This article has been written by Rohaan Thyagaraju, Symbiosis Law School, Hyderabad.
Introduction
Law and literature appear to be disparate subjects, but their intersection is one of society’s most beautiful combinations in South Indian culture. Legal systems establish the concepts of order and literature, bringing those ideals to life and teaching people that achieving justice is never easy. This blog expands on this relationship, examining how South Indian works of literature aid in comprehending laws and how laws aid in interpreting South Indian literature.
However, enjoyment of its actual legal literature, which gives a glimpse into the past, must await the evolution of South Indian literary masterpieces such as Silappatikaram and Manimekalai originated in Tamilnadu. These works portray archetypes of dharma (righteousness), which are disputes that sometimes go beyond the law, leaving people wondering what justice is. “Royal justice,” in which the king imposes dharma, is one of the main themes. The literature ‘Silappatikaram’ describes an injustice done to a woman by one of the monarchs. The cinematic representations of justice, such as Phoolan’s self-immolation, threw doubt on the legal order, forcing the king to change his methods.
Gender and Justice
Women’s political voices in South Indian literature have historically protested against legalized discrimination (Gender and Justice). Manimekalai, a novel depicts women’s suffering in a male-dominated society. The epic chronicles Manimekalai’s life, in which he rejects societal authority and abandons his worldly existence to become enlightened. She becomes an emblem of the flaws of legal systems that fail to recognize and address women’s concerns. Similarly, other writings of postcolonial Indian authors, such as ‘One Part Woman’ by Perumal Murugan in Tamil, illustrate the raw face of the lowest possible deracialization of Dalit women and the paved way as there is no legal justice for them.
The Power of Oral Traditions:
In South India, many stories portray societal customs and traditions. These accounts are historical; therefore, they shed light on humanity’s progressive legal systems and grievances.
Justice exists primarily at the grassroots level. For example, consider the song Avvaiyar and the King (Tamil), in which the author depicts a king’s harsh taxation tactics. This oral tradition exemplifies how stories expressed societal critique, such as why legal pronouncements should be invalid when the law was not fair and justified.
Besides, the caste system has led to widespread inequality. It has a significant impact on South India’s legislation. Other comparable works include Mahabharata in Telugu, which depicts castism in how legal rulings are made. Thus, while the epic enshrines the Aryan portrayal of dharma, there is more ambiguity regarding conceptions of varna and social justice or injustice. Therefore, the novels of Dalit authors such as Bama and U. R. Ananthamurthy graphically depict caste injustice as legislated inside the legislation framework. These personal testimonies emphasize the need for social reform and legislation that strives to eliminate caste bias from society while also ensuring access to justice.
Law and Morality
In addition to censorship concerns, codified laws have a duality. Morality is a recurring topic in South Indian literature. Many stories illustrate how the letter of the law cannot always provide justice. For example, Kannagi’s setting the Madurai city on fire in Silappatikaram indicates a challenge to the king’s legal justice. This very radical work demonstrates the importance of social context for evaluating the morality of legislative laws. On the same note, S. L. Bhyrappa, a Kannada writer, delivers literary works that illustrate the tension between faith and law, leaving readers to wonder if some legal systems are ethical.
Beyond the Code
Moving forward, the following distinctions refer to justice’s numerous aspects or features. Thus, South Indian literature is more than merely representing legal systems. It delves into society paying for following the word of the law, the failure of written and legislated regulations to handle critical situations, and the absence of compassion in the judicial system. The works such as Bama’s “Karuthu” (Tamil) and Thakazhi Sivasankara Pillai’s “Chemmeen” (Malayalam) address the social injustice of the oppressed lower castes, who are the first to bear the brunt of an unfair judicial system. These narratives highlight the reality of justice, which includes several legal decisions that may not always represent people’s social and cultural contexts.
The Growth of Legal Fiction:
The development of legal fiction has taken on a new dimension in the context of South Indian languages, which is significant. Many of these novels are written by lawyers or legal experts and contain extremely complex legal stories representing the current legal milieu. Novellas such as T.M. Krishna’s A River of Rain (English) and Vaikom Muhammed Basheer’s Balyakalasakhi (Malayalam) include trials highlighting the difficulties the average citizen faces in their quest for justice. These anecdotes provide a distinct perspective on the legal process, revealing its emotional impact on people, the amount of paperwork needed, and how power dynamics play out in courtrooms.
The human rights issue is well-suited for the framework of South Indian law and literature. Kavery Banerjee’s “A Deed of Darkness- Women Subjugation and Rape” A Study under the Indian Penal Code focuses on the challenges of socially oppressed women. Sexual harassment, domestic violence, and female inferiority Women writing in English include Sarah Joseph in Asha’s Garden. Bama in Karuthu is a Tamil writer who deals with female violence and injustice in subjugated societies. They become an effective tool for raising awareness about human rights violations and advocating for legislation changes that promote equal rights for all.
Power of Translation:
Translation is thus a critical aspect in increasing the reach of this cross-disciplinary debate. Scholars and activists ensure that a wider audience connects with the legal and social concerns depicted in South Indian literary works by translating them into English and other languages. This promotes a cross-cultural interchange of knowledge and understanding, allowing legal scholars from across South Indian literature to provide insights that can be used worldwide.
Obstacles on the Path: Challenges in Law and Literature.
Language Barriers and the Need for Translation:
South India has diverse languages, each with a rich literary heritage. While a source of cultural richness, this linguistic diversity poses a substantial challenge to legal experts and literary critics. Many legal experts may not be fluent in South Indian languages, restricting their access to the tremendous wealth of legal topics discussed in these literary works. Similarly, linguistic difficulties may prevent some of the most potent criticisms of the legal system from reaching a larger audience.
The value of translation cannot be emphasized.
Translators, legal scholars, and literary critics are collaborating, and it is critical to bridge this gap. By translating major literary works that examine legal topics, we may ensure that a larger audience is exposed to the legal and social realities depicted in these stories. This promotes a cross-cultural interchange of knowledge and understanding, allowing legal experts worldwide to benefit from the insights provided by South Indian literature.
The Need for Dedicated Scholarship:
While there is an increasing interest in the junction of law and literature in South India, there is a need for more dedicated scholarship in this field. Existing legal studies may not thoroughly investigate the literary aspects, and literary criticism may need to explore the legal framework within which the narratives unfold fully. This requires the creation of a concentrated body of Research that crosses the divide between these areas.
There are numerous approaches to overcoming this difficulty. Universities might support multidisciplinary research projects involving legal scholars and literary critics. Furthermore, dedicated academic publications and online resources focusing on the junction of law and literature in South India can help to improve communication and knowledge sharing in this sector.
Bridge the Gap: The Way Forward
Despite these challenges, there are positive signs of development in South Indian Research into the link between law and literature. Here are some hopeful actions being taken:
The legal education landscape in South India is gradually acknowledging the importance of engaging with literature. Universities are introducing courses that investigate the intersections of various disciplines. Connecting with literature and texts helps law students improve their critical thinking abilities, better grasp the human cost of legal choices, and learn to approach legal challenges with empathy. This expanding approach gives future lawyers a broader view of the legal system.
Legal scholars, literary critics, and translators work together to break boundaries and promote interdisciplinary communication. Online tools and academic periodicals facilitate communication and knowledge sharing. Furthermore, legal practitioners are increasingly incorporating ideas from literary works into their practice, illustrating the practical use of this emerging area.
By tackling the issues and maintaining the current pace, we may ensure that the vital interplay between law and literature in South India continues to thrive. This dynamic discourse has the potential to deepen our understanding of the legal system while also inspiring substantial reforms aimed at creating a more just and equitable society.
Conclusion
The interplay between law and literature is a dynamic dance that enriches both professions. Literature provides a deep awareness of the human cost and limitations of law, whereas legal frameworks serve as a context for analyzing literary works. By supporting this dialogue, we better understand justice, its intricacies, and the continual quest for a more equitable society. As we progress, exploring this rich interdependence can drive legal reforms that are not just codified laws but represent the spirit of justice that echoes across South Indian literature, which is comprehensive and colorful.
Sources
(The Hindu, June 23, 2024,7 pm) https://www.thehindu.com/opinion/op-ed/the-links-between-law-and-literature/article19951335.ece
Jus corpus https://www.juscorpus.com/relationship-of-literature-and-law/ (June 21, 2024,8 am)
Wisdom lib.org https://www.wisdomlib.org/history/compilation/triveni-journal/d/doc71871.html
(June 24, 2024, 9 pm)
