As per article 1 of the constitution of India, the name of India has been derived from the word "Bharat",who, according to "MAHABHARTA", was an emperor of India at one point of time in history. So I wanted to know if "MAHABHARTA" can be used as a valid documentary evidence in the court of law. If not what's the relevance of such awards like bharata ratna award, arjuna award, dronacharya award and dada sahib falke award,since all these have been derived from the characters of none other than "MAHABHARTA".
See Mahabharta is text and cannot be used as evidence in general condition though and text from it can be referred if at all there is relevance for the issue.
See Award names are symbolic they don't have to do anything with the evidentiary value. And has far as article one of India constitution is considered which specifies only the name to territory not more then that.
Dear Sir,
As you said it is relevant because the awards bharata ratna award, arjuna award, dronacharya award and dada sahib falke awards are linked to Mahabharath.Even though both the names Bharat and India are constitutional and legal to use, there is a big difference between the two. Bharat is the traditional name of this nation as mentioned in the vedas. In history, it is also mentioned as the land of the great king Bharat. On the other hand, India is the name used by foreigners who could not pronounce the name Bharat.
Unless you state what do you wish to prove by using mahabharata as documentary evidence your question cannot be answered.
Please give actual background details of your query.
It is not clear under what context you wish to refer ;Mahabharata in a litigation.
The mythology 'Mahabharata' has no evidentiary value though the court can take judicial notice of it.
1. Mahabharata is an epic and not considerd as history for which it can not be referred as documentary evidence in any Court case.
2. Bharata is the name of our Country which is als called as India for which Bharata Ratna is awarded to selected persons.
Mahabharata can be relied by Court to some extent but you need to confront it to witness to be relied as evidence. But it is difficult to consider it as admissible evidence. Those are awards and need not be proved in court for anything.
It depends, documentary evidence in what context?
Courts have not shied from referring to treatises and other historical books for making observations in their judgements
But if you want to use it as an evidence, you need to check in what context you wish to use it?
For eg. The author 'Mulla' had written books on the entire uncodified Hindu Personal Law, when Hindu Law was not codified by passing several statutes. The courts have used his work authoritatively in adjudication of disputes pertaining to Hindu Personal Law. Infact, despite several Hindu acts having been passed, his work is still referred with authority in many judgments
Mahabharat cannot be used as a valid documentary evidence in the court of law as it is just an epic.
Having awards named after Mahabharata does not mean that it can be used as a valid documentary evidence in courts.
What is the purpose that you want to use Mahabharata in the court of law?
The Mahābhārata is an epic legendary narrative of the Kurukṣetra War and the fates of the Kaurava and the Pāṇḍava princes. It also contains philosophical and devotional material, such as a discussion of the four "goals of life" or puruṣārtha.
The epic is traditionally ascribed to the sage Vyāsa, who is also a major character in the epic. Vyāsa described it as being itihāsa (history). He also describes the Guru-shishya parampara, which traces all great teachers and their students of the Vedic times.
Therefore how do you want to use this as a documentary evidence in court, whether the whole book or or what?
Dear Repliers, I think, I need to clarify a few more things to explain the Question itself beside seeking the answers. I am really surprised to see the replies most of which explains “Bharat” just as a name derived from an Epic “Mahabharata”, which doesn’t have any concern with The Reality, whatsoever; seems as Replies are given in Rapidity; without looking into the “Matter” which is in the Question itself. Most of the replies seems to be conditional based; where most of you are asking for the “Matter” concerned; on behalf of which a satisfactory answer can be given. So, let me remind you that I am talking about our Country’s name and nothing less than that; of which we are proud to be called as “An Indian”. Can we use Mahabharata as a Documentary Evidence to prove Something or that Mahabharata itself is a Historical Book of Bharat Ganarajya, not a Mythological Epic; and if Not this statement is True; then Why? So, “If not” is following up the same Question then it is clearly denying the meaningfulness of the name “Bharat” at the first place and as said by the Repliers; making “Bharat Ratna” just a Symbolic representation having No Relevance to anything at all. But Dear Repliers; then you must also clarify few things to complete the Circle; otherwise the following will also loose their Relevancies with their subjects. • Our National Anthem: Jana-gana-mana-adhinayaka jaya he Bharata-bhagya-vidhata • Bhagavad Gita that is a part of Mahabharata. • Ramayana, which has been Narrated 2 Times in Mahabharata. • Then who were our Ancestors? • All Historical Places; our Culture; Sanskrit; Astronomy; Astrology, Ayurveda, even River and Mountain Names I should also considerably mention here about Krishna Dvaipayana Ved Vyasa; “the one who classified the Vedas”; so “if not” will still be following the Question; will create a Question on the Integrity of our Vedas. Bharat Mata Ki Jai?
Judiciary runs with what's written in the law as well precedents and cannot base it's judgement on Ramayan Mahabharat or whatsoever. There is a strict code which needs to be followed and the judge just cannot be used anything out of what is written in the law.
Hindu Mythology and teachings have no value in the eyes of law. And, if you have a problem with that you are free to file a public interest litigation in supreme Court in order to get it changed if you really think that quotes /stories/ verses etc from Hindu epics can be used to try cases in court, but the chance of that happening are next to impossible.
Good luck!
Sir with all due respect and we all here are proud Indians and know our history, past, culture, its relevance, the importance of name Bharat. Now if you are seeking clarity that whether Mahabharata can be treated as evidence under Indian evidence act than firstly context has to be seen and secondly no it cannot be.
Because what you are talking sounds good for argument at layman stage but evidence in court of law is something different.
Now what i can gather from question is you are beating around the bush your real motive for using Mahabharata as evidence is not for glorifying this great nation but something of private nature,so it is better to site facts of same.
1. Advise can be given about acceptance of incidences of Mahabharta as evidence as per Indian Evidence Act and it has been submitted that such incidences are not treated as evidence by our Courts..
2. If the Act is amended and such incidences are considered as evidences, then we shall have to act accordingly in the Courts of law.
Your question is as vague as your follow up query (if that's even a query!)
You need to explain the context, in simple and clear terms, in which you are seeking an answer
Geocentric Model vs Heliocentric Model of earth That is the matter of my discussion and I'm amazed how some of you highly professional people have considered the lack of clear context in my queries as something relating to my personal vendetta rather than something that can be of highly confidential nature. Anyway, I don't know if any of you, ever had the chance to read about our VEDAS and Historical Books ( feel free to call it mythological) like MAHABHARATA and RAMAYNA, apart from reading the provisions of the law given to you by none other than britishers( I'm assuming you know the meaning of BAR in BAR COUNCIL), but there is a lot of information given in those which contradicts the theories of modern science. Round earth vs Flat earth is just one of them and need I remind you there are 100's of beliefs that are still being followed in our country and those have been derived from our VEDAS. And before you tell me again that VEDAS are nothing more than a myth, try telling those people who have been fighting over RAM mandir that RAM is just a myth. Chances are fairly poor that they will agree. In the clearest context Modern Science follows Heliocenteric model and our vedas follow Geocenteric model I want to defend the geocentric model and use VEDAS as evidence. Can the court deny it? If it can, then you should also ban the publication of books like GEETA since they don't say the truth in that case.
Sir there are enough scientific evidence to support the heliocentric model and for geocentric model there are.only.vedic writings available which are not enough to prove same .therefore it wont be sufficient to support same.
The answer is still NO. The court would not consider it as any sort of Evidence until and unless the Indian evidence act is amended saying so.
People like you must be banned from posting queries on this forum
Your rating matters least
You don't know how to respect lawyers, which is so evident in your follow up
You inform the context in which you seek a reply, in the end, and expect lawyers to assume what you must be thinking
Henceforth dont post questions here if such is your attitude
1. The caption of your query is " Mahabharata as documentary evidence ?":
2. The answer suggested in 'No' as per India Law.
3. Though I might personally agree with most of your arguments, I have no option other that suggesting you what has been prescribed as per Indian Law and not what should have been the law.
4. Yes, we have been taught about law which has been formulated by the Britishers and accepted by our Country and we the lawyers are bound to follow it.
5. If the law is changed, then our suggestion as per law will change accordingly.