An Overview of Eco Governance and Legal Framework in the Arthaśāstra.
Pallavi Gopan
Research Scholar
Department of Sanskrit
University of Kerala.
E Mail – pallavigopan06@gmail.com
Abstract: The Arthaśāstra, an ancient Sanskrit treatise, comprehensively addresses various domains of knowledge. It is considered as a guidebook, it covers a wide variety range of subjects like politics, law and practical administration of a state. The statecraft policies outlined in the Arthaśāstra remain relevant throughout history. This treatise also plays significant importance on environmental governance including conservation, protection and innovative practices. There were strict laws for the conservation of environment from during that period .
Within the Arthaśāstra, the interdisciplinary of the environment and economy is vividly portrayed. On this context environmental governance emerges great role within the state. There should be an ethical governance which upholds the whole state administration. Arthaśāstra holds a significant contribution in the field of Indian Knowledge System and paved innovative ideologies in the jurisprudence. The principles of jurisprudence are evident in the ancient Indian Sanskrit treatise Arthaśāstra.Kautilya’s Arthaśāstra provides a comprehensive guide to governance, economics, and statecraft. Arthaśāstra delves into various aspects of jurisprudence, offering insights into the legal systems, administration of justice, and the role of law in the society. By knowing the Arthaśāstra, one can gain a deeper understanding of the historical development of jurisprudence and its significance in shaping societal norms and governance structures.
Keywords: Justice, law and order, legal systems, individual rights, Modern legislation, environment, forests wealth, sarvāthithivana, economy.
Introduction
Arthaśāstra is an ancient Indian Sanskrit treatise on state craft. This treatise is directly or indirectly related to polity. It deals with both internal and foreign administration. This ancient treatise is considered as a guide book particularly for a ruler and to become a good administrator in all terms. The entire work is the economic wellbeing of the state. It covers almost all aspects of knowledge. The subject matter also includes different dimensions of subjects such as agriculture, trade or commerce and various other topics. Each chapter deals with the discussion of important topics that a ruler should follow in order to maintain a stable kingdom.
The ethics of environmental morality and the ecological conservation are major concepts in Arthaśāstra. Kautilya, who is the author of Arthaśāstra clearly states the importance of environment and he suggests various laws and even strict rules for the proper conservation of environment. The references of overall jurisprudence is vital part in this treatise, each of the topics and the legal practices are connected. This ancient treatise provides an inclusive framework for the administration of justice and the establishment of law and order. These legal principles are based on the principles of righteousness and aim to ensure the welfare and stability of the society. The legal principles are proceeded by the concept of both punishment and the evidence. The Arthaśāstra emphasizes the role of the judiciary in upholding the rule of law.
Fertile lands and it’s protection
Kautilya maintains that the land should be fertile enough not only for the native population, but also considers who migrate to the country at the time of the calamities. There should be always productive land. The land should be both beautiful and always stimulate economic activities. Kautilya always views everything for the welfare of the state and he always use strategical measures to maintain a stable and strong kingdom. In the case of governance in the environment area also he keeps that ideology. All the measures he suggested are only for the sake of a stable state. He considered those fertile lands which are not maintained well was really a major crime and he discouraged those activities and he suggested to charge adequate fine from those people.
For fertile lands he gives top priority to water resource management which is essential for agriculture. For that he instructed to build storage reservoirs. He suggested to involve all people and those who refuse to participate were to be forced to do their lot. He has a clear-cut idea about each sector of the ecological atmosphere. The productive lands not only increase the agriculture but also it increases the production and which helps to maintain a proper revenue. The economic matters are dependent on the environment matters also. Kautilya connected everything for the economic purpose also.
Forest wealth and Resources
He has a great view about forest wealth. He states that three types of forest. He classified on the basis of how they are used for in which –
Recreational purposes Forests. Those forest areas are used for hunting and they are well protected area.
Economically useful Forests. Those areas produce useful materials like bamboo and also some medicinal plants are planted in there.
Elephant forests. Elephants are important especially in the war time. So, the protection and preservation of elephants are really important. Those particular areas are completely allowed for the sanctuary of elephants. Capital punishment is prescribed for a person for killing an elephant.
Sarvāthithivana Concept ;Sacred Forests: He encouraged the concept of Sarvāthithivana. The type of forest in which hosting all types of animals. Kautilya has given the definition that forests include enclosure for beasts, deer park, forests for produce and elephant forests. Protected species and animals were not to be killed or injured but in the case of dangerous animals were not to be killed with the sanctuary, but taken outside and killed. In this concept Kautilya focuses that a forest is a place in which every species can survive and each of them are dependent on each other. The forest itself is a place where it constitutes birds, animals, plants of variety of species and all the ecological elements.
In case of domesticated animals, Kautilya prescribes severe punishments to offenders starving them. Slaughter of female and young animals was prohibited at that time. Provision to give free ration for horses and elephants. Horses unfit for war were used for breeding to be punished. The cutting of trees is completely prohibited. Kautilya promotes the practice of afforestation. For harming the trees by cutting any part, adequate fines were charged, depending on the types of injury to the trees. Special forests with considerable areas were created for the settlement of ascetics and respected people devoted to the study of vedas. They are respectively called tapovana and brahma somāranya. Kautilya has often advised the kings to use poisons against their enemies, for that various plants for the purpose of collecting poison were need to grow in separate session.
There were separate officers for different departments. There were superintendents exclusively for the welfare of the cows, horses and elephants to ensure their well-being. Special positions were occupied by Director of Forests, supervisor of animal slaughter, separate superintendents of cattle, horses, elephants and pastures. The destruction of forests was not tolerated by the administration. In Arthaśāstra around three chapters there is a detailed discussion about the care, training, treatment of horses and elephants, milking of cow etc.
The concept of protected reserve forest has existed at that time also. Kautilya states that forest is a place where every forest being can live without fear and it is considered as a shelter to them. The concept of Abhayāranya was particularly mentioned in the Arthaśāstra. When a person kills species in those protected area particularly from the Abhayāranya, he shall be heavenly fined.
Legal punishments
Kautilya is very much concerned about the ecological policies . He is sympathetic towards the animals also. If a person killed deer or any other domestic animals and birds kept in the protected areas and parks the crime was of greater magnitude and the punishment became heavier. In such cases he prescribes, in addition to a fine of two hundred paṇās, an amount equal to the price of the animal killed. 1In case of killing cats, dogs or pigs of less than twenty-five paṇās are charged. If the offender is unable to pay the fine, severe punishment was charged like his nose tip was to be chopped off. During that period of time there were no moral teachings and practices Kautilya always suggested severe punishments If the offender is a forest -dweller, the punishment was to be reduced to halved.2If anyone harm animals like elephants and horses it would become more severe. Those animals belonged to king’s side and the offence was considered to be very serious and severe punishment is recommended. The offender was also liable to meet the expenses of the treatment and cure of the animal injured.3
Kautilya strongly opposed deforestation and he recommended severe punishments and fine for those who cut trees and plants. He prescribes higher punishments in cases of trees growing in sanctuaries or in royal parks and in such cases, the offender was to be pay double the punishment by paying higher amount of fine. Similarly, if anyone obstructed the cultivation of crops in the field of others by causing damage to their plough, he was to pay the amount in equal to the damage done.
Jurisprudential Framework
The Arthaśāstra outlines this legislation across seventeen distinct categories.
1.Marriage and allied topics
2.Parition of inheritance
3.Property and disputes concerning it
4.Failure to participate in community affairs.
5.Non-payment of debts
6.Concerning deposits
7.Law concerning slaves and laborers
8.Undertakings in partnership
9.Revocation of a scale or a purchase
10.Non conveyance of gifts made
11.Sale without ownership
12.Law concerning ownership
13.Forcible seizure of an object
14.Verbal Injury
15. Physical Injury
16.Gambling and Challenging
17.Miscellaneous.4
The subject matter discussed in Arthaśāstra under this category is considerably broader in scope compared to the Smṛtis, which primarily focus on sealed and open deposits. The Arthaśāstra extensively covers various aspects of governance and enforces precise legislation and penalties. It imposes severe punishments for defaming one’s own nation or village, as well as for disrespecting a deity or a sacred place. Additionally, it includes penalties for causing harm to trees in urban parks, trees that provide shade or bear flowers and fruits, useful creepers, trees in holy sites and cremation grounds, and tress serving as boundary markers. This demonstrates the high level of concern for the environment exhibited in the Arthaśāstra. Even today, there are stringent punishments in place to address environmental degradation and maintain ecological balance. This indicates that such regulations were implemented during the time of Arthaśāstra.
Contemporary Relevance
In contrast, modern legislation is shaped by the principles of democracy, human rights, and the rule of law. It is often developed through a process of consultation, debate, and consensus- building and institutions. Modern legislation aims to protect individual rights, promote equality, and address the evolving needs and challenges of society. Furthermore, the Arthaśāstra reflects the social and cultural context of ancient India, while modern legislation is influenced by the values and norms of contemporary societies. The Arthaśāstra, for instance, includes provisions on caste- based social hierarchy and the duties of different social classes, which are not applicable in modern legal systems. Modern legislation, on the other hand, addresses issues such as gender equality, environmental protection, and technological developments. The Arthaśāstra provides valuable insights into ancient governance practices, modern legislation reflects the evolving needs and values of contemporary societies. Both systems aim to ensure order and promote the welfare of the state and its citizen, although in different ways and contexts. Even today the environmental awareness is a major topic and centuries ago Kautilya systematically stated the rules and regulations for preserving the environment. The conservation of forests and the caring of animals, the maintenance of wildlife sanctuaries, proper treatment of medicinal plants all these are effectively done in that period. Even today the administration system is imposing fines and other punishments for the encroaching of lands. The negligence towards nature from ourselves cause serious calamities and now there is an increase in the number of natural calamities due to the improper treatment of the nature by humans. These problems were noticed by Kautilya at that time itself and recommended adequate measures to maintain an ecological balance.
Kautilya strongly advocates the revenue of the state. For maintaining a good economy, nature has prominent role. He clearly stated the importance of environment in the economic field also. It helps the ruler to maintain a stable economy. It enriches the royal treasury and thereby promotes to maintain a stable government. Eco – Ethics and Legal principles are considered as a major concept within the state. Arthaśāstra integrates eco ethics and legal framework into the heart of state policies and moral order.
Conclusion
In conclusion the concise overview of the laws and legal framework presented in Arthaśāstra demonstrates a systematic treatment of the subject matter. Unlike earlier dharma sutras and smṛtῑs, Arthaśāstra provides a genuine and comprehensive code of law that covers a wide range of legal topics. Despite its adherence to the varṇa system, Arthasastra’s broad perspective on the realities of life makes it a valuable resource for understanding law in its true sense. The Arthaśāstra and modern legislation share the common goal of maintaining order and promoting the welfare of the state and its citizens. Kautilya’s Arthaśāstra is relevant in all period. The topics covered in this treatise is always relevant. It covers the subjects mainly on administration, economics, public finance, law and justice, ecology. Kautilya strongly focusses the idea of welfare state. The description of nature and its awareness is seriously discussed in Arthaśāstra. There is a detailed discussion about the environmental governance and the preservation of environment in order to maintain ecological balance. There should be a balance between the human and nature. The degradation of environment completely destroys the balance of the land and also the balance of the entire life cycle. The Arthaśāstra encompasses a wide range of topics, including economics, politics and military strategy, and provides detailed guidelines for rulers on how to govern effectively. It emphasizes the importance of a strong central authority, efficient administration, and the use of diplomacy and force when necessary. As we observe these ancient traditions today, they offer precious insights into sustainable living, well-being, and interdisciplinary learning. Even the authoritative Arthaśāstra focusses the well-being of the state. Conserving and uplifting this legacy is not just about searching the past, but also about enriching the present and inspiring future revolution rooted in eternal wisdom.
REFERENCES
1.Arthaśāstra,4.10.5
2.Ibid. 4.10.2
3. Ibid.3.19.27
4. The Kauṭilῑya Arthaśāstra, Part III, Kangle R P, p.226
BIBLIOGRAPHY
Kauṭῑlya on crime and punishment, Agarwal. K.M, Kanchan Publications Bodh Gaya,1983.
KAUTILYA or An Exposition of His Social Ideal& Political Theory, Narayan Chandra Bandyopadhyaya, Indological Book House, Varanasi,1982.
Society in Ancient India, Sures Chandra Banerji, D.K. Print world(P) Ltd. New Delhi,1987.
The Kauṭilῑya Arthaśāstra, Kangle R P, Motilal Banarsidass publishers, Delhi ,1969.