Vartaman Nyaya Vyavastha Ka Adhar Dharmik Achar Samhita

Here's a comprehensive summary in English of the Jain text "Vartaman Nyaya Vyavastha ka Adhar Dharmik Achar Samhita" by Sohanraj Kothari:

The book posits that religious ethical codes form the foundation of the current judicial system. The author, Sohanraj Kothari, a retired District and Sessions Judge, argues that society, born from the need to collectively secure and develop individuals' material and spiritual needs, establishes ethical codes for harmonious coexistence. Morality is rooted in religion or spirituality, and religion finds its expression in morality. Without ethics, religion is inconceivable, and without religion, ethics lacks substance.

Consequently, the author asserts that laws, which are societal ethical codes enforced by the state, ultimately originate from religion. While both religious adherence ("vrat") and legal compliance involve rules, their enforcement differs. Religious practices are voluntarily undertaken through self-discipline, free from coercion, fear, or punishment. The legal system, however, uses the "external force" of administration to compel compliance and punish offenders, as most individuals lack the inherent foresight to prioritize others' interests when pursuing their own. The judicial system was established to prevent individuals from infringing on each other's rights while safeguarding their own.

The book highlights that while India has numerous religious institutions with their own ethical codes, they are all based on principles like ahimsa (non-violence), achaurya (non-stealing), satya (truth), brahmacharya (celibacy), and aparigraha (non-possession). However, their interpretations and applications vary. This essay specifically focuses on the Jain ethical code and its remarkable congruence with the laws.

The core of Jainism's ethical framework, as presented by Lord Mahavir, emphasizes these five fundamental principles. For those renouncing worldly activities to focus on the self (Anagar Dharma), these are practiced in their absolute form (Mahavrat). For householders engaged in society and livelihood (Aagar Dharma), a lesser form is prescribed (Anuvrat). Since the essay deals with social life, the focus is on Anuvrat, the ethical code for householders (shravaks).

The author draws a strong parallel between the expectations of good citizenship in the judicial system and the principles of Anuvrat. Criminal activities are seen as corruptions of good citizenship, leading to a system of punishment outlined in the Indian Penal Code. The protection of individual property rights is detailed in acts like the Indian Contract Act, and the procedures for gathering evidence are in the Indian Evidence Act. The enduring relevance of these laws, with minimal substantive changes over two centuries, indicates the timeless significance of the ethical principles they embody.

Through comparative tables, the essay demonstrates the "unprecedented similarity and uniformity" between Jain ethical principles (shravak's vrat and atichar) and punishable offenses under the Penal Code. This is illustrated point-by-point for each of the five core Jain vows:

• First Vow (Ahimsa): Relates to offenses like wrongful confinement, causing hurt, kidnapping, murder, attempt to murder, abortion, causing grievous hurt, assault, rioting, mischief, and illegal labor, all of which involve inflicting harm on living beings.
• Second Vow (Satya): Corresponds to crimes involving false statements, such as false declarations, false evidence, forgery, cheating, defamation, and insulting religious beliefs, all stemming from untruthfulness.
• Third Vow (Achaurya): Addresses offenses related to stealing and dishonesty, including theft, burglary, robbery, dacoity, receiving stolen property, using false weights and measures, and adulteration. These directly mirror the Jain principle of not taking what is not given.
• Fourth Vow (Brahmacharya): Aligns with laws against sexual offenses, such as rape, incest, unlawful carnal intercourse, bigamy, adultery, and voyeurism. The Jain vow restricts sexual activity to one's spouse and abstains from improper relations.
• Fifth Vow (Aparigraha): While directly matching legal provisions for property limitations is less explicit in existing laws, the author points to the Land Ceiling Act and discussions around urban property limits as nascent legal expressions of limiting possession. Offenses like bribery and corruption are also seen as violations of this principle, where public servants illegally acquire wealth or possessions.

The essay further notes that while Jainism considers the intention behind actions, the legal system punishes not just the act but also abetment, conspiracy, and concealment of crimes.

The author observes a significant evolution in punishment systems. Historically, punishments were severe (hand amputation, blinding, dismemberment, public execution). However, with the advancement of civilization, compassion, and equality, punishments have become more humane, focusing on imprisonment and fines to allow for reform and rehabilitation. Modern correctional facilities aim to educate and employ inmates, and there are provisions for reducing sentences based on good behavior. The text also highlights a growing legal sensitivity towards all living beings, citing laws like the Prevention of Cruelty to Animals Act and Wildlife Protection Acts, which extend ethical considerations beyond humans, mirroring the broader compassion inherent in Jainism.

Interestingly, the author points out that current legal systems sometimes penalize actions that are not explicitly considered sins in the Jain Shravak's code, such as polygamy, sexual harassment, displaying obscene material, importing girls, or polluting public resources. This suggests that while the legal system is moving towards ethical principles, it sometimes precedes Jain ethical boundaries due to modern societal issues.

The book emphasizes the profound impact of religious principles on procedural law as well. The practice of taking an oath in court – "I will speak the truth, the whole truth, and nothing but the truth, so help me God" – is presented as a direct embodiment of the value placed on truth in both the judicial and religious spheres. The Indian Evidence Act and the Indian Contract Act are also seen as reflecting ethical principles. A contract's validity, like the acceptance of a religious vow, requires a sound mind, free consent, and lawful intent, devoid of coercion, fraud, or undue influence. The author likens the mental commitment in religious adherence to the practical agreement in a contract. The contract law's prohibition of gambling and betting is lauded as a significant social achievement from a religious perspective.

In conclusion, the author asserts that both the current judicial system and religious ethical codes share the common goal of refining individuals and society, thus exhibiting considerable uniformity. However, a key difference lies in their enforcement: religion relies on voluntary adherence for personal spiritual growth, a path that is enduring yet challenging, while the legal system enforces compliance through state power, leading to quicker results but risking rebellion and oppression.

Ultimately, the book advocates for a balance between the two systems. Education and encouragement should foster voluntary adherence to religious ethical codes. Simultaneously, those who engage in unethical behavior and become a threat to society should be compelled to reform through the judicial process. The author stresses that the character of the individuals implementing these systems (religious leaders, judges) is paramount. Without their integrity, neither system can be truly beneficial. Excellent individuals elevate any system, while corrupt individuals degrade it. Therefore, the fundamental expectation for the success of both systems is the development of virtuous character in the people who operate them. The author concludes by viewing religious ethical codes as the foundation and the judicial system as the fruit of that foundation, emphasizing the need for both to be sound and fulfilling.