The Nepalese civil code Muluki Ain (1854) was written by Jang Bahadur Rana after his European tour. It codified social codes in practice for several centuries in Nepal that was rooted in Vyavahāra (traditional Hindu legal procedure), Prāyaścitta (avoidance and removal of sin) and Ācāra (the customary law of different castes and communities). These three are collectively called Dharmaśāstra. A traditional Hindu king was duty-bound to put these precepts into practice.
Muluki Ain divided Nepalese citizens into two castes "the caste whose water is allowed to remain pure" and "the caste whose water is defiled". Chiefs of the various castes were entrusted with sorting out issues related to their own castes. The heads of Kamis (blacksmiths) and Sarkis (tanners and cobblers) were called Mijhars. Similarly the head of Damai (tailors and musicians) was called Nagarchi. Castes of the first (non-defiling) category also had their chiefs. In this way community members might not need to go to courts or government offices to settle minor legal matters. Mijhars and Nagarchis, however, added to injustice and exploitation meted out to their respective communities. They were obviously influenced by their masters' natures. Like their masters, they never hesitated to do injustice against their own communities. No appeal was heard against them.
From the medieval period onward, people could lose status through caste demotion. People considering themselves superior used caste as a pretext for exploitation. The lower castes were prevented from entering temples, receiving education, listening to high-caste people's teachings, worshipping, planting Bar or Pipal trees, digging ponds, and participating in fairs and festivals. They could be exiled from the country for looking at a high-caste woman. If they encountered someone of higher caste they would have to step aside. They had to pay jadau (obeisance) to any higher caste person. They could be put to death for rebelling against caste rules. If someone from higher caste married a woman from lower caste, he was not eligible for legal intercession against jarikhat (adultery). A sacred thread-wearing or even non-thread-wearing person would need to be ritually purified if they were touched by an 'untouchable'. Two-way conversation with upper castes was banned for them. These discriminatory provisions of the civil code were based on Hindu scriptures like Parskar Grihyasutra, Gautam Sutra, Manusmṛti and Shukra Niti. There was no provision for lower-caste participation in the economic, social, cultural and administrative spheres. They had to survive on low-paid manual work such as playing indigenous musical instruments, sawing wood, leather-work, practicing music, art and dance, cutting stone, pottery, general labor, cleaning latrines, and washing clothes. This system prevailed till by law until Muluki Ain was revised in 1962.
The present caste system derives from Shah dynasty founder Prithvi Narayan's famous saying that Nepal was a garden of four varnas and 36 castes. However this is only a rough estimate for the Hill region. The Newari community and the Terai community each has more than 36 castes.
During the Panchayat regime Nepal was referred to as a 'Hindu State' as well. The Constitution of the Kingdom of Nepal (1990) has also retained it. In Nepal, the only Hindu state in the world, thousands of people treated as untouchables have been undergoing bitter experience legally for centuries. History is replete with evidence that because of the legal system based on the Hindu religion lower-caste victims were given more inhuman and stringent penalty than higher-caste ones in similar crimes during Lichhvi, Malla, Shaha and Rana periods (except during kirant period). For instance, there was a legal provision during Malla period to cut Shudra's penis, force him to eat it and get him butchered by chandals ('murderers') on charge of having sexual intercourse with a Brahmin woman. Similarly, during Rajendra Shaha's regime, there existed a law decreed on (1893 ASHADH SUDI 7 ROSE 4 BS), according to which "if a person from Shudra caste like Damai, Sunar(Kami), Sarki, Balami, Majhi, Danuwar, Murmi, Bhote, Chepang, and Kumal had sexual intercourse with his brother's wife deliberately, he must be put to death." Prior to the implementation of the new civil code of 1963–64, this legal provision continued. Moreover, according to it, higher caste individuals were given lesser penalty if they were charged with having sexual intercourse with lower caste women, but if lower-caste persons had sexual intercourse with higher caste women, they were sentenced to fourteen-year imprisonment. The civil code of 1963–64 has, no doubt, tried to establish legal equality between so-called high-caste and low-caste people in principle (according to recent amendment in the civil code) and untouchability is now liable to penalty. However, this community has not yet enjoyed equal accessibility to law. These unequal and inhuman practices will be discussed in detail later.
Muluki Ain divided Nepalese citizens into two castes "the caste whose water is allowed to remain pure" and "the caste whose water is defiled". Chiefs of the various castes were entrusted with sorting out issues related to their own castes. The heads of Kamis (blacksmiths) and Sarkis (tanners and cobblers) were called Mijhars. Similarly the head of Damai (tailors and musicians) was called Nagarchi. Castes of the first (non-defiling) category also had their chiefs. In this way community members might not need to go to courts or government offices to settle minor legal matters. Mijhars and Nagarchis, however, added to injustice and exploitation meted out to their respective communities. They were obviously influenced by their masters' natures. Like their masters, they never hesitated to do injustice against their own communities. No appeal was heard against them.
From the medieval period onward, people could lose status through caste demotion. People considering themselves superior used caste as a pretext for exploitation. The lower castes were prevented from entering temples, receiving education, listening to high-caste people's teachings, worshipping, planting Bar or Pipal trees, digging ponds, and participating in fairs and festivals. They could be exiled from the country for looking at a high-caste woman. If they encountered someone of higher caste they would have to step aside. They had to pay jadau (obeisance) to any higher caste person. They could be put to death for rebelling against caste rules. If someone from higher caste married a woman from lower caste, he was not eligible for legal intercession against jarikhat (adultery). A sacred thread-wearing or even non-thread-wearing person would need to be ritually purified if they were touched by an 'untouchable'. Two-way conversation with upper castes was banned for them. These discriminatory provisions of the civil code were based on Hindu scriptures like Parskar Grihyasutra, Gautam Sutra, Manusmṛti and Shukra Niti. There was no provision for lower-caste participation in the economic, social, cultural and administrative spheres. They had to survive on low-paid manual work such as playing indigenous musical instruments, sawing wood, leather-work, practicing music, art and dance, cutting stone, pottery, general labor, cleaning latrines, and washing clothes. This system prevailed till by law until Muluki Ain was revised in 1962.
The present caste system derives from Shah dynasty founder Prithvi Narayan's famous saying that Nepal was a garden of four varnas and 36 castes. However this is only a rough estimate for the Hill region. The Newari community and the Terai community each has more than 36 castes.
During the Panchayat regime Nepal was referred to as a 'Hindu State' as well. The Constitution of the Kingdom of Nepal (1990) has also retained it. In Nepal, the only Hindu state in the world, thousands of people treated as untouchables have been undergoing bitter experience legally for centuries. History is replete with evidence that because of the legal system based on the Hindu religion lower-caste victims were given more inhuman and stringent penalty than higher-caste ones in similar crimes during Lichhvi, Malla, Shaha and Rana periods (except during kirant period). For instance, there was a legal provision during Malla period to cut Shudra's penis, force him to eat it and get him butchered by chandals ('murderers') on charge of having sexual intercourse with a Brahmin woman. Similarly, during Rajendra Shaha's regime, there existed a law decreed on (1893 ASHADH SUDI 7 ROSE 4 BS), according to which "if a person from Shudra caste like Damai, Sunar(Kami), Sarki, Balami, Majhi, Danuwar, Murmi, Bhote, Chepang, and Kumal had sexual intercourse with his brother's wife deliberately, he must be put to death." Prior to the implementation of the new civil code of 1963–64, this legal provision continued. Moreover, according to it, higher caste individuals were given lesser penalty if they were charged with having sexual intercourse with lower caste women, but if lower-caste persons had sexual intercourse with higher caste women, they were sentenced to fourteen-year imprisonment. The civil code of 1963–64 has, no doubt, tried to establish legal equality between so-called high-caste and low-caste people in principle (according to recent amendment in the civil code) and untouchability is now liable to penalty. However, this community has not yet enjoyed equal accessibility to law. These unequal and inhuman practices will be discussed in detail later.
No comments:
Post a Comment