From the
pages of arthasastra!
Hoarders, Blackmarketeers
& Smugglers!
By A.N.Kandasamy
"merchants and
pirates were for a long time one and the same person. Even today mercantile
morality is really nothing but a refinement of piratical morality."
When
Nietzsche, the German philosopher, uttered these words in the nineteenth
century, he was actually echoing the views of that kautiliya of Arthasastra
held on the same matter about 2,250 years before him. For Kautiliya in
his Fourth Book of the Arthasastra entitled the Removal of Thorns has devoted
the entire second chapter of the book to the protection of the people from
the avarice and trickeries of the trading classes. In fact the name of
the chapter itself is Protection against Merchants. By the use of the carefully
chosen word "Protection," Kautiliya clearly suggests to us that he considers
the merchant as an enemy of society and that people should be afforded
protection against his onslaughts on them in the same way you provide protection
against pestilences, famines and fire.
While one may hesitates to
endorse either Kautiliya or Nietzsche completely in their considering the
trader as an enemy of the people or a pirate, no one would disagree in
classifying the hoarder, the blackmarketeer, the smuggler, the adulterator
and the swindler who uses short weights and measures among them as
No.1 enemies of the public and treat them as such. These public enemies
become the more odious when they practice their hateful activities in the
field of essential stuffs especially in the field of trade in food materials.
If one analyses recent history
it would be found that it was the avarice of the hoarder and the blackmarketeer
more than natural causes that had caused food shortages leading a severe
famines in which people have perished like flies inmany countries.
One such famine was the pre-independence famine of Bengal in India.
This was an entirely man-made famine and one cannot fail to recall the
depth of indignation with which the late Jawaharlal Nehru called
upon the British Raj to hang the hoarders by nearest lamp posts.
No civilized nation can countenance
of the hoarder with equanimity and , in fact, the severest punishment is
called for the suppression of such enemies of the people, if society is
to shrive and flourish. The profit motive throughout the ages had made
man a heartless brute and he doesn't for a moment hesitate to indulge
in the most unhumanitarian activities in his desire to accumulate
wealth. Onle the strong arm of the law could stop him and that is why legislative
enactments against the trickeries of the traders become necessary.
Many of us today believe that
the penal laws enacted against the evil practices of the merchant classes
are of recent origin and bequeathed to us by the imperialists who ruled
over us during the last two or three centuries. But that is not so.
A study of our ancient books on law and politics such as the Manudharma
Sastra, Kautiliya's Arthasastra and Yagnavalkya's Dharma Sutra clearly
shows us that penal enactments to punish hoarders, blackmarketeers, adulterators,
smugglers, price-cheats and offenders in the field of weights and measures
were enforced in an ancient India with great severity and efficiency. In
fact even a system of price control existed with the superintenended of
Commerce being in charge of it. Even the idea of a state trading corporation
in local produce is discernible especially in the Arthasastra where its
author as follows in his Chapter No. 6 of book No. 4.
"The merchandise of
the king which is of local manufacture shall be centralised. Imported merchandise
shall be distributed in several markets for sale. Both kinds of merchandise
shall be favourably sold to the people."
Now coming to the other laws,
Kautiliya has the following to say about the treatment that is to
be meted out to hoarders of grain. This particular law is found in a chapter
named "The remedies against calamities such as floods pestilences and Famines"
"During famines he may
either do such works as are usually resorted to in a calamities; he may
show favour by distributing either his collection of provisions, or the
hoarded provision of the rich among the people... or the policy
of thinning the rich by exacting excessive revenue (Kassanam). or causing
them to vomit their accumulation may be resorted to."
The policy of price control
is clearly explained by kautiliya in the Second Chapter of book No.4 where
he also mentions the punishment to be meted out to the offender. The pertinent
reference is as follows:
"The Superintendent
of commerce shall fix aprofit of five fixed price of local commodities
and ten per cent on foreign produce. Merchants who enhance the price
or realise profit even to the extent of half a pana more than the above
in the sale or purchase of commodities shall be punished with a fine ranging
from 100 panas to 200 panas."
Here we find a very good feature
of price control which is not found even in our modern laws and that is
the forbidding of buying things at a lesser price of goods that come under
the purview of the price control scheme. The absence of such provision
in our laws leads to the malpractice of traders taking advantage of poverty-stricken
people who are sometimes prepared to sell the things which they bought
at a higher price for a lower price when they require spot cash for some
emergency need of theirs. Here we see that the laws of ancient India were
more comprehensive than the laws of our own 20th century.
But the ancient Indian laws
reserved their highest finest for Blackmarketeers who usually bought and
sold commodities at very much higher prices than those fixed by the Superintendent
of Commerce under his price control scheme. This is what Kautiliya says
about the punishment to be meted out to them:-
"Merchants who conspire
either to preserve the sale of merchandise or to sell or purchase commodities
at higher prices shall be fined 1,000 panas."
Manu Dharma Sastra too deals
with the subject of Price cheats and has the following law included in
it pages:_
"But that man who behaves
dishonestly to honest customers or cheats in his prices shall be fined
in the first or in the middlemost amercement."
Adulteration is another offence
the avaricious trader practices upon his innocent customers. The following
law pertaining to adulteration is found in the Arthasastra:'
"Adulteration of grains,
oils, alkalis, salts, scents and medicinal articles with similar articles
of no quality shall be punished with a fine of 12 Panas."
Manu too has law against adulteration.
He says:-
"For adulteration unadulterated
commodities and for breaking gems or for improperly boring them, the fine
is the first or lowest amercement."
Regarding the offences in
the field of weights and measures the Arthasastra makes the following points:-
-
The Superintendent shall
charge 4 mashas for stamping weights and measures; a fine of 27 Panas shall
be imposed for using weights and measures without proper stamping.
-
Differences of a Karsha
on the balance called Tula is no offence. Difference of two Karshas shall
be punished with a fine of 6 panas.
CHEATING of other kinds were
also not forgotten. For example here is oneof Manu's laws:-
"He who sells for seed
corn that which is not seed corn shall be punished with mutilation."
Another offence which was
dealt great severity was smuggling of forbidden goods. Manu's law regarding
smugglers is as follows:
"Let the king confisticate
the whole property of a trader who out of greed exports goods of which
the king has a monopoly or the export of which is forbidden."
The punishment for smuggling
in Arthasastra isa littel different. It says:-
"Those who smuggle a
part of merchandise on which toll has not paid as well as those who with
a view to smuggle with one pass a second portion of merchandise after breaking
open the bag shall forfeit the smuggled quantity and pay as much fine as
is equal to the quantity so smuggled."
India is today a land of vegetarianism
and has been so for many centuries. But this is only so, from the time
of Ashokavardhana who enacted laws forbidding the slaughter of animals
after having come into contact with the teachings of the Buddha. But during
the time of Chandragupta and Kautiliya, things were different and Arthasastra
devotes a whole chapter to the proper running of slaughter-houses and sale
of meat of various description. Here are some of the sale of meat as found
in Arthasastra:-
-
Butchers shall sell fresh
and boneless flesh of beasts (MRGAPASU) just killed.
-
If they sell bony flesh
they shall give an equivalent compensation (PRATIPAKAM).
-
If they is any dimunition
in weight owing to the use of a false balance they shall give eight times
the dimunition.
-
The flesh of animals which
have been killed outside the slaughter house and rotten flesh shall not
be sold. Otherwise a fine of 12 Panas shall be imposed.
The above sampling gives us an
idea of the type of laws that existed in India to safeguard the interests
of the people from the trickeries of the trades 2,200 years ago. Times
have changed, but the traders attitudes have not. The fault is not in man,
but in the system. Morality is a product of material environment and as
long as private profit remains the main motive of trade neither hoarding
nor adulteration will cease.
The traders of Kautiliya's
times were not very much different from those of Nietzshe's time. Nor are
they now.
Perhaps society would
soon move forward to material environments wher private profit will cease
to be the motive of trade and where a people's state would handle trade
completely. In the meantime however, punitive laws alone can give some
protection at least to the people against the evils of private trade.
Courtesy: Tribune, December
4,1965 (SriLanka) |