Wednesday, February 9, 2011

Kautilya then and India now!!

When I bought the book, my friend quipped `why? do you require a harder pillow??'.  I ignored the sarcasm and smiled because the tome was indeed sizable.  But my wife was more appreciative; being a History major, she nodded condescendingly at me with a look which said `finally! you are trying your hand at history'.  She cannot be faulted either because I have never been prone to delving into the distant past.  But Kautilya and his Arthashastra have fascinated me no end, simply because I have heard that they have a timeless quality about them in terms of their relevance to any time, all governments/rulers and politics generally.  I was especially excited by the thought of anachronistic application of Kautilya's wisdom to `India-now, shining or otherwise',  to see how people, events and situations measure up against the sagely pronouncements made some 2300 years ago!!  During my sojourn through the book, every now and then a Kautilyan pearl flashed, bringing into focus a recent, distressing event or a particularly quixotic or corrupt political figure. 

"To the extent a society respected dharma, it protected itself; to the extent a society offended/disrespected dharma, it undermined itself."  That was the first truism, except that not many care for it today, that jumped out of the book.  You have to just observe what goes on around you, to nod  your head in agreement - yes, we are getting what we deserve and there is no gainsaying that it will get worse!!  Simply because society at large has forgotten that punishment follows crime; that people who act against dharma will reap a bad harvest eventually.  That in turn, is due to the unholy material success that the rampantly corrupt, the downright evil and the absolutely immoral seem to have achieved during a single life-time, without any apparent backlash from the government or God , thereby becoming role models for the avaricious!! 

`Dandaniti' or using force to maintain law and order is advocated by Kautilya as an integral part of governance.  At the same time, the tenet that `punishment has to be just' is never forgotten.  Notably, we have completely moved away from both, driven by a warped brand of democracy, political affiliations, corrupt governments and judiciary, etc.  Thieves and murderers are masquerading as lawmakers now; rapists can be ministers, no problem; politicians and bureaucrats gobble public money in a clear case of the fence eating the crops.  `A king who is lenient in punishing the guilty, is held in contempt' Kautilya says.  How true!! Just look at the visceral contempt generated by the governments, institutions and political leaders of the day!!  Even the prime minister of the day, who was held in esteem has come sliding down many notches in the recent times, thanks to the protective armour the scam-tainted leaders are moving around in.

Kautilya does not trust traders, believing that they are always ready to make money at the cost of consumers. 'Merchants are all thieves, in effect and shall be prevented from oppressing people', he says.  The business community can hold its head high that they have maintained this image through the centuries!!  The only change in modern times is that merchants exploit customers with impunity, without any compunction.  All the `modern' methods of tampering of the weighing scale, adulterating gold with lesser metals, etc, seem to have had their origins in Kautilya's time or even earlier - a plethora of references to such malpractices in the book!

Kautilya warns not to accept mere confessions without corroborative proof,  because such confessions could be out of fear of being tortured. That is indeed very prophetic, considering the fate of most confessions taken by police from people in their custody, but readily retracted subsequently in the counrt!!

`Wealth will slip away from that childish man who constantly watches the stars; what can the stars in the sky do to help retain wealth? (or for that matter, power?)' - a sad commentary on all those who go around desperately looking for the `right' stone for them; those who insert innumerable a's, e's and s's into their names to satisfy numerology; those politicians who seek to appease gods and goddesses by yagnas near their seats of power, instead of taking care of the needs of the people?

 `Unsubdued jungle tribes live in their own territory, are brave, fight in daylight and with their ability to seize and destroy communities, behave like kings'.   Kautilya was referring to Maoists?? Or the tribes in the north east, who want their own writ to run in specific areas??

That there were culprits who thought nothing of desecrating temples and holy places even those days, emerges from the rule that those were urinating or defecating in or near such places were fined heavily.  And, hold your breath, there was a heavier penalty for those who chose to practice sex with the images of goddesses.  Now, who said modern day India is forgetting its heritage?


Drinking halls were all owned by the king (yes, and the Tamil Nadu government just took a leaf out of Arthashastra when it appropriated the business of local liquor vends and for the same reason - mobilising resources for the government as well as ministers).  They were required to have seating areas and sleeping areas, perfumed and decorated with flowers, for the comfort of those getting sozzled!!  I can hear concerted sighs from avid drinkers.  But one rule was the same - drinks had to be consumed inside the hall and could not be taken out!!   Kautilya had decreed that `providing sexual entertainment to the public' was also a state monopoly and all such establishments were public sector enterprises.   Boy, such a PSU would become a Navaratna equivalent in the shortest possible time now.


There was a category of women who did not stir out of their houses – widows, handicapped women, unmarried women and the like.  Work was sent by the textile commissioner through his own maid servants to the homes of such women.  First signs of BPO and work-from-home initiatives!!


The use of women to delude and entrap enemies was extensive and permitted.  Now we know, why the Helens, the Bindus, the Jyothilaxmis were cast in that mould in so many movies.  Film directors only made things more interesting by throwing in melodious songs accompanied by riveting dances!!


 But women had their share of problems.  They were included in the list of properties owned by men, along with pledges and deposits.  So, Draupadi was not alone in being traded off!!  What was that, lightning?  No, just the collective impact of the induced glimmers in the eyes of hordes of desperate husbands, marvelling at the immense potential of that idea, I guess!!  Am sure the wives would want to reciprocate wholeheratedly!

If stolen or misappropriated property was not restored to the rightful owner within a reasonable time, full compensation was given from the king's resources and part of the compensation came from the officers who failed in their duties.   Do you see what the presumption was??  Was it that if a case cannot be solved quickly, then the authorities were seen to be in cahoots with the thieves and should therefore be penalised??  That would have ensured government officials do not get involved in such shenanigans, but then that was 23 centuries ago. Today the political mafia has turned that dictum on its head - they take all the money they can, out of public funds first, so that only a budget deficit is  available when it comes to improving the lives of commoners!


A major obsession of Kautilya's was `corruption among king's officials'.  As it should be.  He puts it nicely -`just as it is impossible to know when a fish swimming in water actually drinks a bit of that water, so it is impossible to know when a government official will misappropriate public funds'.  Again, modern day governments and officials can take immense pride in carrying on that legacy and taking it to phenomenal heights.  Kautilya lists about 40 different ways in which public officials can cheat the public and the king.  If he updated that list today, I am sure it would include Commonwealth and other Games, 2G to 100G Spectrum allocation, taking over government land to build valuable personal property etc.  And there is a list of 13 types of undesirables, who amass wealth by causing hardship to the public; this group includes corrupt judges, king's officials, village heads, adulterators and counterfeiters.  We can teach Kautilya a few things in this area because of our domain expertise.  Corrupt officials who looted public money were then to pay back every penny and be banished to god-forsaken-places, completely bereft of temptation and opportunity. So, when can we expect the Rajas, Kalmadis, some army generals, chief ministers, central ministers and many of their ilk to be sent to the Antarctic??  Problem is, they may collude to sell all the ice and cause the worst environmental disaster!


Kings in financial distress could resort to taking over temple lands to augment the resources of the treasury.  So, that is where the politicians derive their inspiration in this matter??  It is not `service to god' that attracts the tribe to come into the temple administration business, but the lure of the lucre, right??  Interestingly another recommended method of resource mobilisation for the king-in-distress is `begging from a powerful, foreign king'!  Wow, looks like the seeds of ADB, World Bank and foreign government borrowings were sown long, long back!!


Micro finance institutions and money lenders with usurious intent would not have faced too many problems during those times; the accepted rate of interest for low risk transactions was 15% p.a; moderately risky transactions attracted 60% p.a. and high risk transactions, hold your breath, 240% p.a.  I am sure, SKS and a few other harried companies would probably want to look for a time machine and a wormhole!!

The punishment prescribed for illegal mining and stealing of ore was a penalty of 8 times the value stolen.  Nice.  When can we expect some political majors who are miners in Andhra, Maharashtra and Karnataka to cough up?? And be banished too??

It is very heartening to note this rule - plaintiff should file a response to any statement or rebuttal submitted by the defendant on the same day, usually.  The system recognized the fairness of this since the plaintiff brought the suit of action against the defendant.  With each intervening decade (during the past 2300 years), some grace period was innocuously added to this provision and see what the result today is?  An unmanageable backlog of cases -majority of them frivolous or even downright false; and view that against the other rule that all cases were to be settled then in 45 days or so.  But then, why would our government want to provide such solace to the suffering public, when much more pressing are the interests of hungry lawyers and shameless politicos??

Read this gem - `After an official is appointed by the king, the former shall not ask for special favours from the public, shall not indulge in unseemly activities, shall not associate with disreputable  and wicked people'.  Imagine, if this rule were to be implemented strictly today, who would want to be a politician, except the genuinely honest ??  In actuality, what prevails is the absolute opposite of this requirement.

Another simple tenet - `the king shall scrupulously and thoroughly investigate all the qualities of an individual he is considering for appointment as a minister'.  Insert `Mr.Singh, the Prime Minister and Mr.Thomas, CVC, where appropriate and see the result!!


Whenever there was a danger from specific animals like rats, a rat-tax was levied.  Each family was expected to bring in a certain number of dead rats to prove they had worked for the common good.  Great rule, I think.  Since the perennial menace nowadays is the corrupt politician, what could a reasonably similar rule be for our society??

Kautilya says that the King, as the custodian of the people, should always avert all calamities, remove all obstructions to economic activity and  prevent loss to the state and people.  Where have we moved now??  To frequent state sponsored bandhs, riots, processions, rallies and other mindlessly violent political pursuits which deprive both the state and common man of revenue and income.

Well, there is much more in Arthashastra, but I can see that we will get nowhere with this, so let me stop.

 








2 comments:

Jujubax said...

Excellent post!
regards
madhu

Raghu said...

Brilliant stuff. Will read this book

Lawyer's Documents

Caveate - This is not about all the practising lawyers in the filed today.  But most of the specimens we go to for day-to-day transactions a...