A Critical Study on Vāda, Jalpa, and Vitandā in the Mahābhārata and Contemporary Legal Discourse

Abstract

The Nyāya Sūtras of Maharshi Gautama introduced the concept of "Kathātraya," comprising Vāda (a debate for truth-seeking without any intention of triumph or defeat), Jalpa (a debate aimed at victory with argumentative discourse for establishing one’s own viewpoint and vanquishing the opposition, akin to contemporary legal battles), and Vitandā (a debate solely for refuting the opponent’s argument without presenting an alternative viewpoint ), which reflects various aspects of parliamentary discussions and judicial discourse. These forms of dialogue find significant parallels in modern parliamentary debates and legal proceedings. The present study has  examined cases like the death penalty debate and Sabarimala judgment through the Kathātraya lens by taking incidents described in Mahabharata. In tune with the NEP 2020, it has highlighted the integration of Indian Knowledge Systems (IKS) into contemporary law and education, emphasizing linguistic and cultural preservation. It has connected ancient philosophical doctrines with modern Sustainable Development Goals, illustrating how ancient Indian philosophical doctrines can improve contemporary policy-making debates. It has spotlighted the profound ethical wisdom which is embedded in India’s rich intellectual heritage.