Live by being brave, otherwise, I would cut your skin and cut it into quarters and feed it to crows, eagles and vultures, understand. But what should I do, I will live with arms', the scene in 1997, when Bahadur Shamsher muttered with anger while looking at the warrior of democracy, Tank Prasad Acharya, remained unforgettable for the political history of Nepal.

Because, Acharya's colleague Ramhari Sharma says, "Me and Tankprasadji were not sentenced to death because we were brothers, we were sentenced to life imprisonment with four full sentences." 

According to the punishment set by the Rana rulers, Acharya and Sharma were 'damaged' or not? Due to the different definitions of the word 'Damal' this may be questioned. There is no doubt that life imprisonment was given along with charpate mudi sarvasva, it is necessary to dig for the correct definition and practice to find the answer to the question whether 'damal' was punished or not. This Khotalkhatal is only a historical study of the punishment of body piercing prevalent in Nepal under the pretext of 'ansh sarvaswa, mudi, damal' punishment assigned to Acharya and Sharma. 

Damal (दमल) means

According to Acharya and Sharma's colleague Ganeshman Singh, according to the legal practice of the time, a person convicted of Damal automatically became a party to caste and life imprisonment. Because, 'Damal meant - a punishment of imprisonment for life with a part of everything and a punishment of turning caste away (Singh 2058:95).' Most historians and legal scholars do not seem to agree with one aspect of Singh's definition of Damal (Damal) punishment. That is the aspect, the question of whether or not it is engraved on the person's body during Damal. Fellows Top Bahadur Singh, Dr. Krishnakanth Adhikari, Dr. Tulsi Ram Vaidya, Dr. Triratna Manandhar, Prakash Vasti, Vishal Khanal have used damal or damal in the sense of pressing on the body. According to them, when engaging in major crimes, it was customary to degenerate the caste by carving letters on the body to leave a mark, turning four leaves, imprisonment for life or imprisonment for life with everything. 

Dictionaries Ralph Turner, Balchandra Sharma Pokharel and others, Harshanath Bhattarai, Vasantakumar Sharma 'Nepal', Dr. Even though Shankar Kumar Shrestha writes in his dictionary that Damal is punished with life imprisonment by engraving letters on his body, there is no indication of caste degradation. Sardar Bhim Bahadur Pandey in "That time of Nepal" has defined the three syllables of "damal" in the meaning of life imprisonment. Rajit Bhakta Pradhanang has explained the term Damal only as birth imprisonment, while Top Bahadur Singh has defined it separately from the term Damal. While this punishment carries with it the penalty of caste degradation or relegation, the practice of life imprisonment instead of death sentence for criminals belonging to unkillable (abdhya) and mudible caste (Brahmin) and abdhaya gender (female) is also embedded. Historian M.S. Jain in 'The Emergence of a New Aristocracy in Nepal' has explained that Damal, which is given by carving the letter 'D' of the word Damal on the left cheek, is a lesser punishment than the death penalty. And, this punishment has been commented as an exception to the general principle of the Civil Act, 1910, which gives 'death penalty for life', instead of death penalty to Brahmins and women. According to the Civil Act-1910, even in the crime of murder, Brahmins will be punished with all their property and women will be punished only (Jain 1972: 163, 168). 

According to former judge Top Bahadur Singh's 'Legal Dictionary', Damal means: Punishment for degrading the caste by engraving the three letters 'Damal' on the right cheek. Civil Act, 1992 "Jian Lianda, Mudda, Damal Garadako" No. According to 5, "When mixed with a caste that does not move water and needs to be poured quickly, it is the act of leaving the skull and non-food food so that 1 letter of the same caste remains marked on the pindaula - Damal (Singh 2076: 240). Even though Singh said the right cheek, in the Muluki Act- 1910, there is a practice of engraving Damal letters especially on the left cheek, and there is a practice of engraving letters on the chin when caste declines. According to Adhikari, Vaidya, Manandhar and Vasti, the system of punishing criminals by physically marking them does not seem to exist only in the civil law, rather it is a very ancient practice. Hindu authorities such as Manu and Yajnavalkya prescribed pindula or dog paw marks on the forehead for crimes such as illicit sex, theft and robbery (Adhikari 1984:277–278).

Damal and Daymul Hobbs

The term Damal/Damal has been used extensively in the Civil Code, which originally meant corporal punishment for crimes of life, corruption, and tyranny, and in the case of Brahmins and women, imprisonment for life instead of death. - It seems to be understood. In 2022, the word Damal-Damal is used in 269 places in the 'Muluki Ain made during the reign of Shri 5 Surendravikram Shahdev' published by the Ministry of Government, Law and Justice of His Majesty the King. However, the word Damal was not clearly explained in the Civil Act written in 1910 and its many amendments. In the Sanad of Bhimshamsher issued in the year 1988, a little explanation about damal can be found in the Sanad of Bhimshamsher, which was issued in the year 1988 regarding the punishment of criminals of certain race-caste-gender-gotra. Looking at the interpretation of the Sanad, it seems that according to the words of Hindu Dharma Shastra made by Manu and Yajnavalkya, instead of giving death penalty, living in Akshar Ankit prison is to be imprisoned for life (Muluki Ain 2009:242, Vasti 2079:434).

The word damal appears to be derived from the Arabic word 'daymul habs' (daimulh habs), which means life imprisonment, imprisonment for life, or death sentence (Pokharel et al. 2040:645, Sharma 'Nepal' 2057:658). Similarly, in India, it is also known as 'Damil' or 'Damal' in Hindi, while the derivation of the word Damal, popular in Nepali language, is connected with the word Dam and the root verb Damnu. Daymul Hobs, damal/damal is considered to mean life imprisonment and exile (Prasad, Sahay and Srivastava  1992:455,516). 

In South Asia, especially in Nepal, when punishing according to the method prescribed by Hindu scriptures, the word damal/damal may have been practiced in the sense of giving asphalt to the body for life and it may have been an integral part of different punishments given according to caste-gender. The practice of life imprisonment is not absent in other societies, but it may also be a feature of the Hinduized legal and legal tradition of Nepal, which practices Hindu scriptures. 

The practice and history of Damal

Exploring this tradition and practice, historian Krishna Kant Adhikari writes in 'Nepal Under Jung Bahadur: 1846-1877', 'According to the Nepali law of the nineteenth century, a person up to the age of twelve was considered a minor. In fact, accidental killings of such minors were always treated as premeditated murders. If the perpetrator of such murder was a non-Brahmin male, he was given the death penalty. However, Brahmins and women were not given death penalty. Brahmins and women of all castes were only punished with fines, while Brahmin men were deprived of everything. To punish with Damal is to inscribe the first letter of the Nepali word Damal on the left cheek of the criminal. Damal with a hot iron was considered as the second worst punishment after the death penalty (Adhikari 1984: 277-278).'' Also seems to be used. Bhimsen Thapa's nephew, Colonel Ujirsinh Thapa, when he was the head of Palpa, issued in 1879 in Chaitra, the ban on military and civil status has been prescribed in 5 places. According to Rajeshwar Thapa, 'Someone is degenerate because of his caste. Those who know him will say that the world has ended. He does not say that he is degenerate. Others do not know and he bores everyone in the water. Therefore, the caste is degenerate. Don't leave the letter without leaving it..... (Thapa 2064:114).' 

'Don't touch it, because even if it is like a woman of a non-caste, it is like a sadhawa widow of a non-caste, even if it is the same caste. ' 

While turning the history of Damal, on the one hand we will reach the reign of Prithvi Narayan Shah and his ancestor Ram Shah, on the other hand we will reach the kingdom of Jayasthiti Malla. Dr. about the legal system of punishment especially given in Panchkhat under the rule of Prithvi Narayan Shah. Jagdishchandra Regmi writes in 'Legal Tradition of Nepal', 'If there is sufficient evidence in the case of Panchakhat- 1) death penalty, 2) life imprisonment, 3) caste removal from the district or state, 4) low caste and 5).

Prithvi Narayan Shah continued the tradition of increasing punishment according to caste and caste. Researcher Revathiraman Khanal's analysis in the 'Outline of Nepal's Legal History' about the traditions and practices of the Shah period of giving mild or severe punishment to people of certain castes, "It was a general rule to behead the dead." But even if Brahmins, Sanyasis, Jogis, Bairagis and Jananas died, they were not sentenced to death but were sentenced to life imprisonment or banishment. In some castes, there was a legal provision to behead the king who released his wife. However, there was a rule that Brahmins and other unruly castes could not be cut off, but rather they would be expelled from the village and jailed with marriage expenses paid by the Tsar (Khanal 2059:91).' 

Prithvi Narayan Shah's laws, regulations and behavior can be seen to have been tied by his ancestor Ram Shah, in which the provision to kill more castes and communities instead of death penalty is clearly written. According to Khanal, Ram Shah, who succeeded in making the saying 'Goorkha go without justice', even if he commits a capital crime, Chautaria Bhai Sagol Bandhu, Brahmins, recluses, ascetics, Bhats and women, are not to be given death penalty, but they are to be deported. . He further writes, 'After expelling the Brahmins from the country, the death penalty is given. Gurus, children, old people, women, yogis, ascetics, recluses should not be given death penalty, others should be punished. Apart from these, as it is stipulated in the scriptures that the death penalty should be given to criminals who commit other types of heinous and capital crimes, Shri 5 Ramshah gave the death penalty to the gotras-bandhus. He made that arrangement because he was going to be given the death penalty. It was clarified that the position was made that even if a Brahmin is punished with death, even if he is expelled from the country, because it is punishable, and even those who disguise themselves as hermits are forbidden (Khanal 2059:63-64).' 

Murkatta mark on the forehead 

Even before Ram Shah, Jai Siti Malla had established a position in the Nepal Mandal on the basis of Dharmashastra. In the background of Malla's Thithi is the 'Nyayavikasini' written and interpreted on the basis of 'Narad Samhita'. In it, there is a tradition of giving different punishments according to caste for crimes such as trading in poisons and weapons, killing by using poisons and weapons, assaulting women and committing other deadly activities. Prakash Vasti has shown the fact that it also includes the punishment given to uncut caste. 

Shantaharsh Vajracharya and Dineshraj Pant edited 'Nyayavikasini' separately. Pant's explanation in 'Nyayavikasini' about the point shown by Vasti is, 'If a Brahmin commits Gurutulyagaman (intercourse with persons like mother, sister-in-law, guru, sister-in-law, daughter and sisters), drinks alcohol, steals, kills a Brahmin or commits infanticide, his body will be indelibly marked. . If he does Gurutulyagaman, I will make a mark of the vagina on his forehead etc. visible parts. In case of theft, make a footprint of a dog so that it is not erased. If he commits Brahmin or infanticide, the headless body will be engraved on his forehead. Forbid anyone to speak or talk to him. This is the order of Manu (Pant 2065:291).' 

Similar verses to Nyayavikasini's Sanskrit verses are also found in Naradasmriti, Manusmriti and Yajnavalkyasmriti. According to Dineshraj Pant, various verses of Naradasmriti are compared with Manusmriti, Yajnavalkyasmriti, Vishnusmriti, Apastambasmriti, Gautamsmriti, Vasishthasmriti, Baudhayanasmriti, Julius Yolli, Richard W. Scholars such as Lariviere have written. For this reason, Pant believes that if a comparative study of Naradasmriti with those Smriti as well as a comparative study of Nyayavikasini with them can be done, it will shed light on the history of Nepal's judiciary (Pant 2065: Statement not mentioned).' 

Tulsiram Vaidya and Tirrament In Nepal: Unesthetic Perspective Theology in various Hindu Perspective ', according to a various Hindule Perspective, the analysis of various Hindu Scriptures, the analysis of various Hindu Perspective'. In this book, the book originally analyzed in about two thousand years to rule from the rule from two thousand years. Crime and crime against the crime against the king and the kingdom, the crime, sex offense against body, differs to crime, sex crime and personal property against the crime, nationalism and religion, for a long time crime, the garbage risen not to perish, not according to a criminal criminal. The main aspect of measuring the legislature by making the law specified in various memory, the Scriptures and women are reluctant to destroy the funeral, turn around the city, rotate and insisting of pork. Prevailing from time to time. '& Nbsp;

'Cryim & Symployment In Nepal' has been given the fact that you can make a different type of punishment to make a different type of punishment, a body planting, eraser, and killing limbs, and reproach. The main purpose of self-smelling use is written, the main purpose of punishment to monasures or digging or belief, and let him be acquainted with the stigrant on his body. Such punishment is not limited to but in India but also in the European country, such as Britain and ancient Rom. Despite the seventeenth centuries, murderers were consumed to be "m ', thieves and others. The fled slaves were also consumed. Flying in Nepal also was a lot of practice (Vehicle and Manandhar 1985: 14-15). & NBSP;

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Example, Muda, Dormal' '

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, Muda, BRAK, 1910 Saul's criminals brought a new turn in punishment. That is the turn of the punishment for a fertility of punishment in the case of a life, which is called the rest of birth sentences, which is called a slave to the left of the head (Venetic and Manandhar 1985:208). It is a large change that brought instead of slavery instead of a country. During this time, most of the time were often saved, many were killed. Brahmins, the sweat, and women, and women, who would be punished, would have been killed and punished by the people of the caste-geng. Rana had some efforts of repentance in such a situation. & Nbsp; The unqualified book of Devhamammher and Irgent Nepal 'unqualified book "Devshmam and Irgent Nepal' is the custom of Devasmram in various parts of the body. According to the said book, 1958, X-Shamur's Government, 1958, has been ordered to inform the government, "for Zarejujuan, who had been in public, and eyebrows. Thus, eyebrows and bearded people have been taken captive to the prison, as a prisoner in prison, notice has been issued. According to Manandar's opinion, the information that was involved in Devushamsheer during the body of the body was issued in information about the furnished prisoners. H.A. who saw the scene of the death penalty. The Uld Field also, including the five part of the country's Pass in the Pass in Birushamer, is estimated that its practice is decreasing in Ranaandhar period. & Nbsp; In 1988 BS, Chancedes were released in 1983 and 1999 in 1988 for improvement in

. In 2003, Padmushamer was said to prohibit the death penalty by amending the country Act. It would be put to death on any issue other than the cycle, pause, and the country of the country (2009: 242, Sabiliation 2079: 432-43). In the same period, 1997, 1997, 1997, 1997 was strongly sentenced to the rebellion, three Newar and a Chhetri was executed. And their leaders and colleagues like Tank Prasad Padhyay (Acharya) and Ramhari Padhyay (Sharma) were given the punishment of 'ansh sarvaswa, mudi, damal'. Among the scholars of the colleagues, Joint has not been sorry about the Ganeshman Singh (2014: 215).

has not been a four-fallen, barnted prison and being punished for the imprisonment of lifelong admission. Limiting the slave by limiting the slaughter of Arabic, they cannot say that the girdle of Hindu Scriptures and long-term historical practices of the Nepali state cannot be said to be saved at the body. Instead, the "light punishment 'of the body, such as forehead, cheeks and pages, says" high sentence'. Because the Scriptural interpretation may have been handed over the Scriptures that non-concentrations of nonfunctionalism in the execution, circle, and the punishment for providing death. After Improving this, you see the court proof as a birth sentence for 2021 years after being improved. In this sense, the issue of the act is not the punishment for the imprisonment of Nepal, the issue of research and disrespects. I would like to be asked for study, research, and thinking. & NBSP;