Rajan Khatiwada, who is doing research and teaching at the University of Heidelberg in Germany, has studied under the Department of Classical Indology here on the subject of 'The Influence of Religion on Local Law'. The Civil Act 1910, which is the first legal code of Nepal, has been jointly translated and published in English by Rajan, German Professor Axel Michaels, Simon Chubelich.

Published by Bajr Books, this book deals with the civil law in religious, social and cultural terms. How to understand the society of that time through the eyes of the civil law, is its influence still in Nepalese society in some form or the other? Janakraj Sapkota of Kantipur conversation with Khatiwada :

When did the history of written law in Nepal begin?

According to the legal practice of the western world, the concept of codified law in Nepal V.No. It seems to have happened after the promulgation of the Civil Act in 1910. Before that, there were practices like issuing red seal, rukka, hukum, pramangi, signature and sanads in various documents, conducting behavior on the basis of religion. In general, if we only talk about legal concepts, we can reach Lichchivikal.

There are more than 200 records of Lichchivikal. Those records are not of law, but there are some sporadic matters of legal practice and practice. King Jayasithi Malla started his legal practice by having him prepare a translation/commentary in Nepalese language of the memoir called Naradasmriti. Although the book was translated into Nepali language, the vocabulary used at that time was comparatively different, so Nepali linguist Kashinath Tamot is now translating the book into current Nepali language. He said that since the language used in the book is relatively difficult, it may take another 12 years to prepare the translation. 

How did the work of connecting the law with the caste system begin? 

As soon as we say law, we come to (Hindu) Dharmashastra. Our legal practice is influenced by theological texts. The reign of Jayasthiti Malla can be considered as the starting point of legal conceptual practice. As he made to prepare the status of Nepalese language based on Naradasmriti, it is not beyond the Hindu scriptures. 

Did the writing of the civil law begin only after Jung Bahadur returned from Britain or had the work already started before that?

There is no exact answer for this topic. According to my research, its work started after Jung Bahadur returned from his visit to Britain and Paris in 1850. It is known from 'Jang Bahadur's British Travels' edited by Kamal Dixit that the state-made legal practices were well established in Britain and France at that time and Jung Bahadur had a good look at the legal and administrative practices there.

Its effect is seen in the civil law. During his visit, Jung Bahadur was impressed by the military strength and weapons there. It seems that they have the impression that detailed laws are needed to run a governance system like the UK. It seems that Jung Bahadur also made laws to give legitimacy to his regime. However, the modern law (positive law) created by the state at that time is not. Its support is in Hindu theological beliefs. In Lalmohar, which has been issued to implement this law, it has been said that there is a need for a comprehensive legal code to bring uniformity because there is no comprehensive law for all citizens. But this law is based on caste system. 

How was the civil law considered the starting point of written law written? 

It seems that it took a big team to write the constitution. The names of 230 officials are mentioned in the red seal when the Act was promulgated. They are Bharadars including Chautaria, Munsi, Ditha and Subba. There is a variety of subjects within the civil law. There is the matter of tax system, concept of land tax, criminal and civil law, social structure. Half of the civil law is about purity and impurity.

It seems that ruling the society at that time was based on purity and impurity. Whose water runs and who doesn't run. Punishment is also based on caste. Caste can be considered to be institutionalized through national laws. Those who are known as Tagadhari are placed in the upper class. Similarly, there are also voters in the water movement. They are divided into two castes – Masinya Matwali and Namasinya Matwali. 

In the scriptures, there was a system of divine examination for committing certain crimes. There was a system to see whether to put in fire or drown in water. This act has a different arrangement than the four varnas in the Hindu caste system. It has been classified as Tagadhari, Masinya Matwali, Namasinya Matwali, Water-flowing water should not be poured, water-free and water-flowing water should be poured. While this does not fit according to the Hindu caste system. This is a book that shows the mirror of Nepali society of 18-19th century.

The civil law also covers the finer points about caste, isn't it? 

More than half of the civil law is about what to do and what not to do. There are also chapters on who can have physical relations with whom, who should not have physical relations with whom, to padnya and thuknya. Here is also the punishment if a person of any caste spits in the mouth of a person of any caste. There is a rule that if a big caste spits on a small caste, the punishment will be less, if a small caste spits on the big one, the punishment will be more. Half of the civil law is focused on regulating the society according to the religion of the time. Here's what happens if someone eats a chicken and what happens if someone eats a pig. There are things such as saying that whoever drinks alcohol will not be punished and whoever drinks alcohol will be deported. 

Some people say that the civil law is an exercise to strengthen the Hindu system, some say that it is different from the Hindu system, what is your opinion? 

Those who argue that it reinforced the caste system based on Hinduism say that it created a layer of caste system. Because before that the caste system was only in practice. It legalized the practice of that caste system. Some say that it is not entirely based on Hindu scriptures, it is different from it. They say that different practices have been recorded in the said civil law than those in the Hindu religion. 

At that time, the king was believed to be an avatar of Vishnu. The country belonged to the king and the people were his vassals. Even though the Hindu scriptures accept the same thing, the law does not fully accept it. The king is not considered as a divine power. The king also said that if he commits any crime, he will be punished like a Raiti. If the king commits a crime, there are punishments such as evicting the palace and putting him in prison. There is also what to do if the king or the minister sells any part of the country. 

There is also a custom in the civil law about the practice of kissing Westerners and doing panipati after going abroad? 

Westerners are said to be covered by civil law. They are placed in the category of water running but not soaking. It has been made clear that the punishment will be based on the punishment given to the caste, which causes water to flow but does not need to be touched. 

The death penalty is still carried out in Arab countries. There was provision for death penalty in the civil law, wasn't it? 

The word 'Jian Kati Maridinya' is in many places in the civil law. Where the death penalty is to be imposed, it is written that the death shall be cut off. I have also included the 'court orders' of that time in the book. A person has gone somewhere and killed someone and if it is proven that the court has decided to kill this person according to this section of the civil law, because this person went here and killed himself in this way, then there is a 'court order' written. There is a method to it. Whether people should be cut or hanged. 

There was a different system based on caste in the death penalty, right? 

Brahmin women and certain types of ascetics are not punished with death. In an incident where a Brahmin and a Kshatriya are found to have committed suicide, the Brahmin is not punished with death, while the Kshatriya is punished with death. A Brahmin is punished with Damal. Damne on the forehead means making khat, turning four pages, and after seeing the crime, people were taken away and they were deported by carrying a pig's calf or feeding them something inedible. Desh Nikha means if you are from the East, you will be sent to the West, and if you are from the West, you will be sent to the East. According to the understanding of the society at that time, killing and killing are the same punishment. 

Looking at the eyes of modern times, how unfriendly was the civil law towards women?  The

was very lenient. Because it was written based on scriptures. According to the civil law, women cannot do many things freely. Like: They can't take loans. If you had to go outside the country, there was a rule that you should be accompanied by your husband or if you don't have a husband, your son or someone you know. The civil law treats women as commodities. However, no matter what caste a woman is, there is no death penalty. Imprisonment of women is also less than that of men. 

The history of slavery can be read in Western society. There is also slavery in the civil law? 

There is no comparison between slavery in Western society and slavery in Nepal. Because the slave system of Nepal does not seem to be commercialized (slave market) like in the western world. According to the administrative and legal documents, it does not appear that there was widespread buying and selling of slaves. Even for the slaves, it seems that the basic rights system is protected by the civil law. In the western style of slavery, after buying and taking away all rights, it falls under 'social alienation'. However, caste also comes up in slavery in Nepal. If he is a slave of Brahmin origin, he will not be punished with death. 

How to understand the society at that time through the eyes of the civil law?

The common people, who were called Raiti, can be seen through their eyes and another through the eyes of the 'political elite'. Raitis were not literate. It was an ethical society. The dialogue of the "political elites" seems to have been with British India or Britain and France as well. That's why they seem to have adopted something new. 'Legal Codification' is an example of that. Year 1854 i.e. In 1910, the idea of ​​needing a 'comprehensive legal code' was a very new thing for the society at that time.

While in British-ruled India, the 'Penal Court of India' was implemented 6 years after the civil law. The same is true of the printing press. It seems that the practice of writing history has been going on even before the promulgation of the Civil Act. Around the year 1820, the elites here adopted the Western style of history writing and some such things were published after research. Although it is in the initial stage, it seems that there has been an attempt to write history in a different style than genealogy. Manuscripts are also found. Among the elites, there is a mentality that if we know the Raitis, we will not be able to remain rulers. So they seem to have distanced themselves from Raiti.