst, 199 Parigha 4, 198 Nivartana 87 Parikshika II Nivi 5 Parimanı 93, 211 Niyamaka 79 Niyoga 159, 160 Partition 160, 161, 163 Nobility (administrative-cum landed) Paryushita 5 Pashanda 150 Passengers 79. 80 0 Pastures 22, 74, 76, 86, 87 Officers, aty 27 Paurusha 86 in charge of country-parts 27 Payment 9. 57 , in charge of frontiers 30 , in advance 55 58 individually 57 Organisation, labour 75 , in kind 22, 110 Overcrowding in villages 19 , part 59 Pariraya 86 20 22 grades of 8 1 Oils 34 . .
237 Payment, rate of 52 to a number of labourers 57 Pearls 2, 34, 79 80 Peasants 16, 19, 23 P3 Prices, calculations 123, 137 , control 28 determaatits of 41 80 higher 135 + Pension 109 inflated 29 . 1 . . 1 People, border 120 categories of 164 impoverished 183 indigent 120 , oppressed by king 183 Person, niggardly 7 Personal service 161 1) 9 Perfumes 34 > 1 Physical service 18 Plıysician 20, 178 of Army 104 Paracy 138 Plantations (Soma) 20 Pledges 144, 147 redemption 146 two classes 145 Pledgee 145-148 Population, excess 15, 19 . policy 29 proper 31-33 . (regulating off 29, 31-34, 80 , rise and fall of 32 Price trend 32 Priest 108 cetinue 104 sacrificial ro3 Priestly class 21 Prisoners 22 Private holdings 12, 16, 23 property 149 sector 25, 28, 37, 39, 49, 69-70 tradlc 9, 37, 39 trade-servicc 29 Privileged, frce travel 81 Priyangu 115 Producer 31, 33, 120 Products, indigenous 27 of various kinds 26 Production 119 agricultural 68 cost of 6, 37, 113 . improvement in 68 Profit 5.11, 29. 31, 136, 137, 138, 18.4 , motivcs 9. 35 • perceiitage 37. 139 140 race of 25. 29 traders 33 Profiteering 28, 29 Property 17, 18, 143, 149 ancestral 151, 152, 156, 157 161 164. 165 l'roperty Brahimin's 164 deceased person's 163 . division of 163 . Over 182 1. 19 surplus 15, 68 , total 16 Port towns 78, 82 Poverty 110 P'radeshtri 65, 66 Prajāpatya 165 hasta 86, 87 Prakopak: 87, 184 186 Prakriti 24 Pranaya 121-123 Prasadaka 184, 186 Prasastri 103 frastha 91.113.117 Pratyideya 184 186 Prayima 93 Precious stones 2, 153 Prices 19 31 3+ 40, 80. 121, 133 238 12 35 3 ++ 09 Property, heirless 163, 164 lost 148, 149 parental 161 parition of heritable 154 private 149, 164 self-acquired 160, 161 , undivided ancestral 160, 162 valuation of 165 Prostitutes 123 keepers of 123 Protection, routes of communication 77 Provisions, supply of 113 Public sectors 25, 29, 39, 69, 70, 113 Public utility 18 Pundca 2 Purana readers of 104. 108 Puroga 184 Purusha 75. 77, 86 Pushyaratha 77 Ratio between goll and silver 89 Rations 113-117 additional 116 differences 10 115 distribution of 113 for horse in for men and animals 112 , for special type of bulls 116-117 hygienic 116 Raw materials 34 Raclaimed areas 1922 Reader of omens 104 Redistribution, holdings 18 Registers for animals 112 for men 112 Reliabilitation 15 Remuneration for dying 177 manufacture of articles 178 Renu 84 unit 85 Reservoirs 22 Retail sale 40 Revolt, causes of 183 >) Quadrupeds 34 Quotas 113 Riktha 219 Risks 29 9$ . 11 > > R Rajasuya 104 Raju 86, 87 Rakshasa 165. 268 Ransom 48 Rates, birds and animals 115 customary local 135 Plat 82 freight 81, 82 kinds of labour 63 large rivers 82 local 41 lowest 136 manufactured articles 64 of wages fixed by experts 63 Ratbakaras 156 . Rituals 108 Roads 73, 74 building 73 74 cess 27, 26, 30, 76, 82 , classified 74. 77 , construction 76 , conveyances carrying travellers 75 , cost of building 77 , fines for obstruction to 76 , materials for construction of 77 , of commercial traffic 76 , planning 73, 74 royal 74 , separate for pedestrains 75 91 11 31 ) . 3 239 Roads, separate for use of cattle 75 , size (width) 75 Routes, supply 77 Royal levy 31 Royalty 10 Rūpadarśaka 11 Rupika 4, 11, 198 Rūpyamāsha 89 99 Rupya-rupa 98 -suyafta 100 Seafaring trader 137 Sea-golag vessels 80 Seeds 17, 22, 120 Separation 171, 172 Servants 55, 68, 107 Service, condition of 156 Sesha 5 Settlements (new) 2, 18 Shamasastry, R 195 Ship, King's 79 Shipwreck 138 S Siddha 5 Silk 34, 35 Sachau, CE, 211 Sacrificial alcar 86 Sailakhanaka 105 Saka 114 Sakata 83 Sala 86 Salaries, fixation of 102, 103 policy 102, 105 settlement of 108 Sales, tax 121 Salı (rice) 114, 115 2 Salt 34 plece 176 Silver 88, 177 -māsha 89 smith 179 Sindhu 2 Sisa 96 Sisters, unmarried 162 Sıtādbyaksha 22 Sites (abandoned) 16 Skins 34 Slave, allowed to own property 46-48 and master, relationslup 47, 69 . cmancipation of 46, 69 (also 45) , female 48 labour 44. 45.70 traintanence cost 70 , manumission 48 recruitment 45, 69 Slavery 3, 44-47 Soka 194 Soldiers, trained 104 Soma, plantations 20 Son, cldest 152-56, 158. 163 middlemost 152-154 + , youngest 152-154 Sorabji. I 196, 199 Specialisation 68 1 Sama 86 Samahatta 20 Samāharttipurushāh-120 Samavritta 93 211 Samgha 11 Samghattana 93 Sandal 34 Sapinda 159 Sarshapa 89 Sarsaka 79 Sasaka 79 Sastr, Ganapati-195 Sauvarnika 99, 100 Sauvica 2 Sawyers 86 Schoudt, R. 195 197 Scrutiny of trade 40 OP 240 ) Jo 7 3 , Indirect 123 Special sharc 153-155, 161, 163 Superintendent of Women's apart. Spies 104, 125, 127 mcnts 103 Spoliation of seligious tastitutions 118 Superintendent of scaving 51 Srimala--195.196 Supply routes 77 Staddha 151, 159 Surashtra 2 Scotriyas 125 Sutas 1564 Staff 6, 8, 103, 110 Suvarna 88-90, 98-100, 178 Stamped clotla 176 Suvarnadhyaksha 11 Standard, carrying capacity 30 T State, is a trader 37 defraude l by dishonest traders Table of freights 80 39 Tanukshaya 184, 187 - goldsnuit 99 Tāpasa 104 interference (ownerslup) 148 Taptavyajt 95 manufacturer of commodities 78 Tax 4:17 owned land 12 ,, additional 121 revenue 124 , burden of 78 trading 38 » , collective 78 Steersman 38 , incomc 123 Sthanikas 20 Schāniya 20 »-kara 122 Story-teller 104 » , maximum limit 36 Stridhana 166-174 » , professional, emergency 122 Succession, laws of 151, 152, 157, 164 !! , sales 121 , system of 157 Sudra 44, 45, 157 ► , structure of 36 Sugar 34 » , villages on sea shore or on banks Sulka 36, 39, 134, 166, 167, 169 174 of rivers 78 197, 198 Taxable objects 4 Sunya 24 Taxation, 2, 11, 36, 39, 118-120, Supa 114 121, 123, 124 Superintendants of Accounts 8 Teacher 103, 105, 108 of chargots 77 Tecnicory 1, 24, 782-184 of countryparts 103, Test marks 9 108 Textiles 55 of cows 116 Threads 34 of elephants 104, 136 of Government Store Timber forests 86, 87 House 112, 116 Time-factor 52 Superintendent of horses 112, 115 Timte-limit 67, 176 of sofantry, cavalry, Toll 25, 28, 33, 34, 38, 40, 78, 82, chariots 104 134 Superintendent of manufactures 103 Toll-house 31, 148 " , schedules 26 18 1 241 Tools 3 Tradc 8, 27, 41, 137 2 > ) OP Väri 94 $ . > Vaiſya 44. 45, 15, 157, 158 Vallabhas 76 , agent 27 Value, declared 134 foreign 34, 35 raised by bidding 134 income from 28 Vanga 2. , internal 34 Vanikpatha 76 . ordinary 136 regulations 11, 39 Vartamana 5 , toutes 76,185 Varttani 76 -system 28, 29. 32 Västu 128, 129, 132 -two sectors 25 Venkatanathacharya, N. S. 207 with the South 2, 10 Vessels, sca-going 80 Traders 17. 18, 21, 31 Vetana 105 Overseas 138 Veterinary surgeons 20 scafating 137 Villages 74, 76 Tradicional culture, Department of 108 Village-elders 18, 129, 130, 133, 146 Trafic, 674.76-78 162 . acresting features 34 Village, plan of building new 68 congestion of 73 Villagc-secretariat 21 abstruction to 77 -Servants 104 -units 26 Transport 73, 79-81 Viparyaya 182 Vitasti 86, 87 Vriddhi 182 Trapu 98 Vriddhyudaya 184, 187 Treasure-troves 5 Vaihi 115 Treasury 7, 118 Vyāji 4, 11, 12, 28, 198 Trivarga 194 Vyāna 85, 86 Trumpeter 104 Vyavahārıkä 91, 93, 103 Tula 115, 137 Vyavabānka-drona 93 Tūryakara 104 Vyavahärıns (traders) 122 1 P 13 system 78 ID -cess 82 cost of 26 0 Vyaya 5, 181 Vyayaſarıta 4 Udásthita 104 Upandhı 144 Ušanas 152, 153.759 Usury 137 V W Wages 6, 10, 51-54, 105, 107, 176 according to the amount of work completed 52 , at the end of a settled period 57 > Vaha 91 Vaidehaka 104 242 ), Weiglıts and meastires 28, 31, 37, 84 different units of 93 , disparity of 82 of loads carrial 81 -system 88, 93 prclerential 93 » Wine 34 51, Woman's belongings 174 9 Wood 34 Wool 34 90 3) Vage, difference 53 disparity of 108 Wage-carner 109 fixed in proportion to total prodluction 64 Wage, for professional and industrial classcs 51, 52, 63 ,law for settlement 64 pay by stages 56 payment in advance, 55, 56 settled directly between employer and employee 62 settled in four different ways 62 War 181-183 Washerman 176 Wasce land 24; 110, 120 Water-logged accas 79 Water-traffic, private right of owner. ship 78-79 Water-traffic, regulated 79 Waterways 78, 79 Wealth 7, 188, 190 Weavers 175, 179 , manufacturing 176 Weaving. Superintendent of 51, 54 Woollen articles 35. 176 Workmen 44.53 housing accommodation 67 Y Yajňavalkya 219 Yantra 68 Yatrāvetana 79 Yava 84. 85, 88 Yogglama 199 Yojanas 1, 87, 105 Yoniposhakas 104, 123 Yugyas 181 Yūka 84 ADDENDA AND CORRIGENDA Page Linc I 2 1 1 4 5 6 8 8 5 15 25 17 3 8 8 12 20 20 23 Read for instructive instuctive social relations' social relations tesources Cisources being bing marginal margin used useed Kārmikas Karmikas Kāranikas Karanikas holdings holding Add the following note (8a) on p. 199 on Samāhacta • According to the Jayamangalā, Samahatrā is the designation of the dešavyavabān, appointed to the task of collecting revenue (āya samābarane nsyukrab) See Acthaśāscravyākhyā. Jayamangala, ed, G Hacıluara Sastri, Kuppuswami Sastra Research Institute, Madras, 1958, p. 37. It is doubtful if his rank was that of a provincial official, collecting provincial revenue, as suggested by the editor (ibid., p. XXXII) The Jayamangalā explains Sannidhātā as meaning the custodian of the Treasury, 1 c. the highest Treasury Officer, one harge of the royal store (samyannidhātā sıbāpayıta bhändägarskah) The Chānakya tıkā also takes it in the sense of the bhandagacıka. The Jayamangala is comprised in one part of single manuscript, writica in Malayalam characters, of which the other part is Chanakya tikā The name of the former is given in a colophon at the end of the first adhikarana, and that of the latter in the third chapter of the second adhikarana mencary comprised in the second part extends from clie second adhskarana to the first chapter of the clurd adbskarana while the Jnyamangala is a com in a The com 32 244 mentary on the first adbikarana. See Jayamangalā, p.76. The Cliānakya-ţikā is attributed to Bhikshu Prabhāvatī in the colophon (Journal of Oriental Research, Madras, XX-XXV–1950-55). Read fos Page Line 22 arcas!! 14 5 24 kretāram paneta 33 33 34 16 36 40 40 3 and 31 14 1 21 44 45 45 52 52 24 19 26 13 13 21 56 14 57 60 61 areas12 kretara pancta IE profiteers22 profitcers wool wool or about 4 4 state tatc thread: threads āryaprāna āryaprāna declared to be declared Ārya (free?) Arya done, donc basic basie he be Kautilya the Kautilya is to be fined he is to be fined adhered to, adhered to Add the following note Arthya - pratıkārāḥ kārumśāsitāraḥ samniksheptārah svavictakāravah śreņipramāņā nie kshepan grihṇīyuh-KT.IV.1. According to Meyer (p. 315) samnikslieptarāḥ= =those who are capable of getting jobs executed by others; and śrenīpramāņāḥ= those who have a position of authority in their guld. He suggests that the passage shows that if a job, taken up, is donc 21 18 66 20 on p. 208 :
245 wrongly, the guild will be jointly responsible. According to Jolly (Zeitschrift des Deutschen Morgenlindischen Gesellschaft, 71) artisans who work with clicic own capital will be personally responsible for the security of the deposit. Nikshepa is clius taken by him in a sense which differs from wliat is understood by Meyer. Jolly's view seems to be more acceptable. Linc Read for 22 Transport and Communications naukāpāçakain benefitted Civcr naukāpātakam women liksha IO rivers 21 how 75, 77, 79 Top heading: Planning of Roads and Transport 78 16 naukālāčakam 78 benefited 79 79 naukābātakam 81 28 women? 84 24 likshā 84 29 onuit 85 4 of cven 86 chhāyāpaurushia 86 dhanurmushti 86 sama 86 22 sala 89 6 5 89 24 they may have - 93 19 vyāvalvārıka.pala 93 33 āyamīni 93 33 drona 95 3 95 15 Strike out: as manasrāva 21 21 even chhayapaurusha dhanurmushti sama sala 80 22 they have vyavabācika āyamāņi droņā state Sate 246 Linc 95 16 II 99 99 99 100 26 26 15 16 100 100 16 100 16 100 Read for Add the following sentence aſcer diminution": For fluid things thic fate is to part as mātasrāva. tiksliņa ciksliņa mãsha which masha guñjas, guñjas prakslepas prakshopasnom prākshepas dviguņo dviguna rūpya rūpa tiksliņa tiksliņa state, state. praśāstři praśasıți vyāvabarıka vyavahārika Kármātika karmantika yoniposhaka Yoniposhaka Kuśilavas kušilavas •Fiery' Fiery Aryayukta Ārayayukta age under nunder anisçislaçam... anisrislışam group place 17 16 28 IOT 103 103 103 104 104 104 105 115 119 33 34 9 16 29 15 29 36 16 age, 121 121 122 IO ten 122 32 7 18 18 16 16 126 129 135 136 137 138 139 140 25 35 9-10 II comprised comprised upachitah upacitaḥ yathopakāram yathoyapakāram debtor debtor borrowed; borrowed, 20 per cent 10 per cent che market value market value maybe Add the follosing to notc 21 (cf. supra, p. 216): The idea conveyed seems to be that he fias become absolutely motionless of petrified, as it were, in respect of his investment. His studied lack may be 17 247 Line Page 142 144 144 145 145 145 146 of attention to the matter may be indicated, for example, by non communication of his where abouts. Stambba-pravisbtoº (KT. III. 11) in the passage is taken by Meyer in a different sense with no reference to the investor. It mcans, according to firmi, money, lent for purposes of investiert, being merged so the fixed capital of the businessman. In such an event the interest will become double the invested amount. The same will be clic case of the money goes to a forcign country (Meyer, p. 275). Read for brother's brotliers over ovet adlı adhi pledger pledgor thic tbc the the the pledger pledgor Add the following nore (34a) after 'pledges'. L. Scernbach holds that the sale could be permitted if the object pledged was of a greater valuc than the debt. See his Juridical Studies in Ancient Indian Law, Part 1, p 143 29 30 33 12 18 32 18 147 1 149 21 reasons 152 22 varnas Paraśava caste18 arsha reasons, varnas Päraśava castella ārska 159 Tiscs 166 167 167 171 - to 3 5 29 30 19 25 27 4 7 171 arises pratikára), also to compensation sulka ...asulka. (bharmanyāyām--) unknown 63 pracıkāra also) - compensation sulka ......asulka (bharmanyāms unknown83 171 172 173 248 Road for Linc 16 16 Page 174 174 182 185 185 188 188 190 191 13 3,14 7 23 24 4-5 of received wealth status quo ante required pusillanimity, , conceit tlicinselves grants of money, possibly also of land, etc. (...anugraha kosadandābbyām...) (KT. IX. 7) oi teccived wealcliº status quo required secondly. pusillanimity conceit thamselves 1 grants of land 8 sorts, sort 191 193 194 23,27 a-s as 24 196 17 199 2 199 11 Insert thic sign :- beforc: the opposite of artha SNAP (= Some Notes on thc SNAP Adlıyakslia-Prachāra: Bk. Il of the Kauçiliyam Archaśās. tram, 1914) Add: Sec bis Kauçiliya Arthaśāstra, complete in three parts. JBORS (= Journal of JBORS the Bihar and Orissa Research Society) Add the following to note 25: R. S. Sharma in bis Indian Feudalism, p. 143, uses the verse quoted by the 12th cencury commentator Bharçasyāmi as evidence in support of royal ownership. 199 11 249 Page 199 manusthe ΟΣ Line Read for 15-16 Nitinirņiti Nitinirņiti- Add the following to note 3: An incomplete cript of Artliaśāstra (from the second chapter of adhikarana II, written in Devanāgari characters, discovered at the Jaina Bhandar at Pacan in Gujarat, contains a com. mentary entitled Nitinirmiti Kauſalīya-sāja-Siddhānta. çīkā by Yogghama, which is confined to the first three chapters and the beginning of the fourth chapter of adhikarans II only-(See Text with Com. mentary, ed. Muni Jinavi. jaya, published by the Bliara. tiya Vidya Bhavan, Bombay, 1959.). 17 JRAS (Journal of the JRAS Royal Asiatic Society of Great Britain and Iceland) 26 enjoys cnjoins 14 omit 16 Festschrift Fetschrift Add note 16 as follows: malā-kshaya-vyayaniveſārru blūmim-avāptukāmalı pūrvim-cva kretā. rari paneta (KT. VII. 11). 4 Insert 23 and add the following: cl. sam. bliūya samurthānim (KT. IV, 2). 200 200 201 zat 201 22 203 250 Line Read for Paye 106 206 Vol 208 209 IS 7 Serike out: sce 7 Part 4 Insert: IV. 1. under reference column against extract 34 Add the following to Note 3: Cf. chc Chanakya-tika's reading of che text: Chaturdand - ottacāh rachyā. rājamārga - dronamuklia - sthā. niya-rāshtra-vivītapathāh, Ic explains chaturdand-ottarāh as meaning chaturbhis chatusblus -adhika." Tlius, according to this commentary, a rathyā 4 dandas, while caclı succeeding type of road is 4 dandas more than the one preceeding it in the order of cnumccation. In other words a rathyā 15 4 dandas, the royal road 8 dandas, the dronainukha road 12 dandas, etc., the largest being the vivītapatha which is 24 dandas. See G, Harihara Sastrı: Arthasas. tra-vyakhyi-Chārakya-tīkā. Introduction, Journal of Oriental Research, Madras, Vol. XXXIII, Parts 1.IV, pp. XXX111-1V, 1968). anika- 29 31 vítam avyāhatam 9 Dayādā III. 9 213 215 215 216 anik. II. 9 vitam-) Dayadā
251
Page
Linc
Read
for
32
bliū
219
221
23
bbû
Add the following to note 41: L. Sternbach holds
that the passage refers to the use of stridbana by.
'a couple that had brought forth twins'. Op. cit.,
P. 389.
assistants
assitants
viparītaḥ
viparitaḥ
hi
hi
222
225
19
13
26
225