Wednesday, May 17, 2023

Kautilya versus Thiruvalluvar. Inspiration from Indian Ancient Classics for Ethics in Governance and Management Dr Gerrit De Vylder & Dr Zubin Mulla

Courtesy: https://gcgij.files.wordpress.com/2014/11/thiruvalluvar-kautilya-mulla-de-vylder-2.pdf

Abstract

We consider two classical sources from Ancient India as possible sources for tackling the lack of ethics in governance and business in emerging markets today. First, Arthashastra is a treatise on economics and politics written by Kautilya, the advisor to the Mauryan emperor Chandragupta during the fourth century BC. Kautilya provided practical recommendations like providing high and fair compensations to civil servants. It is suggested that the existing wage structure creates feeling of inequity in government employees and is likely to lead to inefficiency and corruption. Second, Thirukkural is a classic of rhyming Tamil couplets, possibly written around the year 31 BC, by Thiruvalluvar, a common weaver born in Mylapore, near present-day Chennai. It

Thiruvalluvar stated that ethical values coincide with a good economy and that therefore a free market is necessary. Basically humans are naturally good

and contribute positively to the economy. In conclusion, while Kautilya gave pragmatic advice to tackle human’s destructive economic instincts, Thiruvalluvar assumed the natural goodness of men and warned against institutional interference.

Keywords

Wage structure, Kautilya, Thiruvalluvar, bureaucracy, corruption, work ethics, good governance, India, emerging markets, Hinduism, Buddhism

Introduction

The anti-social and uncooperative behavior of both private and government economic players has in general been identified as a main cause of the economic crisis since 2008. Meanwhile, in emerging markets corruption in public life is still considered as one of the most pressing issues. For instance in India governments are often plagued by series of scams which provide an excuse for opposition parties to disrupt parliamentary proceedings. Various civil society organizations have stirred the public awareness of the issue of corruption. Available literature is full of suggestions for dealing with the black economy (Kumar, 1999). Indian governments have already tried out a range of schemes like amnesty, tax cuts, demonetization and acquisition of undervalued properties, all of them with very poor results. Certainly one of the reasons for corruption in emerging democracies is the management of bureaucracy and specifically their incentives to perform in an ethical manner (Rose-Ackerman, 1986).

is one of the most revered ancient works in the Tamil

language, providing a guide for human morals and betterment in life. Like Adam Smith and

Jean-Jacques Rousseau,

2 Kautilya versus Thiruvalluvar

There is also the general observation by many critics that the lack of ethical awareness among both public and private economic players has to do with the economics curriculum and economic textbooks which are used in India and worldwide. Surveys reflect that on average, economists and economics students behave in a more self-interested way than others. In different experiments they tend to deviate from the moral good and are more corrupt. In India too some scholars look for spirituality as a solution to this behavioral problem. Shrikant (2014) argues to teach more spirituality, ethics, philosophy, and history in business schools. Too often a long historical experience regarding economic ethics in general and corruption more specifically is completely ignored.

What we suggest here is that historical sources may be useful as a source of inspiration for solving today’s ethical issues regarding corruption and the black economy in general and in emerging markets more specifically. Two ancient Indian classics, Arthashastra and Thirukkural, are taken as case-studies, as they provide different answers.

The Origin of Indian Bureaucracy and Corruption

Indian independence in 1947 brought a structural change in the role of the state. Prime Minister Jawaharlal Nehru wanted to modernize and humanize a traditional society through state intervention in all important spheres of its activity. To meet these challenges the bureaucracy was expanded rapidly. Bureaucratic government institutions, rules and procedures from the British rule, however, remained largely intact, producing a mismatch between obsolete instruments and modern tasks. Unprecedented amounts of money became available to official agencies for spending on various programs and projects. As a result, corruption spread in the public services. The interaction with contractors and suppliers opened new avenues of making illicit gains. As the private sector grew side by side with the public sector, the scope for bribery enlarged. The complexities of export-import business and the temptation to evade taxes and manipulate duties were essential to the growth of corruption opportunities. The rise in disposable incomes of the business class increased their appetite for gold, luxury goods and imported items. This, in turn, stimulated smuggling and created new opportunities for mega corruption. Never before in India’s modern history the level of corruption was so high. India scored 3.1 out of 10 on corruption and was ranked 95th out 183 countries in Transparency International's Corruption Perception Index (Indian Express, 2011). That corruption is not a part of Indian business and political culture is illustrated by the fact that non-resident Indians abroad are usually considered very disciplined and honest.

The underlying cause of India’s corruption is complex. A complete lack of ethics certainly lies at the root of the problem. Clearly, there was a common platform to create a generally accepted moral, social and political code of behavior for every economic actor. What dharma” or “righteousness” is to Hindus, “deen” or “moral conduct” is to Muslims. However, the potential for uniting ethical values and codes was completely ignored in favor of a so-called secularism protecting the rights of minorities that allowed communal groups to manifest themselves and emphasize differences instead of similarities. Srivastava (2001, p. 35) claims “that without a uniting and coalescing ethical component, secularism tended to create a dispersed and amoral society as well as an amoral polity, adrift without an anchor, without any generally accepted or acknowledged moral or social or political code for everybody”. Another reason for corruption in India despite traditional ethical values is due to the intermingling of the idealized values and the social realities of India, more specifically a scarcity of resources, which led to a self-centered orientation for those in power (Sinha, 1997;

3 Kautilya versus Thiruvalluvar

2008). The problem of bureaucratic corruption was exacerbated by the fact that Indian bureaucrats carried a colonial mindset including a distrust of natives and hence highly centralized decision-making which led to concentration in the power of a few (Sinha, 1997).

The size of the Indian government in terms of number of employees has been steadily increasing from 1.8 million employees in 1956 to 4.16 million employees in 1991 (Maheshwari, 2001). Within the Indian bureaucracy, the Indian Administrative Service (IAS) consisting of 4,377 officers (Ministry of Personnel, Public Grievances and Pensions 2012), is the most important in terms of social prestige and having access to the senior most positions in the administrative set up (Maheshwari, 2001, p. 316). In the year 2011 alone, IAS officers were charged with corruption in 15 cases and 11 IAS officers were booked by the India’s highest criminal investigation agency, the Central Bureau of Investigation for corruption (India Today, 2012). In this paper, we argue that the low pay levels and highly egalitarian pay structure of India’s bureaucracy may also have contributed to the rise of corruption. The relatively low salaries for public servants were an open invitation to create a political market instead of a transparent economic market. Clientelism became the rule actually enforcing communal identification.

Kautilya’s Pragmatic Views on Economic Ethics and Compensation

The issue of good governance is discussed in Kautilya’s Arthashastra, India’s classic text on the art of politics and government. Kautilya was the first classical philosopher who explicitly tackled economic issues. He was the brilliant and unscrupulous Brahmin adviser of the first Maurya emperor, Chandragupta Maurya who reigned from 324 to 301 BC. over India. Chandragupta had overthrown the reigning king of the prosperous kingdom of Magadha, in Northern India, and had seized its capital, Pataliputra (the modern city of Patna, in the state of Bihar). The Maurya dynasty was to weld the diverse cultures of India into an empire lasting almost 140 years.

What makes a classical scholar like Kautilya relevant for today’s issues of economic ethics and more specifically on compensation and corruption? Many scholars have argued that Kautilya was a pioneer economist also from a world history perspective. Jha and Jha (1998) conclude that Arthashastra is a monumental treatise of the ancient world that possesses great importance in the history of economics. Research on Arthashastra started when a complete manuscript of the work was discovered and published by R. Shama Sastry in 1908. Ghoshal and Radhagovinda (2006) further analyzed Arthashastra for the 1937 first edition of the Cultural Heritage of India, published by the Ramakrishna Mission in Calcutta. These were general surveys which regarded the text as “the branch of knowledge which deals with the acquisition and preservation of dominion” (Ghoshal and Radhagovinda, 2006, p. 451).

The traditional focus of analysis of Arthashastra was on the role of the state and the organisation of society (Deva, 1984), mostly concluding that the Mauryan economy can only be interpreted in a Marxist way. Scholars have emphasized that Kautilya categorically reaffirms the sanctity of the varna (or caste) hierarchy which Buddhist thought had called in doubt. But Kautilya also argued that the caste system can only exist as part of a system to create “wealth”. Arthashastra literally means “the science of wealth”. Despite its title, it was not an enquiry into the causes of the wealth of nations, but rather a work on polity offering advice to the ruler on how to increase and preserve his wealth and power. However, Kautilya has been identified by some Indian scholars as the inventor of “economics” as a separate

4 Kautilya versus Thiruvalluvar

discipline. They usually refer to the terms he used in his treatise. The concept of artha (wealth) as one of the important goals in life sets the background of his economic thinking. The concept of vartha reflects the national economy, including agriculture, husbandry and commerce, while the concept of arthashastra combined economics, politics, ethics, war and law. This may be described as “human sciences” in the 21st C. Another important feature of Arthashastra is that it contains a revolutionary theory of value: it results from the utility and the scarcity of the product.

According to Dasgupta (1993) Kautilya’s approach had something in common with that of writers belonging to the “Cameralist” school in 17th C Germany, also confirming the present approach of the Norvegian economist Erik S. Reinert (Jomo & Reinert, 2005). They too were concerned with “administrative and policy studies”, the so-called “Kameral-wissenschaft”, rather than economic policy as such, regarding themselves as consultant administrators. Both of them favoured strengthening unification and centralisation of the state, within its own relatively limited territory. They emphasized the vital importance of social cohesion and believed that a major objective of economic policy was the raising of tax revenue for the state.

The role of the state includes a labour code (it is debatable whether this was like introducing a welfare state), a proper taxation system which should not oppress people (while government revenues should be derived from economic participation in selected economic sectors like diamond, gold, silver and heavy metals), and finally a regulating role in production, distribution, trade, and consumption. This also involved building roads along which goods to be traded could be carried, as well as measures for providing security to traders while travelling. To promote trade considerable attention was given to textiles which were partly in private hands. However, the state was expected to engage in production of textiles on an extensive scale, and to maintain strict control and supervision of that part of the industry which was in private hands (Jhingan, Girija, Manimekalai, & Sasikala, 2006).

In many ways these characteristics were comparable to those of Ancient Greece. However, there were also striking differences. First, interest had no negative connotation in Kautilya’s thinking. He actually considered 15 % to be ideal. Second, Ancient Greece was based on slaves for cheap labour, while Ancient India was based on a joint family system and a caste system, which was, however, still relatively flexible. We may conclude that Kautilya was already more advanced as far as capital formation and social protection are concerned. This confirms Dasgupta’s conclusions that he may be compared to 15th to 18th C West-European cameralists as described by Reinert (Jomo & Reinert, 2005).

Some Marxist scholars in India like (1958; see Dasgupta, 1993) also interpreted Kautilya’s thinking as advocating a new and radical agrarian policy. Kautilya was described as being against landlordism and in favour of cultivation by small owner-farmers. However, these interpretations can be debatable. In general Arthashastra recognises the existence of both state-owned and privately owned agricultural land. What can be observed is that, as a result of economic growth during the Maurya-period, trade and commerce began weaning away a large number of Vaisyas (castes involved in commerce and manufacture) from agriculture to trade, and more and more Sudras (outcasts) were required to replace them. Kautilya recognized these tendencies by extending the duties of the Sudras and by expressing a favourable opinion about the lower varnas.

5 Kautilya versus Thiruvalluvar

At the same time it should be noted that, unlike some Buddhist and Tamil sources (confer infra), Kautilya did not directly refer to ethics. His statements are of an instrumental rather than a normative nature. Here again, there is no contradiction with the 18th C Mercantilist and Cameralist traditions in Western Europe. Kautilya considered economic activities as an essential need for which both the state and the individual had to play an important part. He is not bothered by the Bagavad Gita’s quest for ethical activities but his ideas also do not contradict the Gita. His proposal for a wage scale reflects his insistence on a stable government.

Kautilya’s concept of what is good governance is reflected in his approach to compensation of official administrators. Scholars have already considered this from two angles. First, the issue became relevant when the state visualized in Arthashastra was compared to present day India. Avari (2007) concludes that the hierarchy of officers controlling the bureaucracy must have been extremely elaborate and finely graded, and that one can see in it the antecedents of the hierarchy at the court of the great Mogul or the British viceroy. Thapar (2006) focuses more specifically on Kautilya’s recommendation that senior officers receive forty-eight times the salary of a clerk, and ministers double that. The ratio of the clerk’s salary to that of the chief minister or of the humble soldier to the commander was approximately 1:96. According to Avari (2007) these figures and the severe punishments for misdeeds and corruption, as described in Arthashastra, suggest that it was most unlikely that the Mauryan state could be defrauded by the people or its officials. This is in striking contrast to the taxation and other regimes prevalent since the second half of the 20th century in South Asian countries.

Rangarajan’s (1987) translation and commentary on the Arthasharstra provides details on the principles of salary fixation and actual salaries of government servants during the time of Kautilya (pp. 288-293). Totally twelve grades of government servants are listed ranging from the servants who tend the animals to senior-most advisors in the King’s court. Of the twelve grades described by Rangarajan, we have selected only the top eight grades since they deal with the salaries of officers. The ninth grade consists of accountants and clerks which are out of the purview of this study. The details of the salaries of the first eight grades are shown in Table 1.

Table 1: Salaries of Government Officials in Kautilya’s Arthashastra

Grade Annual Salary (in panas)

  1. 1  1,000

  2. 2  2,000

  3. 3  3,000

  4. 4  4,000

  5. 5  8,000

  6. 6  12,000

  7. 7  24,000

  8. 8  48,000

Representative Positions within Civil Services Heads of departments of civil service
King’s physician, Chief Engineer
Nil

Forester, Chief Superintendent of Productive Forests Magistrates
Ministers, Governor General of the City, Head of manufacturing establishment, Provincial Governors, Governors of frontier regions, City commandant The Chancellor, The Treasurer

Officiating priest, King’s guru, Councilors

Source: Rangarajan (1987, pp. 288-293)

We suggest to compare Kautilya’s recommendations to pay levels and the pay structure in today’s Indian bureaucracy. The Indian bureaucracy consists of an elite cadre called as the Indian Administrative Service (IAS). The salaries of IAS officers are determined based on the recommendations of the Sixth Central Pay Commission as adopted by the Department of

6 Kautilya versus Thiruvalluvar

Personnel and Training in the Ministry of Personnel, Public Grievances and Pensions, of the Government of India. The pay of IAS officers has four components: basic pay (reflecting the gradual increase of pay within the same range), grade pay (reflecting the officer’s status or level), allowances and benefits, and finally long-term benefits such as gratuity, pension, and other social schemes.

The concept of “cost to company” (CTC) has become popular in India since the 1990s and it includes the total cost incurred by an organization for an employee such as salary, variable pay, benefits, retrials, and training costs. Similar to the concept of CTC, Premarajan, Rao, and Gurunathan (n.d.) have defined a concept called “cost to government” (CTG) to indicate the total costs incurred by the government in employing a person. While a media report (Sinha, 2008) indicates that the actual cost to government can be up to four times the figure on the salary slip, the average multiplier to the basic salary to arrive at the CTG for general government employees is 3.56 (Premarajan, Rao, & Gurunathan, n.d., p. 135). Based on this we have calculated the range of the CTG for each of the levels (Ministry of Personnel, 2000).

Using the procedure suggested by Bloom (1999) and used by Brown, Sturman, and Simmering (2003) we then calculated the Gini coefficient for the IAS officer cadre as 0.1961. Since the Gini coefficient can range from 0 to 1, this seems to be rather low indicating an egalitarian wage distribution. The fact that the government strives to maintain an egalitarian wage structure is clearly mentioned in the Sixth Pay Commission Report which has fixed the ratio of the maximum to the minimum salaries to 1:12 (Government of India, 2008, p. 43).

While there are theories such as tournament and equity theory, which suggest the economic and psychological factors determining an individual’s reaction to the pay structure, there are hardly any studies which suggest the actual level of hierarchy in a pay structure. There have been some attempts at empirically arriving at the level of hierarchy. For example, Mahoney (1979) and Elliot Jaques (cited by Kleiner, 2001) recommend salaries for individuals in a hierarchy based on employees’ perceptions of a fair wage for all the jobs in the hierarchy. Here we suggest to consider the views of Kautilya and extrapolate his recommendations to the Indian bureaucracy of today.

The salaries mentioned by Kaultilya are in the currency of his days, i.e., panas. Fortunately, Kautilya also provides us with a mechanism to derive the current equivalent of the salary in Mauryan times. In Arthashastra, {5.3.34} it is mentioned that “an annual salary of 60 panas is equal to one adhaka of grain per day(Rangarajan, 1987, p. 288). Elsewhere, in Arthashastra {2.15.43} it is mentioned that one adhaka is “enough for four meals for one Arya male” (Rangarajan, 1987, p. 750). According to the Government of India Planning Commission (2012) individuals in urban areas earning less than Rs. 10,314.20 per annum are considered to be “below the poverty line.” By equating a sum of 60 panas per annum to the poverty line estimate of Rs. 10,314.20 per annum, we can estimate the value of one pana as Rs. 171.90 in today’s prices.

Since there was a considerable controversy about the level of this poverty line (Economic Times, 2012), we can assume that this would understate the actual value of the panna in today’s terms. The value of the salaries of government officials in Rupees as suggested by Kautilya compared to the actual salaries of IAS officers in India today is shown in Table 2. In the table, the values suggested by Kautilya have been converted into CTG equivalents using the same conversion factor, i.e., 3.56. This assumes that the ratio of allowances and benefits to the basic wages was the same in Kautilya’s time as it is now.

7 Kautilya versus Thiruvalluvar

Table 2: Comparing Salaries of Government Officials Suggested by Kautilya with Actual Salaries of IAS Officers

Level Annual salary of government servants

as recommended by Kautilya in terms of 2012 values (in Rs. Per annum)

  1. 1  171,900

  2. 2  343,800

  3. 3  515,700

  4. 4  687,600

  5. 5  1,375,200

  6. 6  2,062,800

  7. 7  4,125,600

  8. 8  8,251,200

Annual salary of government servants as recommended by Kautilya in terms of 2012 values (in Rs. Per annum) CTG Equivalent
611,964
1,223,928
1,835,892
2,447,856
4,895,712
7,343,568 14,687,136 29,374,272

Actual Salaries of IAS officers CTG equivalent

1,399,080 1,450,344 1,493,064 2,601,648 2,657,184 2,742,624 3,417,600 3,844,800

Ratio of actual salaries of IAS officers to salaries recommended by Kautilya

2.28 1.18 0.81 1.06 0.54 0.37 0.23 0.13

When we compare the salaries recommended by Kautilya with the existing salaries earned by IAS officers, we find that in the first two years of the government official’s career, the salaries earned are higher than or almost at par compared to those recommended by Kautilya. However, at the senior levels in the bureaucracy, the salaries earned by IAS officers in India today are a small fraction of those recommended by Kautilya for government officials.

Using the procedure suggested by Bloom (1999) and used by Brown, Sturman, and Simmering (2003) we calculated the Gini coefficient for the CTG salaries recommended by Kautilya in Arthashastra as 0.5759. This is a rather high Gini coefficient indicating an extremely hierarchical wage distribution.

What are the effects of the discrepancy between Kautilya’s recommendations and the current pay policy in the IAS? The pay levels of senior IAS officers (beyond 15 years of work experience) are a fraction of those recommended by Kautilya in his Arthashastra. In addition, the increase in salary as an IAS officer rises in the work levels within the IAS is much more egalitarian (a Gini coefficient of 0.19) as compared to the pay structure recommended by Kautilya in Arthashastra (Gini coefficient = 0.57).

According to Adams’s (1963) equity theory, individuals compare the ratio of their outputs to their inputs with the ratio of others’ outputs to others’ inputs. When employees perceive an inequity in the ratio of outputs to inputs of self and others, they take steps to correct it. Job inputs can be in the form of qualifications, work experience, and performance and job outputs can be the form of tangible rewards such as compensation and benefits or intangible returns such as respect and recognition. If an individual feels that with respect to job inputs, the organization does not provide adequate outputs, he or she will take either work lesser, or seek to improve the outputs through other means (such as politicking or stealing) or will quit the job. Conversely, when employees perceive overpayment (as when they are paid efficiency wages), they work harder to correct the inequity. The tendency of humans to avoid inequity can explain the apparently contradictory findings of selfish and altruistic behavior (Fehr & Schmidt, 1999). In a laboratory experiment, even monkeys have shown an aversion for inequity (Brosnan & de Waal, 2003) which leads us to conclude that this inherent aversion to

8 Kautilya versus Thiruvalluvar

inequity was necessary for the development of cooperation amongst members of our species during evolution.

Extending these insights to the organizational context, Greenberg (1990) described a field experiment where he compared the rate of employee theft at two plants during the period when wages were temporarily reduced by 15%. The plants where wages were reduced had significantly higher levels of employee theft as compared to the control plant, thereby illustrating that employees’ respond to underpayment inequity by increasing their outcomes. Another example of the damaging effects of pay inequity can be seen in the case of two large retailers in the USA, Walmart’s Sam’s Club and Costco. Costco pays substantially more compensation as well as medical and retirement benefits to its employees. Specifically, Costco pays an average wage of $17/hour while Sam’s Club pays the minimum wage of $10/hour. Costco’s generosity extends not just to cash wages but also to its health plan and retirement plan- 85% of Costco employees get a health plan worth $5735 per annum while only 47% of Sam’s Club employees get a health plan worth only $3500 per annum. Similarly, 91% of Costco employees get a retirement plan worth $1330/annum while only 64% of Sam’s Club employees get a retirement plan worth only $747/annum. Given the extremely low wages at Sam’s club, it is not surprising that their shrinkage costs (wastage or losses due to negligence and neglect) are a staggering 1.7% of sales as compared to Costco’s 0.2% (Cascio, 2006).

Since liberalization of the Indian economy in 1990, there has been a steep rise in managerial salaries driven by the increasing demand for managerial talent. Another factor that led to a sudden rise in salaries was a change in the Companies Act that drastically increased the limit on CEO compensation (Kakani & Ray, 2002). In this context, the issue of low salaries for IAS officers becomes even more serious.

Given the low salaries and poor opportunities for economic growth, it is no wonder that the overall satisfaction of government servants with their pay and benefits is very low and even though they were quite satisfied with their job and were proud of being government servants, it did not compensate for their dissatisfaction with the poor pay and benefits. In fact, most of the government servants felt that their pay and promotion opportunities were not equitable and did not compensate them adequately for their contribution to their work (Premarajan, Rao, & Gurunathan, n.d.).

Thiruvalluvar’s Spiritual Ethics

It is interesting to note that Kautilya’s solutions to an ethical deficit in economic behavior, including corruption, are not shared by many other ancient Indian classics. Among them was Thiruvalluvar, Kautilya’s South Indian counterpart, who was a poet and philosopher, born in Mylapore, near present-day Chennai, possibly around the year 31 BC. Unlike Kautilya, who was a Brahmin, Thiruvalluvar was possibly a weaver, but when he took his great work, Tirukkural, to the assembly of Tamil scholars at Madurai for their approval, his fame immediately eclipsed that of other scholars in ancient South India. Whereas Arthashastra was pragmatic, Tirukkural seeks truth in religion and is consequently much more ethically oriented in a spiritual sense. Thiruvalluvar’s ethics do not accept the concepts of Buddhism and Jainism about the benefits of abandoning social and active life, and opting for renunciation as a better way of seeking enlightenment. He emphasized the need of prosperity for which three factors are indispensable: farmers (Land), merchants (Capital) and virtuous

9 Kautilya versus Thiruvalluvar

people (Labour) (Tirukkural, chapter 74; Raj, n.d.). According to Valluvar wealth is productive of the joys of this world:

Wealth makes people important. Wealth acquired with proper means will yield virtues and happiness. All despise the poor, but all praise the rich... There is no sharper weapon than wealth to destroy the arrogance of one’s enemies. If wealth is used for noble purpose, it will earn peace and prosperity. The rich man glitters in the brightness of wealth. He enjoys life and visits places he likes in countries far and near” (Tirukkural, chapter 76).

Clearly, Thiruvalluvar considered the acquisition of wealth as important and justified, and that it should not to be despised. In chapter 101 of the Tirukkural, Thiruvalluvar also considered “wasted wealth”:

“He who hoards wealth and does not enjoy it or utilize it to benefit others, is as good as dead, and his wealth is a waste”.

The most productive activity, according to Thiruvalluvar, is agriculture. Some elements of Tirukkural are similar to the “Green Revolution” which took place in India in the 1960s and 1970s except high yielding variety of seeds: extent of ploughing, manure and fertilizers, water-management, weeding at the right time, and protection against pests and diseases.

If a man does not attend to his land personally, it will behave like an angry wife and yield him no pleasure” (Tirukkural, chapter 104).

Thiruvalluvar’s emphasis on wealth may be connected to his attitude on poverty (Tirukkural, chapter 105). True freedom is interpreted as freedom from poverty. There is no dignity in being poor. Poverty leads to begging, which symbolizes evil:

“There is nothing more disgraceful than begging; there is no greater folly than to remedy the evils of poverty by begging” (Thirukurral, chapters 106-107).

This would suggest that Thiruvalluvar was against extreme inequalities, which Kautilya considered as a pragmatic tool against corruption. Also, like the Buddhists, Thiruvalluvar did endorse the fact that insatiable desires and greed are the basic causes of sorrow and pain in life. So wealth was only justified in fighting poverty.

However, whether his inspiration came to some extent from Buddhism is difficult to determine. His inclination towards Shiva would identify him more as a Hindu than as a Buddhist. Many commentators suggest that he rose above all distinctions of creed. Most probably in 1st C BC Tamil Nadu (during the so-called Sangham-period) Hinduism and Buddhism existed peacefully side by side.

Thiruvalluvar’s conclusions were remarkable: he stated that ethical values coincide with a good economy and that therefore a free market is necessary. Basically humans are naturally good and contribute positively to the economy. Naturally, comparisons to 18th C Enlightenment philosophers like Genevan social philosopher Jean-Jacques Rousseau (1712- 1778), and British economist Adam Smith (1723-1790), including his 19th C British utilitarian followers like Jeremy Bentham (1748-1832) and David Ricardo (1772-1823), come to mind. Also Thiruvalluvar’s emphasis on a limited role for the state encourages this

10 Kautilya versus Thiruvalluvar

comparison. Actually Thiruvalluvar limited the states involvement to defence, social security and public works. On the other hand he considered self-sufficiency as extremely important and consequently agriculture is the basis of a sound economy. In this way he had more in common with 18 C French physiocrats (Jhingan, etc., 2006, p. 485-489).

A cornerstone in Thiruvalluvar’s thinking concerns the concept of the original nature of man. Like many philosophers of the European Enlightenment Thiruvalluvar identified the state and the resulting society as the main cause of these destructive desires and greed. By neutralizing the unnatural forces of the state and society, and allowing one’s natural true self to emerge, life can be reformed and refined. This would enable a firm attitude of mind, allowing to neutralize greed and to resolute that “we do not need what we can do without” (Narayanaswamy, 2010, p. 18). Thiruvalluvar described this as “stable nature”, “true knowledge”, “nature of the world”, or “proper procedures by the law of nature” (idem). These notions can easily be compared to Rousseau’s research on

However, Thiruvalluvar suggested that the “nature of things” is only identified “after considerable thought, planning and analysis”. Then, “once a decision is taken, any hesitation or delay is suicidal(Raj, n.d.; Thirukkural, chapters 64-68).

In a natural society the Rule of Law would reign. This would allow good governance by law, based on “equality before the law” and “equal protection of the law”. It is the natural duty of the government to address people’s grievances, protect the people, and punish criminals. Thiruvalluvar compared a just government to the natural phenomenon of “rain”: “As is the world without rain, so is the country with unjust government”. Despite emphasizing the need for wealth he disapproved of interfering in the economy as this would result in abuse of power: “Prosperity gives more sorrow than poverty under unjust rule” (Thirukkural, chapters 55-56; Raj, n.d.).

In Thiruvalluvar’s time South India consisted of kingdoms. However, as the “king” was part of nature, he symbolized “justice” and “good and just government”. Everything is interconnected: the justice of the king will provide rich rains and harvests. If the top of the decision-making pyramid is corrupt than everything in the country will fail. “Harmony” is the key-word. Harmony provides “good governance”, and “good governance” allows harmony (Tirukurral, chapter 74). From this perpective Raj (n.d.) suggests that Tirukkural is, to a great extent, a utopia. Thurivalluvar may have referred to a qualitative different society to express his aspirations to establish new social relations among people.

Thiruvalluvar agreed with Kautilya in emphasizing that government officials should not abuse their position. However, he believed that only individual transformation could solve the problem: “The enlightened and unblemished in positions of power dare not misuse their privileges to baser ends” (Narayanasamy, 2010, p. 203). In comparison Kautilya’s emphasis on higher compensation is much more pragmatic than Thiruvalluvar’s spiritual and purely ethical approach.

the individual and society. Like Thiruvalluvar, Rousseau argued that the individual might

retain an innate human goodness while remaining part of a corrupting collectivity:

the relationship between

“Everything is good as it leaves the hands of the Author of things; everything

degenerates in the hands of man” (opening line in J.J. Rousseau, Émile ou de

l’éducation, 1762).

11 Kautilya versus Thiruvalluvar

However, on the whole Thirukkural is basically philosophical prose emphasizing the virtues of proper human behaviour, learning, citizenship and an ascetic lifestyle. According to Thiruvalluvar, wealth is essential but it is only a means to an end, not an end in itself. But at the same time he argued “If you live, live to acquire fame and glory; if not, it is better not to live”. Albert Schweitzer (2006) concludes: “Like the Buddha and the Bhagavad-gita, the Kural desires inner freedom from the world and a mind free from hatred...” (quoted by Varadarajan, 1988, p. 68-89). But for Schweitzer (Varadarajan, 1988, p. 170) there is more because Thirukkural advocates the idea of active love: In the Kural world and life negation is only like a distant cloud in the sky”. According to Schweitzer (quoted by Varadarajan, 1988, p. 171):

Whilst the Bhagavad-Gita in a forced and chilly manner gives as a motive for remaining in active life that it is in accordance with the order of the Universe, the Kural justifies it what an advance! by the idea of ethical activity. Work and profit place man in a position to do good”.

Conclusion

In this contribution we have considered the relevance of two ancient Indian classics for the current problem of an ethical deficit in governance and economics in emerging markets. We have established that the wage structure recommended in Kautilya’s Arthashastra compared with the existing wage structure of the Indian bureaucracy is very egalitarian and this could have contributed to the lack of efficiency and ethics the wage structure recommended in Arthashastra (Trautman, 2012). Consequently, Kautilya demonstrated that both the wage levels and the wage structure of the Indian bureaucracy needs to be substantially changed. As humans are by nature possessive and greedy, a clean and efficient administration can only be achieved by higher compensation. Thiruvallavur clearly contradicts this by stating that humans are by nature good and that government interference in the economy has to be limited to certain domains. His emphasis on poverty alleviation would suggest a more egalitarian wage structure.

In conclusion we might refer to Rousseau’s acknowledgement that every society “must

choose between making a man or a citizen”. For Kautilya the destructive characteristics of

man can only be corrected for the common good by making him into a citizen who works for

the common good, symbolized by the ruler. It involves selecting the best social institutions

that take into account man’s natural weaknesses and curb these in favour of the common

good, even if this includes an institutionalized unequal distribution of wealth. This merely

avoids even more unfair conditions. It is about establishing pragmatic solutions for the

problem of the negative natural instincts of man. For Thiruvalluvar (and also Rousseau)

Kautilya’s approach would be to denature man, to take his absolute existence from him in

order to give him a relative one. Thiruvalluvar favoured the positive original (natural)

instincts and tried to establish ways for natural man to live within society. From this

perspective less government would be a solution to the problem of an ethical deficit in

governance, including corruption.

Unfortunately, the Indian Independence movements did not take much into account their own traditions of identifying economic ethics and good governance. Thiruvalluvar, for instance, is only marginally included in the economic ideology of the pioneers of the Dravidian (South Indian liberation) movement (Santhi, 2009). In general, history, philosophy, and spirituality

12 Kautilya versus Thiruvalluvar

are left out from the mainstream economics and business curricula on a worldwide scale. Consequently, we suggest that here are forgotten sources for creating ethical incentives in economics and governance today.

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An Analytical Study of the Relevance of Arthshastra in Modern India Dr. Renu Tanwar

 Article courtesy: http://www.iosrjournals.org/iosr-jef/papers/vol5-issue3/E0533235.pdf

I. Introduction

Even though India and Indians never forgot the Arthsashtra, the study and practical applications of the book lost its importance since the British rule. Professor Shama shastry rediscovered the book in 1905, he wrote its first English translation. Ever since then, only two more translations that are English have been written. One by Professor Kangle and the other by Shari Rangarajan. The book has many principles and techniques that once applied can prove a tremendous improvement. Arthsashtra, written by Kautilya is an ancient treatise dealing with the governance of a country. Chanakya was a very learned scholar at the Takshashila University, an ancient Hindu university, located in present in Pakistan, and the acharya of Chandragupta Maurya. He had mastery over political science, economics, accounting, and governance, and he was the driving force behind the creation of the Maurya dynasty.

Arthasastra is a very famous treatise on ancient India. It was written around 300 B.C.The book deals with economics,administration,political ideas, ecology and various other topics. The book is divided in to fifteen chapters. Apart from Arthashastra, Kautilya wrote several other books such as Chanakya-Sutras (Rules of Science) and Chanakya-Rajanitisastra (Science of Government Policies).He is India‟s most illustrious political economist of all time. He was a true statesman who bridged the gap between experience and vision. For him, good governance was paramount. The discussion in Arthashastra is as relevant today as it was in Kautilya‟s time. He was well-versed with the characteristics of bureaucrats and statesmen and laid down rules to prevent misuse of power. He emphasized the importance of accounting methods in economic enterprises to properly measure economic performance. He explained that no amount of rules and regulations or auditing can prevent unethical behavior and that character-building and action-oriented ethical values were essential.

He explains the necessity of having strong government finances and an able army. It states that the moral duty of the king is to increase prosperity, ensure judicial fairness, and provide national security. The book also describes duties of other key positions in the government such as Police chief, Chief Justice, Treasurer, Defense minister, Commerce Minister and others. The Arhashastra predates any similar body of work from the Greek, Roman or Chinese civilizations and is the source of many modern practices such as double-entry book keeping method, audits, etc. In this paper I am going to take up some economic ideas of kuatilya which may be proved very useful in present era.

II. Methodology

This is an analytical study. It is based on secondary data. The study has been divided under following sections; Introduction which includes the methodology, data collection and objectives of the study.

Economic ideas of Kautilya in Arthshastra Relevance of the Arthshastra in modern time.

Conclusions and Suggestions.

Data Collection;

There are many books available on Kautilya‟s Arthshastra. Originally the book was in Sanskrit. Later it was translated in English and Hindi by many scholars. Sources of data collection include the following:
1 Books written on Arthshastra by authors and translations of the book itself.
2. Articles published in various journals.
3. Reports of researchers on Arthshastra.
4. Papers published by various organisations on the subject.
5. Internet Websites

Objective of the Study;

There are many books available on Arthsashtra but unfortunately for the development of economic thought, kautilya‟s writings were not discovered until early in the twentieth century. So the basic objective of this study is to explore the kautilya‟s economic views and to investigate the relevance of Kautilya‟s economic ideas in modern time periods.

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Economic ideas of Kautilya in Arthshastra

A perfect balance has to be maintained between State management and people's welfare is the essence of Kautilya's economic treatise Arthshastra, created 2,500 years ago. He was a great statesman as well as great scholar. He defined „Economics as the most important aspect as it provides the basis for human existence and survival.‟ He performed a dominant role in the formation of Maurya Dynasity.It was his guidance that empire attained growth with stability with the help of strong administration and efficient fiscal management. He believed in public welfare because when his work gave a strong focus on the wealth, effectiveness and wellbeing of the king, his actual objective was not to benefit the king but to benefit the people.

Welfare State

Arthsashtra lays the conceptual foundation for making India the first welfare state. He advocates welfare in all spheres. He did not talk only about human welfare but paid attention to animal welfare also. He states,

“In the happiness of his subjects lies the king‟s happiness, in their welfare lays his welfare. He shall not consider as good as only that which pleases him but treat as beneficial to him whatever pleases his subjects”
He advocates the protection of livelihood, of weaker section, consumer protection and even the welfare of prisoners also. The King‟s dharma is to be just, fair and liberal in protecting his people. His attitude to his people should be like attitude of a father towards his children. Kautilya defined the ideal ruler as one “who is ever active in promoting the welfare of the people and who endears himself by enriching the public and doing good to them.”

Good Governance

Governance generally encompasses all aspects of the way a country is governed, including its economic policies and regulatory framework. Kautilya had immense knowledge about various aspects of governance such as taxation, diplomacy, trade, business, administration etc. It is said that he had a fair knowledge of medicine and astrology as well. It is a treatise on political economy similar to Machiavelli‟s The Prince and hence he has been compared to Machiavelli by some and Aristotle and Plato by others. Kautilya speaks of the way a state‟s economy is organized, how ministers should be chosen, war conducted, and how taxation should be arranged and distributed. Emphasis is placed on the importance of a network of spies and informers which function as a surveillance corps for the king, focusing on external threats and internal dissidence.

He takes a holistic approach to governance and explains several areas critical to the functioning of a country in depth. The main sections deal with National security and Foreign Policy, Administration of Justice, Policies related to economic development, Taxation, Labor Management, and Financial Management. To him attainment of good governance requires that the objectives of the state are fulfilled and realized. This is possible through properly organized and guided administration. He suggests that good governance should avoid extreme decisions and actions. Decisions should be taken according to the situation.
Picking on Kautilya's four-pronged approach to public finance and state planning, which was actually economics, monetarism and much more, based on "dharma, artha, kama and moksha," the experts agreed that understanding human welfare was the cornerstone of Arthshastra, said to be the oldest and most exhaustive treatise on governance and administration of state in the world, which set forth theories of state craft and monetarism and also a code of civil and criminal law still relevant today.

The Arthshastra equates political governance with economic governance. The end is economic governance while political governance is the means. But as economic objectives are not realized in the absence of political ones, then political governance becomes an end and economic governance the means. 'The end justifies the means', this is supposed to be the basis of Kautilyan philosophy. Political power and material wealth are the means and ends of governance. And good governance - political or economic - depends upon justifying the ends and means as the socio, economic and political conditions.

According to Kautilya, to ensure good governance there must be a properly guided public administration, where the ruler should surrender his likes and dislikes in the interest of his subjects, and the personnel running the Government should be responsive and `1sponsible. Kautilya further emphasized that for citizen friendly good governance there should be uniformity in the administrative practices as well as competent ministers and officials possessing qualities of leadership, accountability, intellect, energy, good moral conduct, and physical fitness, capable of taking prompt decision. According to Kaufmann and Kraay,‟ the concept of Governance is not new. Kautilya presented key pillars of the art of governance emphasizing justice, ethics and anti autocratic tendencies. He further detailed the duty of the king to protect the wealth of the state and its subjects, to enhance, maintain, and it does also safeguard such wealth as well as the interests of the subjects.”
A ruler who administers justice on the basis of four principles: righteousness, evidence, history of the case, and the prevalent law, shall conquer the earth.

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An Analytical Study of the Relevance of Arthshastra in Modern India

Foreign Trade

Foreign trade has always been essential element of any economy. Kautilya recognised that foreign trade in goods and services is a major vehicle for increasing the state wealth. He said that foreign trade should be encouraged by providing some incentives such as exemption from taxes so that foreign traders to make a profit. He gave very much importance to imports. He further said that foreign trade is helpful to increase the supply of those goods which may not be available domestically. Through imports a state can be obtained goods more cheaply from foreign sources. In this way he formulated a comparative advantage view of foreign trade He said that it is beneficial for the different kingdoms when the product being imported are cheaper than those can be obtained domestically. He recognised that trade based on the principal of comparative advantage would be beneficial for both exporting and importing nations. Trade is an important source of revenue for the Treasury. Kautilya supports the use of tariffs, both export and import duties. Kautilya advocates attracting foreigners who possess good technical knowledge.

He Supports the use of tariffs, both import and export duties. He suggested heavy taxation on those foreign goods which are items of luxuries and on the other hand on the articles of common consumption light duties were imposed. Any item which is highly beneficial for the country should be free from any import duties. He was the first person to discuss the passport is necessary to cross the boundaries.

Taxation

Jha and Jha(1997) pointed out that “Chankya paid supereme importance to the maintenance of a rich treasury, which favourably affected entire activities of the administration.” He paid a lot of attention to good fiscal management and the ways to development all the sectors of the economy. To him public revenue does not exist for the pleasure of the king but as a fund to be utilised to augment the wealth of nations. He admitted the taxation is the main source of revenue. The power of taxing of the state is unlimited but taxation should not be excessive.

He advocated that tax base should be increased not the tax rate. He criticised the excessive burden of tax on people. Kautilya used to say „King must collect taxes like honey bee, enough to sustain but not too much to destroy.‟ Kautilya implicitly suggests a linear income tax. He emphasizes fairness, stability of tax structure, fiscal federalism, avoidance of heavy taxation, ensuring of tax compliance and subsidies to encourage capital formation. He advocated limiting the taxation power of the State, having low rates of taxation, maintaining a gradual increase in taxation and most importantly devising a tax structure that ensured compliance many postulates of Kautilya‟s philosophy of political economy are applicable to contemporary times. Ideally, the government should collect taxes like a honeybee that sucks just the right amount of honey from the flower so that both can survive. Kautilya's scheme of taxation involved the elements of sacrifice by the taxpayer, direct benefit to the taxpayers, redistribution of income, and tax incentives for desired investments. He recommended tax holiday as an incentive which means if any one brings new land under cultivation, he should be exempted from agricultural tax for at least two years. He advocates a mixed economy and argued for a very active role of government. His discussion on taxation gave an idea of three principles i.e. taxation power is limited, taxation should not be heavy and excessive and tax increase should be moderate. He recommends a system of tax collection and public expenditure of revenue in such a way as to build up the permanent revenue yielding capacity of the economy. He said tax base should be augmented not the tax rate. The functional relationship which discussed kautilya in Arthsashtra between the rate of income tax and the magnitude of tax revenue is now expressed in terms of Laffer curve.

He advocated indirect taxes like excise and custom duties and direct taxes as income tax on individuals, wealth tax, and profession tax. He also advocated land revenue, water tax and toll, fine and penalties. According to him tax receipts can be divided into three parts; income earned through taxes on goods produced within a country, Income earned through taxes on goods produced in the capital and income earned through taxes on imports and exports. He advocates that rich persons should pay higher tax according to their paying capacity. In this way he considers the ability to pay approach. Tax should be levied one in a year.

Growth Oriented Public Expenditure

Kautilya advocated that most of the revenue generated from taxation should be spent on productive activities and public welfare. He discussed different items where sate should incur expenditure such as on national defence, public administration and salaries of the ministers, government departments, maintenance of national store house and granaries, maintenance of armies and on the acquisition of valuable gems, stones and ornaments and whatever was left should be deposited to the treasury.

Infrastructure

Kautilya considers infrastructure as very important for the state development and also very useful for promoting commercial and trade activities. He suggests that state should invest in transport infrastructure

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An Analytical Study of the Relevance of Arthshastra in Modern India

specially roads so that foreign trade and commercial activities can be increased and so that states revenue. Roads would be helpful in opening up new markets for both domestic and imported products.

Relevance of Arthsashtra in modern time.

Kautilya, also known as Chanakya or Vishnugupta is one of the most famous Indian political thinkers. Though he lived a long time ago, certain principles from his theory are still relevant in today‟s framework. The book, written in Sanskrit, discusses theories and principles of governing a state. Kautilya demonstrated an extremely vital imperative: governance, polity, politics, and progress have to be linked to the welfare of the people. Having discussed the some economic ideas of kautilya, it can be said that even the terminology employed in Arthsashtra may have changed but the nature and role of state in the economic system seem persistent in all settings. Covering various topics on administration, politics and economy, it is a book of law and a treatise on running a country, which is relevant even today. His ideas remain popular to this day in India. He provided valuable basis for economic science. It contains very useful economic ideas on foreign trade, taxation, public expenditure, agriculture and industry.

Good governance and stability are inextricably linked. If rulers are responsive, accountable, removable, recallable, there is stability. If not, there is instability. This is even more relevant in the present democratic setup. Heavy taxation should be avoided. If tax rates are high, public will not be willing to pay the tax and find out the ways of tax evasion. Low rate of taxation will yield more revenue to the state.
He was fully aware that terms of trade were not just depending on economics but also on various parameters. There is no autonomous mechanism that will ensure that a nation would benefit from trade in the absence of certain safeguards and policy measures.

Social welfare is the centre point of kautilya‟s economic ideas. The State was required to help the poor and helpless and to be proactive in contributing to the welfare of its citizens.
The emphasis that Kautilya gave to human capital formation is relevant in current times because development is not possible without human capital accumulation.

Apart from these ideas there are a number of things in Arthsashtra which is very relevant such as conservation of natural resources.

Arthsashtra provides much basic knowledge about economics, and several of his ideas are still relevant.

III. Conclusion

Kautilya‟s Arthshastra provides valuable basis for economy. It contains useful insights about economics. It can be used to glen of relevance to our time and can be useful to illustrate several modern economic ideas. He offered a set of different economic policy measures to promote economic development in the economy.

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Thursday, May 11, 2023

Conceptualizing a Kautilyan Criminal Justice System - By Kaartikay Agarwal

 Article courtesy:

https://criminallawstudiesnluj.wordpress.com/2020/05/10/conceptualizing-a-kautilyan-criminal-justice-system/

“It is the power of punishment alone when exercised impartially in proportion to the guilt, and irrespective of whether the person punished is the King’s son or an enemy, that protects this world and the next” – Chanakya

Reformation of a Penal Code based on 19th-century Victorian ideals has been a constant process since Independence. As we are moving towards reforming our legal system to confront new challenges, Indian theorists and their thoughts are at the forefront of reformation. Chanakya (also called Kautilya) remains an extremely influential and controversial figure in Indian history even 2,000 years after his death. Chanakya is popularly in academic circles known as Indian Machiavelli (even though Chankaya lived 1,700 years before Machiavelli and Arthashashtra as work is much more in-depth and concise than the most famous work of Machiavelli i.e. The Prince).  His most famous work is the Arthashastra, which is a comprehensive treatise on economics and politics. The Arthashastra is an authoritative work on statecraft, has three parts that relate to economic development, administration of justice, and international affairs and is further divided into 15 books. Book 3,4 and 5 deal with crime and punishment in a Kautilyan state.

The Arthashastra also provides the reader with a glimpse of Ancient India through its vivid description of life and administration in the Mauryan Dynasty, something that forces us to think and ponder upon how exactly did justice function in Ancient India? At a time when law and order increasingly becomes an issue of concern, we can learn from the wisdom of our forefathers and understand how the idea of criminal justice has grown and evolved. This piece aims to analyze broadly the various crimes as defined by Chanakya, their penal enforcement, and parallels with the current prevalent system.

Essentials of a Justice System 

Chanakya describes maintaining law and order as the essential duty of government. This can be done in 2 ways, maintaining the social order as well as preventing and penalizing criminal activities. There is a clear distinction between the administration of civil law and criminal law. Book 4 of his omnibus includes the issues of criminal law and is titled ‘removal of thorns’ or removal of anti-social elements. For Kautilya, there were 4 bases of justice according to which any matter in dispute must be judged –

  1. Dharma, based on truth
  2. Evidence, based on witnesses
  3. Custom, traditions accepted by the people
  4. Royal edicts, the law as promulgated

A judge was called a ‘Dharmastha’ or upholder of justice indicating that ultimately the highest law of the land is Dharma. A bench of 3 Magistrates or Judges was responsible for the containment of anti-social activities. The remedies available in the Kautilyan State varied, in most cases fines were an adequate remedy but there were also remedies of incarceration, torture, and death available. He further discussed more pillars of a  justice system. Firstly, that the rule of law had to be followed which suggests that, no one was above the law. Checks and balances were clearly introduced for all public officials including extra fines and punishment for malpractice in public duties. The doctrine of ‘Matsya Nyaya’ or the weak get eaten by the strong was not to be followed in an administration. If proper law was maintained by the king, the weak would not have to succumb to the fancies of the powerful and thus it was the responsibility of the Kingdom to protect the weak and follow the principles of justice. Secondly, the laws must be clear and concise and properly codified to ensure their remains no ambiguity or room for misinterpretation by judges and officials. Thirdly, the effectiveness of law enforcement depended on 3 factors- honesty of the law enforcer, proportionality of punishment and the importance of judicial fairness in the sense that justice must not only be done but also be seen.

Kautilyan Penal Code

Kautilya based his penal system on a complex interplay between monetary and physical punishments. He subscribed to a theory of the maintenance of law and order by the government by punishment, also called Dandaniti. Although he warned against meting out unjust punishment by the king and that such unfairness would lead to large scale dissatisfaction. Although prima facie, his theory seems cruel and a true representative of an Orwellian state, he provided for a lot of flexibility and safeguards within his system. The prescribed punishment could be modified by the magistrate taking into account the circumstances of the case and the local conditions, thus a certain leeway was granted to the Judiciary to implement the laws. The punishment was intended to strike a perfect balance, neither too severe nor too harsh. Existence and consequently reliance over upon regressive factors like caste and gender discrimination cannot be denied in the textand for some offences, the degree of punishment varied depending on the caste of the criminal. Punishment for offences depended on the caste and status of the victim and the accused and continued to vary with their respective circumstances. Non-vaginal intercourse was also prohibited in the text.

Checks and balances were established for the judges. No judge was to threaten, intimidate, misrepresent and fail on his other ethical duties, failure to do so lead to a hefty fine and even impeachment from office. Government officials involved in any corruption were to be severely punished. Leniency was shown within the system to those suffering from poverty, illness, thirst, etc and special circumstances of the person was to be taken into account while fixing the penalty.

While the current justice system is often accused of unfairly targeting exploited groups and does not take into account the conditional differences leaving the masses often feeling alienated from the justice system, the unique Kautilyan code had a place for taking into account the unique circumstances of a person.

Drawing Parallels 

As described in the Indian Penal Code, crimes like causing miscarriage, assault, rape, homicide, and even state corruption were clearly identified and their definitions and separate punishments were prescribed by Chanakya.

The omnibus remains progressive in certain ways when it describes that it sets down a clear standard for what constitutes rape: no woman shall be enjoyed against her will. While the Criminal Law (Amendment) Ordinance 2018 further strengthened more severe punishment for rape of a minor, so did the Kautilyan penal code where cases of rape of a minor were to be punished more severely. The punishment was also proscribed for Animal cruelty and deforestation including varying punishments for harming animals. So while the western world, woke up late to the realization about protecting wildlife and nature, Chanakya had already in his code provided safeguards for the animal kingdom something that also represents the emphasis on ‘Sanskriti-Prakriti’ or the confluence between urban development and nature that Indian philosophical traditions have long emphasized upon.

Largely, all major modern crimes were covered by Chanakya and the width of his vision and foresight can be seen in the division he proposed between a civil and a criminal system and identification of a varying number of crimes including a separate judicial system as well as a separate investigation system.

Criminal Investigation

There were 3 grounds of arrest in a Kautilyan justice system-on suspicion, on possession and for crimes such as murder. The difficulty in the investigation during those times was taken into account. No one was to be arrested for a crime committed 3 days prior to the time of the arrest. Further grounds for reasonability were laid down for each of the types of arrests. For example, an arrest on suspicion could only be made for certain crimes such as murder, theft, and corruption.

For various crimes, different modes of the investigation were given in detail. For burglary, the entry and the exit of the thief were to be looked for. Evidence of the burying of tools and objects used for breaking in were to be searched for and if no external break-in clues found and the knowledge of the goods stolen was precise, then the burglary was presupposed to be done by someone on the inside. For unnatural deaths, Chanakya clearly stated that ‘anger is the motive of murder’. The magistrate was ordered to conduct a post mortem on any cases of sudden or unnatural deaths. Oil was to be smeared to effectively study the bruises of the victim and this examination of the body was to be conducted even if it appeared that person had committed suicide. Pseudoscientific methods to prove causes like poisoning were also described in detail.

The examination methods for witnesses and the accused are also described in detail. For cases involving unnatural deaths, those closely associated with the victim had to be questioned about his/her daily dealings and people near the scene of the crime were also to be questioned. The investigation had to be further conducted based on the evidence given by these people. Anyone suspected of having committed a burglary was to be interrogated in front of the accuser as well witnesses. Firstly, the personal information had to be stated by the defendant followed by a description of his alibi on that particular day and of the next day as well. If the statements proving his innocence were corroborated and found to be true, he was to be acquitted. Otherwise, a modus operandi had to be established regarding the way of entry, accomplices, tools used. If his innocence could not be corroborated, methods of torture were to be to elicit a confession although the prosecution could not rely solely on the confession of the accused if it was elicited by torture. The conclusive proof was essential before sentencing the person.

For presumption of guilt in an offence, torture was ascribed as a legitimate method. Certain groups of people including Children, aged people, the sick, pregnant women, and the insane were not to be tortured under any circumstances. Torture could never be severe enough to result in death, and if it did, the person responsible had to be punished. Furthermore, methods of torture were also prescribed by Chanakya for different levels of crime. An alternative to torture was when the suspicion of guilt was not that high, the suspect could be followed and his movements tracked for a period of time post the occurrence of the crime.

Conclusion


Indian criminal law is largely distinguished by colonial influence and it perpetuates the ideas drafted by Macaulay in a framework which promotes diversification of culture, between man and nature. While 150 years later, we continue to largely follow the Penal Code drafted by Macaulay, Chanakya offers a unique insight into the pursuit of future advancement of criminal law jurisprudence by opening up avenues for an amalgamation of its core principles with a culturally inclusive identification of stakeholders. Kautilya’s justice system shares many of ideals and objectives that are in consonance with our current justice system.

He continues to remain a relevant yet largely underrepresented think. Although the execution of his ideas across the fields of law, politics, and economics is a rare milestone that would revolutionize the criminal justice system by restoring the synergies of each niche of India, countering the lack of representation given to societal factors and the ecosystem. Chanakya and his thoughts on the Criminal justice system force us to rethink strategies with the aim of widening the scope of our system and evolve from the seeds sown by the Mauryan Empire instead of burying historical lessons to make it stronger and more robust. There is a crucial need to bridge this gap between the past and the present by ensuring a discussion of the confluence of cultural and legal principles.

[The author is a first-year student at National Law University, Delhi.]