Prachin Jain Sahitya Ke Sandarbh Me Bharatiya Shasan Vyavastha - Book Summary

Here's a comprehensive summary of the provided Jain text, "Prachin Jain Sahitya ke Sandarbh me Bharatiya Shasan Vyavastha" by Tejsinh Gaud, focusing on the evolution of governance in ancient India as depicted in Jain literature:

The book explores the development of governance in ancient India, drawing extensively from Jain literature. It traces the evolution from early societal structures to the establishment of a more formal administrative system.

Early Governance: The Era of Kulakars

Absence of Formal Rules: Initially, society was organized under Kulakars (clan leaders). People depended on Kalpavriksha (wish-fulfilling trees) for their needs. The Kulakar was the supreme authority, possessing complete qualities and responsible for maintaining order.
The Need for Punishment: The Kulakar had the right to punish offenders. However, in the time of Kulakar Vimalvahan, as the Kalpavrikshas diminished, people's attachment to them grew. Shared reliance on the same tree led to conflicts and animosity. Recognizing this, Kulakar Vimalvahan divided the Kalpavrikshas.

The Emergence of Penalties (Dandniti)

With the increasing disorder and disruption in social life, measures to control criminal tendencies became necessary, leading to the origin of Dandniti (penal policy). Jain literature suggests the initial implementation of three forms of penalties:

Hakar Niti (Verbal Rebuke/Expressing Regret): Introduced during the time of Kulakar Vimalvahan, this involved expressing regret or chiding the offender with words like "Ha! What have you done?" This was considered a significant punishment because the people of that era were naturally shy and modest. Even mild verbal reprimand made the offender feel deeply ashamed, akin to receiving a death sentence. This policy continued until the time of Kulakar Chakshushman.
Makar Niti (Prohibitory Statement): As offenses increased and the Hakar Niti became less effective, a new approach was needed. Kulakar Yashasvi, son of Chakshushman, began differentiating penalties based on the severity of the crime.
- Minor offenses were still addressed with the Hakar Niti.
- For more serious offenses, the Makar Niti was introduced, meaning "Do not do this." This was a strong prohibitory punishment.
- Those who committed even graver offenses were subjected to both forms of punishment. This system continued until Yashasvi's son, Amitchandra.
Dhikar Niti (Condemnation/Cursing): As societal deficiencies and discontent grew, leading to increased unruliness and wickedness, the Hakar and Makar Niti proved insufficient. When the Makar Niti also began to fail, the Dhikar Niti emerged. This policy, implemented from Kulakar Prasenjit to the last Kulakar, Nami, involved condemning the offender with words like "Dhik! Shame on you for doing this."

Classification of Offenses and Penalties:
- Minor offenses: Khed (regretful chiding)
- Medium offenses: Nishedh (prohibition)
- Grave offenses: Tiraskar (condemnation/disdain)

These forms of punishment were considered more impactful than even capital punishment. Up to the time of Kulnabhi, criminal tendencies were not very pronounced due to the simple and compassionate nature of people.

The Advent of Kingship: Lord Rishabhdeva

The Transition: During the reign of the last Kulakar, Nami, the Dhikar Niti became ineffective in preventing crimes. The people, alarmed by this, approached Rishabhdeva for help.
Rishabhdeva's Enthronement: Rishabhdeva, understanding the need for a structured governance, established an administrative system.
- Army and Officials: He appointed a security force with officials called 'Ugra'. A council of ministers was formed, named 'Bhog'. His advisors were known as 'Rajanya', and state employees were called 'Kshatriya'.
- Military Organization: To suppress wrongdoers and protect the populace, he established a four-division army comprising elephants, horses, chariots, and infantry.
- Policy of Governance: He also introduced the policy of Sam, Dam, Dand, and Bhed (appeasement, concession, punishment, and dissension) for crime prevention and offender apprehension.
The Four Types of Penalties (Dandniti) during Rishabhdeva's time:
1. Paribhash: Imprisonment for a specific period with verbal abuse.
2. Mandalbandh: Restricting movement to a limited area.
3. Charak: Imprisonment in a jail.
4. Chhachhed: Amputation of limbs.
- Scholarly Disagreement: Scholars have varying views on when these penalties were implemented, with some attributing the first two to Rishabhdeva and the latter two to Bharat, while others believe all four were introduced during Bharat's reign. Different interpretations also exist regarding the initiation of binding (fetters) and striking (caning) during Rishabhdeva's time, and capital punishment during Bharat's.

The King and the State Structure

The King's Role: The King was considered essential for the welfare of the people. He was expected to be well-versed in politics and devoted to Dharma. His lineage was important, and succession was generally hereditary. If the king had one son, he was the heir. If there were multiple sons, examinations were conducted to determine the successor. If a prince inherited the throne and then took to religious life, his younger brother would succeed him. If both the king and heir apparent renounced the world, the kingdom could be passed to the sister's son or a chosen successor through an animal like an elephant or horse.
The Role of Ministers (Amatya): Ministers held a crucial position, second only to the Crown Prince. They were skilled in diplomacy, policy-making, economics, and possessed sharp intellect and administrative acumen. Kings often sought their counsel on important matters.
Other Officials: The text lists various other administrative roles, including Shreshthi (treasurer/merchant guild head), Nagarsheth (city chief merchant), gram and rashtra heads, scribes, tax collectors, guards, accountants, physicians, generals, envoys, spies, etc.
Taxation: The primary source of state revenue was taxation. Initially, one-tenth of the produce was collected, but this could vary. Taxes were also levied on trade. Tax evasion was punishable by confiscation of goods.
Crimes and Punishments:
- Theft (Chaurya-karma): This was a prominent crime. Various types of thieves are mentioned, including those who looted wealth (Aamosh), those who killed for wealth (Lobhaar), those who broke into treasuries (Granthi Bhedak), daily thieves (Taskar), and abductors of girls (Kannuha).
- Severe Punishments: Punishments for theft were harsh, including confinement in iron pots, amputation of hands, and crucifixion. Offenders were publicly paraded, beaten, and their lips, noses, and ears were sometimes cut off.
- Other Crimes: Crimes like adultery and abduction of women were also punishable by public humiliation, shaving of heads, dismemberment, exile, and death. Women, if pregnant, were often pardoned. Murderers faced financial penalties and capital punishment.
- Types of Theft: The text details six methods of breaking and entering: Kapishirshakar, Kalashavrutti, Nandavarta Sansthan, Padmakriti, Purushakriti, and Shri Vatsasansthan.
Justice System: The system had qualified and honest judges who administered justice impartially. Even minor offenses carried severe penalties. False testimony was discouraged.
The King's Absolute Power: The king was considered the supreme authority, having absolute power. While he protected the people, he could also cause them distress. Disobeying the king's command was a serious offense, and there were penalties for it.
Prisons: The text mentions the existence of prisons and the treatment of inmates.
Spy Network: Each state had a secret intelligence system. The fear of spies even led to the apprehension of ascetics.
Warfare: The text also alludes to warfare, military strategy, and weaponry, suggesting that a detailed study of these aspects could form a comprehensive book.

Conclusion:

The book highlights that Jain literature provides valuable insights not only into religion and philosophy but also into various aspects of ancient Indian society and governance. The author emphasizes that Jain scholars should also focus on these secular aspects documented in the literature. The evolutionary journey of governance, from the simple rule of Kulakars to the complex administration of kings, with its defined roles, taxation, and penal systems, is a significant theme explored within the text.