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ANCIENT INDIAN DATTAKA SYSTEM
Ancient people think that laws are the gifts of God and the discovery of
the sages. This view appears to be similar to the Ancient Hindu view that
Brahma created Dharma as law. Kautilya in his Arthasastra has given a
classification of the different branches of learning namely Anviksiki, Trayi,
Varta" and Dandariiti. In this Anviksiki is the branch of study for logic. In
Ancient European theory, law is the embodiment of eternal justice.1
Manu, Yajnavalkya and Vasista define law as the practice of the Sistas or
Sadacaras. Secular law is also a branch of Dharma. In the Srnrti literature
the word, Dharma was used in a very comprehensive sense. According to
Katyayana, the etymological meaning of the word Vyavahara indicates that
removal of various doubts.2
In Ancient Indian Literature many records say that the number of
Srnrtis were about 100.
,
Srnrtis deal with a host of subjects such as domestic rituals, customary rites,
inheritance etc. Adoption is a breach of Vyavahara portion. The Smritis like
Manu, Yajnavalkya, Kapila, Lohita, Angira &Ankara strongly discuss about
the law of adoption and inheritance of the adoption child.
Anandadeva has compiled a vast digest called Smrtikaustubha divided into
several sections. The portion of Samskarakaustubha on the subject of
adoption is frequently cited as Dattadidhiti.3
1. (p. 136, The Wonder that is Hindu Dharma, R.C.
Gupta).
2. ('Vi' means various 'ava' means doubt and 'hara' removal. (P. 136, The
Wonder that is Hindu Dharma).
3. (P. 955,56,vol. I, part II, History of Dharmasastra, P.V. Kane)
notice (Abbe J. A. Dubbois, Hindu Manners, Customs and
Ceremonies).
It is a treaty of great important and deserves to be studies along with the
Dattakamimamsa and Vyavaharamayukha and other similar works. Abbe J.
A.Dubbois in his work about manners and customs of the Indian people in
general has given an exhaustive details regarding adoption based on his own
observances and texts that have come to his notice.1
Adoption is a process to incorporate a child permanently into a family
with all the rights of a natural child, in which he was not been born. The
concept of adoption as a welfare measure is of recent origin. Traditionally, a
child was adopted for temporal and spiritual purposes and more recently, to
satisfy the emotional and parental instincts of the adopters.
(Adoption Law, D.C. Manuja).
Manu says, 'by a son, a man attains victory over all people; by a son's son he
enjoys immortality; and after words by the son of that grandson he reaches
the solar abode (Manu. 9/137).
According to Arthashastra and other Ancient Jurisprudent texts, the
inheritance of a person is divided in various modes, i.e. by caste, category
and pratiloma Anukuna sons. Here there is a discussion about the 12 kinds
of sons. They are Aurasa, Ksetraja, Dattaka, Putrikaputra, Krtrima, Gudaja,
Apavidha, Kanlna, Sahodhaja, Knta, Paunarbha and Svayamdatta.
In the absence of Aurasa, Ksetraja equals to that place. After these two
sons, most of the Smritis give importance to Data otherwise called as
Datrima or Dattaka.
1.(Abbe J. A. Dubbois, Hindu Manners, Customs and
Ceremonies).vijnanacintamani ejournal of sngscollege.info
In the Smritis literature, the law of adoption was parent based and not
child based. The Smrtikaras suggested that only one son could be adopted
for the continuation of the family line and to offer oblations to the deceased
ancestors. The Dharmasastras deals in detail with the qualifications of the
male child to be taken in adoption. The adopted son is uprooted from his
natural family and transplanted in to adoptive family like a natural son.
But at present the law of adoption among Hindu is completely regulated by
the Hindu Adoption and Maintenance Act of 1956.1
The whole Smritis and Purina’s ordain that an only son shouldn't given
or received in an adoption. Another common judgment is that, adoption
should be done by caste or gotra based. Manu, Yajnavalkya and other
Smrtikaras declare that the sale and gift of children to be sinful. It points out
that the practice of sale and gift of children in ancient India. But the
Smrtikaras recognized adoption.
1. (pl85. Indian Family Law vol.II,Adv. K. Sreedharavariar) In ancient
Indian Jurisprudence adoption ceremony (Dattahoma) is the
The age of adoption is also an important point in ancient and modern
jurisprudence. . Most of the earlier law givers points out, the best time of
adoption are three to five years old. But Vyavaharamayukha permit an old
age adoption too. Under Hindu Adoption and Maintenance Act 1956, an
adoptive father is at least 21 years older than the person to be adopted and
admits an unmarried man or woman can adopt a child with the age
difference of 21 years.
In ancient Indian Jurisprudence adoption ceremony(Dattahoma) is the
valuable witness of the adoption. Godavarma says that for the validity of
adoption the adopter should invite his relatives, Acaryas, King etc. Now
days the District Court should have Jurisdiction to conduct adoption
proceedings. The Smrtikaras also discuss about the inheritance of an
adopted child. They say if a person takes a child as his own, he will be the
authority or heir of the whole properties. But if a boy is born after adoption,
the adopted child is entitled for the property.
In the Vedic period of Indian law, Practice of adoption was not often
resorted to the failure of male offspring. The Hindu law of adoption is
mainly founded on the religious belief that a son is absolutely essential for
spiritual salvation. In 1956 the Hindu Adoption and Maintenance Act was
passed to remove adoption of child without judicial dicta.
Any way issue lessens is an unbearable mental affliction and it is same
as the pain or grief of foundling. Adoption may be given protection or
dependence to this foundling. The legal adoption is valued and permitted
for ever.
REFERENCE:
1. Dattakamimamsavyakhya of Godavarmaraja, An unpublished manuscript.
2. Dattakamimamsa of Nandapandita, ed., Sankarasastri, Anandasram,
Poona,1954.
3. Sankarasmrti, ed., T.C. Parameswaramussath, Bharatavilasam Thrissur,
1925.
4. Smrtisandarbha (vol. I to VI), Nag, Delhi, 1988.
5. Adoption Law and Practice, D.C. Manooja, Deep&Deep, Delhi, 1987.
6. Indian Family Law, Vol.I&II, Adv. K. Sreedharavariar, TVM.1987.
7. ArthasastraofKautilya(Tran.),KVM,Sahitya Academy, Thrissur, 1998.
8. History of Dharmasastra, P.V.Kane,BORl,1974.
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