Purva Madhyakalin Bharatiya Nyaya Evam Dand Vyavastha - Book Summary

Here's a comprehensive summary in English of the provided Jain text, "Purva Madhyakalin Bharatiya Nyaya evam Dand Vyavastha" by Zhinuk Yadav:

This document, focusing on the Judicial and Penal System in Medieval India (in the context of Prakrit Narrative Literature), draws from various historical sources, including inscriptions, coins, foreign accounts, archaeological findings, and crucially, literary sources like Brahmanical, Buddhist, and Jain texts. The author, Zhinuk Yadav, highlights the importance of these literary works, especially Jain literature, which, like Brahmanical and Buddhist literature, is vast and offers insights into the social and cultural fabric of ancient India.

The essay specifically analyzes material from Jain narrative literature such as Samaraichchhakaha, Kuvalayamalakaha, Kathakoshaprakarana, Gyanapanchamikaha, and Kumarpal Pratibodh, dating from the 6th-7th to 12th-13th centuries.

Key aspects discussed include:

1. Judicial System (Nyaya-Vyavastha):

King as the Chief Justice: The King was the paramount judicial authority. Initially, ministers or other officials investigated offenses, and cases were then presented to the King. The King often made decisions based on the advice of judicial officers.
Role of Prominent Citizens: In some instances, prominent individuals from the city would jointly decide on disputes, and their decisions were accepted by both parties.
Appeals and Judicial Hierarchy: The King heard appeals against decisions of subordinate courts.
Judicial Process: The Samaraichchhakaha indicates that written appeals were submitted to the King for investigation. While the King ideally handled justice personally, the Pradvivak (Chief Justice) often took over due to heavy workload.
Severity of Treason: Treason against the "seven elements" (King, ministers, etc.) was considered a grave offense, punishable by being burned alive.
Treatment of Women in Legal Matters: While contemporary religious traditions considered women "unassailable" (avadhya), leading to exile instead of capital punishment, the Samaraichchhakaha reflects this. However, the text also notes that scriptural law (like Yajnavalkya Smriti) prescribed capital punishment for women committing grave offenses like abortion or murder. The author suggests the more lenient approach towards women in Prakrit literature might stem from Jain principles of ahimsa (non-violence).
The Role of the King in Justice: Kings were generally described as justice-loving, and impartiality was expected. The belief was that a king who dispensed justice according to scriptures was revered and that such justice led the subjects towards dharma, artha, and kama (righteousness, wealth, and desire).
The "Panckul" (Committee of Five): The Samaraichchhakaha mentions the "Panckul," a committee of five judicial officers. This body, possibly elected based on wealth and lineage, functioned similarly to modern village councils. Inscriptions from various regions and periods confirm the existence and function of the Panckul in administering justice and managing affairs, sometimes in conjunction with ministers and city superintendents.
The "Karanik": Similar to the Panckul, the "Karanik" is mentioned in the Samaraichchhakaha for conducting judicial inquiries. Other Jain texts use "Karanik" or "Rup-yaksha" for judges. A Karanik was expected to be skilled in ethics and jurisprudence and to remain impartial. They were involved in matters of state revenue and expenditure, as well as judicial investigations. The text details five types of functions for a "Karnik" related to revenue collection, record-keeping, seals, and finance.

2. Penal System (Dand-Vyavastha):

Harsh Punishments: The medieval Indian administration enforced severe punishments even for minor offenses.
Physical Mutilation: The Samaraichchhakaha describes punishments similar to those in the Dharmashastras, including cutting off eyes, ears, nose, hands, and feet of murderers and thieves while they were still alive.
Deportation: Women committing offenses and sons committing treason could be exiled.
Capital Punishment: This was a common punishment for serious crimes like treason, theft, and cunning acts.
Public Humiliation and Punishment: Convicted criminals were paraded through the city with their bodies smeared with straw and soot, accompanied by the beating of drums, to deter others. The procession served as a public announcement of the punishment meted out according to their deeds, warning that similar actions would result in the same fate. After this public display, they were often taken to the cremation ground by Chandalas (outcastes) and executed.
Types of Punishment: The Samaraichchhakaha lists eight types of punishments: expressing regret, prohibition, condemnation, admonition, confinement to a limited area, imprisonment, physical punishment, and financial penalties.
Specific Punishments for Theft: Thieves caught red-handed could face death. Those who broke into houses and stole might be hanged. Deceitful individuals also faced the death penalty. Some texts mention punishments like being whipped or forced to consume excrement.
Police Department and Officials:
- Dandapashika: A prominent police official appointed by the King, responsible for overseeing crimes, identifying offenders, and ordering punishments. Their cases were then brought before the council of ministers and finally decided by the King. The title "Dandapashika" is found in the inscriptions of the Pal, Parmar, and Pratihar dynasties. They were key officials in the central administration, heading the police department. The author equates them to "Police Magistrates."
- Kaladandapashika: Possibly a higher-ranking official than the Dandapashika, responsible for overseeing serious cases and administering capital punishment.
- Prahari: Another police employee responsible for the security of cities and villages against thieves and robbers. These were essentially sentinels or guards. Terms like "Jamail," "Puramahall," and "Nagaramahall" are also used in this context.
- Nagarrakshak and Arakshak: These were other police personnel responsible for maintaining peace and order in cities and villages. The "Arakshak" can be compared to modern PAC (Provincial Armed Constabulary), primarily involved in internal security.

In essence, the document provides a detailed account of the judicial and penal structures in medieval India, as revealed through the rich narrative traditions of Jain literature, highlighting the King's central role, the various judicial and policing officials, and the often severe nature of punishments prevalent during that era.