Atichar Ane Bharatiya Faujdhari Dharo - Book Summary

Here's a comprehensive summary of the Jain text "Atichar ane Bharatiya Faujdhari Dharo" (Atichar and Indian Penal Laws) by Dr. Kavin Shah, based on the provided pages:

The book explores the relationship between Jain ethical practices (Atichar) and Indian criminal laws, arguing that many legal principles have roots in religious and moral codes.

Core Argument:

The central thesis is that true morality and righteous conduct, originating from Dharma, are the foundation of societal peace and order. As adherence to Dharma weakened, governments stepped in to codify these principles into laws to regulate individual behavior, aiming for peace, safety, and the principle of "live and let live."

Key Concepts and Themes:

The Importance of 'Achar' (Conduct): The text emphasizes that the essence of philosophy is truth, the essence of truth is religion, and the essence of religion is conduct (Achar). The primacy of conduct is highlighted by its placement as the first Anga Sutra in Jainism (Acharangasutra). Righteous conduct leads to the realization of one's divine nature and self-attainment. When conduct becomes mere outward show, it is condemned, but the underlying principle remains valuable.
Atichar as Error in Vows: In Jainism, the concept of 'Atichar' refers to the breaches or transgressions that occur in the observance of vows (Vratas). For ascetics, there are five great vows, and for lay followers (Shravaks), there are twelve vows. Atichar is the process of confessing and rectifying these lapses before God, Guru, and Dharma.
Law as a Codification of Morality: The author posits that the principles of Dharma were the original source of law. Historically, rulers administered justice by taking refuge in Dharma. In earlier times, a strong religious influence fostered ethical and humane behavior. As societal moral values declined, governments formulated laws to control and reform individual conduct, aiming to establish peace, safety, and order in families, society, and nations.
The Influence of Religion on Law: The book traces the historical influence of religious scriptures on legal systems. Hindu law, for instance, is shown to be derived from ancient texts like the Naradasmriti and Manusmriti, which provided guidelines for human behavior, ethics, and societal order. Similarly, Muslim law is based on the teachings of the Quran and the Prophet Muhammad. The influence of world religions on laws in various countries is acknowledged.
The Indian Penal Code (IPC) and its Jain Parallels: The text draws parallels between specific sections of the Indian Penal Code (1860 onwards) and Jain Atichars.
- Violence and Homicide (IPC Sections 299-318): These are linked to the Jain principle of Ahimsa (non-violence). The text discusses concepts like abortion, causing death by negligence, aiding suicide, and the general principle of protecting all living beings as one's own self. It highlights the Jain emphasis on compassion for all creatures and the idea that true strength lies in self-realization, rooted in Ahimsa.
- False Evidence and Perjury (IPC Section 191): This is compared to the Jain vow against falsehood (Mrigavada), emphasizing the importance of truthfulness in speech and avoiding the sin of bearing false witness.
- Weights and Measures (IPC Sections 246-267): These offenses are linked to the Jain vow against dishonest dealings in trade and measurement (Tola-map).
- Theft and Dishonest Appropriation (IPC Sections 379-424): These are directly related to the Jain vow against stealing or taking what is not given (Adattadan), which includes concepts like accepting stolen goods, cheating, breach of trust, and hoarding.
- Adultery and Sexual Offenses (IPC Sections 493-498): These are compared to the Jain vow against lustful conduct (Dattada) which covers issues like relations with married women, widows, prostitutes, and maintaining satisfaction within one's own marriage.
Natural Justice and Karma: The concept of "natural justice" is discussed, which is seen as inherent and divinely ordained, whereas legal justice is man-made. The book emphasizes that while one might escape legal punishment through wealth or influence, the consequences of one's actions (karma) are unavoidable, either in this life or the next. This aligns with the Jain doctrine of karma.
The Role of Knowledge and Repentance: The text stresses the necessity of knowledge for the proper observance of vows and the understanding of Atichar. Without knowledge, one cannot avoid committing errors. The principle of pratikraman (repentance and confession) is highlighted as a means of purifying the soul and preventing future transgressions.
Ethics and Morality: Ethics (Nitisastra) is presented as a guide for human conduct, detailing what one should and should not do. Adherence to ethical principles leads to happiness and peace. Unlike legal rules, ethical principles are self-imposed responsibilities.
The Purpose of Punishment: The book discusses the four types of punishment from jurisprudence: Deterrent (preventing others), Preventive (preventing the offender), Reformative (reforming the offender's character), and Retributive (satisfying societal justice and atonement). This is juxtaposed with the concept of karmic retribution, which involves experiencing suffering in different life forms and hellish realms as a consequence of negative actions.
The Decline of Dharma and the Rise of Law: The author observes a decline in religious faith and a relaxation of ethical practices in modern times, leading to an increase in crime. This necessitates a greater reliance on codified laws. However, the ultimate solution for peace and prosperity is seen to lie in the adherence to Dharma and self-discipline.
Dharma as Eternal: The text concludes by stating that Dharma, like eternal elements of nature, is unchanging. While individuals may try to alter or interpret Dharma to suit their own desires, true self-realization and eternal happiness are achieved only through the path laid out by Dharma, which involves self-restraint and spiritual discipline.

In essence, the book argues that the Indian Penal Code, in many respects, reflects and enforces principles that were historically derived from religious and ethical teachings, particularly those found in Jainism. It advocates for a return to Dharma and ethical conduct as the true path to individual and societal well-being, viewing legal enforcement as a necessary but secondary measure in the absence of inherent morality.