1. Introduction

• Epic Overview: The Mahabharata, one of India’s oldest texts, narrates the Kurukshetra War between the Pandavas and Kauravas.
• Modern Perspective: Offers insights into contemporary legal and moral dilemmas.
• Objective: Evaluates incidents from the Mahabharata through the lens of current Indian laws.

2. Dilemma After Karna’s Death

• Background:
  • Karna, abandoned by his mother Kunti, was raised by a charioteer’s family.
  • Faced humiliation for his presumed low birth but remained loyal to Duryodhana.
  • His royal lineage was revealed only after his death by Arjuna.
• Conflict:
  • Pandavas’ Claim: Based on familial bond, as Karna was their brother.
  • Duryodhana’s Claim: Based on loyalty as Karna was his Chief Commander and closest ally.
• Legal Perspective:
  • Cognizance (Section 3, Indian Evidence Act, 1872):
    • Refers to what is consciously known.
    • Karna, known as Radheya (son of Radha), was acknowledged as Duryodhana’s ally.
    • Rights over his last rites would legally belong to Duryodhana.
• Outcome: Lord Krishna supported Duryodhana’s claim, aligning with the principle of cognizance.

3. Lord Krishna’s Curse to Ashwathama

• Incident:
  • Ashwathama killed the five sons of the Pandavas while they were sleeping, mistaking them for the Pandavas.
  • He unleashed the Brahmastra targeting Abhimanyu’s unborn child in Uttara’s womb.
• Legal Analysis:
  • Section 316, IPC (Causing Death of an Unborn Child):
    • Criminalizes acts intending to prevent birth or cause the death of a child post-birth.
    • Punishment: Up to 10 years imprisonment, fine, or both.
  • Judicial Punishment:
    • Lord Krishna punished Ashwathama with immortality as a burden for his sins.
    • Ordered him to cut the jewel from his forehead, symbolizing his fall from grace.
    • The punishment aligns with modern principles of deterrence and lifelong consequences for grave acts.

4. Conclusion

• Timeless Relevance:
  • The Mahabharata addresses dilemmas resonating even today.
  • Its teachings about justice, morality, and governance remain applicable in modern legal contexts.
• Influence on Indian Laws:
  • Ancient principles and decisions reflect in contemporary Indian legal frameworks.
  • Both systems aim for justice, though methods and punishments differ.
• Key Takeaway:
  • The Mahabharata highlights the importance of balancing moral reasoning with legal principles.
  • Demonstrates the need to choose the lesser of two evils when necessary.