**Manik Bajracharya (Ed.)**

**Slavery and Unfree Labour in Nepal**

# **Slavery and Unfree Labour in Nepal**

Documents from the 18th to Early 20th Century

Slavery and Unfree Labour in Nepal

#### DOCUMENTA NEPALICA

#### Book Series; 3

Chief Editor: Axel Michaels

Editorial Board

Heidelberg Academy of Sciences and Humanities Research Unit "Documents on the History of Religion and Law of Pre-modern Nepal"

Manik Bajracharya Simon Cubelic Rajan Khatiwoda Astrid Zotter Christof Zotter

## Slavery and Unfree Labour in Nepal

Documents from the 18th to Early 20th Century

> Edited by Manik Bajracharya

With contributions by Simon Cubelic Rajan Khatiwoda Axel Michaels

This volume has been promoted by the Joint Science Conference of the Federal Government and the governments of the states of the Federal Republic of Germany in the Academies' Programme from the joint fundings of the Federal Government of Germany (Federal Ministry of Education and Research) and the state Baden-Wurttemberg (Ministry of Science, Research and the Arts).

**Bibliographic information published by the Deutsche Nationalbibliothek** The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie. Detailed bibliographic data are available on the Internet at http://dnb.dnb.de.

This book is published under the Creative Commons Attribution 4.0 Licence (CC BY-SA 4.0). The cover is subject to the Creative Commons License CC BY-ND 4.0.

Published at Heidelberg University Publishing (heiUP), 2022

Heidelberg University/Heidelberg University Library Heidelberg University Publishing (heiUP) Grabengasse 1, 69117 Heidelberg, Germany https://heiup.uni-heidelberg.de

The electronic, open access version of this work is permanently available on Heidelberg University Publishing's website: http://heiup.uni-heidelberg.de. urn: urn:nbn:de:bsz:16-heiup-book-1003-7 doi: https://doi.org/10.17885/heiup.1003

Text © 2022, the authors.

Cover image: Kirkpatrick, Colonel. 1811. An Account of the Kingdom of Nepaul. London: William Miller, p. 38.

ISSN 2568-7867 eISSN 2569-8147

ISBN 978-3-96822-135-9 (Hardcover) ISBN 978-3-96822-134-2 (PDF)

## Contents


vi — Contents


#### **List of Tables**


#### **List of Figures**


## Sigla, Abbreviations and Editorial Conventions

### **Sigla and Abbreviations**


x — Sigla, Abbreviations and Editorial Conventions

#### **Editorial Signs**


#### **Editorial Conventions**

The text as it appears in the original documents is reproduced as faithfully as possible. The orthography for the original text has not been changed into modern Nepālī.

Nepālī case endings are treated as true suffixes, and Nepālī compound verbs have been joined.

The *nukta*-sign (as in व़, य़) and middle dot (•) have been ignored in the editions.

The *daṇḍa* (।) has been supplied to the *Devanāgarī* text as a sentence break where necessary.

Various types of macrons and lines in the text are uniformly represented by "---".

Line numbers have been added to the main body of the original text.

The texts from the *Ain* of 1854 have been transcribed following the book *Śrī 5 Surendra Bikram Śāhadevakā Śāsanakālamā Baneko Mulukī Ain* published by Kānuna tathā Nyāya Mantrālaya in VS 2022.

## Foreword by Saubhagya Pradhananga

The National Archives of Nepal, established in 1967, is the government body authorised to manage and preserve the country's archival documents. It operates according to the Archives Preservation Act of 1989, and its functions as a repository of government records are to collect and preserve manuscripts and other significant documents and to facilitate public access to them. It collaborates with both national and international organizations in pursuit of its goals, and has thereby created a network of partnerships.

The National Archives of Nepal has enjoyed a number of longterm collaborations with Germany. It successfully partnered with the Nepal-German Manuscript Preservation Project, founded in 1970, and its successor Nepalese-German Manuscript Cataloguing Project. In 2018 the research unit Documents on the History of Religion and Law of Premodern Nepal of the Heidelberg Academy of Sciences and Humanities commenced a publication series entitled "Documenta Nepalica". The first and second volumes of the series, *Studies in Historical Documents from Nepal and India,* and *The Mulukī Ain of 1854: Nepal's First Legal Code* demonstrated the significance of Nepal's documentary heritage for historical and legal studies on South Asia and beyond and sparked further scholarly interest in our country's rich archival sources.

The present volume "Slavery and Unfree Labour in Nepal: Documents from the 18th to Early 20th Century", consisting of editions, translations and study of documents and related articles of the *Ain* is an important contribution to the study of the practices of slavery and unfree labour in pre-modern Nepal and its systemisation through legal codification. The National Archives of Nepal has preserved a wide range of administrative and legal documents which deal with various aspect of slavery in Nepal. I am sure that this volume will become an important publication for anyone interested in the complex and at times unique system of slavery practised in a caste-based xii — Foreword by Saubhagya Pradhananga

society and under the umbrella of the kingship predominantly influenced by the Brahmanical legal scriptures.

*Saubhagya Pradhananga*

*Director General National Archives of Nepal*

## Preface

The historiography of slavery in South Asia is much under-represented compared to that of Africa and North America. In the historiography in Nepal, in particular, the topic of slavery has found only a marginal place despite its considerable presence in the past. The present volume is intended to remedy this shortcoming. It focusses on documents and legal texts written in Nepal from the period of the eighteenth to the early twentieth century. Thus, rather than dealing with complex theories relating to slavery, it aims to be a reader of resources to assist prospective studies on historical slavery in Nepal.

This work is partly an outcome of the conference "Masters and Servants: Slavery, Bondage and Unfree Labour in Nepalese History" held on 3–4 March 2019 in Patan, Nepal, and jointly organized by the Research Unit "Documents on the History of Religion and Law of Pre-modern Nepal" of the Heidelberg Academy of Sciences and Humanities and the National Archives of Nepal. The participants included (alphabetically listed, paper presenters being indicated by "P") Manik Bajracharya (P), Christiane Brosius, Simon Cubelic (P), Thomas Holstein, Michael J. Hutt, Mrigendra Bahadur Karki, Sharad Kasaa, Rajan Khatiwoda (P), Axel Michaels (P), Shamik Mishra, Arik Moran (P), Pratyoush Onta, Dinesh Raj Pant (P), Philip Pierce, Nadine Plachta (P), Saubhagya Pradhananga (P), Sanjog Rupakheti (P), Bernd Schneidmüller, Nutandhar Sharma, Omkareshwor Shrestha, Tek Bahadur Shrestha, Kashinath Tamot, Ramhari Timalsina (P), Kesang Tseten (P), and Catherine Warner (P). The papers explored manifold forms, practices, representations, and economic aspects of slavery and unfree labour in pre-modern Nepal.

This volume consists of three parts. In part I, a general introduction into slavery in Nepal is given with a special focus on the nineteenth and twentieth centuries. Part II is a collection of editions and translations of documents and is divided into seven sections. It is comprised of fifty-one documents concerned with donations, transactions and the emancipation of slaves prior to 1924, on the one hand, and others relating to bondservitude, forced or unfree labour, labour within the postal system and the slavery abolition of 1925, on the other. These documents, most of which were microfilmed as part of Nepal-German Manuscript Preservation Project, have been edited and translated by Manik Bajracharya or Axel Michaels over the years within the Research Unit "Documents on the History of Religion and Law of Pre-modern Nepal" of the Heidelberg Academy of Sciences and Humanities. They are also hosted in the database "Documenta Nepalica" (https://nepalica. hadw-bw.de/nepal/editions) of the research unit.

Part III of this volume contains selected articles concerning slavery and unfree labour from the *Ain* of 1854 preceded by an introduction. The *Ain*, being the first legal code of Nepal, is the most crucial and the only comprehensive source that helps us understand the legal aspects of slavery in the nineteenth-century Nepal and the early Śāha and Rāṇā rulers' legislative attempt to regularise slavery. Moreover, it is contemporary to other documents presented in this volume and its inclusion provides the reader with a broader view of historical slavery in Nepal. The articles of the *Ain* included in this volume have been translated by Rajan Khatiwoda, Simon Cubelic and Axel Michaels under whose authorship a complete translation of the *Ain* of 1854 into English has recently been published (Khatiwoda, Cubelic and Michaels 2021).

I would like to express my sincere gratitude to the National Archives of Nepal and Director General Saubhagya Pradhananga for supporting our research. I am grateful to the Heidelberg Academy of Sciences and Humanities for funding the present book. I would like to thank the participants of the 2019 conference for initiating various conversations about the historical practice of slavery in Nepal that led to this volume. Special thanks go to Astrid Zotter and Christof Zotter for their scholarly suggestions. I further appreciate the help of Rabi Acharya, Pabitra Bajracharya, Yogesh Budhathoki and Raju Rimal in preparing the transliterations of several documents in this volume, and Bastian Jantke and Julia Meckl for their help in correcting the references. I am grateful to Douglas Fear, Malcolm Green and Philip Pierce for correcting the English and for valuable suggestions.

Heidelberg, 2022 *Manik Bajracharya*

## I. Introduction<sup>1</sup>

#### *Manik Bajracharya and Axel Michaels*

In hierarchical class and caste societies, the criteria for individual freedom and autonomy are structured differently than in modern societies. In South Asia, for instance, the bondage of women, workers, low caste members or impoverished people is often no less than that of slaves. However, "South Asian forms of bondage remain under-represented in this new historiography" (Major 2012: 19), i.e., in the history of slavery in the world, which is dominated by African and North American or transatlantic slavery studies. South Asian slavery differed from this model and was therefore deemed a soft version (Major 2012: 4–5), and the term even regarded on occasion as "an abuse of language" (A. Amos, Law Commissioner, quoted in Chatterjee 1999: 225). British colonialists saw slavery in South Asia as a not so cruel form of work employment and thus did not really enforce the abolition of slavery. It seems that most historians agreed with the assumption that "real" slavery chiefly happened on the American plantations with black African slaves.<sup>2</sup> To overcome this one-sided view of the history of slavery, it is necessary to consider the specific social and cultural circumstances of slavery in South Asia.<sup>3</sup>

Generally speaking, slavery is regarded as one of the strongest forms of bondage (and one of the prominent causes leading to human rights movements). However, (debt) bondage, work migration, child labour,

2 Cf. Mann (2011), Major (2012) and Molfenter (2013).

3 On the history of slavery and unfree labour in India, see Chatterjee (1999), Chatterjee and Eaton (2006), Molfenter (2013), Mann (2015), and K.M. Shrimali's overview with further references in *Brill's Encyclopedia of Hinduism* (2018). For the writings that shed light on the history of slavery in Nepal see Vajrācārya and Nepāla (VS 2014), Nepālī (VS 2021 and VS 2022), Regmi (1971), Sen (1973), Śreṣṭha (1974), Gṛhasthī (1984), R. Shaha (1990), Maskey (1996), M.R. Pant (1996 and 1997), D.R. Pant (1997), Kölver (1986), Whyte (1998), Höfer (2004), Pradhan (2009), Stiller (2018), Michaels (2018 and 2019) and Pradhānāṅga (VS 2075).

<sup>1</sup> The sections "Life and Work of Slaves and Unfree Labourers", "Economics of Slavery" and "Abolition of Slavery" closely follow Michaels 2018: 200–8.

and enforced prostitution are also forms of bondage, most of which still exist. But slave-like situations are not slavery. What differentiates slavery from these forms of bondage is that slaves are de-socialised, de-personalised, de-civilised, and de-sexualised<sup>4</sup> : they often lose family, caste, home, protection, property, religion, self-confidence and much more. Chattel slavery, in which a slave becomes a property of the owner that can be sold, inherited, pledged or borrowed, and where the owner has almost unrestricted and often violent access to the labour of the slave (see Mann 2015), is not only the oldest, but also the most typical form of slavery. However, Orlando Patterson rightly avoids defining slaves only as a form of "property". Discussing proprietary rights exercised over persons who are not considered to be slaves, he suggests that slaves belong to a subcategory of "human proprietary objects" (Patterson 1982: 21).

In general, a person can be called a slave if he or she is owned and can be sold to someone else. In Art. 1 of the 1926 Slavery Convention, slavery was defined as: "the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised" (United Nations, n.d.), and the slave trade was defined as including: "all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves." (ibid.)

Nepal is in no way different in these characteristics, but happens to be special in certain regards. To put it briefly, slavery there was more familial, connected with questions of purity and hierarchy, and more related to landownership. That said, we must emphasise that slavery in Nepal was no less cruel and humiliating than anywhere else. The abolition of slavery by Candra Śamśera was the right and necessary step. But before we ask how slavery developed in Nepal, we must elaborate on the forms and definitions of slavery in this Himalayan state.

4 See Meillassoux (1991: 99–115) for a more detailed discussion of the social characteristics of slaves.

## **Slavery in Nepal: An Overview**

Some *dharmaśāstras* and Sanskrit treatises provide information on the forms of slavery and slave labour in ancient Indic culture. *Manusmṛti* provides a classification of slaves as being sevenfold:

```
ध््वजाहृतो भक्तदासो गृहजः क्रीतदत्त्रिमौ । पैत्रिको दण््डदासश्च सप्तैे दासयोनयः 
॥८.४१५॥
```
There are seven kinds of slaves: a man captured in war, a man who makes himself a slave to receive food, a slave born in the house, a purchased slave, a slave given as a gift, a hereditary slave, and a man enslaved for punishment.5

*Nāradasmṛti*, a *dharmaśāstra* text widespread in Nepal, expands the typology further:

```
गृहजातस््तथा क्रीतो लब््धधो दायादुपागतः । अनाकालभृतस््तद्वदाधत्तः स््ववामिना च 
यः ॥५.२४॥
मोक्षितो महतश्चर््णणात्प्राप्तो युद्धात््पणेजितः । तवाहमित््ययुपगतः प्रव्रज््ययावसितः 
कृ तः ॥५.२५॥
भक्तदासश्च विज्ञेयस््तथैव वडवाभृतः । विक्रेता चात््मनः शास्त्रे दासाः पञ्चदशा 
स््ममृतः ॥५.२६॥
```
One born into a household, one who was purchased, one who was acquired, one who was inherited, one who was supported in time of famine, one who was pledged by his master, one freed from a large debt, one who was obtained by battle, one who was won in a wager, one who came forward and said, "I am yours," one who gave up world renunciation, a bonded labourer, one who becomes a slave for maintenance, one who takes up with a female slave, and one who sells himself–these are the fifteen slaves mentioned in the texts.6

<sup>5</sup> Quoted from Olivelle (2005: 189, 743). In contrast to this, Kauṭilya's *Arthaśāstra* mentions of these types of slaves and slave labour: one who has become a slave to secure livelihood (*udaradāsa*), one who is pledged (*āhitaka*), one who has sold oneself (*ātmavikrayin*), one who has to work to pay a fine (*daṇḍapraṇīta*), one who is captured in battle (*dhvajāhṛta*), born in the house (*gṛhajāta*), inherited (*dāyāgata*), obtained as gift (*labdha*), or purchased (*krīta*) (cf. Shrimali 2018 and Olivelle 2013).

<sup>6</sup> Quoted from Lariviere (2003: 174, 348).

#### 4 — *Manik Bajracharya and Axel Michaels*

These verses show the different forms of slavery, service and forced labour. A comparable semantics of slavery is also attested to Nepal: *Nyāyavikāsinī*, a fourteenth-century Newari commentary on the *Nāradasmṛti* establishes largely identical forms with regard to the types of slaves.7 Terminology used in Nepali documents distinguishes between "full" slaves (*kamāro/kamārā, kamārī*), domestic servants (*kariyā, cākara, nokara, dāsa, dāsī*), maidservants and attendants (*keṭī*, *keṭo*), bondservants (*bādhā/bā̃dhā, badhetyānī*), persons subjected to forced or unfree labour (*kāmakara, jhārā, beṭha, begāra*), servants working only for food (*bhatuvā*), forced recruits (*gulāma/gulām*)<sup>8</sup> , and servants in temples (*devabhṛtya*, *devadāsa*, *devadāsī*). The exact distinctions between such terms cannot, however, always be described. In the mid-nineteenth century, the Ain-54 systemised the slavery-related terminology which is discussed under the introduction of part III in this volume.

As for the history of slavery in Nepal, epigraphic evidence can be traced back to the seventh-century Licchavi king Narendradeva, an inscription of whom in Bhaktapur mentions assigning slaves to a Vaiṣṇava temple. That said, at present only a few documents concerning slaves and slavery have been found from the Licchavi and Early Malla periods, but many more from the Late Malla and Śāha/Rāṇā periods. Table 1 presents a brief timeline of important events relating to slavery in Nepal.

<sup>7</sup> See D. Panta VS 2065 and Ś. Vajrācārya VS 2044 for editions of the *Nyāyavikāsinī*.

<sup>8</sup> The term *gulām* was also used for persons enslaved during war, as Document 4.1 indicates. On *gulāms* as military slaves in Islamic India, see Jackson (2006: 63–82).

*Table 1:* A Timeline of Slavery and Unfree Labour in Nepal.


9 The inscription uses the terms *devabhṛtya* and *dāsī* to denote male and female servants (cf. D. Vajrācārya VS 2030: 486 and D.R. Pant 1997: 135).


*Table 1 (continued):* A Timeline of Slavery and Unfree Labour in Nepal.

10 The seven villages (*sāta gāũ*) include Banepā, Dhulikhela, Khaḍpu, Caukoṭa, Panauti, Sā̃gā, and Nālā.


*Table 1 (continued):* A Timeline of Slavery and Unfree Labour in Nepal.

#### **Causes of Enslavement**

Several factors could lead a person into slavery in pre-modern Nepal. Original enslavement mainly arose from five causes: the caste system or belonging to an Enslavable caste, being born of slave parents, punishment, impoverishment, and capture in war or rebellion. A growing enforcement of caste hierarchy caused a certain class of people to fall into the lowest strata of society and underprivileged legal positions. The *Ain* of 1854 (hereafter called *Ain* or Ain-54) placed a vast number of communities into the legal status of Enslavable castes (*māsinyā jāta*). These people of low caste status were subjected to enslavement as a punishment for criminal offences, such as rape, infanticide, and theft, for contaminating persons of upper-caste status, or for having sexual intercourse with upper-caste women. This punishment was severe, corresponding approximately to capital punishment, and indeed sometimes explicitly imposed as a substitute when capital punishment was ruled out. The offering of alcohol or cooked rice to a person of uppercaste status could lead to enslavement (whereas the consumption of alcohol would lead a person of upper-caste status to caste degradation). Thus, it is stated in the *Ain*:

If someone makes a Sacred Thread-wearing caste member consume an alcoholic drink, knowing that he is from such a caste, his share of property shall be confiscated and he shall be enslaved. If he does so unwittingly, having been deceived into letting [the other] consume [the drink], [that is,] if the Sacred Thread-wearing caste member has lied about his caste status [in order to] consume it, the one who let him consume shall not be held accountable. The one who consumed shall be degraded into an Alcohol-drinking Śūdra caste. (Ain-54 § 31.9)

Persons could also be born as slaves by being the offspring of slave parents. Legislative attempts were made, however, to limit the age at which a person could be enslaved, or when a slave child could be transferred to another master. Art. 83 of the *Ain* deals with such a question of how to deal with minors or children born of slaves. It prohibits separating the children of a slave from their mother if they are under eleven years of age. However, we find several pieces of documentary evidence that show that children were still sold (Documents 2.3, 2.4, 2.6), distributed in property partitions (Document 2.4), and pledged (Documents 3.2, 3.3, 3.5). The *Ain* also established a minimum age for bondservitude: "The persons who offer or accept [children] below the age of 16 years as bondservants shall be fined 10 rupees each." (Ain-54 § 82.12) It is interesting to note that all of the documents mentioned above except Document 3.3 are dated after the promulgation of the *Ain*. It may thus be assumed that the rule declared in the *Ain* was not easily enacted outside of the central administrative region because these documents, with the exception of Documents 3.2 and 3.3, were issued outside of the Kathmandu Valley. The *Ain* nevertheless sets down the values of child slaves in case of legal disputes (see Table 2).

Impoverishment and dire circumstances are universal causes of indebtedness and eventually slavery. Defaulting on debt payments


*Table 2:* Prices of Slaves According to the *Ain* of 1854 (Ain-54 § 82.4).

led a person into debt bondage, as defined in the 1956 Supplementary Convention on Slavery:

… the status or condition arising from a pledge by a debtor of his personal services or those of a person under his control as security for debt, if the value of those services as reasonably assessed is not applied towards the liquidation of the debt or the length and nature of those services are not respectively limited and defined. (quoted in Bales 2005: 59)

In most cases, the peasants of pre-modern Nepal did not own any property they could pledge, and could only pay off their debts through bonded labour or slavery. The *Ain* of 1854 tried to prevent turning a bondservant into a slave, but it still allowed such transition for the persons who entered into bondservitude before 1857 (Ain-54 § 82.1). The majority of the Nepali population, especially in rural Nepal, depended for their livelihood on rented lands for farming. Traditionally, the crop yield was shared equally between the tenant and the state or landlord under a system called *adhiyā*. At the beginning of the nineteenth century, a new system called *kuta* was introduced, in which lands were assigned on a contract basis.<sup>11</sup> This caused the tenants to sink into debt, either because they had to in order to obtain a contract for better lands,

<sup>11</sup> See Regmi (1971: 86–89) and Stiller (2018: 60–65) on the *kuta* system and its implication for increasing bondage.

or in the case that their crops failed. Thus, although the *kuta* system was supposed to bring advancement and dynamism into the agricultural economy, it failed to consider the economic security of the tenants, which led to growing debt and bondage.

There were also cases of voluntary enslavement, usually resulting from extreme poverty. Document 4.9 is a typical example of a person selling herself out of desperation. In the document, Kārto, the slaveto-be, admits:

With the famine that occurred this year in the village, all [those] people died through a lack of food. Since there are no supplies in our house, we too are about to die of hunger. I will be the donor of my own body and will stay in your house as a slave for the rest of my life. (Document 4.9)

We already find people offering themselves up to slavery in earlier documents,<sup>12</sup> and it also conforms to one of the slave categories, *ātmano vikretā*<sup>13</sup>, mentioned by Nārada, and on a palm-leaf roll from 1051 (NS 172):

After Varmmaṇa […] as debtor [?] of the interest that [consists] of his own body has been declared to be in a state of bondage (*bandhakatva*) for a period of five years, (he shall receive) the gold. […] The interest per year for [his] enjoyment (i.e., his pay) [a certain quantity of] […] oil. (Translated from Kölver 1986: 436)

Even though bondservitude and slavery were theoretically different, both were forms of extreme unfreedom and dependence. Bondservitude must be considered temporary slavery, yet in reality it often amounted to life-long enslavement, because the circumstances were such that a bondservant could hardly repay his debts. Ludwig F. Stiller has rightly remarked that:

<sup>12</sup> See for example, the deeds edited by Mahesh Raj Pant (1996, 1997).

<sup>13</sup> See Lariviere (2003: 174).

The very acceptability of bondage as a temporary solution to [economic] inequities suggested even further unfortunate consequences. The step from bondage to real slavery is very short, and this step, too, was taken with increasing frequency in early nineteenth-century Nepal. (Stiller 2018: 66)

Thus, the pledging of human lives in cases of debt was common in pre-modern Nepal. A debtor could pledge himself (Document 3.5) or his son (Documents 3.2 and 3.4) or a slave (Documents 3.1 and 3.6) or a house servant (Document 3.3). Documents 3.4 and 3.5 present a typical example of the miserable circumstances of a bondservant. Kamāne Bhoṭe, pledged as a bondservant by his own father in the year 1900, ran away from the house of the creditor. He was eventually captured after two and a half years and a heavy compensation was added to the original debt amount, and thus he had to agree to (re)assign himself as a bondservant:

[For this money,] I agree to remain, according to the rule, a bondservant in the house of the creditor. From now on I will remain throughout [all] eight *praharas* (i.e., around the clock) in the house of the creditor and work [for him]. (Document 3.5)

Kamāne Bhoṭe was seemingly in a position with no way out, and it may be assumed that he remained a bondservant for the rest of his life. As Regmi (1971: 118) states, a bondservant could hardly exercise his right to free himself on payment of the loan, because he was seldom in a position to work for his own economic ends.

In other cases, people were enslaved as prisoners of war or rebels. Document 4.1 (DNA\_0012\_0065) presents an example of a family from Patan enslaved by King Pṛthvīnārāyaṇa during his conquest of the Kathmandu Valley.<sup>14</sup> We also know from a royal order of 1793 that some people in Jumla were enslaved when they rebelled against Ranjit Kãvara (M. Pant 2002: 84–86). Further study is required to discover more instances of enslavement in war and to understand what uses the enslaved were put to.

<sup>14</sup> For other documents regarding enslavement in wars, see Vajrācārya and Nepāla (VS 2014: 27), N. Panta et al. (VS 2025: 1038–40) and D.R. Pant (1997: 13).

People could also be donated as slaves to temples (Documents 1.1–1.3).15 In these cases, the girls or women had to work for the temples. Sexual obligations, such as work as temple prostitutes, as reported from India, cannot be proven for Nepal. However, in Document 1.2, the donor of two slave girls to Paśupati temple declares that the priest should have no authority over the girls, which might be taken to indicate that exploitation did exist.

With the regulation of legitimate and illegitimate enslavement (see for example, Ain-54 Art. 81 and 84), the state guaranteed the legal security of slave owners and of slaves. It laid down punishments for the officials of various magistracies and district offices if and when they illegally permitted enslavement. It was prohibited for anyone to manipulate caste status in order to facilitate enslavement. Nevertheless, the distinction alone between Enslavable and Non-enslavable castes in the caste hierarchy given in the *Ain* served as an instrument of repression and exploitation of the peasantry and lower castes.

#### **Formalities and Procedures of Enslavement**

Enslavement entailed certain formalities and rituals. According to the *Ain* and documentary evidence, a person entered into slavery after having his/her head anointed with oil (*tela ṭhokī gālnu*, Ain-54 § 82.1, *kapālamā tela ṭhokī,* Document 4.8) by the master, and it was required that the enslaved had to sign a deed of agreement or relinquishment (*rājīnāmā*, Document 4.8). In the case of a bondservant, a man could only be bonded when he was above the age of sixteen and had signed a deed of agreement (Ain-54 §§ 81.4, 82.13). However, such a *rājīnāmā* deed by a slave or a bondservant has not been found yet, and it can only be assumed that they were rarely drawn up in practice. Usually in the loan agreements, the debtor, not the bonded, gave his agreement to the local authorities in written form, as for instance, "For this money, I have handed over Kamāne Bhoṭe, the eldest son of my youngest wife, as a bondservant" (Documents 3.4). Apparently, an objection by the one who was to be enslaved was possible: "In case this slave says: 'I am not to be sold. I am a free person (*ajāputra*),' I shall prove [him wrong]" (Document 2.4).

<sup>15</sup> It cannot clearly be determined from these documents whether the persons were slaves already before they were donated or their enslavement was the result of donations.

In cases where ownership of a slave was transferred, a *paramabhaṭṭā* deed formalising the transference had to be issued by the former owner (Documents 2.3–2.10). These *paramabhaṭṭās* followed a certain formality. The diplomatics involved in such transaction deeds, based on the documents prepared in the early twentieth century, were as follows:

— Invocation in the upper margin, usually the syllable "*śrī* "

	- o Name and address of the seller
	- o Name and age of the slave; the slave's caste is not mentioned
	- o Reason for selling (occurs occasionally)
	- o Name and address of the purchaser
	- o Price of the slave
	- o Declaration of physical intactness of the slave; epilepsy and leprosy are usually mentioned
	- o Declaration that the slave is not pledged elsewhere
	- o Declaration to return the money in case of fraud; the *Ain* is usually referred to here
	- o Declaration that the deed has been written willingly, without any force
	- o Declaration that the witnesses are valid
	- o Name of the scribe and the place where the deed has been signed
	- o The date with chronological details: year, month, fortnight, solar/lunar day and weekday

Similarly, the diplomatics of the deeds of debt bondage written in the nineteenth and twentieth centuries can be presented as (based on Documents 3.1 to 3.6):

	- o The date with chronological details: year, month, fortnight, solar/lunar day and weekday<sup>16</sup>

#### **Life and Work of Slaves and Unfree Labourers**

One can distinguish between three forms of unfree labour in pre-modern Nepal: agricultural and household work in slavery; bondservitude in private households; and state-enforced work, expressed in forced labour, such as *jhārā*, *beṭha* and *begāra*, and *hulāka* (postal service) systems. Corresponding to this, there were several types of slave owner: members of the royal family, aristocrats or rich masters who bought or inherited slaves, agriculturists who kept slaves for working the fields, traders who reared slaves for trade and profit, and government officials (*amālīs*) who, according to the *Ain*, could own certain kinds of slaves.

In all cases, slaves had to work around the clock, "should be present at all eight *praharas*" (= 24 hours, Documents 3.5 and 4.5), cultivate the land, till fields, cut wood and grass, feed and herd animals, collect water or firewood, wash clothes, and carry loads. They were subject to commercial transactions at any time, and were placed on a par with four-footed animals (Ain-54 § 81.1 and 81.2)

The fate of the slaves was full of humiliations. Sexual abuse and violence against them were common. The accommodation and care provided to them by the masters were of the minimum. The extremes of humiliation experienced by slaves can be seen from a section in the *Ain*:

If a master has put human excrement into the mouth of his male or female slave, the master shall not be entitled to get such a slave back. An *adālata, ṭhānā* or *amāla* office shall emancipate such a slave and set him or her free after taking 10 rupees from him or her. (…) If [the master] has put human excrement on other body parts except the mouth, he shall not be accused and held accountable. (Ain-54 § 60.4)

In contrast to this, a few of the slaves and servants owned by the palace and the families of the ruling class could attain a relatively favourable status, sometimes even honour and power. One such example is the Khavāsa.17 Some Khavāsas rose to positions of remarkable power during the early Śāha and Rāṇā epochs.<sup>18</sup> Similarly, some freed slaves were even allowed to wear the sacred thread (*janai*) and be integrated into the twice-born caste (Document 4.3).

A major portion of the slave population in Nepal was engaged in domestic services or in farming for households. They were counted as family property that could be sold, inherited or given away. However, regardless of being commodified, the slaves were closely tied to the household and considered a part of it. An exceptional familial situation for a slave is expressed in Candra Śamśera's abolition speech: "there are households where but for certain limitations, the distinction between master and slave is practically abolished" (Candra Śamśera 1925: 9). One such example of a slave's relation to the household kinship and ritual can be found in Ain-54 § 97.30 which prescribes that upon the death of his master, a slave should observe the full impurity period, just like the close kin. The *Ain* mandates that slaves were fed

<sup>17</sup> See the detailed discussion on Khavāsas under the introduction of part III in this volume.

<sup>18</sup> See Regmi 1987: 166–72 for a list of successful people from the Khavāsa community.

and cared for by their masters, also when they fell sick or became old and were no longer able to work. It tried to ensure that the master guaranteed the health and security of the slaves:

If a master removes a male or female slave or a male or female bondservant who has fallen sick from his house, takes them to a [burning] *ghāṭa*, wayside public shelter or crossroads, and abandons them there without leaving them in anyone's care, and they survive and recover, the master shall not be allowed to recapture them. They shall become free. (Ain-54 § 85.1)

It also guaranteed a higher social status for female slaves who bore children from the masters, and assured that such children became free persons:

If [a master] has kept an unmarried slave girl of his own household [as a wife], and if he has had offspring born [of her], he shall not be permitted to sell the slave. If he sells, the seller shall be made to return the original amount to the buyer. The slave becomes a freed person. (Ain-54 § 129.2)

If a slave woman—after she has started living with her master as his wife—does not run off with another person, the offspring born [to her] from his semen—irrespective of who they are—shall not be considered slaves. They shall not be sold. (…) The offspring shall, in accordance with the *Ain*, be provided with their share of property. (Ain-54 § 129.8)

Due to the closeness of the servants to their master and his family, most of whom were of upper castes,19 and in order to protect the purity of the household, in some cases domestic slaves could only come from certain castes, which ruled out untouchable castes (see Caplan 1980: 178). Francis Hamilton (1819: 234) reports that slaves of high Rajput families could come from the Brahmin caste and were not degraded by being called *keṭā*, a term generally used to denote male

<sup>19</sup> Document 5.3 supports the high-caste origin of slave owners: out of 99 slave owners, 44 were Brahmins and 33 Kṣatriyas or Chetrīs.

slaves.20 The household slaves were sometimes superior to the people of a free but untouchable caste in terms of socio-economic status.

In most of the case, however, slavery meant social death and is not just some form of work system. The slaves lost their caste names, they were alienated from their families and often their hometowns, they lost their ritual status, and became the "children" of their master. They were not allowed to freely integrate the ritual worship of their ancestors into their lives. But the dramatic aspect was not so much the loss of freedom, but rather the loss of kinship. Even when a slave's father died, his children did not inherit his entire property, but only a part of it to cover the costs of the funeral:

If a [slave] father lives at his owner's house, but his sons and daughters have gone somewhere else, having been either sold or given away as a gift or dowry, and if the father dies at the house of his owner, the sons and daughters who have been sold or given away as a gift or dowry shall not receive their father's property, for which there is no [legally recognized] son as heir. The sons and daughters who were sold or given away as a dowry shall carry out the funeral rites from their father's and mother's wealth. From whatever remains, 10 rupees per 100 shall be given to the sons and daughters who perform the funeral rites, and the owner shall enjoy the rest; the owner shall receive it. (Ain-54 § 28.11)

A *lālamohara* from King Raṇa Bahādura Śāha informing Dalamardana Śāha and others of his father's death and the *satī* of eight slave girls (Document 1.4) proves that slaves were regarded as property even beyond death.

Although slavery in Nepal might be considered unique and "soft" in nature, it was no different to slavery anywhere else, for slaves were freely bought and sold as human chattels, alienated from their natal kin or place, and were absolutely dependent on their masters. Moreover, a person's enslavement not only affected the individual, but also consequent generations, even after they had been freed.

<sup>20</sup> According to the regulations of 1803, the enslavement of Brahmins was prohibited (Regmi 1971: 121). The slave Brahmins reported by Hamilton may have been enslaved before the enforcement of that regulation.

#### **Unfree Labour:** *Jhārā* **and** *Hulāka*

Every adult male, except those exempted by royal order, was subjected to forced or unpaid labour by the state (Regmi 1971: 103). Apart from the government, such compulsory and unpaid labour was also exacted in different forms by land holders (*birtāvāla*) and government employees (*jāgiradāra*). The most common forms of such labour were *jhārā*, *beṭha* (or *beṭhi*) and *begāra*. The distinguishing features of these forms of labour are, however, vague. *Jhārā* is the term most widely used to denote unpaid or forced labour in general. *Beṭha* appears to derive from the Sanskrit term *viṣṭi*, meaning compulsory work. *Begāra*, for its part, comes from a Persian term meaning a forced labourer subjected to either individual or public service (Wilson 1855, s.v. *begar*). Rishikesh Shah identifies *beṭha* and *begāra* as two forms of *jhārā*, *beṭha* being unpaid labour for farms, and *begāra* being labour for such purposes as porterage, construction and digging (R. Shaha 1990/I: 207). M.C. Regmi, however, defines the terms differently: *jhārā* as the requisition of labour from each family for public purposes, *beṭha* as the exaction of unpaid labour on a customary basis, and *begāra* as the requisition of labour for emergencies (Regmi 1965: 53).<sup>21</sup>

There is another term, *baikara*, that often occurs together with *jhārā*, *beṭha* and *begāra* in the documents. It is not, however, a form of labour *per se*, but an obligation under which the residents had to supply provisions to the state officials for free. Moreover, it seems that in some places *jhārā* could also be exacted in cash as an annual levy (see Document 7.4).

The Documents 7.4 and 7.5 demonstrate that the *jhārā* labourers were unpaid and their labour could be exacted either by request (*guhāra*) or by force (*dapko*). The labourers not only had to work under unfavourable conditions, they sometimes had to remain away from home for several months, and even bring their own supplies and tools. Beatings and punishment were common if people did not work according to expectations. A document from 1805 records porters having their noses cut as punishment of failing to carry military supplies (RRS 5.4: 77).

Documentary evidence shows that early Śāha rulers used the *jhārā* system for forced recruitment during wars. Rishikesh Shah emphasizes that the Śāha king's campaign of expansion by war was largely

<sup>21</sup> For the system of *beṭha* and *begāra* in Himachal Pradesh of India, see Negi (1995).

conducted by forced recruitment (R. Shaha 1990/I: 207). One piece of documentary evidence of forced recruitment tells us of King Pṛthvīnārāyaṇa, who ordered *jhārā* recruits to attack Makwanpur against the forces of Mir Qasim (N. Panta et al. VS 2025: 986). Similarly, a document from 1814 mentions the state's recruitment of the people in the area between Bheri and Marsyangdi as *jhārā* for a military operation led by Amara Siṃ Thāpā (see RRC 41.568: 555–56).

Despite its strong presence throughout the Śāha and Rāṇā periods, the topic of forced labour is only sparsely dealt with in the *Ain*. In a mere four paragraphs, Art. 11 of the *Ain* stipulates that a landlord is not allowed to exact forced labour from his tenants without a legal contract and without making a payment, and that a government official should not employ such labourers for private purposes and outside of his jurisdiction, and only for state-managed activities.

Compulsory labour was also the basis for the growth and efficient functioning of the *hulāka* system (see Documents 7.1–7.3, 7.6) throughout the early Śāha and Rāṇā periods. This system consisted of relays of porters along designated routes who carried mail and supplies for the palace, the government and the military. The porters were of two kinds, namely *kāgatyā hulākīs* and *thāpalyā hulākīs*. *Kāgatyā hulākīs* were assigned to transport mail, and *thāpalyā hulākīs* to transport goods. Unlike other *jhārā* labourers, the *hulākī* porters stood in a relatively privileged position. They were provided with some *jāgira* lands and exempted from certain levies. However, exploitation of these porters' labour by government officials and wayfarers was so common that the rulers had to issue directives at various times forbidding such abuse. At places, the exploitation was so harsh that some villages along routes were desolated. Documents 7.1–7.3, 7.6 show the state's efforts to prevent such exploitation of the *hulākī* porters.

The system of unpaid and forced *jhārā* provided the government with much-needed manpower for porterage, construction and other services. With this system, the government ensured that it never ran out of free or cheap labour. M.C. Regmi opines that, due to the availability of *jhārā* labour, slaves were not utilized at the governmental level:

The system of compulsory and unpaid labor made it possible for the government to meet its need for porterage and other services without spending money... This explains why slavery, although a recognized institution during this period, was not utilized at the governmental level. (Regmi 1971: 117)

Be that as it may, given the harsh circumstances, lack of freedom and use of force, the *jhārā* and *hulāka* services can be seen as akin to slavery.

#### **Economics of Slavery**

The main advantage of enslavement for slave-holders was cheap labour, required mostly in an agricultural society based on a landowning system that brought debt and impoverishment to peasants. Brahmins and other upper caste members became not only landowners, but also money-lenders. For most of the poor tenants belonging to the Enslavable castes, there was hardly any way out from being enslaved or becoming bondservants. The alternative was to run away, resulting in mass migrations to northern India, Darjeeling, Sikkim and Bhutan. The statistics for 1870 from Darjeeling alone speak volumes: there were 32,350 Nepalis, 32,080 of whom belonged to the *matuvālīs* ("alcohol-drinking castes") and untouchables (Pradhan 2009: 211–12). This situation had a considerable impact on the state economy.

Regardless of the cause of original enslavement, the slaves in Nepal were transferred from owner to owner mainly through inheritance, pledging, gifting, and purchasing, as can be seen from Documents 1.1– 1.3, 2.1–2.10, 3.1, 3.3 and 3.6. A faulty transaction over a slave sometimes became the cause of family conflict. Document 2.1, for instance, concerns conflicts that arise from selling a slave without consulting one's brothers. The *Ain* has a section to regulate such a conflict:

If one of the brothers who are living together in the same household sells a male or female slave or a quadruped or the like without consulting the other brothers, and the other brothers make a complaint that he is not allowed to sell their share, [the sale] shall be valid if he has sold [the property] in order to support the family, or if he has sold only that much of the inheritance which would have fallen under his share. If he has sold more than his share without consulting his brothers, and if it was not sold for the support of the family members of the household, […] the seller shall be made to return the purchase sum to the buyer, and the commodity shall be returned to the brothers. (Ain-54 § 81.1)

Apart from being sold, inherited and gifted, slaves also changed hands as pledges (see Documents 3.1. 3.3, and 3.6). A slave's ownership could be transferred permanently to the creditor in the case of default. A loan agreement of 1919 states:

[I,] the debtor, Lāl Bāhādura Khatrī Chetrī by name, resident of Raspura Village, have received 142 current silver *mohararupaiyās* from the creditor Vīra Bāhādura Khatrī Chetrī, resident of the same village. I have borrowed this money to repay Hirā Siṃ Thāpā. […] I solemnly promise to return the same amount [of money] as borrowed on the 12th of the month of Jyeṣṭha in the coming year [VS 19]77. If this promise is broken, [Vīra Bāhādura] shall take in his ownership, on that same date, the pledged male slave Rave, […] considering this deed as valid [in] itself, without [any need] for a separate *paramabhaṭṭā* to be written. (Document 3.6)

Nepal presumably did not have an open slave market where one could sell or buy slaves. The market was partly controlled by the state. The state, through the *Ain*, fixed the price of slaves in cases of dispute. It also tried to keep track of slave transactions by making it mandatory for the seller of a slave to sign a sales deed and that an official should stand witness to the deed (see Ain-54 Art. 81).

The inter-state slave trade was especially strong in the Tarai and the west of Nepal, extending into Garhwal, where estimates arrived at some 200,000 slaves sold on to India during the Gorkhali occupation that lasted a decade.22 A contemporary observer writing in 1808 described this market as follows:

Many hundreds of these poor wretches, of both sexes, from three to thirty years of age, are annually disposed of in the way of traffic. These slaves are brought down from all parts of the interior of the hills and sold at … from ten to one hundred and fifty rupees each. (Atkinson 1974: 620)

According to Lionel Caplan, "there was, until the beginning of the nineteenth century, a flourishing trade in the export of slaves to both India and Tibet" (Caplan 1980: 172). Slaves were bought in Bihar and the North-Western Provinces for 4–5 rupees and sold in Nepal for 30–40 each (Sen 1973: 161). During the 1866–67 famine in Champaran and

<sup>22</sup> On slavery in Garhwal, see Atkinson (1974: 620), Pradhan (2009: 195), and Regmi (1971: 120).

other districts, parents sold their children to Nepal. Jaṅga Bahādura Rāṇā did not prevent this, but later ordered the slaves' release (Sen 1973: 161f.). They were taken to the British Residency and then returned to India. The first batch consisted of 450 slaves, but many other slaves went undetected and were kept hidden.

The sale of slaves and the modalities of payment were precisely listed in the *Ain*. Thus, in cases of dispute, the price for a male slave aged between twelve and forty years was set at 100 rupees, and that for a female slave at 120 rupees (see Table 2).

Foreign travellers' accounts provide some light on the trends in slave prices in the nineteenth-century Nepal. Francis Hamilton (1819: 235) mentions the price of a male slave in the early nineteenth century as 15 rupees and of a female as 20 rupees. A. Campbell reports the following prices from the Kathmandu Bazaar in 1836: "Full grown male slaves Rs. 80 each. Full grown female slaves Rs. 100 each. Boy slaves Rs. 40 each. Girl slaves Rs. 50 each" (Campbell 1837: 90, quoted from Sen 1973: 160 fn. 8). Daniel Wright (1877: 45) mentions prices similar to the *Ain*, but adds that later in the century the price of a female slave was raised to Rs. 150–200, one and a half times to twice that of a male.

The price of slaves as mentioned in the documents (Table 3) shows how it changed during the nineteenth and early twentieth century. Slaves were sold at considerably higher prices just before the abolition in 1924. The prices on the market and the standardized prices of the *Ain*  diverged significantly. The higher market prices suggest that the state did not control private transactions and that standardized prices were applicable in cases of litigation and the government's handling of financial affairs relating to slaves. Thus, in the documents of 1898 issued by Deva Śamśera (Documents 4.10 and 4.11) the following prices are given: female slave, aged 21, price: 120 rupees; male slave, aged 45, price: 45 rupees; female slave, aged 42, price: 60 rupees; male slave, aged 8, price: 41 rupees and 1 *sukā*; male slave, aged 12, price: 41 rupees and 1 *sukā*; and female slave, aged 2, price: 25 rupees. Document 4.10 specifically mentions that these prices are in accordance with the *Ain*: "[we issue here an order that] the total price of the listed 7 slaves—452 *mohararupaiyās* 2 *sukās* according to [Section] 16 of the [Article on] Enslaved castes (*jyū māsiyākā jātakā*) in the *Ain*." The prices remained unchanged in the amended *Ain* of 1870 (see Ain-70: 224).

Apart from fixing the price of a slave in litigation, the state, through the *Ain*, regulated the value of the daily labour (*nimeka*) of a slave or bondservant, and the cost per day of food for him or her in cases when


*Table 3:* Prices of Slaves in Documents between 1806–1923.

the master had to be compensated (Ain-54 § 80.9–10): one *ānā* (1/16 rupee) as the value of labour, and one *ānā* for the food.

When the value of labour of a male or female slave or bondservant has to be compensated, from 2 ānās for one [slave or bondservant] for 1 day, 1 ānā is counted for food. (…) If [the slave or bondservant] dies after he was aided to escape and taken away, and before he is returned to his master's responsibility, [the culprit] shall be made to pay [the master] compensation for the value of labour until the day of [the slave's or bondservant's] death, together with an amount equal to the sales price or credit sum, respectively. (Ain-54 § 80.10)

Document 3.5 issued in 1906 gives a typical example of how this rule was enacted in a case of a runaway bondservant, Kamāne Bhoṭe, who had to state in the bond:

I agree that [an amount of] 34 *mohararupaiyās* and 80 *paisās* be added to the principal, as calculated according to the *Ain*, at the rate of 4 *paisās* per day as compensation for loss caused to the creditor's work for [a period of] 2 years and 5 months. (Document 3.5)

The typical value of labour of a slave or bondservant in the nineteenth century can thus be calculated as approx. 2 rupees (*mohararupaiyā*) per month and 23 rupees per year, a rupee being equivalent to 64 *paisās*.

From an economic point of view, the use of slavery was doubtful at best. The state had in any case easy access to labour by means of *jhārā*, and this avoided the need to care for the serfs all their lives. However, these profits could not compensate for the great damage done. An economically damaging result of employing peasants on forced labour was reduced crop yields.<sup>23</sup> Overall, slavery in the nineteenth century was more likely to contribute to a stagnant economy. In private households belonging to rich landlords and nobles, slaves or servants were not necessarily kept for profit, but to build or maintain social prestige. The number of servants in a household symbolised its reputation.

Unfree labour and impoverishment in parts of Nepal led farmers to leave their country to start a new life elsewhere in Nepal or abroad. These people were the first migrant workers. Nepalis already formed

<sup>23</sup> See Regmi (1971: 109–12) for a discussion on adverse impact of forced and unpaid labour on the social and economic life of the peasantry.

a major population in Darjeeling in 1872 (see Pradhan 2009: 211–12), and in Sikkim by the end of the nineteenth century, and also in southern Bhutan, not to mention the countless Nepalese workers in India or the Gorkha soldiers recruited in the First and Second World Wars. These migrants worked as guards, as mercenaries or watchmen, as farm labourers, as tea pickers, in coal mines, as domestic helps, or even as prostitutes.

It is well known that the problem of such migrant workers has widened and become a modern form of "slavery", even though not in a strict sense. It is estimated that 4 to 5 million Nepalis now work abroad, about half of them in India, the rest in Gulf states, Malaysia, and some other East Asian countries. About two million or 7.4 percent of the population worked as migrant workers abroad, according to the population census of 2011 (see M. Shrestha 2017: 28). By now, every third household has one member working abroad. The foreign exchange earned through labour migration has become Nepal's biggest source of income alongside tourism. In 2018/19, migrant workers contributed almost 26 percent of the gross domestic product with their remittances. It may no longer be slavery in any official sense, but the tense situation on the labour market, the impoverishment of the peasantry, and the fact that many people in Nepal cannot live from what they earn through their work have remained.

#### **Emancipation of Slaves**

Nepali Documents use various terms to denote the emancipation or the freed state of a slave, such as *amalekha* (Documents 4.10, 4.11 5.2–5.4, and various articles of the *Ain*), *akariyā* (Ain-54 §§ 86.7, 129.8), *pāra* (Documents 4.2, 4.3, 4.4, 4.7 and 4.9), *pāraparchinā* (Document 4.8), *jiupāra* (Document 4.8) or *jiyapāra* (Document 4.6), *hāḍapāra* (Document 4.6 and Ain-54 § 82.16), and *kāma(kara)pāra* (Document 4.6 and Ain-54 § 82.16). These terms indicate different forms and stages of emancipation. However, exact distinctions between these terms are hard to determine.

*Amalekha* is the generic term used in pre-modern Nepal to refer to the manumission of both slaves and bondservants. Another widely used term is *pāra* (free, release), and *pārapatra* for an emancipation deed. A slave, however, could be freed to different degrees. The *Ain* states that a slave could be freed from enslavement, but may still not be freed from servitude (Ain-54 § 82.16). The *Ain* and various documents use the term *hāḍapāra* for such a conditional emancipation. The term *hāḍa* ("bone") has the connotation of blood kinship (*hāḍanātā*). Thus, *hāḍapāra* may be understood as an act of disassociating a slave from his enslavable status. Furthermore, Document 4.9 mentions "purifying the bones" (*hāḍa cokho garāī*), while Document 4.8 writes of "purifying the caste" (*jātabhāta śuddha garnu*) of a slave, both intending to remove a slave from the status of enslavable. When a slave is additionally freed of his obligations to serve the master, he is designated as being *kāmapāra* ("released from labour"). Another term, *jiu-/jyūpāra* is also used in the documents. The *Ain* and the contemporary legal documents used the term *jyū* ("body") to designate slaves and bondservants in depersonalized and commodified terms. Hence, *jyūpāra* may be understood as the de-commodification of a slave and recognition (again) of him as a person.

According to the *Ain*, a slave could be emancipated in multiple ways: by being freed by the master's own will, by being taken by the master as a concubine (in the case of a slave woman), by being freed by court order because of the master's atrocities, when a master fails to provide care for a sick slave, and by fleeing to certain parts of the country. There are plenty of examples of rulers, as well as lay people, freeing their slaves (Documents 4.1–4.11). These examples of emancipation include liberation by the lay slave owners either during their lifetimes or posthumously, sporadic acts of pardon by kings and prime ministers, and manumission by the state. Some liberated their slaves at religious sites as a pious act. Documents 4.2 and 4.4 record such liberations carried out at Paśupati. As a ritual of freeing, the slave placed a traditional porter's basket (*ḍoko*) on his or her back, securing it with a strap (*nāmlo*) across his or her forehead. As soon as the master had cut the strap through, the slave was free (see Document 4.4 and Maskey 1996: 34). It might also be interesting to mention a manner of freeing a slave in medieval times: the master took a jar filled with water from the shoulders of his slave and smashed it (see Malla 2000, s.v. *dharhapvaṃ*). A similar emancipation ritual can be found in the *Nāradasmṛti* (see Lariviere 2003: 175, 351).

Document 4.7 is an example of how slaves were sometimes freed for being loyal to the rulers, in this case when they informed the ruling Rāṇās of their owner's traitorous contact with rebel Rāṇās.

Some documents, dating to 1822–1836, show how, area by area, starting from Myagdi, Magars obtained royal permission to be nonenslavable (Lecomte-Tilouine 2009: 297, DNA\_0014\_0028). Such legal attempts to prohibit slavery, however, were limited only to certain occasions, regions or groups. There were, for instance, mass liberations on the occasion of the coronations of Deva Śamśera and Candra Śamśera. King Rājendra Śāha even issued one such order banning the people of the entire country from selling their offspring (D. Panta VS 2026: 253), but his weak position meant that the order could not be imposed. Jaṅga Bahādura Rāṇā likewise decided to liberate all the slaves who had fled to India for more than a year and who then had returned to the Tarai provinces of Morang and Surkhet (Ain-54 § 2.64).

D.R. Pant (1997: 137–39) considers a number of documents relating to the subject of slavery. One of the documents, issued in 1768 by Pṛthvīnārāyaṇa Śāha, mentions that the king freed a certain Dhanadatta Nevāra of Lubhu, who had earlier been seized by him.24 A report from 1852 found at the National Archives of Nepal lists a total of 947 slaves from the far west of Nepal freed in that year.25 Of these, 88 were the children of free persons. The rest, some 859 persons, most probably all female, were freed because of their marital relations with free persons.

Many such manumission documents can be found from the period of the later Śāha rulers and throughout the Rāṇā period. Perhaps the most notable such ruler is Deva Śamśera, who, during his very short rule, ventured some measures to weaken slavery. He ruled as the prime minister of Nepal for only 114 days, from 5 March to 27 June 1901, and during this time, he made some attempts to abolish slavery, emancipating a total of 767 slaves alone during his enthronement ceremony.26 Afterwards he attempted to emancipate all female slaves in Kaski and Lamjung, districts over which he had direct authority. As Perceval Landon mentions, he also planned to emancipate slaves in Kathmandu (Landon 1928/II: 81). Given opposition of the slave owners, however, he did not succeed in either of these undertakings. He nevertheless did manage to issue an order on the 10th day of the dark fortnight of Āṣāḍha in VS 1958, banning the buying, selling, pledging as security and donating of slaves (Nepālī VS 2021: 16–17).

<sup>24</sup> For the edition and analysis of this particular document, see Vajrācārya and Nepāla (VS 2014: 27) and N. Panta et al. (VS 2025: 1038–40).

<sup>25</sup> Pradhānāṅga (VS 2075: 112–13) provides a list containing the number of freed slaves in different districts of the far west.

<sup>26</sup> The slaves emancipated during the ceremony are listed in Ḍaṅgola, Rājavaṃśī, and Vajrācārya (VS 2041: 115–20).

Mass liberations were first enacted on 13 April 1925, when Prime Minister Candra Śamśera issued the legal prohibition on slavery through an amendment to the *Ain*. From then on, trading in slaves was punishable by seven years in prison. For these liberated slaves (*amalekha*, *ghartī*), Candra Śamśera assigned a village named Bhikṣākhorī, and renamed it as Amlekhgunj ("the place of liberated slaves") on 15 June 1929.27 This place, lying in the jungle in the Tarai, had been the end station of the Indian railway since 1927, and the liberated slaves received land there to cultivate for themselves. Although this sounded good and Candra Śamśera was praised for his act, the reality was apparently different for the resettled slaves. They were probably needed there to cut timber for Indian railway sleepers. However, the resettlement programme was a failure because no more than an estimated sixty households were founded, probably because the place was in the middle of a malaria district, but above all because the *ghartīs* were not recognised socially there. In general, liberated slaves had to face great difficulty in forming a community or a caste, find marriage partners, or integrate into the world of work. Many had greater problems after liberation than before, because they found work and housing only on the margins of society.<sup>28</sup>

In an attempt to tackle the problems freed slaves faced in the transition period after liberation, Candra Śamśera had earlier proposed to keep the freed slaves for seven years in the service of their masters (C.S.S. Rana 1925: 47, cf. Document 6.10). However, it is not clear whether this was actually enacted.

Reintegration of freed slaves in a caste society was certainly not easy. However, in some cases, slave status was not necessarily an impure status, so that some slaves could re-join their castes. In Document 4.3 it is clearly said to the emancipated slave Gajakesara: "Wear the sacred thread, mindful of proper conduct. Become associated with fellow members of your own caste". In Document 4.1, King Girvāṇayuddha Vikrama Śāha (r. 1799–1816) also allows an emancipated Newar slave, together with his offspring, to re-join his community.

<sup>27</sup> Whyte (1998), cf. Ḍaṅgola, Rājavaṃśī, and Vajrācārya (VS 2041).

<sup>28</sup> See Whyte (1998) for an understanding of the economic and social realities of the freed *ghartīs*.

## **Abolition of Slavery**

*Fig. 1:* The Assembly at Tundikhel in which Prime Minister Candra Śamśera Called for the Abolition of Slavery. Source: C.S.S. Rana (1925: 38).

On 28 November 1924, Prime Minister Candra Śamśera assembled the senior officials and military in Tundikhel Square in the centre of Kathmandu (Fig. 1). With him was eighteen-year-old King Tribhuvana. Candra mounted the platform under a large tree and had the palace guru, Hemraj Pande, read a long "call for the liberation of slaves and the abolition of slavery in the country." This began with the following words:

Gentlemen, to-day we meet to consider a delicate and difficult question. The world progresses and with it there is change, not only in our mode of living in our relations with our neighbours, in our methods of administration and our people have now come much more to the fore than ever before. That alone should be an incentive to retain untarnished our reputation as a brave people, as a just people, as a humane people; in short as the fit progeny of our forefathers, the heroes of a hundred battles, ever the champions of the weak and oppressed. Yet there rests on us, according to the present standard of the civilized world, a stigma, a slur on our name which diminishes its lustre. They say we yet nurture the hated institution of slavery; we, who are so fiercely jealous of our independence, retain in vile bondage some of our own people and abandon them from generation to generation to continue in that state without lifting a little finger to sweep away a custom unworthy of our glorious tradition. (C.S.S. Rana 1925: 1)

These sentences are followed by a long explanation as to why Candra Śamśera proposed to his people to give up slavery. He claimed that Hindu tradition condemned slavery (which is not true, as there has always been slavery in Hindu kingdoms). He described the hopeless and desperate perspective of the slaves and the unworthy situation faced by some seventy-year-old slaves under much younger "masters" in multi-generational households, and he detailed how little slave ownership ultimately yielded. Thus, it cost 410 rupees to raise a slave child until he or she could be used as a worker at the age of sixteen or sold for the price of 120 rupees. If, however, one had lent that sum at ten percent, the lender would have received 1100 rupees during the same period. As evidence, the Appeal is accompanied by extensive tables based on the 1923 census, showing that, at that time, there were 51,519 slaves, corresponding to just over one percent of the population, and 15,719 slave owners. Finally, he announced that his government would pay compensation for each freed slave.

This speech by Candra Śamśera was only an appeal ("*spīca*" in the Nepālī version), carefully addressed to slaveholders and to the international public, who applauded the Prime Minister for his step. At the same time, Candra is said to have been praised by slaves, for it was rumoured among them that he himself had married a slave, but the question of whether Candra Śamśera abandoned slavery for moral or humanitarian reasons may have a different answer when, in 1923, Candra signed a peace and friendship treaty with the British, which recognized Nepal as an independent nation. In 1924, the League of Nations established a commission to abolish slavery. The fluent English-speaking Prime Minister knew about this and probably wanted to impress the League of Nations, and he later wrote an English version of his appeal of November 28th. Candra was praised for his act of abolishing of slavery by the international press and influential personages (see Document 6.10).

Interestingly, Candra Śamśera asked the help of Hugh J. Wilkinson-Guillemard, the first British envoy to Nepal, to invest 1,111,200 Rs. in Government Promissory Notes. The money was intended for establishing the Slave Emancipation Fund (Documents 6.1–10). The income of 5 percent tax-free interest generated from holding the Government Promissory Notes was probably used for the emancipation.

In January 1963, Nepal signed to commit to the 1926 Slavery Convention Treaty. However, the system of bonded labour and forced labour survived up to the recent past. Different forms of unpaid or meagrely paid labour systems—such as *kamaiyā* for the agricultural and domestic activities, *kamlari* in which female children work as domestic servants to the landlords, and *haliyā* agricultural bonded labour practice—were only recently legally abolished. The *kamaiyā* system, primarily existing in western Nepal, was abolished by law on 17 July 2000, and the debts were cancelled. The *kamlari* system was declared illegal on 10 September 2006. Similarly, in September 2008, the government of Nepal banned the practice of *haliyā*.

#### **Conclusion**

To conclude, we can say that slavery and unfree labour had a damaging impact on the economic activity of the eighteenth- to early-twentiethcentury Nepal (Regmi 1971: 123), even though the number of officially recorded slaves there might have been less than in other slaveholding societies.29 It is also noteworthy that Nepal did not regularly import great numbers of foreign slaves and that the slaves there were generally from within its own society. Slavery was predominantly confined to the agricultural sector and to the households. Enslavement largely took place on the basis of poverty, punishment, and by birth. Slaves often were kept in the households and (extended) families, and the measures to enforce their stay were not as necessary as in industrial forms of slavery. As Indrani Chatterjee (1999) aptly argued, the history of slavery in India (and Nepal) was interwoven with the history of family and power, rather than solely with exploitation of labour for economic purposes.

Moreover, the extent of slavery and labour exploitation in Nepal was not primarily the result of a high land-to-labour ratio. This is contrary to the Nieboer-Domar hypothesis30 which argues that the use of slavery or bonded labour becomes a necessary alternative when there is an abundance of land and shortage of labour. Instead, the state, its

<sup>29</sup> The emancipation speech by Candra Śamśera mentions the slave population of Nepal as amounting to less than 1%, 51,419 slaves for a Nepalese population of 5,573,788 (C.S.S. Rana 1925: 35). For a list of slave systems and the proportion of slaves and their population, see Patterson (1982: 353-64).

<sup>30</sup> See Nieboer (1900), Domar (1970) and Patterson (1977).

politics, the caste system and an unjust land distribution were the major factors here.

All in all, enslavement in pre-modern Nepal must be seen as the deprivation of rights of the rural population and the enslavable ethnic minorities, as well as the so-called impure castes. The regulations exploited the Brahmanical ideas of purity and impurity to economically ruin and socially isolate—by means of moral offences and debt bondage—a population already made poor and marginalised. This above all affected the ethnic minorities, who traditionally did not follow the Brahmanical purity regulations. Thus, the regulations relating to slavery in the *Ain* were designed to increase control of the people of certain castes and to create a monopoly on slave labour for the state and the feudal classes.

Agricultural debt, and the pressure of high taxes, are the reasons for the impoverishment and enslavement of the small farmers in Nepal. This situation, intolerable for so many, already led in the nineteenth century to a great exodus of labourers. The agricultural proletariat preferred to work in the coal mines and on the tea plantations of India, just as the modern rural population seeks its fortune by preference in the Gulf States.

### **1. Documents on Donation and** *Satī* **of Slaves**

1.1 A document recording the donation of a slave and land to Ādiviśveśvara by Ṭhākura Gira Gosāī (K\_0113\_0023)

Edited and translated by Manik Bajracharya; Dated ŚS 1680 (1759 CE); Guṭhī Saṃsthāna, Viśveśvara Mahādeva Guṭhī, po. 11; microfilmed as NGMPP K 113/23; for the digital edition, see DOI: https:// doi.org/10.11588/diglit.36930.

Edition:

```
1 श्री: \
```

```
1 स््हही ईस््व गिरी वीसंषु
```
<sup>2</sup> पातले छाप्

```
1 सकल् वमोजीम् नकल् दुरू-
2 स््त छ भनी सही छाप गर्नेईस््व
3 गिरी
```

```
1 स््वस््तति श्री शाके[१]६८० मा रोयदिनगतातिव भौमवासरे फालगुन पु-
```

```
2 र््णणिमायां तीथौ दोगाम व्यासीमाहा आड31 रोपनी षेत पियारि कमारीसमे-
```

```
3 त श्रीश्रीश्री आदिवीसेस््वर 32 प्रीति गर््न्यया श्री ठाकु र गिर गोशाईलेईन् सि-
```

```
4 वापन 33 गन््यया 34 । ऋतिक साछी श्री धनराज गीर महन््त श्री प्रमार््थ गीर महंत श्री
```

```
5 अमर गीर श्री भोज गीर श्री वलीराज गीर श्री गोशाई मुरलि पुरी श्री नेहा-
```

```
31 Read: āṭha.
32 Read: ādiviśveśvara.
33 Read: śivārpaṇa.
34 Read: garyā.
```

Translation:

*Śrī*

Signed, Īsva Giri [of] Bisaṅkhu. *pātale chāp* 35

Īsva Giri, who [by] signing [attests] that the copy is true to the original.36

Hail! On Tuesday, the full moon day of Phālguna in the Śaka year [1]680 (1759 CE)—on a very auspicious occasion—Śrī Ṭhākura Gira Gosāī, who adores the threefold glorious Ādiviśveśvara, donated eight *ropanīs* of land in Dogāma Byāsī together with a female slave [named] Piyāri to this Śiva. The truthful witnesses are: Śrī Dhanarāja Gīra Mahanta, Śrī Pramārtha Gīra Mahanta, Śrī Amara Gīra, Śrī Bhoja Gīra, Śrī Balirāja Gīra, Śrī Gosāī Murali Purī, Śrī Nehājana Purī, Śrī Harajī Giri, Śrī Bhabhu Gīra, Śrī Dala Siṃ Gāra Bhārarthī and Śrī Raṇa Siṃha Mahanta. The *mukhiyā* and every one of the *pañca*s<sup>37</sup> of Bisaṅkhu witnessed [the offering]. Signed. Auspiciousness.

During the time of the venerable Vīravṛjitā Panta, King Dhanamanta, and Savya Kājī. *deṃvabhītarasala*<sup>38</sup>. Glory!

Commentary:

This document, located in the Guṭhī Saṃsthāna office in Bhadrakālī, gives the date as Śaka year 680. One may assume that the writer left out the figure 1 from the year (see also D.R. Pant 1997: 138 fn). The year 1680 ŚS, if correct, would correspond to 1759.

This document mentions that Ṭhākura Gīra Gosāī offered a piece of land and a female slave to the Ādiviśveśvara temple of Bisaṅkhu. The location of the donated land, Dogāma Byāsī, is in the Bisaṅkhu area in

38 The meaning is unclear.

<sup>35</sup> Perhaps a stamp with *pāṭa*, a piece of jute, hemp or silk yarn attached underneath stamps.

<sup>36</sup> This text and the signature above are in the left margin.

<sup>37</sup> *Pañca*: a local council consisting of five or more members.

Lalitpur (Regmi 1984: 70 mentions the place, there with the spelling Dugam).

The document has eleven witnesses whose names attest to their membership in ascetic orders, among them three *mahanta*s (i.e., the heads of the ascetic orders or monasteries). The recurring terms Gīra and Gāra probably refer to Giri.

1.2 A copperplate inscription recording the offering of two Newar girls by Bālakṛṣṇa Upādhyā to serve at Paśupatinātha (PN\_0002\_0002)

Edited and translated by Manik Bajracharya; Dated ŚS 1695 (1773 CE); Paśupati Gośvārā; microfilmed as NGMPP PN 2/2; for the digital edition, see DOI: https://doi.org/10.11588/diglit.35143.

Edition:

<sup>1</sup> श्री ५ पशुपतिर््जयति ।

[A figure of the Sun] [A figure of the Moon]

<sup>1</sup> श्री ५ पशुपतिनाथका

[A figure of a *triśūla*]



Translation:

May the fivefold glorious Paśupati be victorious!

[A figure of the Sun] [A figure of the Moon]

The fivefold glorious Paśupati's

[A figure of *triśūla*]

Witness: Śrī Vīrabhadra Rāṇā; auspiciousness39

Witness: Śrī Ṣaḍānana Upādhyā, the son [of Bālakṛṣṇa Upādhyā]<sup>40</sup>

*Oṃ*. Today, [in] the aeon called Śvetavārāha, and so on; on the 4th of the bright fortnight of the month of Āṣāḍha, in the Aśleṣa lunar mansion, in the Vajra *yoga*, 41 in an appropriate *karaṇa* 42 and *muhūrta* <sup>43</sup>, when the Sun and the Moon were in the zodiacal signs Mithuna and Karkaṭa respectively, within the Ātreya lineage, Śrī Bālakṛṣṇa Deva Śarmā together with his son has offered two slaves, named Naku and Guṇavatī, as *devadāsīs* for the pleasure of the threefold glorious Paśupati Bhaṭṭāraka.

Now, [in the] vernacular language. Hail! On the 4th of the bright fortnight of Āṣāḍha in the Śaka year 1695 (1773 CE), [I], Bālakṛṣṇa Upādhyā of Bhirkot, have offered the two Newar slaves named Naku and Guṇa to the feet of --- [i.e., the fivefold glorious Paśupatinātha]44 as *devadāsīs* of --- [i.e., the fivefold glorious Paśupatinātha]. The Bhaṭṭa caretakers [of the temple] shall have no authority over them. Witnessed

<sup>39</sup> The text is in the left margin.

<sup>40</sup> The text is in the right margin.

<sup>41</sup> A division of time based on the sum of longitude of the sun and moon. There are twenty-seven *yogas*.

<sup>42</sup> A division of time, with two *karaṇas* being equal to a lunar day. There are eleven *karaṇas*.

<sup>43</sup> A division of time equivalent to 48 minutes; the 30th part of a day.

<sup>44</sup> This space holder in the original contains symbols which has been reproduced in the edition as dashes (---).

by the five brothers of Śrī Harihara Upādhyā. Witnessed by Bhagavatī Bana Gosāi. Writer [of the inscription]: Śrī Durgānātha Mahācārya. Whoever takes these two [slaves] away will be guilty of the five great sins (*pañcamahāpātaka*).

#### Commentary:

This copperplate from Paśupatinātha temple, dating to 1773, concerns a donation of two Newar female slaves to the temple by Bālakṛṣṇa Deva Śarmā (also named as Bālakṛṣṇa Upādhyā in the document), a Brahmin from Bhirkot. The document does not mention the name of the king, Pṛthvīnārāyaṇa Śāha, reigning over the Kathmandu Valley at the time. Bhirkot, the donor's place of residence, was a part of the Caubīsī kingdoms to the west of Gorkha. Previous editions of this document appeared in Śreṣṭha (1974: 104–5) and Vajrācārya and Śreṣṭha (VS 2037: 114–15). Also, for a short analysis of the document, see D.R. Pant (1997: 138).

1.3 A copy of a document from Joga Nārāyaṇa Malla to Bhagavanta Bā̃ḍā re the offering of female slaves to Palāñcoka Bhagavatī (K\_0579\_0063)

Edited and translated by Manik Bajracharya; Dated VS 1832 (1776 CE); Guṭhī Saṃsthāna, Bhadrakālī, Ta. no. 1339 (11), Gu. Ba. no. 12; microfilmed as NGMPP K 579/63; for the digital edition, see DOI: https:// doi.org/10.11588/diglit.37001.

Edition:


45 Uncertain reading.

```
3 वाहाल - - -
```
[Unknown seal]

```
1 स््वस््तति श्री जोगनारांयनमल््लकस््य पत्रं ।
```

```
2 आगे भगवंत वाडाके । ---को आसनि सिलाका थिति-
```

```
3 कन टहल् र झारू वढारूकै कमारि २ दिञूं चर््हहाञूं । तस-
```

```
4 महा दावा धक्का झईझगरा कसैको रोकतोक नास््तति । इति
```

```
5 सम््वत् १८३२ साल् माघ वदि १३ रोज ६ मुकाम् काभ्र्या
```

```
6 व््यााँसि । शुभ््मम् ।
```
Translation:

*Śrī*

Glorious Bhagavatī

11<sup>46</sup>

Signed by Karuṇānanda …47 in attestation that the copy is true to the original48

[Unknown seal]

Hail! A letter from Joganārāyaṇa Malla.

*Āge*: to Bhagavanta Bāḍā. I [herewith] give—offer—2 female slaves to attend to the customary services relating to the stone seat (*āsani silā*) of the glorious [goddess] Bhagavatī and to do the sweeping. There should be absolutely no [false] claims (*dāvā*), intimidation (*dhakkā*), lawsuits (*jhaijhagarā*) or [other forms of] obstruction in [reaction to] this.

Friday, the 13th of the dark fortnight of Māgha in the [Vikrama] era year 1832 (1776 CE). Residence: Kābhryā Byā̃si. Auspiciousness.

<sup>46</sup> This number, assigned by the Guṭhī Saṃsthāna, represents the serial number of the document within the bundle.

<sup>47</sup> Part of the name is illegible in the original.

<sup>48</sup> The text is written in the left margin.

#### Commentary:

This is a copy of a document concerning two female slaves offered to the goddess Bhagavatī of Kabhrepalanchok district. The goddess is also commonly known as Palanchok Bhagavatī. The addressee of the document, Bhagavanta Bā̃ḍā, is mentioned as the priest of the Bhagavatī shrine in various documents, including NGMPP K 579/58, 62, 64, 66, 71, and 72. In document K 579/58, issued in VS 1805, he is reconfirmed as the rightful priest of the Bhagavatī shrine by the royal priest. The identity of the issuer/donor, Joganārāyaṇa Malla, is unknown. The two slaves, though offered for service in the temple, are not called *devadāsīs* in this document, unlike a similar case in the Document 1.2 recording the offering of slaves to Paśupati.

1.4 A *lālamohara* from King Raṇa Bahādura Śāha informing Dalamardana Śāha and others of his father's death and the *satī* of eight slave girls (DNA\_0014\_0041)

Edited and translated by Axel Michaels; Dated VS 1834 (1777 CE); National Archives Nepal, Ms no. 462; microfilmed as NGMPP DNA 14/41; for digital edition, see DOI: https://doi.org/10.11588/diglit.36929.

Edition:

<sup>1</sup> श्रीदुर््गगासहायः\

[Royal seal]


<sup>2</sup> श्री वावा


```
20 ला । इति संवत् १८३४ साल अगहन वदि ६ रोज ५ । शुभं ।
```
Translation:

May glorious Durgā help [us]!

Venerable father

[Royal seal]

Hail! [a *lālamohara*] written by him who is shining with manifold rows of eulogy [such as] "The venerable crest-jewel of the multitude of mountain kings" and Naranārāyaṇa (an epithet of Kṛṣṇa) etc., high in honour, the venerable supreme king of great kings, the thrice glorious great king, Raṇabahādura Sāha; the brave swordsman, the divine king always triumphant in war.

Hail! This letter with [auspicious wishes] is to thrice glorious princes Dalamardana Sāha and Bahādura Sāha who are shining with manifold rows of eulogy [such as] "The venerable crest-jewel of the multitude of mountain kings" and Naranārāyaṇa etc., high in honour and always triumphant in war.

The tidings here are fine, and it is hoped that you are also fine there. Furthermore, [other] news from here is well.

*Uprānta*: From earlier times [my] father suffered from bloody dysentery. Later the arthritis disease was added to it. [Medical treatment for the diseases was done, but] he was oppressed with pain [and] he went to the other world on Monday morning of the 6th of Maṅgsira. 8 female slaves (*keṭi*) became *satī* (i.e., performed self-immolation).49 We have started the funerary rituals, [which are] being performed by Naru Sāha, Śiva Sāha, Bhoṭu Pā̃ḍe, Nīladhoja, Bhavānidatta and

49 On *satī*, see Michaels (1993 and 1994) and Mainālī (VS 2078).

Indramuni Basnyāt [representing] *tharthoka*50 [required assembling], all together 6 persons. There (i.e., at your place) you also should observe [mourning for] impurity (*juṭho*). When the purity and pacification [periods] are finished, *tharaghara* and noble people will come [there] to set you interacting [again] together (i.e., to eat cooked food with outsiders). After their arrival you should stay there together [for some time and then] make a move (i.e., return). Until the arrival of the *tharaghara* you should stay there.

Monday, the 6th of the dark fortnight of Agahana (i.e., Mārgaśīrṣa) in the [Vikrama] era year 1834 (1777 CE). Auspiciousness.

#### Commentary:

King Raṇabahādura Śāha writes this letter to Princes Dalamardana Śāha and Bahādura Śāha to inform them about the demise of the king's father Pratāpa Siṃha Śāha on Monday morning, the sixth day of Maṅgsira. The letter mentions the immolation (*satī*) of eight female slaves (*keṭī*). For a recent study on the satī system of Nepal, see Mainālī (VS 2078), especially pp. 169–179 of the book for various incidents relating to immolation female slaves.

## **2. Documents on Slave Transactions**

2.1 A sales deed recording Bālasundara Thāpā's obtaining of two former slaves of his from Bhairava Siṃ (E\_2824\_0044)

Edited and translated by Manik Bajracharya; Dated VS 1889 (1833 CE); private collection of Cakra Rāja Timilā, Bhaktapur, no. 29; microfilmed as NGMPP E 2824/44; for the digital edition, see DOI: https:// doi.org/10.11588/diglit.37360.

Edition:

	- 50 *Tharthoka*: representatives of six clans: the Pā̃ḍes, Pantas, Arjyālas, Khanālas, Rāṇās and Boharās.

```
2 कमारि १ अघि इ कमारि हाम्रै घरवाट गंगाप्रसाद गिरिका घरमा जादा हा-
```

```
3 म्रा जेठा दाज््ययुले दि व्यच््ययाका रह्याछन् । हामि भाइ वस््ययाका पनि थियौ-
```

```
4 न । गौराइ पनि षायाको थियेनं । झगरा पनि गर्याको थियेन ।
```

```
5 आज कमारो हाम्रा घर वस्न आउदा भैरव सिले येक सय येक
```

```
6 रूपया लियो । मोल््न पटक् गरि मैले किन््यया । यो कमारो कमा-
```

```
7 रि जाग््यस््वर गिरिकन र सुव्यानिकन मैले नदिनु । दिया
```

```
8 भन््यया भैरव सिले वाधि लैजानु । मठमा मैले दिंन भन््यया ।
```

```
9 आज कीन््यया वेच््ययाको सहि । जस्ले कु रा फेर््लला स््व झुठा ।
```

```
10 साछि इन्दद्रविर षत्रि प्रताप थापा उतर कु मार थापा ।
```

```
11 सम््वत १८८९ मिति फागुन वदि ७ रोज १ । शुभम् ।
```
Translation:

*Śrī*

#### Signature<sup>51</sup>

Hail! Written by Bālasundara Thāpā.

*Āge*: My eldest brother unexpectedly gave-sold the male slave Ḍambaryā and the female slave Raṅgī when they [once] went from our own house to the house of Gaṅgāprasāda Giri. We brothers had not gathered [to discuss the matter]. We had neither have any earnest (*gaurāi*), nor did we institute legal proceedings (*jhagarā*). Today the slaves have come [back] to stay in our house, [and] Bhairava Siṃ took one hundred one rupees [for them]. I bought [the slaves] after bargaining. This slave boy and slave girl should not be given to Jāgyasvara Giri or Subyānī. If they are given [to them], Bhairava Siṃ should take [the slaves] away bound. I have declared that I will not give [the slaves] to the *maṭha*. The transaction today has been endorsed (*sahi*). Whoever alters [the terms of] the matter, will be [considered in the] wrong. Witnesses: Indravira Khatrī, Pratāpa Thāpā [and] Utara Kumāra Thāpā.

Sunday, the 7th of the dark fortnight of Phālguna in the [Vikrama] era year 1889 (1833 CE). Auspiciousness.

#### Commentary:

The content of this document is confusing. This much seems clear: the eldest brother of Bālasundara Thāpā had sold the two slaves to

51 In the left margin. The signature is probably of Bālasundara Thāpā.

Gaṅgāprasāda Giri without consent from his brothers, and Bālasundara obtained the slaves back by paying 101 rupees. Bhairava Siṃ is perhaps an authority who apparently had brought the slaves back to Bālasundara, and he has been declared responsible to take the slaves away in case they are ever given back to Jāgyasvara Giri and Subyānī. The identities of Jāgyasvara Giri and Subyānī are not clear. One can assume that they are relatives of Gaṅgāprasāda and that all three have ties to the same *maṭha*.

This document, even though of pre-*Mulukī Ain* period, depicts a situation that is covered under Ain-54 § 81.1 dealing with a brother's selling of slaves or domestic animals without consulting other brothers.

## 2.2 A document recording a loan taken by Darajīta Paṇḍita from Bhājupati to buy female slaves (E\_1448\_0037)

Edited and translated by Manik Bajracharya; Dated VS 1898 (1841 CE); private collection of Cittadhara Hṛdaya, Kathmandu; microfilmed as NGMPP E 1448/37; for the digital edition, see DOI: https://doi. org/10.11588/diglit.36825.

Edition:

```
1 श्री \
```

```
1 तमसुक सहि
```

```
1 स््वस््तति । श्री सम््वत् १८९८ साल मिति मार््ग वदि ८ रोज तद्दिने लिषितं धनीक नाम का-
```

```
2 ठमाडौ नेट पिथ््यया न्हुछेको साहु भाजुपति उद्धारिनिक नाम भङ््गरतार वस्न्या दर-
```

```
3 जीत पण््डडित् गत चादिका मोहर रूपैया ---१०१ येक
```

```
4 सये यक् कर््जजालिञुँ । इन रूपैयाको व्याज सैकडा धान मुरि ७।•।• का हिसावले व-
```

```
5 र््षवन््धमा चुक्ति गरि टारूूंला । वावत देउरूपिसमेत् जना ३ कमारी किं न्नकन लि-
```

```
6 ञा भनि तमसुक लेषिदिञाँ । यस वाटका साछि मेरा दाज््ययू सर््वजीत् पण््डडित अंत-
```

```
v7 र साछि चिकं अट्टको तुलसि नारान् सुशुभ््मम् । ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯
```
Translation:

Śrī

*Tamasuka* signed [by the debtor]

Hail! Written on the 8th of the dark fortnight of Mārga in the [Vikrama] era year 1898 (1841 CE). I, the debtor (*uddhāriṇīka*) named Darajīta Paṇḍita of Bhaṅgaratāra, have received a loan of 101 silver *mohararupaiyās* from the creditor (*dhanīka*, *sāhu*) named Bhājupati of Neṭa, Pithyā Nhuche, Kathmandu. I will pay off the interest of this money at an annual rate of 7.1.1 *murīs*52 of rice grains per hundred [rupees]. I have written this *tamasuka* to attest that I have taken this [loan] in order to purchase 3 female slaves including Deurūpi. The witness of this [from my side] is my elder brother Sarvajīt Paṇḍita, [and] the witness from the other side (*antarasākṣī*) is Tulasi Nārān of Cikaṃ Aṭṭa. [Let there be] auspiciousness.

#### Commentary:

This document is a bond signed by the debtor Darajīta Paṇḍita for receiving a loan of 101 *mohararupaiyās* from a creditor in Kathmandu. The debtor's place of residence, Bhaṅgāratāra, is probably Bhangaltar, a locality north of central Kathmandu and south of Budhanilakantha. The document specifies that the purpose of the loan was to purchase three female slaves.

This document is from the collection of Chittadhara Hṛdaya in Kathmandu.

#### 2.3 A sales deed of four slaves in Vaḍahare (K\_0348\_0037)

Edited by Manik Bajracharya; Dated VS 1965 (1908 CE); Guṭhī Saṃsthāna, Bhadrakālī, 6, Bā. Da. Po. no. 12 Pan. no. 2; microfilmed as NGMPP K 348/37; for the digital edition, see DOI: https://doi. org/10.11588/diglit.37366.

#### Edition:


[Fingerprint, most probably of Cūḍāmaṇi Bhaṭṭarāī Jaisī]

<sup>52</sup> I.e., 7 *murīs*, 1 *pāthī* and 1 *mānā* per hundred rupees.

<sup>53</sup> Added by a second hand in the upper margin.

```
[Signature of Loka Bāhādura Bhaṭṭarāī Khatrī]
1 ऐं ऐं वश््न्यया जवरजं[?] पटि सी. लोक वाहादुर भट्टराई षत्री १
   [Signature of Sīvadatta Upādhyā Ācārja]
1 ऐं ऐं वश््न्यया सीवदत्त उपाध््यया अचार््ज ---१
   [Fingerprint of Dasaratha Duvāl]
1 भादगाऊ मकै छालीीं वश््न्यया नाईके दसरथ दुवाल् ---१
   [Signature of Jīvarāja Pādhyā]
1 लेषक जीवराज पाध््यया वानेश्वर ---१
1 लिषितम सिपा वडहरे वश््न्यया रामेश्वर भट्टराई
2 जैसीका यका घरका सहोदर छोरा सोही ठाउ वश्ने
3 चूडामणी भट्टराई जैसी आगे मेरा घरैया वर््ष २-
4 ९ की काली कमारी ज््ययू १ को मोलपटक मोह रू
5 २०१ दुई सये येक् नीजको जेठो छोरो वर््ष ९ को
6 धने कमारो ज््ययू १ को मोलपटक् मो रू १०१ येक
7 सये येक नीजको कांछो [छो]रो वर््ष ७ को मने कमारो
8 ज््ययू १ को मोलपटक् मो रू ९९ नीजको काष-
9 की छोरी वर््ष ४ की पुतली कमारी ज््ययू १ को मो-
10 लपटक् रू ९९ स््ममेत ज््ममा कमारा कमारी ज््ययू ४ को
11 ज््ममा मोलपटक् रू ५०० गौराञी पाती मो रू १
12 ज््ममा मो रू ५०१ अक्षरेपी पान सय यक वानेश्व-
13 र वश््न्यया पीर महंत कु ल््ममान् गीरीसग वुझी नी-
14 ज कमारा कमारी ज््ययू ४ पार््पछीन्न सुक्रीवी-
15 क्री गरी नीज महंतलाई वेच््ययाां । कीन्न्याको
16 कमारा कमारी ज््ययू ४ पाको वेचन््ययाको दाम्
17 पाको । आज अघीको कलरोग दाताको अ-
18 व उप्रान््तको कलरोग भुक्ताको । नीज कमा-
19 रा कमारी ज््ययू ४ अरू कसैलाई हदीभुन््हहे ठी-
20 क् लेषीदीयाको र दाईजो पेवास््ममेत् के ही
21 ठहर्यो भन््यया ऐन वमोजीम् मेरा घर घरानावा-
22 ट वुझाउला भनी मेरा मनोमान् षुसीराजी[स]-
23 ग कीनाराका साछी सदर गरी परंभट्ट ले[षी]
```
[Signature of Jimmāvāla Muktinātha Bhaṭṭarāī Jaisī] सीपा वडहरे वश््न्यया जीम््ववावाल् मुक्तीनाथ भट्टराई जैसी ---१

साछी

```
2. Documents on Slave Transactions — 45
```

```
24 नीज पीर महंत कु ल््ममान् गीरीलाई दीञा । वे[उ]-
25 जुर । इती संवत् १९६५ साल् श्रावण १७ ग-
26 ते ६ वार शुभ््मम् । ---
```
Synopsis:

In this sales deed, Cūḍāmaṇī Bhaṭṭarāi Jaisī, son of Rāmeśvara Bhaṭṭarāī Jaisī, from Sipā (Sindhupālcok) Vaḍahare sells four slaves—a female slave, Kālī, aged 29; her two sons Dhane and Mane, aged 9 and 7 respectively; and a daughter, Putalī, aged 4—for 501 rupees to Pīra Mahanta Kulmān Giri, a resident of Bāneśvara. The seller agrees to repay the money in accordance with the *Ain* if his ownership of the slaves is disapproved. Cūḍāmaṇī Bhaṭṭarāī Jaisī drew up this *paramabhaṭṭā* which was witnessed by Muktinātha Bhaṭṭarāī Jaisī, Loka Bāhādura Bhaṭṭarāī Khatrī, Sīvadatta Upādhyā Ācārya and Dasaratha Duvāl. The document is dated Friday, the 17th solar day (*gate*) of the month of Śrāvaṇa in the [Vikrama] era year 1965 (1908 CE).

Commentary:

The same slave, Kālī, appears in the document K\_0348\_0035 (Document 3.1), in which the owner Rāmeśvara Bhaṭṭarāī puts her up as collateral for taking out a loan from Narāṃ Kaśna Pradhāna. In document K\_0348\_0036, Rāmeśvara gives power of attorney to Cūḍāmaṇī Bhaṭṭarāī to transact the sale recorded in the current document.

2.4 A sales deed recording the purchase of a son of a slave in Khairā Gāũ, Pyuthana (K\_0282\_0008)

Edited and translated by Manik Bajracharya; Dated VS 1966 (1909 CE); Guṭhī Saṃsthāna, Bhadrakālī, 29, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 282/8; for the digital edition, see DOI: https://doi. org/10.11588/diglit.44598.

Edition:

<sup>1</sup> श्री \

<sup>1</sup> नं ३३

2. Documents on Slave Transactions — 47


[Fingerprint of Hīma Lāla Ūpādhyā]


 ञा येक सौ साढे वहतरमा नीज जेठा दाजी लोकनाथ पाध््ययालाई मा- थी लेषीयाका रूपैञामा मोल्पट- क् गरी रूपैञा वुझी ली सो लोके कमा रो ज््ययू १ सोपीदीञा । येस कमाराले म वीक्री हुने होईन म अजापत्र हु भ न््ययो भने मैले सावीत गरुला । सावीत गर््न सकीन र अजापुत्र वीक्री गरेको ठहर्या सो रूपैञा तीम्रा फिर््तता वुझाई-दिऊला । मैले वीक्री गरेको करीया कमा-


<sup>20</sup> रो लोके तीमी जेठा दाजी लोकनाथ

```
21 पाध््ययाको पक्वा मोल्पटक् वमो-
```

```
30 शुभ््मम् । ---
```
Translation:

*Śrī*

No. 33

21

No. 184

[Fingerprint of Hīma Lāla Upādhyā]

Witnesses:

[Seal of Gaṇeśa Bāhādura]: Mukhiyā Gaṇeśa Bāhādura Ghartī Chetrī [of] Khairā

[Seal of Bhīmārjuna Upādhyā]: Scribe Ḍiṭṭhā Bhīmārjuna Upādhyā [of] Khairā

[Fingerprint of Guru Prasāda Upādhyā]: Guru Prasāda Upādhyā [of] Khairā

[Seal of Cumāna Siṃ Basnyāt Chetrī]: Mu. Cumāna Siṃ Basnyāt Chetrī [of] Khairā

Subedāra Dīnānātha Upādhyā [of] Khairā

Written by Hīma Lāla Upādhyā, resident of Khairā Gāũ within Pyuthana.

*Āge*: Since I wish to sell 1 household slave boy (*kariyā kamāro*) named Loke, son of the male household slave Jase—[whom I received] among my share of the property when we brothers split up, I have received a total of 172 *mohararupaiyās* 2 *sukās*, in words one hundred seventy-two and a half rupees, from [my] elder brother Lokanātha Pādhyā, resident of the same Khairā Gāũ, and have handed over the slave Loke—1 person (*jyū*, lit. "body") —to him. In case this slave says: "I am not to be sold. I am a free person (*ajāputra*)," I shall prove [him wrong]. If I cannot do so and if it is determined that a free person has been sold [by me], I will return your money. [From now on] the household slave Loke I have sold belongs to you, [my] elder brother Lokanātha Pādhyā, and the agreed amount of money belongs to me. After selling the aforementioned slave Loke—1 person—and receiving 172 *mohararupaiyās* 2 *sukās* as written [above], I wrote [this] *paramabhaṭṭa* deed willingly, and handed it over to the aforementioned Lokanātha Upādhyā. The [persons whose names are] written in the margin are standing witness to these particulars.

Tuesday, the 3rd of the bright fortnight of Śrāvaṇa, the 5th solar day (*gate*) of Śrāvaṇa in the [Vikrama] era year 1966 (1909 CE). Auspiciousness.

#### 2.5 A document recording the sale of three slaves at Madanapura, Pyuthana (K\_0281\_0049)

Edited and translated by Manik Bajracharya; Dated VS 1967 (1910 CE); Guṭhī Saṃsthāna, Bhadrakālī, 10, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 281/49; for the digital edition, see: https://nepal ica.hadw-bw.de/nepal/editions/show/27495.

Edition:


[Fingerprint of Gokula Jaisī Regmī]

 लिखितम् पीयूठाना मध््यये भीम्री मदनपूरगाउ व- सने म गोकु ल जइसी रेगमी । आगे मैले परमभट्ट गरी पीयूठाना गेजवाङ् वसने गोदार थापासग मोर्रूपैञा ६२५ मा जीउ ४ लियाकोमा पार््वती भन््यये कमारी टाकु रा वसने पंडीत् वामदेव उपाध््ययालाइ मोर्रू १४५ मा परमभट्ट गरी दियेको । हाल सो म- ध््यये मेरा करीया कमारा कमारी तने कमारो ज््ययू १ धनी कमारी जीउ १ गौरी कमारी ज््ययू १ निजहरूको मोल मोर्रू ४८३॥ मा निज टाकु रा वसने पंडी- त् वामदेव उपाध््ययालाइ सोपीदिञा । आजदेखि निज कमारा कमारीको कालफाल तिंम्रो जालझेल् मेरा भनि कसैले कर नलगा - इ मेरा मनोमान खुशी राजीले परमभट्टपत्र लेषी आजदेखि इनि जीउ ३ करिया कमारा क- मारीमा मेरो लाग नास््तति भनि सोपीदिञा । यो प- रमभट्टका साछी तपसीलमा खडा छन् । --- तपसील् मदनपूर वसने गंङ््गगाधर रेगमी जैसी ---१ ऐं वसने पाराशर रेगमी जैसी ---१ ऐं वसने भांनुप्रसाद जैसी रेगमी ---१ ऐं वसने मुषिया चन्दद्रमणि रेगमी जैसी ---१ ऐं वसने सालग्राम रेगमी जैसी ---१ ऐं वसने रवि लाल रेगमी जैसी ---१ ऐं वसने चूडामणि खत्री छेत्री ---१ ऐं वसने चन्द्रे खत्री छेत्री ---१ लेखक स््वर््गद्वारा अखंड यज्ञमा वसने दीक्षीत वलराम उपाध््ययाय अचार््ज ---१ इति संवत् १९६७ साल आश्विन २७ गते वार ४ शुभम् ---१

[Fingerprint of Gaṅgādhara Regmī Jaisī] [Fingerprint of Bhāṃnuprasāda Jaisī Regmī] [Fingerprint of Candramaṇi Regmī Jaisī] [Fingerprint of Sālagrāma Regmī Jaisī] [Fingerprint of Ravi Lāla Regmī Jaisī] [Fingerprint of Cūḍāmaṇi Khatrī Kṣetrī] [Fingerprint of Chandre Khatrī Kṣetrī] [Signature of Balarāma Upādhyāya Achārja]

2. Documents on Slave Transactions — 51

Translation:

*Śrī*

Number 8

Number 161

[Fingerprint of Gokula Jaisī Regmī]

Written by Gokula Jaisī Regmī, resident of Madanapura village, Bhīmrī in Pyuthana.

*Āge*: Of the 4 persons (*jiu*, lit. "bodies") that, a *paramabhaṭṭā* deed having been drawn up, I bought for 625 *mohararupaiyās* from Godāra Thāpā, a resident of Gejabāṅ, Pyuthana, I [earlier] gave (i.e., sold) the female slave named Pārvatī to Paṇḍita Bāmadeva Upādhyā of Ṭākurā. Now, of this (group of slaves), I have handed over to the aforementioned Paṇḍita Bāmadeva Upādhyā of Ṭākurā my household (*kariyā*) slaves—the male slave Tane – 1, the female slave Dhanī – 1, and the female slave Gaurī – 1—for 483 *mohararupaiyās* and 2 *sukās* as the price for them. I have written this *paramabhaṭṭā* deed willingly, without anyone obliging [me] to, and have handed it over [to Bāmadeva], stating: "From today on, any prior commitments (*kālaphāla*54) of the aforementioned slaves are yours, and any (former) deceit (on their part toward me) is mine. From today onward I have no claim to these 3 *kariyā* slaves." In the list (below) are the witnesses to this *paramabhaṭṭā*.

Particulars (*tapasila*):

Gaṅgādhara Regmī Jaisī, resident of Madanapura – 1 Pārāśara Regmī Jaisī, resident of the same – 1 Bhāṃnuprasāda Jaisī Regmī, resident of the same – 1 MukhiyāCandramaṇi Regmī Jaisī, resident of the same – 1 Sālagrāma Regmī Jaisī, resident of the same – 1 Ravi Lāla Regmī Jaisī, resident of the same – 1 Cūḍāmaṇi Khatrī Chetrī, resident of the same – 1 Candre Khatrī Chetrī, resident of the same – 1

The scriber Dīkṣita Balarāma Upādhyāya Acārja, resident of Svargadvārā [and a performer of] *akhaṇḍa yajña* (a perpetual fire sacrifice) – 1

<sup>54</sup> *Nepālī Bṛhat Śabdakośa* gives the meaning of *kālaphāla* as a commitment made between two persons to prosper or die together (cf. Upretī et al., s.v. *kālaphāla*).

Wednesday, the 27th solar day (*gate*) of Āśvina in the [Vikrama] era year 1967 (1910 CE). Auspiciousness.

[Fingerprint of Gaṅgādhara Regmī Jaisī] [Fingerprint of Bhāṃnuprasāda Jaisī Regmī] [Fingerprint of Candramaṇi Regmī Jaisī] [Fingerprint of Sālagrāma Regmī Jaisī] [Fingerprint of Ravi Lāla Regmī Jaisī] [Fingerprint of Cūḍāmaṇi Khatrī Kṣetrī] [Fingerprint of Chandre Khatrī Kṣetrī] [Signature of Balarāma Upādhyāya Achārja]

Commentary:

The place Bhīmrī mentioned in the document is probably present-day Bhiṅgri, a village development committee in Pyuthana. Madanapura is one of the villages within the VDC. Gejabāṅ lies within Dharmavati VDC of Pyuthana. Svargadvārā, also known as Svargadvārī, is within Biṅgri VDC.

#### 2.6 A sales deed of a slave child in Pyuthana issued by Bhiu Siṃ Ghartī Magar (K\_0282\_0002)

Edited and translated by Manik Bajracharya; Dated VS 1974 (1917 CE); Guṭhī Saṃsthāna, Bhadrakālī, 23, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 282/2; for the digital edition, see: https://nepalica. hadw-bw.de/nepal/editions/show/27501.

Edition:


[Unknown fingerprint]

<sup>1</sup> साछि

```
[Fingerprint of Saṃtavira Puṃ]
2 दाम्रिगा-
3 उं वस्ने घाट्-
4 वुढा संतविर
5 पुं ---१
1 सहि दाम्रि व-
2 स्नेषिमानं-
3 द पाध््यये १
1 सहि कलम-
2 का साछि दा-
3 म्रि वस्ने परिछेत् पा-
4 ध््यये १
1 लेषितम्पियुठाना मध््यये लेघागाउ
2 वस्ने मुषिया भिउ सिं घर््तति मगर ।
3 म आगे वर््ष ९ भयाकि मनक-
4 लि भंने मेरि कमारि मेरा साव-
5 गास्ले र दुष दर््दले धांन नसक्-
6 नाले दाम्रिगाउ वस्ने साहु सोभा-
7 राम् पुंले सो कमारिको मोल् मो-
8 होर रु ३३० अंके अछे-
9 रि तिं सय तिस् रूपैञा दिदा मे
10 रो चित वुझ््ययो । मोहोर रू तिं सय
11 तिस् वुझि परंम्भट लेषि दिञा ।
12 यस््ममा मेरि कमारि मनकलि भं-
13 नेका अंग रोग छारे कुष्टि चंरि-
14 फाड केहि षोट ठहरेछ रहेछ भ-
15 ने तिमि साहु सोभाराम् पुंका रू-
16 पैञा फिर््तता गरिदिम्ला भनि मे-
17 रि कमारि मनकलि सोभाराम् पुं-
18 लाई दिञा । यस््ममा कसैले कर नलाइ मे-
19 रो चित वुझि मेरो मनोमान षुसि रा-
20 जिले परम्भटको कागत लेषि दाम्-
21 रिगाउ वस्ने सोभाराम् पुंलाइ दि-
22 ञा । साछि किनारमा लेषि सहि छाप
23 दियका सदर छं । इति सम्वत् १९-
24 ७४ साल जेष्ट दिन गते १५ वार
25 २ सुभम् । ---
```
Translation:

*Śrī*

No. 25

No. 177

[Unknown fingerprint]

Witnesses:

[Fingerprint of Saṃtavira Puṃ]: Ghāṭbuḍhā Saṃtavira Puṃ, resident of Dāmri Gāũ – 1

Signature: Khimānanda Pādhye, resident of Dāmri – 1

Signature: witness of the pen (i.e., the scribe) Parichet Pādhye, resident of Dāmri – 1

Written by Mukhiyā Bhiu Siṃ Ghartī Magara, resident of Leghā Gāũ within Pyuthana.

*Āge*: I have not been able to support the nine-year-old slave girl of mine named Manakali because of my [current] economic status and [other] troubles. Therefore, I was persuaded when the merchant Śobhārām Puṃ, resident of Dāmri Gāũ, [offered to] give me 330 *mohararupaiyās*, in words three hundred thirty rupees, as the price of the slave. I have written this *paramabhaṭṭā* and handed it over [to him] after receiving the *mohararupaiyās* three hundred thirty. In it I have given my slave Manakali to you, [with the pledge] to return to you, Śobhārām Puṃ, the money if she is proven to have any defect of limb or [such] blemishes [as] epilepsy, leprosy or skin disorders (*caṃriphāḍa*). I have written this deed of *paramabhaṭṭā* willingly, without anyone putting [me] to it, and have handed it over to Śobhārām Puṃ, resident of Dāmri Gāũ. The witnesses and the signatures written in the margin are valid.

Monday, the 15th solar day (*gate*) of Jyeṣṭha in the [Vikrama] era year 1974 (1917 CE). Auspiciousness.

2.7 A sales deed of a slave in Bāḍikoṭ, Pyuthana area (K\_0282\_0020)

Edited and translated by Axel Michaels; Dated VS 1975 (1919 CE); Guṭhī Saṃsthāna, Bhadrakālī, 41, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 282/20; for the digital edition, see DOI: https://doi. org/10.11588/diglit.36936.

Edition:

```
1 श्री \
```
न ४७

१९९ नं

[Signature of Budhirām] [Signature of Bumāṃ Pādhye] [Signature of Dhanu Khatrī Chetrī] [Signature of Himārām Pādhye]

```
1 साछि
```

Read: *mano.*

```
13 राम् वाहु । यो परम् ुं भट्टिका साछि किनाराले सहि छा-
14 प् गरेका सदर छं । ईति सम््वत् १९७५ साल माघ २२
15 गते वार ३ । सुभ््मम् ।
```
Translation:

*Śrī*

No. 47

No. 199

[Signature of Budhirām Bāhuṃ] [Signature of Bumāṃ Pādhye] [Signature of Dhanu Khatrī Chetrī] [Signature of Himārām Pādhye]

Witnesses:

Bumāṃ Pādhye, resident of Tusārā – 1; Himārām Pāḍhye, resident of idem [Tusārā] – 1; Dhanu Khatrī Chetrī, resident of Bevare of Bāḍikoṭ – 1

Written by Budhirām Bāhuṃ, resident of Bevare of Bāḍikoṭ [in] Pyuthana [district].

*Āge*: I have given to Vidu Giri, resident of Tusārā, the female household slave Himī, aged 19 from my house, at a price of *mohararūpaiyās* 418, [in words] four hundred eighteen, including the earnest money (*gaurāī*). From today onwards, the taker owns the body [of the slave and] the seller owns the money (*thailī*). Today the current deficiencies [of the slave] belong to the seller. After today nobody should force [the seller] to take the responsibilities of her deficiencies. I have happily and of my own will written [this] document, a deed of sale for a slave (*parambhaṭṭi*) [priced] at *mohararupaiyā* 418, [in words] four hundred eighteen, and handed it over to Vidu Giri, resident of Tusārā, Pyuthana. This document [containing] the *parambhaṭṭi* was written in the house of Vidu Giri, resident of Tusārā, Pyuthana. The scribe is Budhirām Bāhuṃ, resident of Bevare of Bāḍikoṭ, Pyuthana. The signatures and stamps of the witnesses of this *parambhaṭṭi* in the margin are valid.

Tuesday, the 22nd solar day (*gate*) of Māgha in the [Vikrama] era year 1975 (1919 CE). Auspiciousness.

2.8 A sales deed of three slaves in Kārkī Ḍā̃ḍā (K\_0282\_0047)

Edited and translated by Manik Bajracharya; Dated VS 1975 (1919 CE); Guṭhī Saṃsthāna, Bhadrakālī, 68, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 282/47; for the digital edition, see DOI: https:// doi.org/10.11588/diglit.36937.

Edition:


[Unknown seal]

```
1 स््वस््तति । श्री विर््तता कार्की डाडा वस्ने मु वाहादुर कार्की छे-
```

```
2 त्रीवाट । प्रभु हुम्नाथले लयका 56 कमारो जसे कमारो ज््ययू १ कामारि 57 काली
```

```
3 ज््ययू १ कमारि छौङडी लछी ज््ययू १ जम््ममा ज््ययू ३ मोहो-
```

```
4 रू ५{…}४१। बुजीलीञा । नीजहरूको परंम्भट्टा
```
गरिदीञा । ईती सम््वत् १९७५ साल फाल्गुण

```
6 २४ गते वार ७ । सुभ््मम् । ---[Unknown seal]
```
Translation:

*Śrī*

Read: *lagekā*.

Read: *kamāri.*

Hail! Number 82

68

Number 234

Witnesses: Witness Śrī Surjanārāyaṇa – 1 Witness Śrī Kālīkā Māī – 1 Witness Śrī Gorakhanātha – 1

[Unknown seal]

Hail! [Issued] by Mu.58 Bāhādura Kārkī Chetrī, resident of Kārkī Ḍā̃ḍā. [I] have received *mohararupaiyā* 541 [for] a total of 3 slave-persons (*jyū*)—slave-boy Jase – 1, slave-girl Kālī – 1 [and] slave-girl Chauṅḍī Lachī – 1—taken (i.e., bought) by Prabhu Humnātha. I have issued [this] *paramabhaṭṭā* of the aforementioned slaves.

Saturday, the 24th solar day (*gate*) of Phālguna in the [Vikrama] era year 1975 (1919 CE). Auspiciousness. [Unknown seal]

Commentary:

The three names listed as the witnesses in the left margin are apparently the names of deities. It is unusual to name the deities as witnesses in a sales deed. One of the slave-girl mentioned in the document has the term *chauṅḍi* in her name. This word (var. *chaũḍī*) refers to a young female slave or a female child born of a slave.

2.9 A sales deed of two slaves in Pyuthana (K\_0282\_0003)

Edited and translated by Manik Bajracharya; Dated VS 1980 (1923 CE); Guṭhī Saṃsthāna, Bhadrakālī, 24, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 282/3; for the digital edition, see DOI: https://doi. org/10.11588/diglit.44595.

58 Probably an abbreviation for *mukhiyā*.

Edition:


साछि [Fingerprint of Setu Mahat Chetrī] सेतु महत्क्षत्री ---१


```
17 र १ सुभ््मम् । ---
```

Translation:

*Śrī*

No. 26

24

No. 178

Signature: Candra Bāhādura Thāpā Chetrī

Witnesses: [Fingerprint]: Setu Mahat Chetrī – 1

Signature: Hikmat Siṃ Bāhādura Chetrī – 1 Signature: Siṃhavira Thāpā Chetrī – 1

Written by Candra Bāhādura Thāpā Chetrī, resident of Arghā Arjuṃ.

*Āge*: After 665 *mohararupaiyās*, in words six hundred sixty-five, was written to Chaṃttu Cujāli Upādhye, a resident of Bādikoṭ [in] Pyuthana, as the price for two purchased household slaves (*kariyā*) of my house—the male slave Rāme and the female slave Gaṃgi—I have [now] received the sum and written a *paramabhaṭṭā* document regarding the said male slave Rāme and female slave Gaṃgi, and handed it over to aforementioned Chaṃttu Pādhye.

[The names of] the witnesses to this *paramabhaṭṭā* written in the margin with their signatures are valid. This *paramabhaṭṭā* was written on the veranda of the house of the *sāhu* Hikmat Bāhādura.

Sunday, the 10th solar day (*gate*) of Vaiśākha in the [Vikrama] era year 1980 (1923 CE). Auspiciousness.

2.10 A deed recording the sale of a slave in Bādikoṭ, Pyuthana (K\_0282\_0004)

Edited and translated by Manik Bajracharya; Dated VS 1980 (1923 CE); Guṭhī Saṃsthāna, Bhadrakālī, 25, Bā. Da. Po. 3 and 4; microfilmed as NGMPP K 282/4; for the digital edition, see DOI: https://doi. org/10.11588/diglit.44596.

2. Documents on Slave Transactions — 61

Edition:


[Seal reading Śrī Cetamāna Siṃ]


साछि

[Fingerprint]


[Fingerprint]


[Signature of Lalit Bāhādura Ghartī Chetrī]


लेषितम् प््ययुठाना मध््यये वादिकोट्गाउ वश्ने चेत्मां सिं घर््तति



```
18 साल् भाद्र १२ गते वार ३ शुभ््मम् । ---
```
Translation:

*Śrī*

12

27

Number 179

[Seal reading Śrī Cetamāna Siṃ] Signature: Cetmān [of] Bādikoṭ

Witnesses:

[Fingerprint]: Sā Hikmat Siṃ Bāhādura Mahat Chetrī, resident of Bādikoṭ, Pyuṭhānā

[Fingerprint]: Ser Bāhādura Khatrī Chetrī, resident of the same

[Signature]: Lalit Bāhādura Ghartī Chetrī, resident of the same

Written by Cetmān Siṃ Ghartī Chetrī, resident of Bādikoṭ Village within [the territory of] Pyuthana.

*Āge*: For 301 *mohararupaiyās*, in words three hundred one, as the price of 1 previously bought 15-year-old female *kariyā* slave of my


house named Khimi, I have written [this] *paramabhaṭṭa* deed, [recording] the stated price of 301 *rupaiyās* [for] my own slave, and handed it over to Sundara Bāhādura Ghartī Chetrī, resident of the aforesaid Bādikoṭ. This slave has not been assigned as a pledge (*dika bandaka*) to anyone else. If it is proven that [she] has been assigned as a pledge to anyone else, I will make compensation according to the law (*ain*). I have willingly agreed to the price (*mol paṭak*), [accepted] *dubo bainā* <sup>67</sup> for the aforementioned slave, written this *paramabhaṭṭa*, and handed it over to the aforementioned Sundara Bāhādura Ghartī Chetrī. Regarding this slave, any [bodily] faults (*khunakhat*), [such as] epilepsy, [or] conflicts [with anyone else] are until today [the responsibility] of the giver. After today, [the responsibility] will be of the taker. I have freely and of my own volition prepared [this] *paramabhaṭṭa* and handed it over to the aforementioned Sundara Bāhādura Ghartī Chetrī. This *paramabhaṭṭa* was scribed at the house of Khim Vikrama Bāhādura Ghartī Chetrī, [of] the aforesaid Bādikoṭ, by Lalit Bāhādura Ghartī Chetrī of the same aforesaid village. The witnesses written in the margin of this *paramabhaṭṭa* are valid.

Tuesday, the 12th solar day (*gate*) of Bhādra in the [Vikrama] era year 1980 (1923 CE). Auspiciousness.

#### **3. Documents on Bondservitude**

3.1 A bond formalizing a money loan in which a slave has been put up as collateral (K\_0348\_0035)

Edited by Manik Bajracharya; Dated VS 1962 (1906 CE); Guṭhī Saṃsthāna, Bhadrakālī, 4, Bā. Da. Po. no. 12 Pan. no. 2; microfilmed as NGMPP K 348/35; for the digital edition, see DOI: https:// doi.org/10.11588/diglit.36998.

Edition:

<sup>1</sup> श्री \

<sup>1</sup> 4

67 *Bainā* is the earnest money paid to seal a transaction. *Dubo bainā* here perhaps refers to a form of payment in which *dubo* (Skt. *dūrvā*) panic grass is given to the seller in lieu of actual earnest money.

<sup>1</sup> ४९

[Fingerprint of Narāṃ Kaśna Pradhāna] साछी

[Fingerprint of Muktinātha Jaisi] <sup>1</sup> वडहरे वश्ने मुक्तिनाथ जैसि ---१

[Fingerprint of Vindā Ṭhakurni] <sup>1</sup> ऐं वश्नेविंन््ददा ठकु र््ननि ---१

[Seal of Dalamardan Khatrī Kṣet]

```
1 [?] सुवेदार दलमर््दन् षत्री क्षेत् ---१
```

```
1 स््वस््तति श्री सम््वत् १९६२ साल मिति माघ २४ गते रोज ३ तस दि-
```
<sup>2</sup> ने लेषितम्धनिका नाम चौतारा वश्ने नरां कश्न प्रधान


#### Synopsis:

This is a loan document through which Rāmeśvara Jaisi, a resident of Sipā (Sindhupālcok) Vaḍahare Gāũ, borrows 100 *mohararupaiyās* at the interest of 2 *moharas* 68 per month from the creditor Narāṃ Kaśna Pradhāna, a resident of Cautārā. He borrows this amount to pay back a sum owed to the *sāhu* Devanārāṃ Dulāl. The debtor has drawn up *tamasuka* and puts a female slave named Kāli up as collateral. According to the document, if the debtor is unable to clear the debt with interest by the end of the next month, Phālguṇa, the creditor can sell the slave to recoup his money. The document is dated Tuesday, the

68 An eight-*ānā* coin.

24th solar day (*gate*) of the month of Māgha of the [Vikrama] era year 1962 (1906 CE).

The witnesses to this document are: Muktinātha Jaisi, Vindā Ṭhakurni and Subedāra Dalamardan Khatrī Kṣet.

Commentary:

The slave Kāli mentioned here also appears in a document written three years later, K\_0348\_0037 (Document 2.3), through which she was sold along with her three children.

3.2 A loan agreement involving the debtor's own son put up as collateral (E\_1544\_0020)

Edited and translated by Manik Bajracharya; Dated VS 1942 (1885 CE); Private collection of B.R. Bajracharya, Patan; microfilmed as NGMPP E 1544/20; for the digital edition, see DOI: https://doi.org/10.11588/ diglit.37359.

Edition:

<sup>1</sup> श्री \

	- 69 Read: *ṭola*?
	- 70 Read: *byāja.*

#### Translation:

#### Śrī

Hail! Written on Monday, the 7th of the bright fortnight of Śrāvaṇa in the [Vikarama] era year 1942 (1885 CE).

[I], the debtor named Bhānidās, resident of Vāchu Nani in Patan, have taken a loan of *mohararupaiyās* 24 in silver legal currency (*lihalagata*), in words twenty-four, from the creditor named Munidhaṃ Bāḍā, resident of Guital in the city of Patan. The interest on this money, which I have taken for my son's *bartaman*71, I will pay at a rate of ten percent. As for the solemn promise to return the money, I will pay it in full by the month of Maṅsira of this current year. For the [borrowed] money, I have put up my [own] son as collateral. If I cannot pay the money in full by the promised [date], the collateral shall be taken to the house of the aforementioned creditor. I have written this agreement (*tamasuka*) willingly, and have handed it over to the creditor.

The witnesses to this deed are: [my] father's younger brother(s) Dhivasiṃ Bāḍā [and] Nhusidhaṃ Bāḍā; and the scribe [and] witness Sitidās. The date is valid. Auspiciousness.

#### Commentary:

This document is an example of how debt bondage functioned in Nepal. Bhānidās had to borrow money for his son's *vratabandha* ritual, but had nothing other than his own son (probably the same one) to put up as surety for it. Failure to return this money would result in his son becoming a bondservant (*bā̃dhā*) in the creditor's house.

<sup>71</sup> *Bartaman* (Skt. *vratabandhana*, "binding to an observance") is the life-cyclic initiation ritual by which a boy becomes a full-fledged member of his caste and lineage (cf. Zotter 2010: 17).

3.3 A loan deed wherein Padma Jaṅg Sāha pledges a servant child as security to Ḍaṃbara Kumārī Devī (K\_0210\_0064)

Edited and translated by Manik Bajracharya; Dated VS 1956 (1900 CE); Guṭhī Saṃsthāna, Bhadrakālī, Bālakumārī Guṭhī, Po. 2 Ka. Ko. Gu.; microfilmed as NGMPP K 210/64; for digital edition, see https:// nepalica.hadw-bw.de/nepal/editions/show/31338.

Edition:

```
1 साछी
2 हरीसीधी वस्ने इन्दद्रवीर कार््ककि ---१
3 पाटन वैलछे वस्न्या साहु लाल ---१
4 लेषत प्रति सोहस््त ---१
1 स््वस््तति श्री सम््वत १९५६ साल मीति फागुण वदि ९ रोज ६ तद्दिने लिषीतम धनी-
2 क नाम डम््वर कु मारि देवी सुव््ववेनी व्राह्मणी असामी धनवेहोरिणीक नाम
3 पाल््पपा तान््सेें घर हुने वाग््मति पुलनेरा वस्न्या चौतरीया पद्म जं साह लिहल
4 चादीका मोहरू ४६॥ अक्षेरूपी साडे छयालीस कर््जजा लीञा । वावत् ५५ सा-
5 लका सवारि षर््च गर््नना नीमीत्त लीयाको हु । सो साल् ुं ्ममा तमसुक नलेषी रूपैआ
6 लीयाको हुनाले सो रूपैञा लीयाका सालदेषी नफा कवोल् स-
7 येकडा दसौदीका दर्ले ज््ययेस््ठ मैन््हहाभरमा बुझाउला । सो भाषामा बुझाउन
8 सकीन भने मसीत नभयाको हुनाले मेरा घर््कका रामवदन भंने सुसारे
9 वर््ष ९ को पंचकिर््तति गरीलीनु भनि मेरा मनोमान षुसीराजीसंग तमसुक
```

```
10 लेषी मजकु र साहुलाइ दीञा । येस बेहोराको साछि फट््ककेमा लेषीया-
```

```
11 को छ । सम््वत मीति सदर शुभ््मम् । —
```
Translation:

Witnesses: Indravīra Kārki, resident of Harīsīdhī 72 – 1 Sāhu Lāla, resident of Vailache73, Patan – 1 *lekhata prati sohasta*74 – 1


Hail! Written on Friday, the 9th of the dark fortnight of Phāguna in the [Vikrama] era year 1956 (1900 CE). I, the debtor named Cautarīyā Padma Jaṃ Sāha, whose house [originally] is in Tānsen, Pālpā and [who currently] resides near the Vāgmatī bridge, have received a loan of 46½ current silver *mohararupaiyās*, in words forty-six and a half, from the creditor named Ḍambara Kumārī Devī, the Brahmin *subbenī* 75. I took [the loan] for covering the cost of a trip (*savārī*) in the year [19]55.76 I took the loan in that year without drawing up a loan agreement (*tamasuka*). I will pay [the amount, together with] the agreed interest of ten percent starting from the year I took the loan, by the month of Jyeṣṭha. If I cannot repay [the amount] by the promised [date] on account of not having [the money], my 9-yearold housemaid (*susāre*) named Rāmavadana shall be taken after [her price] is determined by the five village notables (*paṃcakīrti garī*). I have written this agreement willingly, and have handed it over to the aforementioned (*majakura*) creditor.

The witnesses to this deed are written in the margin. The date is valid. Auspiciousness.

#### Commentary:

This loan agreement between the debtor Padma Jaṅg Sāha and the creditor Ḍambara Kumārī Devī takes a standard form. The debtor is originally from Palpa, but currently a resident near Vāgmatī bridge. The creditor's place of residence is not mentioned. One can, however, assume that she is from Patan as both the witnesses to the deed are from Patan and that the deed was likely drawn up in the city. It is stipulated that the debtor's household servant Rāmavadan is to be surrendered to the creditor upon failure to repay the loan amount. The deed doesn't expressly call her a pledge, and this would mean that she was assigned as a non-usufructuary pledge.

75 I.e., the wife of a *subbā*.

<sup>76</sup> It is not clear whether the loan was taken for his own trip or somebody else's.

3.4 A document recording a loan taken by Vīkmāṃ Bhoṭe from Kulmāna Giri, with a son pledged as security (K\_0348\_0040)

Edited and translated by Manik Bajracharya; Dated VS 1956 (1900 CE); Guṭhī Saṃsthāna, Bhadrakālī, 9, Bā. Da. Po. no. 12 Pan. no. 2; microfilmed as NGMPP K 348/40; for digital edition, see DOI: https:// doi.org/10.11588/diglit.44600.

Edition:

```
1 श्री \
```

[Fingerprint of Vīkmāṃ Bhoṭe] [Fingerprint of Kālu Āle Magara] [Fingerprint of Haṃpu Āle Magara] [Signature of Jīvarāja Pādhyā]


```
5 पाध््यया ---१
```


```
18 फागुन सुदी ६ रोज ५ । शुभ््मम् । ---
```
Translation:

```
Śrī
1
44
```
[Fingerprint of Vīkmāṃ Bhoṭe] [Fingerprint of Kālu Āle Magara] [Fingerprint of Haṃpu Āle Magara] [Signature of Jīvarāja Pādhyā]

Witnesses:

Kālu Āle Magara, resident of Rānāthok – 1 Haṃpu Āle Magara, resident of the same – 1 Scriber [and] witness Jīvarāja Pādhyā, resident of Bāneśvara, Nepāla (i.e., Kathmandu) – 1

*Likhitam*77: [I], the debtor (*dhana behorinika*) named Vīkmāṃ Bhoṭe, a resident of Khālsā, Ḍaḍhuvā Ḍāḍā, Chāpaṭāra within [the confines of] Sāgācoka, have taken a loan of 37 *mohararupaiyās* 2 *sukās* of current legal currency (*gatalīhal*) [from] the creditor (*dhanika*) named Pīra Mahanta Kulmān Giri, a resident of Choṭe Ḍāḍā within [the confines of] Sāgācoka. I have taken this loan in order to cover household expenses. For this money, I have handed over Kamāne Bhoṭe, the eldest son of my youngest wife, as an usufructuary bondservant (*bhoga bā̃dhā*). The creditor should make use (*bhogacalana*) of [my] son Kamāne Bhoṭe, keeping him at his house until the aforementioned principal of 37 *mohararupaiyās* 2 *sukās* has been paid in full. I will not ask back the value of [Kamāne Bhoṭe's] daily work (*nimeka*). The creditor shall not

77 *Likhitam*: a written document (as evidence).

ask for interest on the [principal] sum. If the aforementioned Kamāne causes loss to the work of the creditor by running away, or if for any reason the creditor becomes unable to enjoy [Kamāne's labour], I will pay the *nimeka* for the days that have been lost (*harjā*), in accordance with the law (*ain*), and I myself will remain as bondservant in place of the aforementioned [Kamāne]. I will not file any complaint. I have willingly written this deed of usufructuary debt bondage (*bhoga bā̃dhāko kāgaja*), declaring the witnesses [mentioned] in the margin as valid, and handed it over to the aforementioned creditor.

Thursday, the 6th of the bright fortnight of Phālguna in the [Vikrama] era year 1956 (1900 CE). Auspiciousness.

#### Commentary:

This document, written in 1900, is a classic example of debt bondage. What makes this document more interesting is the follow-up document to it, K\_0348\_0039. This latter document, written six years later, mentions that the bondservant, Kamāne Bhoṭe, was recaptured after he ran away for two and a half years. He is obliged to enter into renewed bondage, with a fine added to the principal. Kamāne is mentioned in K\_0348\_0039 as being 18 years old. Therefore, he must have been of 12 years of age when the current document was written.

Sā̃gācoka, the place of residence of the issuer of this document is a village in Cautārā Sā̃gācokagaḍhī Municipality of Sindhupalchok District, east of the Kathmandu Valley.

3.5 A bond entered into by Kamāne Bhoṭe with Kulamāna Girī to pay compensation for a period of unauthorized absence (K\_0348\_0039)

Edited and translated by Manik Bajracharya; Dated VS 1963 (1906 CE); Guṭhī Saṃsthāna, Bhadrakālī, 8, Bā. Da. Po. no. 12 Pan. no. 2; microfilmed as NGMPP K 348/39; for digital edition, see DOI: https:// doi.org/10.11588/diglit.44599.

Edition:

[*1r-part1*] श्री \ श्री मैन्दद्र दल १ ४५ लीषीतम् सागाचोक मध््यये षाल््ससा डढुवा डाडा छापटार वस्न्या वर््ष १८ को कमाने भोटे । आगे मेरा वावु विक््ममान्सिं भोटेले पीर महंत कु ल््ममान् गीरीसग सावा मोहरू ३७।५० कर््जजा पाई मेरो भोग वाधा लेषीदीया वमोजीम् मेरा षुसिराजीसग [...] साल फागुन मैनादेषी नीज साहुका घर््ममा भोग वाधा भै का[म]- काज गरी वसेकामा मेरा सौतीन्ना दाज््ययू वुधिमान् भोटे- ले मलाई फकाई ६० साल कात्तीक् मैनादेषी साहुका घर- वाट भगाई काठे सिंवु डेरा गरी वस्न्या -१-पल््टन् १० पट्टी सुवेदारा रामनाथ भाट रानाका घर््ममा दर््ममाहदार गराई राषेमा म स््ममेत्ले सो कु रो दवाई साहुको काम् हानी [...] र आजका मीतीमा पक्राउ भै आयाको हुनाले साहु- को काम् हर््जजा भयाको वर््ष २।५ को ऐन वमोजीम् दीन १ को पै रू ।४ का हीसावले मोरू ३४।८० र सावास््ममेतमा सिकीस््त गर््ददा मेरो चीत्त वुझ््ययो । सो रूपैञा हाल् तीर््ननाको सा- वगास् छैन । नीमेक् मोरू ३४।८० मध््यये नीज दाज््ययू वुधी[मान्] भोटेवाट भर््नना आयाको नगत मोरू ५ र साहुलाई तमसु- क लेषीदीयाको मोरू ७ स््ममेत् ज््ममा मोरू १२ कट्टा गरी वाकी मोरू २२।८० र सावा मोरू ३७।५० ज््ममा मोहरू ६०।३० साठी रुपैञा तीस् पैसामा सावीक् वमोजीम् मेरा ज््ययू साहुका घर भोग वाधा भै वस्न्यामा राजी भञा । अव उप्रान््त [आ]- ठै प्रहर साहुका घर वसी काम्काज गरुुँला । सो वमो[जीम्] नगरी भागी नसी काम् हर््जजा गराञा भने पक्री ऐन [वमो]- जीम् गरी नीमेक्स््ममेत् लीनु । माथी लेषीया वमोजीम् ज््ममा मोरू ६०।३० तीरेका दीन मलाई छाडीदीनु वेउ- जुर भनी मेरा मनोमान षुसीराजीसग कीनाराका सा- छी सदर गरी नीज वुधीमानेलाई ज््ययू ज््ममानी दी आ- ज अघी काम् हर््जजा गरायाको नीमे[क]स््ममेत् थप गरी मं- जुरीको कागज लेषी नीज साहुलाई दीञा । इती संव-त् १९६३ साल् वैसाष ६ गते ४ वार शुभ््मम् । ---

[*1r-part2*]

<sup>1</sup> 8

[Unknown fingerprint] [Fingerprint of Budhīmāna Bhoṭe] [Signature of Vṛṣa Bāhādura Thāpā] [Fingerprint of Māna Bahādura] [Signature of Māhāvīra Khatrī] [Signature of Jayanārāna Pādhyā Ḍhuṃgānā] [Signature of Jīvarāja Pādhyā]

<sup>1</sup> साछी


Translation:

[*1r-part1*]

*Śrī*

Śrī Mahīndradala78 – 1

45

Written by Kamāne Bhoṭe, aged 18, a resident of Khālsā, Ḍaḍhuvā Ḍāḍā, Chāpaṭāra within [the confines of] Sāgācoka.

<sup>78</sup> The Mahīndradala company of Nepal Army was established in 1845 January (1st of Māgha, VS 1901) during the reign of King Rājendra. During the early Rāṇā period, it was given the responsibility of managing ammunitions of the Topakhānā. Before restructuring of Nepalese Military in 1952, it functioned as Mahīndradala Palṭana. After 1952, it became Mahīndradala Battalion (Vaidya, Mānandhara and Basnyāta 2009: 293–96).

*Āge*: In accordance with myself (*mero jyū*, lit. "my body") having been approved as an usufructuary bondservant (*bhoga bā̃dhā*) by my father Vikmān Siṃ Bhoṭe after he took a loan of 37 *mohararupaiyās* 50 *paisās* as the principal (*sāvā*) from Pīra Mahanta Kulmān Giri, I willingly lived and worked in the house of the aforementioned creditor (*sāhu*) as a bondservant from the month of Phāguna of the year [...]79. [While I was doing so], my elder half-brother, Budhimān Bhoṭe, beguiled me into running away in the month of Kārtika of the year [VS 19]60, and had me made a salaried employee (*darmāhadāra*) at the house of Rāmanātha Bhāṭa Rānā—the *subedāra* of the 10th Squad (*paṭṭī*) of –1– (i.e., Mahīndradala) *palṭana*—residing temporarily at Kāṭhe Siṃbu<sup>80</sup>. Since I kept this matter a secret and caused harm to the creditor's work, and now that I have been caught, I agree that [an amount of] 34 *mohararupaiyās* and 80 *paisās* should be added to the principal, as calculated according to the law (*Ain*), at the rate of 4 *paisās* per day as compensation for loss caused to the creditor's work for [a period of] 2 years and 5 months. Currently, I have no prospect [of being able] to pay this sum. Of the amount 34 *mohararupaiyās* and 80 *paisās* for the value of the daily work (*nimeka*), after subtracting a total of 12 *mohararupaiyās* compensated by my elder brother—5 *mohararupaiyās* in cash and 7 *mohararupaiyās* as written in a written agreement (*tamasuka*) handed over to the creditor—there remains 22 *mohararupaiyās* 80 *paisās* along with the principal 37 *mohararupaiyās* 50 *paisās*, amounting to a total of 60 *mohararupaiyās* 30 *paisās*, [in words,] sixty *rupaiyās* thirty *paisās*. [For this money,] I have agreed to remain, according to the rule (*sāvikbamojima*), a bondservant in the house of the creditor. From now on I will remain throughout [all] eight *praharas* (i.e., around the clock) in the house of the creditor and work [for him]. In case I fail to do so, or cause loss to the [creditor's] work by running away, catch me and take the daily fine according to the law. Set me free on the day I pay off the aforementioned amount of 60 *mohararupaiyās* 30 *paisās*. I will not file any [future] complaint. I have willingly written this deed—[wherein I] declare the witnesses [mentioned] in the margin as valid, assign the aforementioned Budhimān as bondsman (*jiu jamānī*), and [accept] the addition of the daily [amount] for the loss in work I caused earlier—and have handed it over to the creditor.

<sup>79</sup> The year is unreadable in the available facsimile. However, it can be confirmed as VS 1956 from the Document 3.4 (K\_0348\_0040) which is the original bond deed where Kamāne was approved as a bondservant.

<sup>80</sup> Kāṭhe Siṃbu is the locality around the Śāntighata Caitya at Naghal Ṭola in central Kathmandu.

Wednesday, the 6th solar day (*gate*) of Vaisākha in the [Vikrama] era year 1963 (1906 CE).

[*1r-part2*]

[Unknown fingerprint] [Fingerprint of Budhimān Bhoṭe] [Signature of Vṛṣa Bāhādura Thāpā] [Fingerprint of Māna Bahādura] [Signature of Māhāvīra Khatrī] [Signature of Jayanārāna Pādhyā Ḍhuṃgānā] [Signature of Jīvarāja Pādhyā]

Witnesses:

Budhimān Bhoṭe, resident of the same Chāpaṭāra, I who willingly stand as bondsman and have signed, stating: "If my half-brother Kamāne Bhoṭe, the usufructuary bondservant, runs away, I will capture him and present him back to you. If I fail to do so, I will stay as bondservant in his place." – 1

Pu. Go Squad 8 Ka. Vṛṣa Bāhādura Thāpā [of] Dolkhā, Phedā5 – 1 Ditto Squad 9 Mī. Māna Bahādura Thāpā [of] Tīlpuṃ – 1 Mahīndradala, Squad 10 Māhāvīra Khatrī [of] Sīpā Baḍahare – 1 Jayanārāna Pādhyā Ḍhuṃgānā aka Bhoṭu [of] Chālīṃ – 1 Scriber Jīvarāja Pādhyā [of] Bāneśvara – 1

#### Commentary:

Kamāne Bhoṭe was assigned as a bondservant by his father, Vikmān Siṃ Bhoṭe, in VS 1956 (see Document K\_0348\_0040 for the original bond). However, the original debtor Vikmān Siṃ is not mentioned in this document and one can assume that he must have passed away during the gap of six years the two documents were written. If it is the case, this may also be considered as a case of debt inheritance.

The document stipulates that the bondservant Kamāne Bhoṭe is to pay a fine of four *paisās* per day for the period during which he had run away. This amount is in accordance with the *Ain* of 1854 (Ain-54 § 80.9) which states that daily *nimeka* of a bondservant is one *ānā* (= 4 *paisās*) as long as the accumulated total of *nimeka* is less than the original amount of money (*thaili*), in the case when a runaway bondservant is captured.

3.6 A loan agreement involving a slave put up as collateral (K\_0281\_0045)

Edited and translated by Manik Bajracharya; Dated VS 1976 (1919 CE); Guṭhī Saṃsthāna, Bhadrakālī, 6, Bā. Da. Po. no. 3 and 4; microfilmed as NGMPP K 281/45; for digital edition, see DOI: https://doi. org/10.11588/diglit.36997.

Edition:

श््रीीः\


Read: *nāma*.

3. Documents on Bondservitude — 77

```
6 लीयाको ठीक् साचो हो । वाफत् दंन््ड82 वीसयेमा हीरा
7 सीीं थापाले तीरीदीयाको हुनाले नीज हीरा सीीं थापाला-
8 ई तीर््न लीयाको हस््ववा83 रुपैञाको भाका करवर येही
9 आउन््यया ७७ साल्का जेस्ठ मैनाका दीण १२ ञाहा
10 लेषीयाका रुपैञा सापटको सापट वुझाउला । स््ववा84
11 भाका नाघ््यये भने येसै मीतीमा धीतो रहेको रवे कमारो
12 चार रत्नको चोखो भयाको कमारो आर्को परम्-
13 भट्टा नलेषी येसै कागजको सदर गरी लीनु । पछी म-
14 रे भाग््यये मीती वार मोरे भाग््यये नीमेक् कमारो लेउ भनी
15 म आसामीले नभंनु । मीती पार मोरे भाग््यये मेरो कमारो
16 लेउ रूपैञा वुझाउ भनी नभंनु । मेरा मंमा षुसी रा-
17 जीले दाम् दोहोरी वुझीलीञा । यो तमसुक लेषीदी-
18 याको साउका पुर््वतर््फको दलानमा लेषीदीयाको
19 हो । येस वेहोराका साछी फट््ककेपट्टी लेषीदीयाको
```

```
20 छु । मीती सदर । शु । ---
```
Translation:

Śrī

Number 157

[Signature]: Lāl Bāhādura Khatrī Chetrī

Witnesses:

[Signature]: Dān Bāhādura Khatrī Chetrī

[Signature]: Hīrā Siṃ Thāpā Chetrī

[Fingerprint]: Vīra Khatrī Chetrī

Abhaya Siṃ Khatrī Chetrī

[Signature]: I, Lāl Bāhādura Khatrī Chetrī, the debtor of [this] deed, have been approved [as such].

82 Read: *daṇḍa.* 83 Read: *so.* 84 Read: *so*.

Hail! On the auspicious Monday of the 8th solar day (*gate*) of Pauṣa in the [Vikrama] era year 1976 (1919 CE), [I,] the debtor (*dhana behorīnī*), Lāl Bāhādura Khatrī Chetrī by name, resident of Raspura Village, have truly received 142 current silver *mohararupaiyās* from the creditor (*dhanī*), Vīra Bāhādura Khatrī Chetrī by name, resident of the same village. I have borrowed this money to repay Hirā Siṃ Thāpā, inasmuch as the latter paid [a similar amount earlier as] the fine for an offence (*bāphat*) [of mine]. I solemnly promise to return the same amount [of money] as borrowed<sup>85</sup> on the 12th of the month of Jyeṣṭha in the coming year [VS 19]77. If this promise is broken, [Vīra Bāhādura] shall take in his ownership, on that same date, the pledged male slave Rave, who possesses the four gems86, considering this deed as valid [in] itself, without [any need] for a separate *paramabhaṭṭā* to be written. If [the slave] dies or escapes—[that is,] if he dies or escapes before the [fixed] date—I, the debtor, shall not say: "Give me the value of the labour (*nimek*) [of the slave] or [the price of] the slave." If he dies or escapes beyond the [promised] date, [the creditor] shall not tell: "Give me my slave [or] pay me the [debt] money." I have gladly and of my own free will received this money. This agreement (*tamasuka*) was written on the creditor's eastern veranda. I have written down the witnesses to this document in the margin (*phaṭke*). The [aforementioned] date is valid. Auspiciousness.

#### Commentary:

This document records a loan of money taken out by Lāl Bāhādura from Vīra Bāhādura in a village called Raspura. The identity of this village is unknown. However, since this document was among a bundle of documents from Pyuthana, Raspura is presumably a village in the same general area. The document mentions that the debtor took the loan in order to repay an earlier loan from Hīrā Siṃ Thāpā, who had paid at fine on his behalf for an offence committed earlier.

The document mentions that the debtor has put up his slave Rave as collateral for the loan. The slave would automatically pass to the creditor if the loan was defaulted.

<sup>85</sup> The formulation used *sāpaṭako sāpaṭa* refers that the amount to be returned would be the same as the borrowed amount, without applying any interest. This leads us to the understanding that the slave was a usufructuary pledge, and that his service to the creditor compensated the interest.

<sup>86</sup> The four standard qualities of a trusted slave, probably being free of certain disease or sins.

## **4. Documents on Emancipation of Slaves before 1924**

4.1 A lālamohara of King Girvāṇayuddha emancipating a family of Patan from slavery (DNA\_0012\_0065)

Edited and translated by Manik Bajracharya; Dated VS 1858 (1802 CE); National Archives Nepal, Ms no. 297; microfilmed as NGMPP DNA 12/65; for digital edition, see DOI: https://doi.org/10.11588/ diglit.32500.

Edition:

[*1r*]

<sup>1</sup> [श्रीदुर््गगास]हाये \

[Royal seal]


```
10 गर । ईति सम््वत १८५८ साल मिति चैत्र सुदि १२ रोज ४ शुभम् ।
```
[*1v*]


Translation:

[*1r*]

May the glorious Durgā succour [us]!

[Royal seal]

Hail! [A decree] of him who is shining with manifold rows of eulogy [such as] "The venerable crest-jewel of the multitude of mountain kings" and Nāranārāyaṇa87 etc., high in honour, the venerable supreme king of great kings, the thrice venerable great king, Girvāṇayuddha Vikrama Sāha, the brave swordsman, the divine king always triumphant in war.

To Machindra of Dhalāche Ṭola in the city of Patan.

Earlier, when Nepāla (i.e., the Kathmandu Valley) was conquered<sup>88</sup>, your family was degraded in cast and made slaves. Today, I have freed you and your sons and daughters by removing the title of your status as slaves. Mindful of proper conduct (*khātirajāmā*), perform together with your fellow caste brothers the acts of *dharma* that have been passed down within the tradition of your clan and arrange marriages for your sons and daughters.

Wednesday, the 12th of the dark fortnight of Caitra in the [Vikrama] era year 1858 (1802 CE). [May there be] auspiciousness.

[*1v*]

297

Attested by Bam Sāha.

Through [the hands of] Bakhatavāra Siṃha.

Attested by Sera Bahādura.

Attested by Narasiṃha.

87 An epithet of Kṛṣṇa.

88 *mārdā*, lit. "when (it) was killed".

4. Documents on Emancipation of Slaves before 1924 — 81

#### Commentary:

This document was issued in the year 1802 by King Girvāṇayuddha Vikrama Sāha (r. 1799–1816). The king was only five years old at the time, and was ruling under the regency of Queen Suvarṇaprabhā. The document states that (the ancestors of) Machindra of Dhalāche89 were enslaved (probably by Pṛthvīnārāyaṇa Śāha) during the conquest of the Valley, and that he, together with his offspring, were now being freed. It further states that the subject should, with all good intent, follow the traditions of his clan, establish good relations with his fellow clan members, and arrange marriages for his offspring. The document was attested by Bam Sāha90, Sera Bahādura91 and Narasiṃha. The document is also signed by Bakhaṃtavāra Siṃha92 as a witness.

The subject in the current document, Machindra, was presumably a Newar of Patan. It is not clear from the document which caste of Newars this Machindra belonged to, or whether he or his ancestors belonged to an Enslavable caste.

#### 4.2 A copperplate inscription by Buddhirekhā Godārni recording the emancipation of a slave and a variety of implements offered to Paśupati (PN\_0002\_0030)

Edited and translated by Manik Bajracharya; Dated VS 1863 (1806 CE); Paśupati Gośvārā; microfilmed as NGMPP PN 2/30; for digital edition, see DOI: https://doi.org/10.11588/diglit.36939.

Edition:

<sup>1</sup> श्री दुर््गगाज््ययू \

92 Probably Kājī Bakhatavāra Siṃha Basnyāta who was a *kājī* during the rule of Mukhtiyāra Dāmodara Pā̃ḍe (cf. M.R. Panta VS 2021: 68–73).

<sup>89</sup> The locality of Dhalāche lies in the eastern quarter of the city of Patan, near Sundhārā.

<sup>90</sup> Bam Śāha was the *cautarīyā* of Kumaun during the Anglo-Nepalese war of 1814–16, and witnessed the defeat of Almora in April 1815. For a report sent by him from the battleground of Nālāpānī, see DNA\_0002\_0019.

<sup>91</sup> Probably this is the same Sera Bahādura who was a son of King Siṃhapratāpa and a step-brother of Raṇabahādura. He is thought of having killed Raṇabahādura in 1806 and was himself immediately killed.

```
1 श्री पशुपति ५
```

```
8 एति धनमा लोभानि पापानि जो गर््लला ---५ ---कुद्रिष्टि पंचमा-
```

```
9 हापातक लागला । पत्र लेषक साछि शक्तिवल््लव देवकोटा ईति शु-
```

```
10 भमस््ततु ।
```
Translation:

Glorious Durgā

Glorious Paśupati – 5

Hail! Written by Buddhirekhā Godārni on Thursday, the 5th of the bright fortnight of Āśvina in the Śaka year 1728, [Vikrama] era year 1863 (1806 CE).

*Āge*: of my *pevā* property, I have joyfully offered these things to –5– (i.e. glorious Paśupati): a gold *bīja* (ornament) together with the band (*bījabanda*) [that I had worn] on my neck, a water-pot (*lohoṭā*), a plate (*thāla*), a bowl (*baṭuko*), a flat ladle (*paniu*), a ladle (*ḍāḍu*), a chamberpot (*koparā*), an oil lamp (*diyo*), a hair-brush (*thākro*), a comb (*kāṃgyo*), a curved kitchen knife (*culyā̃si*), a straight kitchen knife (*syā̃gī*), a large water-vessel (*gāgrī*), and a *kharkado*93 vessel. I have freed the female slave Dhanāvatī, a *pevā* property of mine bought for 15 rupees.

The witnesses to this [copper]plate are: my son Rājabala Thāpā, 3 daughters, a daughter-in-law, 2 grandsons, Udyotadevanārāyaṇa Pādhyā Ḍhuṅgānā and Kavirāja Bhaḍārī. Whoever acts out of greed and sin towards this property will be struck by the evil eye of –5– (i.e. glorious Paśupati), and will incur the five great sins (*pañcamahāpātaka*). Śaktiballava Devakoṭā is the writer of and a witness to this [copper]plate. Auspiciousness.

<sup>93</sup> Also known as *khaḍkũlo*, a wide-mouthed vessel generally made of copper and used for cooking.

### Commentary:

This is a copperplate dating to 1806 found at the Paśupati temple. The text on it records the offering by a certain Buddhirekhā Godārni of various kinds of implements and ornament to the temple. The patroness also freed a female slave named Dhanāvatī. The witnesses to this document include the patroness's son, daughters, a daughter-in-law, grandsons and three other persons. For another document regarding the freeing of slaves at the Paśupati temple, see Document 4.4 (PN\_0004\_0065). An edition of this document has been published in Śreṣṭha 1974: 104–5.

## 4.3 A copy of an emancipation deed issued to Gajakesara (RRC\_0019\_0444)

Edited and translated by Manik Bajracharya; Dated VS 1864 (1808 CE); Regmi Research Collection, vol. 19, document no. 444, p. 371; Archived at the Tribhuvan University Library, Kirtipur; microfilmed as NGMPP E 2426/2; for the digital edition, see https://nepalica.hadw-bw. de/nepal/editions/show/47508.

Edition:

```
1 ५३९ नं
```

```
1 आगे गज सीीं खत्रीको छोरा गजके सरके ।
```

Translation:

No. 53994

To Gajakesara, the son of Gajasiṃ Khatrī. We have freed you from your slave (*gulāmī*) status. You are henceforth a Khatrī. Wear the

94 This probably is the number given in the original register.

sacred thread (*janai*), mindful of proper conduct. Become associated with fellow members of your own caste. The date is valid.

Sunday95, the 30th [solar day] of the dark fortnight of Caitra [in the year VS 1864 (1808 CE)]96.

#### Commentary:

This document, found in the Regmī Research Collection, volume 19, p. 371, is a copy of a *lālamohara* issued in 1808. The *praśasti* was left out of the copy, but from the date it is clear that the document was issued by King Gīrvāṇayuddha Vikrama Śāha. This royal order emancipates Gajakesara from slavery. It also grants him membership in the Khatrī caste, that of his father Gajasiṃ Khatrī. Etymologically, the caste name Khatrī is derived from Sanskrit *kṣatri*/*kṣatriya*. Another caste name, Chetrī, derived from the same Sanskrit term, belongs to the group of Sacred Thread-wearers and forms the largest caste group in Nepal. Khatrīs and Chetrīs are similar, but not the same. According to Ain-54 § 23.30, Khatrī is the caste assigned to an abandoned child of unknown caste if kept by a Brahmin. A child born of a slave woman with a Brahmin master also becomes a Khatrī (see TND, s.v. *kamāro*). Similarly, offspring of the union of an Upādhyāya Brahmin male and a Chetrī female or of a Chetrī male and a female of a lower but pure caste becomes a Khatrī (see Höfer 2004: 54–55).

This Gajakesara Khatrī was appointed as a captain with the Candana Nātha Palṭana in VS 1889 (RRC 27.160: 165). Gajakesara's father, Gajasiṃ Khatrī, was a *subba-ijārādāra* of Bara, Parsa and Rautahat in 1797 (RRS 19.11–12: 172) of Morang until 1803 (RRS 19.6: 84), and a *sardāra* in 1805 (RRS 19.7–8: 98). An English translation of this document is available in Regmi (1987: 172).

95 Reading of the number 1, denoting Sunday, is unclear in the original.

96 The year can be confidently assigned, given that the document is one of a series of jointly filed documents from the same year.

4.4 A copperplate inscription recording the emancipation of three women from slavery by Sundara Giri and his wife (PN\_0004\_0065)

Edited and translated by Manik Bajracharya; Dated VS 1869 (1813 CE); Paśupati Gośvārā; microfilmed as NGMPP PN 4/65; for the digital edition, see DOI: https://doi.org/10.11588/diglit.36940.

Edition:

<sup>1</sup> श्री \

```
2 श्री पसुपति
```

```
1 स््वस््तति श्री साके १७३४ संम््वत १८६९ साल मिति फागुनमा-
```

```
2 से दिनगत २६ तदिने सूंदर गिरि र सूंन््दर गिरिकि स््ववा-
```
<sup>3</sup> स्निले लक्ष्मि १ कोइलि १ ज््ववाला १ यो तिन जना कमारिला-

```
4 ई ---का दषिन् दर््ववाजामा भादा टाम््ववाका दि {...}दो-
```

Translation:

Śrī

Glorious Paśupati

Hail! On the 26th solar day of the month of Phālguna in the Śaka year 1734 and the [Vikrama] era year 1869 (1813 CE), we, Sundara Giri and Sundara Giri's wife, have freed these three female slaves— Lakṣmi, Koili and Jvālā—by giving copper utensils at the southern door of --- [i.e., glorious Paśupati],97 and by cutting off the *ḍoko*

<sup>97</sup> The original text has *daṣin darvājāmā bhādā ṭāmvākā di naḥ*. Here, I have considered the letter *naḥ* as superfluous. Also, it is not clear whether the copper utensils were given to the slaves or to Paśupati. In Document 4.2 (PN\_0002\_0030), household utensils were offered to Paśupati while freeing a female slave. If it is the case, Paśupati would be the recipient, and the offering was made to the outer door of the temple for the slaves would not be allowed inside.

[from] the *nāmlo*. <sup>98</sup> If anyone creates a dispute at a [future] point in time (*kālakalā*),99 he will be struck with the evil eye of --- [i.e., glorious Paśupati]. The witnesses to this act are: Viṣṇu Nārāna, Bhavāni Giri, Rāmā Purī Gosāñi, Rūpa Nārāna Giri [and] Bakhatavara Giri. Auspiciousness.

Commentary:

This is a copperplate dating to 1813 found at the Paśupati temple. The text on it records formal measures a certain Sundara Giri took to free three female slaves. Interestingly, the document mentions that during this ceremonial act, Sundara Giri offered some copper utensils and cut off a carrying strap (*nāmlo*) from its basket (*ḍoko*), perhaps as a symbol of the labourious work the slaves no longer had to carry out. Maskey (1996: 34) mentions of this ceremonial procedure, referring to a document of 1877 from Foreign Political A of the National Archives of India: "The slave takes a Dhoka (*doko*) or basket on his or her back with a goat in it, and the master cuts and (sic!) band by which the Dhoka (*doko*) is held, and which passes round the forehead of the carrier. The slave is then free."

The document lists five persons as witnesses to the act. The donors and the witnesses mentioned in the document belong to the *daśanāmī* order.

For another document regarding the freeing of slaves at the Paśupati temple, see Document 4.2 (PN\_0002\_0030).

<sup>98</sup> A *ḍoko* is a basket, commonly made of woven bamboo, carried on the back. A *nāmlo* is a strap to secure the *ḍoko* round the forehead or neck.

<sup>99</sup> N. Panta et al. (VS 2025: 1039 n.) state that *kalakalā* is equivalent to *kālakālāntaramā*.

4.5 A copy of adeed of emancipation written by Rājakumāri Pãḍenī for her slaves Indravadan and Ujīra Khavāsa (K\_0118\_0032)

Edited and translated by Manik Bajracharya; Dated VS 1943 (1887 CE); Guṭhī Saṃsthāna, Bhadrakālī, Garuḍanārāyaṇa Guthi, Po. no. 49, Ms. no. 11; microfilmed as NGMPP K 118/32; for digital edition, see DOI: https://doi.org/10.11588/diglit.37017.

Edition:

[*1r-part1*]


```
1 श्री पसुपतीनाथ
2 २
```


[*1r-part2*]


Translation:

[*1r-part1*]

*Śrī*

Glorious Guhyakālī – 1

Glorious Paśupatinātha – 2

Attested, signature; Shamir Shumshere

180

No. 11

Signed by Ujīre Ghartī in attestation that the copy is identical with the original

A fingerprint signature under a seal reading "The feet of glorious Kṛṣṇa [are] the refuge [of] Rājakumārī"; [and] since the (foregoing) signature, in a different ink (from the rest of the document), is unattested, [the name] Prema Bāhādura has been written.<sup>100</sup>

Written by Kajenī<sup>101</sup> Rājakumārī Pãḍenī Chetryānī, resident of Naradevī Ṭola, to the female slave (*keṭī*) Indravadan and her son, the slave-boy (*keṭo*) Ujīre, [both acquired as] dowry.

"We have been attending and serving you from the past up until today. If now you provide us with a deed of emancipation (*pārapatra*), we will attend you throughout [all] eight *praharas* (i.e., around the clock) to take care of you with honest intent for the remainder of your life. While serving you, [our] mistress (*sāhebako sarir*, lit. mistress's body), we will do so by keeping alive [our] faithfulness, devotion and duty [to you]. Regarding money, valuables and property, if ever we intend you [our] mistress ill, may it never go well with us. We will not leave you

<sup>100</sup> Written in the left margin. The fingerprint in the original must have been that of Rājakumārī. She would have had to sign the document in addition to her seal to make it official. Prema Bāhādura probably was an authority who was called upon to confirm the validity of the signature.

<sup>101</sup> *Kajenī* refers to the wife of a *kājī*.

and go elsewhere out of greed and sinfulness, having intended you ill, committed a crime, or intended something unlawful towards you. In accordance with the deed of emancipation granted by you, we will each act according to our wishes after your death. If, instead of remaining within [the terms of] agreement written in this deed, we go elsewhere while you are still alive, or if we, going [down] to sin and destruction from listening to [my] husband or anybody else, fail to remain within [the terms of] the agreement and go elsewhere, then—even if you have granted us the deed of emancipation, with the deities –1– (i.e., glorious Guhyakālī) and –2– (i.e., glorious Paśupatinātha) and five notables as witnesses—make us [your] slaves [again] and do [with us] as you wish. Since you have provided us with a deed of emancipation, we might mount a legal appeal (against re-enslavement). However, our [case] would admit of no appeal. We would not appeal; there is no appeal (we could mount). If we did file an appeal, please declare such a document as invalid. The agreement (*kabulapatra*) is [valid] only after your death. Nevertheless, we will not [afterwards] serve your descendants, rightful inheritors or anybody else. In accordance with this document, we will each live as we please."

I have written [this] deed of emancipation (*pārapatrako nāmāpatra*) willingly, having given instructions to act according to what is written in this document, and have handed it over to the aforementioned [persons acquired as] dowry, Indravadan and her son Ujīra Khavāsa.

Witnesses: Leutenant Bhīmbala Kavara, resident of Choḍola – 1, Harṣananda Gubhāju, resident of Asan – 1, Captain Indradhvaja Pāḍe, resident of Naikaṃtalā,

#### [*1r-part2*]

Captain Viṣṇukumāra Pāḍe, Major Adjutant Ṭeka Bāhādura Pāḍe, SubedāraBaladhvaja Bhaḍārī Chetrī, resident of Ṭhamela [and] the scribe [and] witness Prayāgadatta Pādhyā.

The 2nd (i.e., Monday?) of the 7th of the dark fortnight of Phālguna in the [Vikrama] era year 1943 (1887 CE).

#### Commentary:

This is one of two documents copied together in a collection belonging to the Garuḍanārāyaṇa Guṭhī. Both this and the other document, K\_0118\_0033, officialise the emancipation of slaves Indravadan and Ujīre by Rājakumārī Pãḍenī. In the left margin of the document, Ujīre Ghartī attests that the copy is identical with the original. It is not clear if this Ujīre Ghartī is the same Ujīre slave mentioned in the document. Both the documents, K\_0118\_0032 and K\_0118\_0033, are good examples of how the slaves were made to work for their masters even after their emancipation.

For documents regarding a legal case involving Rājakumārī Pãḍenī, see K\_0175\_0018, K\_0118\_0039 etc., K\_0175\_0032 and K\_0175\_0033, which are the receipts of an expiation fee paid by her, and K\_0175\_0034, which is a *patiyā-pūrjī* issued to her.

### 4.6 A copy of a deed of emancipation written by Rājakumārī Pãḍenī for her slave Gopāle (K\_0118\_0033)

Edited and translated by Manik Bajracharya; Dated VS 1943 (1887 CE); Guṭhī Saṃsthāna, Bhadrakālī, Garuḍanārāyaṇa Guthi, Po. no. 49, Ms. no. 12; microfilmed as NGMPP K 118/33; for digital edition, see DOI: https://doi.org/10.11588/diglit.36996.

Edition:


<sup>1</sup> श्री


Translation:

*Śrī*

Glorious Paśupati [and] Guhyeśvarī

No. 12

Signed [by] Gopāla

Signed by Gopāle Ghartī in attestation that the copy is identical to the original

Hail! From Śrī Kajenī Rājakumārī Pãḍenī Chetryānī, resident of Naradevī Ṭola, to the slave-boy Gopāle, the son of Harivadaṃna.

Your mother was [for a long time] taking care of me. In the month of Māgha in the year [VS] 1943, your mother became sick, kept crying out and could not be cured, and on the full moon day of Māgha, on *vākā*<sup>102</sup> *caturdaśī*, as she was being brought to the burning *ghats*, she said: "The time of my death has come. My son, Gopāle, is still

102 Meaning unclear.

a child. I have served you with loyalty. If you could spare us, mother and son, from the subjection of [slave] labour (*kāmakara*), our future would flourish, and it would also be meritorious for you." I therefore freed your mother from the bondage of labour then and there and since you were a child, I had freed you as well. Since your mother has died, and since you are still a child, I have freed you from bondage [on condition] that you [serve me] for the remainder of my life. Serve me. I free you from the bondage of labour, to take effect after my death. Live according to your wish [from that time on]. After my death, may whoever among the rightful claimants of my inheritance, out of greed or evil intention, holds you [back], considering you as a household slave (*kariyā*), incur the five great sins, be struck by the evil eyes of [glorious Paśupati and Guhyeśvarī]<sup>103</sup>, and endure hell. Having written [this] deed of emancipation willingly, I handed it over to you, Gopāle. The witnesses to this letter are: Lieutenant Bhimbala Kũvara of Chauḍola – 1, Devanīdhī Pādhyā of Rupiṃ – 1, Vaida – 1, Khaṅgadhvoja Bha[ṇ] ḍārī Chetrī of Ṭhamela – 1, [and] the witness of the writer Prayāgadatta Pādhyā.

Sunday, the 14th of the bright fortnight of Māgha in the [Vikrama] era year 1943 (1887 CE). Auspiciousness.

A fingerprint signature under a seal reading "The feet of glorious Kṛṣṇa [are] the refuge [of] Rājakumārī"; [and] since the (foregoing) signature, in a different ink (from the rest of the document), is unattested, [the name] Prema Bāhādura has been written.

#### Commentary:

This is one of two documents copied together in a collection belonging to the Garuḍanārāyaṇa Guṭhī. Both this and the other document, K\_0118\_0032, officialise the emancipation of slaves by Rājakumārī Pãḍenī. In this document, Harivadaṃna and Gopāle, mother and son, are emancipated on the former's deathbed. The son, Gopāle, is freed on condition that he serve Rājakumārī throughout her life. The document explicitly states that the descendants of Rājakumārī shall have no authority over the freed slave Gopāle.

## 4.7 A copy of an order emancipating the slaves owned by Samara Bahādura Rājabhaṇḍārī (RRC\_0053\_0029)

Edited and translated by Manik Bajracharya; Dated VS 1943 (1886 CE); Regmi Research Collection, vol. 53, document no. 29, pp. 168-70; Archived at the Tribhuvan University Library, Kirtipur; microfilmed as NGMPP E 2460/2; for the digital edition, see https://nepalica.hadw-bw. de/nepal/editions/show/37660.

Edition:

[*168*]


[*169*]

 याका हुकु म मर्जीका २ छापे पुर्जी मोतावीक मोगलानाका वागी राणाजीसंग लेखपढी गर्याको इन््हहेरूले हाम्रा हजुरमा जाहेर गर्याका रीझ वापत नीज कर्णेलको र नी- जका संतान दरसंतानको र नीज कर्णेल- का हकवाला दाजुभाईको संतान दरसं- तानको लाग नास््तति गरी तपसील वमोजी- मका नीज ईन्दद्र र नीजका जहानस््ममेत जना ७ लाई हामीवाट पार गरीवक््स््यौौं आफु खुसी भै आफ््नना षुसीसंग वसन््यया काम गर भन््यया वेहोराको नीज ईन्दद्रस््ममेत तपसी- लको कमारा कमारीका नाउमा पारपत्रको

4. Documents on Emancipation of Slaves before 1924 — 95

```
23 रूक्का दष््खत गरीवक््सनु पर््न्यया ठहरा-
24 ञ््ययू जो मर्जी हुकु म भनि सदर जंगी कोत
25 वाली ईन्दद्रचोक ठानावाट हाम्रा हजुर-
26 मा वीन््तती पार््ददा जाहेर भयो । तसर््थ नीज क-
27 र्णेलले मोगलानामा गयाका वागी राणा-
```
[*170*]


```
33 नास््तति गरी ईन्द्रेका तपसील वमोजीम-
```
	- नीज ईन्द्रे ---१ ऐंको आमा वडी १ ऐंको दाजु जसवीरे १ ऐंको भाई माहावीरे १ ऐंको वैन््हही गुलाफी १ ऐंको स््ववास्नि चीनीञा

```
वदत ---१
```

```
ऐंको भाई कु हारीमीरा १
```

```
42 ईति सम््वत १९४३ साल मीति श्रावण
```

```
43 वदी ६ रोज ५ सुभम् ।
```
Translation:

[*168*]

[No.] 129<sup>104</sup>

#### *Praśastisau*<sup>105</sup>

*Āge*: to the male and female slaves listed [below] belonging to Lieutenant Colonel Samara Bahādura Rājabhaṇḍārī.

Concerning the following (*yathocita uprānta*): [The following] became known to us when the Central Police Station (Sadara Jaṅgī


Koṭavālī Īndracoka Ṭhānā) put a request to us stating: "In accordance with a double stamped order106 of Tuesday, the 1st of the bright fortnight of Āṣāḍha in [VS 19]43 addressed to the administrative head and the staff of this office, stating that a *sanada* [in the form] of a deed of emancipation should be issued to the entire family of a slave who reported that Samara Bahādura Rājabhaṇḍārī has engaged in correspondence with rebel Rāṇās living in Mogalānā (i.e., India). We recommend that Your Excellency issue an executive order (*rukka daskhata*) [in the form] of a deed of emancipation (*pārapatra*) in the name of the listed slaves including Īndra, with the following details:

[*169*]

'For the good services of these [slaves] who have reported to us (i.e., to the king and the prime minister) about the correspondence engaged in [by Samara Bahādura] with rebel Rāṇās living in Mogalānā, we have emancipated the 7 [slaves]—including the aforementioned Īndra and his family members included in the list [below]—so that the aforementioned Colonel [Samara Bahādura], his descendants, his siblings and their descendants with a claim to them shall lose [all such] claim. Live happily and according to your own wishes'."

[*170*]

For this reason, as a reward for the good services of Īndra in reporting to us that the aforementioned colonel has been in correspondence with the Rāṇās who have gone to Mogalānā, we have emancipated the 7 family members of Īndre listed [below] so that the aforementioned Colonel [Samara Bahādura], his descendants, his siblings and their descendants with a claim to them shall lose [all such] claim. Live happily and according to your own wishes.

Particulars (*tapasila*):


<sup>106</sup> *Hukuma marjī*, i.e., order of both the king and the prime minister (cf. Michaels 2005: 92 fn. 6). The double stamp in this document therefore refers to that of King Pṛthvī Vīra Vikrama and Prime Minister Bīra Śamśera Rāṇā.

Thursday, the 6th of the dark fortnight of Śrāvaṇa in the [Vikrama] era year 1943 (1886 CE). Auspiciousness.

#### Commentary:

This document, copied into Vol. 53, pp. 168–70 of the Regmi Research Collection, is an order from the king/prime minister regarding emancipation of seven slaves belonging to Lieutenant Colonel Samara Bahādura Rājabhaṇḍārī. As it states, Samara Bahādura's traitorous activities of engaging in correspondence with rebel Rāṇās living in India was reported to the authority by Indre, one of the slaves. The rebel Rāṇās refer to the Jaṅga Rāṇās who took refuge in India after Bīra Śamśera's coup d'état of 1885. Samara Bahādura was the son of Colonel Siddhi Māna Rājabhaṇḍārī. R. Shaha (1990/II: 8) mentions of the incident when Bīra Śamśera was personally present in Khaḍga Śamśera's house to punish Samara Bahādura. This document has also been discussed in Regmi (1981: 63–64).

#### 4.8 An emancipation deed drawn up by Kaisāṃ Khunu to free his female slave Palsāṃ Buṭī after his death (E\_3446\_0032)

Edited and translated by Manik Bajracharya; Dated VS 1949 (1892 CE); Private collection of Tsering Wangdu, Nubri, no. 10; microfilmed as NGMPP E 3446/32; for the digital edition, see DOI: https://doi. org/10.11588/diglit.36827.

Edition:

[*1r*]

[A seal probably of Kaisāṃ Khunu]


```
8 छोरी पल््ससाां वुटीको मोल्मोलाई गरीली धर््म टेकाई दीन प-
9 र्यो भनी भंदा १९४९ सालका जेश््ठ शुदी ५ रोज २ का [दी]-
10 न्मा नीजहरूको मासीने जात् हुनाले पल््ससाां छीरीींका [छो]-
11 रि पल््ससाां वुटी वर््ष १४ भयाका परम्पट्टा र नीज के टीका [रा]-
12 जीनामास््ममेत्को कागज गरी मोल मोरू २५ नीज के टीका वावु
13 र आमासंग वुझाई कपाल्मा तेल् ठोकी ५।६ मैना कमारी
14 सरह काम् लगाई भोक् चलन् भयाको हो । हाल् के गरु ।
15 येस पल््ससाां वुटी कमारी मैले ली के ही प्रयोजन् छैन । पाप्[...]
16 कोठीमा वस््यया जस््ततो लाक्दा र येस केटिलाई आजसम््म क[मा]-
17 री छ तापनी अवप््रााँन््त मेरा जीयाभर जीऊपार गरीदीञ््ययूूं । [का]-
18 म्काज र मेरा चाकडी मेरा जीयाभर गर््ननु । मेरो जीया-
19 ले छोडनापछी जात पनी काम् पनी पारपर्छीना भयो । मेरा
20 सन्तान्वाट ७ पुस््ततातक् कसैले हाम्रा वावु वाजेको
21 कमारी हो भनी पक्रीइ दीन पाऊदैन । जसले दुष दीन््छ
22 कमारी भनी काम् चलायो भन््यया मेरा सराप्ले ज[ल]-
23 न हवस् । मेरा जीयाभर काम् चाकडीमा कटछ । जा[त्]-
24 मा कर छैन । नीज के टीको जात्भात् सुद्ध गरी मेरा जी[या]-
25 भरको काम्मात्र गर््ननु भंन््यये वेहोरको धर््मपत्रको
26 कागज लेषी ईस््वर107 जीऊमा अर््पनम् गरी नीज पल््ससाां
27 वुटीको वावु पल््ससाां छीरीीं २ जानीलाई सहीछाप् गरी
28 दीञ््ययूूं । येस वेहोराको साछी तहवील््ददार मर््गगा गुरुुं १ वंप-
29 रा थकाली १ सामागाऊका मनचीत् मुषीया १ ऐं गाऊका [...]
30 भोटे १ लेषत्108का साछी थाक्टुक्चेगाऊका काम् [...]
31 थकाली १ । मीती सद्र शु । ---
```
[*1v*]

```
1 श्रीसरस््वति भग[व]ति गुरु पिता चीत्रगुप्त नमस््ततु ते ।
```
Translation:

[*1r*]

[A seal probably of Kaisāṃ Khunu]

Hail! Written on Friday, the 9th of the bright fortnight of Kārtika in the [Vikrama] era year 1949 (1892 CE) [by] me, Kaisāṃ Khunu, resident of Sāmā Gāũ, [which lies] in the Aṭhāra Saya Kholā [region].

Uncertain reading.

Read: *lekhaka*.

*Āge*: During the rainy season of the year [VS 19]49, when a famine occurred in the immediate surroundings, Palsāṃ Chīrīṃ 2 *jānī* <sup>109</sup> and [their] daughter Palsāṃ Buṭī came to my house and said: "Our family has suffered excessively due to hunger and famine. Please save our lives." Palsāṃ Chīrīṃ 2 *jānī* then said: "Please determine a price for my daughter Palsāṃ Buṭī and uphold the *dharma* by accepting (i.e., buying) her." After he said this, since they were of an enslavable caste (*māsīne jāt*), on Monday, the 5th of the bright fortnight of Jyeṣṭha in the year [VS] 1949, after arranging a *paramabhaṭṭā* together with a deed of relinquishment (*rājīnāmā*) from the girl, [I] handed over 25 *mohararupaiyās* [as the price] for the 14-year-old Palsāṃ Buṭī to her father and mother. [The girl officially became my slave] through oil being applied to her head (*kapālmā tel ṭhokī*).

[I] have been assigning her work and using her as a slave for a period of 5 or 6 months. What shall I do now? I have no use for this Palsāṃ Buṭī as a slave. It has felt like living in a house of sin, and [therefore] even though this girl has been a slave up until today, I shall free her while I am [still] alive. Throughout my life she should work for and serve me. After my death she is free from both caste and work [obligations]. None of my descendants down to the 7th generation may take possession of her, stating: "[She was] the slave of our ancestors." May whoever trouble her or uses her for work as a slave be burnt [to death] under my curse. [Her time] will be spent in work and service [for me] throughout my life. She has no obligations [afterwards] regarding her caste. The said girl shall only work for the remainder of my life, [thereby?] purifying her caste and rice commensality [status].110 I have written this religiously solemnized document (*dharmapatra*), offered it to the body of the Lord, signed it and shall [now] hand it over to Palsāṃ Chīrīṃ 2 *jānī*, the father of the said [slave] Palsāṃ Buṭī.

The witnesses to this document are: Tahabildāra Margā Guruṃ – 1, Vaṃparā Thakālī – 1, Manacīt, the mukhiyā of Sāmā Gāũ – 1, ...<sup>111</sup> Bhoṭe of the same village – 1 and the witness of the writer Kām ...<sup>112</sup> Thakālī of Thākṭukce Gāũ – 1. The date is valid. Auspiciousness.

<sup>109</sup> The meaning is unclear. It may mean "2 persons", i.e., Palsāṃ Chīrīṃ and his wife. However, in line 27 of the document, the father of Palsāṃ Buṭī seems to be called Palsāṃ Chīrīṃ 2 jānī, as if 2 Jānī were part of his name.

<sup>110</sup> It is not clear whether she is purified first and proceeds to work for the rest of the master's life or the purification is something she herself does by serving for the rest of his life.

<sup>111</sup> A lacuna in the original.

<sup>112</sup> A lacuna in the original.

[*1v*]

I bow down to the glorious goddess Sarasvatī, [my] guru, [my] father and Citragupta.

Commentary:

This is a document from the collection of Tsering Wangdu of Nubri. It mentions the owner's applying oil to the forehead of the slave. One may assume that this was a ritual performed to formalize the act of enslavement. The Ain-54 repeatedly mentions the phrase *tela ṭhoknu*, "to anoint with oil", in the context of enslavement without explaining it further. This document places the practice within one concrete situation. Later in the document, the master declares that the slave girl's caste is purified (of its slave status), so that she would not remain enslaved after his death. This may prove that it was possible for a slave owner to raise the caste status of his slaves to a non-enslavable one, especially in a northern society. The identity of the master, Kaisāṃ Khunu, is not clear. Another document (Tsum\_0001\_0014) concerning tax collection in Pāro Gāũ of the Aṭhāra Saya Kholā region mentions the name Kaisāṃ Khunu as the *jimmāvāla*<sup>113</sup>.

4.9 A deed executed by Chiriṃ Buṭi of Sāmā Gāũ providing for the future emancipation of her female slave Kārto (L\_1200\_0016)

Edited and translated by Manik Bajracharya; Dated VS 1949 (1892/93 CE); Private collection of Tsering Wangdu, Nubri; microfilmed as NGMPP L 1200/16; for the digital edition, see https://nepalica. hadw-bw.de/nepal/editions/show/25031.

Edition:

<sup>1</sup>श्री \

[Unknown seal]

	- 113 *Jimmāvāla*: a revenue collection functionary in the hill districts.

```
1लिषितम् १८ स[य] षोला मध््यये स््ययारपट्टी भोट् सामागाउं वस्न्या
2सुव््ववेनि छिरिं वुटि । आगे यहि साल गाउमा साह्रो अनिका-
3 ल पर््ददा षाना वेगर सवै मर्या । हाम्रा पनि घरमा सावगास नहु-ुं
4 नाले अंन षाना वेगर मर््न लागीयो । मेरो ज््ययू दाता भै तपाञीका
5घरमा जुनिभर कारिया [करिया] भै वस््छछु भनि सोही गाउ वस्न्या छि-
6 रिं वुटी तोङाकी
                  114 छोरि कार्तोले मेरा घरमा आइ रुुंदा करा-
7 उंदा लौ भनि निज कार्तो वर््ष १८ उमेर भयाकी षाना वेगर मर््न ला-
8 ग्दा र निजकी आमा सानु छीरिं वुटिले पनि मजुर गरि साछी
9 ग््ववाहा115स््ममेत् राषि कागजपत्र गरि दीींदा निज के टीको मोल् वदे
10मोर्रु ३५ निजकी आमा सानु छीरिं वुटीका हातमा गनि दी नि-
11 ज कार्तोलाइ मानु ष््ववाइ काज लाइराष््ययाको हो । आज निज के -
12 टीको माञा लाग््ययो र यस््ललाइ पार दीन््ययै हो भंन््यया मेरा चीत्तमा
13लाग्नाले र अरू २ जनालाइ पनि मेरा षसम र छोराले
14स््ममेत्धर््म गरि छाडेको देष्दा मलाइ पनि छाडीदीउं भंन््यया
15लाग््ययो र निज कार्तो करिया हो ता पनि मेरा षसम्का ज््ययूता-
16 भर हाम्रा चाकडी गरि वस्नु षानु सेषपछि आफु सुषि भै जा-
17 हा मन् लाग्छ वाहा गै षानु वस्नु भनि धर््म जानि पार गरि
18दीञा । कालकला हाम्रा सन््ततान् दरसन््ततान् कसैले करिया
19होस् भनि कार्तोलाइ नपक्रनु । पक्र्यो भन््यया हाम्रा सन््ततान्को
20हार कार्तोको जित् भनि मेरा षुसि राजिसंग धर््म जानि
21हाड् चोषो गराइ पारपत्र लेषि निज कार्तोलाइ दीञा । इती
22सम््वत् १९४९ साल मीती पौष सुदी [ ]116 रोज [ ]117 शुभ््मम् ।
```
Translation:

#### *Śrī*

[Unknown seal]

Scribe, witness and writer (*rāiṭara*) Vākā Vīra Śreṣṭha, signed – 1

Written by SubbenīChiriṃ Buṭi, a resident of Sāmā Gāũ118 towards the Syāra119 side of the Bhoṭ region [and] within [the confines of] Athāra Saya Kholā.

Reading is unclear in the original.


Read: *gavāha*.

*Āge*: When Kārto, the daughter of Chiriṃ Buṭī Toṅā120who is a resident of the aforementioned village, came to my house and lamented, saying: "With the famine that occurred this year in the village, all [those] people died through a lack of food. Since there are no supplies in our house, we too are about to die of hunger. I will be the donor of my own body and will stay in your house as a slave (*kariyā*) for the rest of my life," I agreed to it. Since the 18-year-old Kārto was about to die without food, and since her mother Sānu Chiriṃ Buṭi agreed to it and signed the deed in the presence of witnesses, I counted out 35 *mohararupaiyā*s and handed them over to the mother, Sānu Chiriṃ Buṭi, as the price of the said slave (*keṭī*). I have fed and employed her for work [since then]. Today I feel pity for this slave and that I should definitely free her. Having seen my husband and son, too, freeing 2 other persons in the practice of pious act (*dharma*), I also felt that I should free [her].

Even though the aforementioned Kārto is [still] a slave, I have freed her with the intention of *dharma*, stating: "She shall serve us and be fed throughout the life of my husband. After [his] death, she may happily go wherever she wants and live according to her own wishes." None of our descendants shall take possession of her in the future, stating: "You are a slave." If anyone takes possession of her, our descendants shall be defeated and Kārto shall be victorious.

I have, with pious intention, willingly freed121 the said Kārto, written this deed of emancipation (*pārapatra*), and handed it over to her.

... <sup>122</sup> day of the bright fortnight of Pauṣa in the [Vikrama] era year 1949 (1892/1893 CE). Auspiciousness.

#### Commentary:

This document in the private collection of Tsering Wangdu in Nubri is a deed providing for the emancipation of a slave posthumously. Issued by Chiriṃ Buṭi of Sāmā Gāũ, it frees her slave Kārto on condition that she remains in service throughout the life of her owner's husband. Eighteen-year-old Kārto, with the permission of her parents, sold

local vernacular. It may be related to the Tibetan word *shar*, which means "east".

122 The weekday and the day of the month are omitted in the original.

<sup>120</sup> This word is unclear in the original. Her name is mentioned as Sānu Chiriṃ Buṭi later in the document.

<sup>121</sup> *Hāḍa cokho garāī*, lit. "having [her] bones purified"; This expression, similar to "*hāḍapāra*" in the *Ain*, is used when a slave has been freed from enslavement, but not yet from servitude (Ain-54 § 82.16).

herself into slavery because the family was unable to support itself due to a famine that occurred in 1892. Another slavery-related document from the same area, Document 4.8 (E\_3446\_0032), specifies that the famine occurred in that area during the rainy season of the year.

The document emancipated Kārto from enslavement, but not from servitude. The expression used in this document to free her from slavery, "*hāḍa cokho garāi*", is in causative case which might suggest that the emancipation involved a separate act, possibly a ritual one. The Document 4.8 also uses somewhat similar phraseology suggestive of a ritual uplifting of the slave's caste and rice commensality status.

### 4.10 A *purjī* from Deva Śamśera Jaṅga Bahādura Rāṇā to the Guṭhī Bakyautā Tahasila Aḍḍā re the emancipation of seven slaves (K\_0614\_0021)

Edited and translated by Manik Bajracharya; Dated VS 1955 (1898 CE); Guṭhī Saṃsthāna, Bhadrakālī, card no. 320 (81), 3 Sa. Gu. Ban. Pan. 1 Po. no. 10; microfilmed as NGMPP K 614/21; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/41019.

Edition:

```
1 श्री \
1 श्री ३ सर््ककार
2 १
1 श्री आर््य्यया
2 २
1 81
1 स््वस््तति । श्रीमद्राजकु मारकु मारात््मजश्रीकम््ययाांदरईणचीफ्जनरलदेवसमसेरजङ््गरा-
2 णावहादुरकस््य थापाथली -१-तर््फ गुठी वक््ययौता तहसील अदाका हाकीम् का-
3 रीन््ददाके पुर्जी । ऊप्रान््त -२-घाटपारी सती मुदा123 दाहा गर््न्यया दाऊरा गुठीमा दरीयाको
4 कागतिगाऊस््ममेत् ३ गाऊको ५२।५३ साल््ममा ठेक ईजारा लीन््यया सोही ठाऊको वलभ-
```
<sup>5</sup> द्र षत्री छेत्रीको म धन ज््ममानी भयाको हुनाले नीजले वुझाऊनु नसक््ददा मोहरू ८१२

123 Read: *murdā.*


तपसील

Translation:


वर््ष ४५ को हर्षे कमोरा<sup>124</sup> १ के मोहरू ४५


104 — II. Documents on Slavery and Unfree Labour in Nepal: Editions and Translations

Hail! A *purjī* of the venerable Commander-in-Chief General Deva Śamśera Jaṅga Rāṇā Bahādura, a venerable prince born of a prince, to the chief and clerk(s) of the Guṭhī Bakyautā Tahasila Aḍḍā of Thāpāthalī, [which operates] under Śrī 3 Sarkāra.

*Uprānta*: [The following] became known [to us] when Lieutenant Jyedu Kumāra Paṇḍita made petition to us, stating: "I am standing surety (*dhana jamānī*) for Balabhadra Khatrī Chetrī [of Kāgati Gāũ] who obtained a contract to collect revenue (*ṭheka ijārā*) for the years [VS 19]52/53 from the 3 villages including Kāgati Gāũ that are registered under the Dāurā Guṭhī <sup>127</sup> which cremates of the bodies of *satīs* [at the place] located opposite of Āryaghāṭa, but he could not pay [the revenue] in full, leaving 812 *mohararupaiyās* outstanding, and since he has been unable to pay the money, I am obliged by the Guṭhī Bakyautā Tahasila Aḍḍā<sup>128</sup> to do so. In order to come up with the amount due—if [Your Majesty] could issue a *sanada* in the name of the Bakyautā Tahasīla Aḍḍā of West number 1 to auction the slave men and women of my house listed below, turning them into cash and sending on (the amount due), then the suffering of this helpless Brahmin would go away. My Lord, your wish is my command."

Even though [the money that could be raised] from the property of the aforementioned bondsman lieutenant would suffice, [the amount obtained] from the property of the contractor in accordance with the *Ain* being insufficient, nevertheless after examining the bondsman's slaves when the aforementioned office produced them [in front of us], [we issue here an order that] the total price of the listed 7 slaves— 452 *mohararupaiyās* 2 *sukās* according to [Section] 16 of the [article on] Enslaved Castes (*jyū māsiyākā jātakā*) in the Ain—should be cancelled for the bondsman Lieutenant Jyedu Kumāra from the amount due on the contractual payment (*ṭheka*). Take the remaining balance, having urged him (to accept this solution). Since we have signed the emancipation of the aforementioned slaves,129 the price of the 7 slaves, 452 *mohararupaiyās* 2 *sukās*, should be noted in the ledger (*ḍhapoṭa*)

81<sup>126</sup>

<sup>126</sup> This number represents a running count of documents recorded in the ledger.

<sup>127</sup> Lit. Firewood Guṭhī, the *guṭhī* responsible for [supplying] firewood [for funeral pyres] and cremating.

<sup>128</sup> The office responsible for collecting revenue on taxable lands belonging to *guṭhīs*.

<sup>129</sup> See Document 4.11 (K\_0614\_0023) for the document in which Deva Śamśera declares the emancipation of the seven slaves.

as an exemption from the contractual payment to be received from the aforementioned contractor Balabhadra Khatrī Chetrī. [The exempted amount] will be deducted at the time of the [annual] submission of accounts (*bāhi bujhdā*).


(1898 CE). Auspiciousness.

#### Commentary:

This *purjī* document is an order issued by Deva Śamśera to the *guṭhī* revenue department to endorse the emancipation of seven slaves belonging to Jyedu Kumāra Paṇḍita. As the document states, Jyedu Kumāra intended to hand those slaves over to fulfil part of the compensation he was obliged to pay to the department. Instead, Deva Śamśera freed the slaves and deducted their value from the amount owed by Jyedu Kumāra.

Deva Śamśera issued this document as the commander-in-chief. He ruled as the prime minister of Nepal for 114 days from 5 March to 27 June 1901. Prior to that, he had served under Prime Minister Bīra Śamśera for thirteen years as commanding general, senior commanding general and commander-in-chief (R. Shaha 1990/II: 29–30). He is regarded as a progressive ruler and made some attempt to abolish slavery in Nepal in the short period of his prime ministership, emancipating a total of 767 slaves alone during his enthronement ceremony. The slaves emancipated during the ceremony are listed in Ḍaṅgola, Rājavaṃśī, and Vajrācārya (VS 2041: 115–20). Afterwards the prime minister attempted to emancipate all female slaves in Kaski and Lamjung, districts over which he had direct authority. Perceval Landon (Landon 1928/II: 81) mentions that he planned to emancipate slaves in Kathmandu as well. Given the opposition of slave owners, however, he did not succeed in either of these undertakings. He did manage, though, to issue an order on the 10th day of the dark fortnight of Āṣāḍha in VS 19589 banning the buying, selling, pledging as security and donating slaves (Nepālī VS 2021: 16–17).

The document mentions a certain Section 16 of the *Ain* for determining the price of slaves. It is not clear which edition of the *Ain* this refers to. In the *Ain* of 1854, the prices of slaves are found in Section 4 of Article 82, which is entitled Jyū Māsnyā Becanyā (see Fezas 2000/I: 409–10 and Ain-54 § 82.4). The prices remained unchanged in the amended *Ain* of 1870 (Ain-70: 224).

For the actual emancipatory declaration issued to the slaves mentioned in this document, see Document 4.11 (K\_0614\_0023).

### 4.11 A letter from Deva Śamśera Jaṅga Bahādura Rāṇā emancipating seven slaves belonging to Jyedu Kumāra Paṇḍita (K\_0614\_0023)

Edited and translated by Manik Bajracharya; Dated VS 1955 (1898 CE); Guṭhī Saṃsthāna, Bhadrakālī, card no. 320 (83), 3 Sa. Gu. Ban. Pan. 1 Po. no. 10; microfilmed as NGMPP K 614/23; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/41020.

Edition:

```
1 [श्री \]
1 श्री आर््ज्यया
2 १
1 श्री ३ सर््ककार
2 २
1 83
1 स््वस््तति । श्रीमद्राजकु मारकु मारात््मजश्रीकम््ययाांडरईनचीफ्जनरलदेवसम््ससेर-
   जङ््गराणावहादुरकस््य पत्रम् । ---
2 आगे कासी कमारिके । यथोचीत् ऊप्रान््त -१-घाट््पपारी सती मुर््ददा दाहा गर््न्यया दाऊरा 
   १। गुठीमा दरियाका का-
```
<sup>3</sup> गतीगाऊस््ममेत् ३ गाऊको ५२/५३ साल््ममा ठेक् ईजारा लीन््यया सोही थाऊको वल्भद्र षत्रि क्षेत्रीको धन् ज््ममा-



Translation:

*Śrī*

Śrī Āryā[ghāṭa] – 1

Śrī 3 Sarkāra – 2

83130

Hail! A letter of the venerable Commander-in-Chief General Deva Śamśera Jaṅga Rāṇā Bahādura, a venerable prince born of a prince.

130 This number represents a running count of documents copied in the ledger.

*Āge*: To the female slave Kāsī.

*Yathocita uprānta*: It became known to us when your master, Lieutenant Jyadu Kumāra Paṇḍita,<sup>131</sup> who is standing surety (*dhana jamānī*) for Balabhadra Khatrī Chetrī [of Kāgati Gāũ]—who had obtained a contract to collect revenue (*ṭheka ijārā*) for the years [VS 19]52/53 from 3 villages including Kāgati Gāũ that are registered under the Dāurā Guṭhī which cremates the bodies of *satīs* [at the place] located opposite Āryaghāṭa—made petition to us, saying: "[If Your Majesty] could turn my household slaves into cash by auctioning them off and thereby [helping to] offset an amount due, the suffering of this helpless Brahmin would go away. Your wish is my command." After the Guṭhī Bakyautā Tahasila Aḍḍā of Thāpāthalī, [which operates] under Śrī 3 Sarkāra, produced you [in front of us] and we examined you, the price—according to [Section] 16 of the [article on] Enslaved Castes (*jyū māsiyākā jātakā*) in the Ain—of 17-years-old body of yours, 120 *mohararupaiyās*, has been cancelled for your master, the bondsman Lieutenant Jyedu Kumāra, from the amount due on the contractual payment (*ṭheka*). For you we have signed [a deed] of emancipation. Celebrate our victories and, having been emancipated, live as you wish.

Sunday, the 3rd of the dark fortnight of Āśvina in the year [VS] 1955 (1898 CE). Auspiciousness.


131 In Document 4.10 (K\_0614\_0021), his name is spelled as Jyedu Kumāra Paṇḍita.

Commentary:

This is a written order from Deva Śamśera Jaṅga Bahādura Rāṇā emancipating seven slaves belonging to Jyedu Kumāra Paṇḍita, who had intended to have them auctioned off in order to pay a sum owed to the *guṭhī* revenue department.

## **5. Documents Relating to Slavery Abolition of 1925**

5.1 An executive order of the commander-in-chief providing instructions to Rūpa Bāhādura Kũvara regarding restitution payments to be made to owners during the emancipation (K\_0188\_0060)

Edited and translated by Manik Bajracharya; Dated VS 1982 (1926 CE); Guṭhī Saṃsthāna, Bhadrakālī, Dāsatvamocana Aḍḍā, Po. 5 Ga. Gu. Bam.; microfilmed as NGMPP K 188/60; for digital edition, see DOI: https://doi.org/10.11588/diglit.44592.

Edition:

[Unknown seal]


<sup>1</sup> श्री कम््ययाडर इन चीफ

5. Documents Relating to Slavery Abolition of 1925 — 111


Translation:

Venerable Commander-in-Chief <sup>132</sup>

[Unknown seal]

The copy is true to the original [seal of the attester, Bhaktalāla]

To *le. ka.*<sup>133</sup> Rūpa Bāhādura Kavara.

*Yathocita uprānta*: In your letter of the 1st of Pauṣa of the [current] year [VS 19]82 to the Dāsatvamocana Aḍḍā (Manumission Office), you wrote: "It is stated in the royal order (*baḍāpatra*) of the 1st of Pauṣa: 'Of the *kariyā* slaves who have reached the age where they are required to provide signatures [but] whose names and signatures are missing, and where only the number of persons is written, no [reimbursement] amount for such slaves need be paid.' For some slaves, only their names are mentioned without signatures, while some have [only] parents' names written but not the names of the [actual] sons or daughters, [the latter] being mentioned [only] as minors. It is not clearly stated whether or not the [reimbursement] amount should be paid for them in such cases. May I have [your] decision [on the matter]?" The details of your letter have been presented to us through the aforementioned office.

When this very matter was brought by the Sallyānā District Office to the attention of our brother, Śrī 3 Mahārāja (i.e., Prime Minister Candra Śamśera), he ordered thus: "If in the records (*lagata*) of the year [VS 19]80 only the number of persons (i.e., slaves) has been written down, and if there are slaves below the age of 16 whose signatures are missing, and if they [can] be proven to be recorded in the original

133 Perhaps abbreviation for lieutenant colonel.

<sup>132</sup> The commander-in-chief at the time this document was written was Bhīma Śamśera who held the post at least since 1911.

*lagata*, they should be regarded as minors, and the [reimbursement] amount for them shall be paid according to the *sanada* and *savāla*. If the number of such persons has been written down but there are no names and signatures, and if they are above the age of 16, no [reimbursement] amount for them need be paid. If, at the time the record was being prepared, their signatures are missing because they were abroad or sick, even if the names of such *kariyās* have been proven to be recorded in the *lagata*, the [reimbursement] amount for them need not be paid either." Therefore, do according to what have been mentioned.

Monday, the 19th solar day (*gate*) of Māgha in the [Vikrama] era year 1982 (1926 CE). Auspiciousness.

#### Commentary:

This document from the commander-in-chief provides instructions to Rūpa Bāhādura Kavara regarding restitution payments to be made to owners during the manumission of slaves after 1925, in cases where the slaves' names or signatures are missing in the record books. Referring to orders from the prime minister, it states that, of the *kariyā* slaves whose signatures are missing, only those below the age of sixteen must be compensated for. This duplicate document is attested by one Bhaktalāla.

5.2 A letter from the king instructing Guṭhī Bandobasta Aḍḍā in Pyuthana to check documents relating to money spent for the emancipation of slaves so that the officiating government agent can be provided with clearance (K\_0188\_0061)

Edited and translated by Manik Bajracharya; Dated VS 1982 (1926 CE); Guṭhī Saṃsthāna, Bhadrakālī, Dāsatvamocana Aḍḍā, Po. 5 Ga. Gu. Bam.; microfilmed as NGMPP K 188/61; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/39589.

#### Edition:


[Seal with the legend: *śrī 5 guṭhi bandovasta aḍā 1977*]

[Unknown seal] [Seal with the legend: *śrī 5 guṭhi bandovasta aḍā 1977*]



Translation:

[Copied] by ...<sup>134</sup>

[Seal with the legend: *śrī 5 guṭhi bandovasta aḍā 1977*] [Unknown seal] [Seal with the legend: *śrī 5 guṭhi bandovasta aḍā 1977*]

[To] the administrative head (*hākima*) and officials (*kārindā*) of the Guṭhī Bandobasta Aḍḍā, [who are requested to] read [the following] letter (*pūrjī*), a petition made by the administrative head and officials of the Dāsatvamocana Aḍḍā, [which] has come to our notice: "In the royal order (*khaḍganiśānā sanada*) of Thursday, the 11th solar day of Mārga in the [Vikrama] year [19]82 sent to this office, it is written: '[His Majesty] has arranged to manumit [slaves] by paying sums [as reimbursement] for the registered *kariyā* slaves of Nepāla (i.e., the Kathmandu Valley) and (indeed) the entire Gorkhā kingdom. Therefore, for the task of auditing balance sheets (*vāsalāta*) and providing clearance (*pharaphārakha*) to officials who have been despatched to the Madhesa [and] hills—[whethere] districts, *gosvārās*, *gauḍā*)s [or] *īlākās*—to manumit *kariyās*, [His Majesty] has arranged to have the task performed on the basis of the listed (*tapasila*)135 offices of the listed districts, *gauḍās*, *gosvārās* [and] *īlākās*. Accordingly, give orders (*sanada*) regarding the required matters to the concerned offices in order to (for them) examine the balance sheets and to provide clearance.' It is written in the (quoted) *sanada* that (in the case) of Pyuthana district, the examination should be carried out by the *īlāka*'s Guṭhī Bandobasta Aḍḍā.


[His Majesty] dispatched Me. Ka.136 Vīrajaṅga Sāha of Pālpā Gauḍā for the task of paying the owners the [reimbursement] amount for [their] registered *kariyā* slaves within Pyuthana *īlākā* and manumitting the slaves. He went to this district and is (now), in accordance with the written [instructions], engaged in paying owners the [reimbursement] amount for their *kariyā* slaves and manumitting the latter. Therefore, in order to provide him with clearance once he finishes his task and after the ledger (*vāsila bākī*) and [other] documents concerning the work he has done in accordance with the [prior] *savāla*(s) and *sanada*(s) issued (to him) in his name are received, we think it advisable that [His Majesty] should issue a *sanada* to the Guṭhī Bandobasta Aḍḍā in its name."

For this reason, once the payments of the [reimbursement] amounts to the owners of the registered slaves within Pyuthana district are made, you (i.e., the Guṭhī Bandobasta Aḍḍā) should obtain the ledger relating to the task of paying owners the [reimbursement] amount for their *kariyā* slaves and manumitting the latter, along with other available [records] including legal files (*misila kāgajapatra*), *savāla*(s), *sanada*(s), the *ka* forms containing the original list of owners and slaves, and the *kha* and *ga* forms [recording] payments made, and in order for the examination to be carried out, should, in accordance with the *savāla*(s) [and] *sanada*(s), obtain from the aforementioned Me. Ka. Vīrajaṅga Sāha the *savālas*, *sanadas* and other documents so that they can be submitted to the Dāsatvamocana Aḍḍā. In order to determine whether the task has been carried out in accordance with the *Ain* and *savāla*(s) and to provide clearance [to him], [I] should be informed through the Dāsatvamocana Aḍḍā. Upon approval provide [Vīrajaṅga Sāha] with clearance. After the matter of clearance is taken care of, submit the concerned documents to the Dāsatvamocana Aḍḍā.

Saturday, the 26th [solar] day of Pauṣa in the [Vikrama] era year 1982 (1926 CE). Auspiciousness.

#### Commentary:

This document is a copy of a royal directive issued to a local Guṭhī Bandobasta office in Pyuthana area regarding manumission. It was written in response to an earlier petition made by the Dāsatvamocana Aḍḍā recommending the palace to issue separate orders to the Guṭhī Bandobasta Aḍḍā regarding the manumission process. As the document

136 Perhaps an abbreviation of *mejara kaptāna* (i.e., major captain).

reveals, the Dāsatvamocana Aḍḍā had been granted royal permission to issue orders of its own to offices under it, but apparently in this case it felt for some reason that it needed the extra force provided by a royal order. This document provides the following further information:


This document thus provides some insight into administrative steps taken to carry out manumission after Candra Śamśera's speech of 28 November 1924.

#### 5.3 A report from Vīrajaṅga Sāha containing a list of 99 slave owners in Pyuthana (K\_0281\_0041)

Edited and translated by Manik Bajracharya; Dated VS 1983 (1926 CE); Guṭhī Saṃsthāna, Bhadrakālī, Bā. Da. po. 3 and 4; microfilmed as NGMPP K 281/41; for digital edition, see https://nepalica.hadw-bw. de/nepal/editions/show/37662.

Edition:

[*1r-part1*]

<sup>1</sup> श्री \

<sup>1</sup> १५२ नं

[Seal of Vīrajaṅga Sāha]

 प््ययूठाना जील््ललाको करीया अमलेष गर्ने कामको अफीसर चौ. मे. क. वीरजङ््ग साहले पा- ल््पपा ता[न]सेनवाट चढायाको रीपोट् ---

 प््ययूठाना जील््ललाको करीया अमलेषको कागज जाचनालाई षड््ग नीसाना सनद सकल र कु न कु न मीतीमा कती कती षर््च भयो भीडाउनालाई वारेससमेत् सो कामको अ- वीसर चौ. मे. क. वीरजङ््ग साहलाई पक्री पठाउन लाउनू भन्ने श्री ५ सर््ककार गुठी वन््ददो- वस््तका पुर्जी वमोजीीं भनि यस पाल््पपा गौौंडा कौशल अडाले पठाई पक्राउ गरेका- लाई अघी दासत््वमोचन अडामार््फत् वक््स भयाको श्री कम््ययाांडर ईन चीफ साहेवको वडापत्रमा षड््ग निसाना सनदको नकल र सकलै पठाउन केहि नषुलेकोले नकल पठायेको हो । कु न कु न मीतीमा कती कती षर््च भयेको छ भीडाउनालाई भन्नेमा कां तामेल भै षड््ग नीसाना सनदका २२ दफा वमोजीीं तयार भयाको ठाडो वासील वाकी र (ख.) (ग.) फारामसमेतवाट मीती मीतीको षर््च भीडान हुने समेत् जील््लला प््ययूठानै- वाट दासत््वमोचन अडामा चलां गरीपठायेको माथी लेषीया वमोजीींका कागज- वाट देषीने सो कागजहरूसमेत् दासत््वमोचन अडाले तेस अडामा दाषील गरीसके - को मैले ञाहावाट षड््ग नीसानाका ३४ दफा वमोजीीं तयार गरीपठायेको तेस अडामा दाषेल भयेको वासलात षर््च भयेको जती छ दासत््वमोचन सस््थथालाई निकासा भयेका रुपैञावाट भर््नना मीलाउनालाई षर््च भयेको फाट् देखिने मात्र हो । सो ३४ दफा हेरेमा यथार््थ हुनेछ । वारेसको हक््ममा कागजपत्रहरू वुझाउन वारेस पठाउनू भन्ने षड््ग निसाना सनदमा लेषीयेको नदेषीयेको हुनाले र सो कामलाई छुट्टै कारीीं- दारसमेतको निक््ससारी नभयेकोले मेरो घरघरानावाट घरानावाट वारेसको कर लाग्प- नू र्ने होईन । सो कामलाई यस पाल््पपाको पल््टटंवाट ममात्र षटी गै कारीींदा मद्दत् सो- ही प््ययूठाना अडा अडावाट फोकु वा गरी कां चलायेको हुनाले सो काममा षटी- ने प््ययू अदालत्को वहीदार सनद कु मार र ऐ मालको वहिदार नरनारायन्- हरू हुन । निजहरूलाई सोदी निजैहरूवाट जाचनी फर््स्ययाई फारक पाउने हु । पठाउ- ुं नु पर्ने षड््ग नीसाना सनद सकलै थान १ र चलां गर््ननूपर्ने भुलले वाकी रहे- को करीयाको धनिले दाषेल गरेको देहाये वमोजीींको परंभत्ता थान ९९ स््ममे- त् थान १०० यसै साथ पठायेको छ । दाषेल भयेपछी पत्र पठाउने कां भये वेस् हो- ला । ---

[*1r-part2*]

	- १ नं प््ययूठाना वीजुलीको मु. कृ ष््ण वाहादुर थापा छेत्री को ७९ साल मार््ग ७ गते १ को परंभत्त थान् ---१
	- २ नं ऐ वीर््तता उदैपुर वस्ने दामोदर पाध््ययाको ७८ साल फागुं १२ गते २ को ऐ ---१
	- नं ३ ऐ उपल््ललो रसपुर वस्ने लालवाहादुर षतृको ८१ साल पौष २ गते ३ को ऐ ---१
	- नं ४ ऐ वरौला धादरेषर््क वस्ने हीरासीीं छेतृको ७८।१२।३।६ को ऐ ---१
	- नं ५ ऐ वीर््तता रसपुर वस्ने वोल वाहादुर षतृ छेतृको ७६।९।८।३ को ऐ ---१
	- नं ६ ऐ षैरा वस्ने तारानीधी पाध््ययास््ममेतको ७६।१०।११।१ को ऐ ---१
	- नं ७ ऐ हंसपुर वस्ने चक्रपाणी पाध््ययाको ७१।१।२४।२ को ऐ ---१

```
नं ८ ऐ मदनपुर वस्ने गोकु ल जैसीको ७६।१।२८।२ को ऐ ---१
नं ९ ऐ भीमरी ऐ वस्ने गोकु ल जैसी को ६७ सालको ऐ ---१
नं १० ऐ षुं वस्ने मीन वाहादुर पाध््ययाको को ७८।१०।३।२ को ऐ ---१
नं ११ ऐ ऐ वस्नेधर््म वाहादुर पाध््ययाको ७१।४।१९।२ को ऐ ---१
नं १२ ऐ लुङ वस्ने मु तेज वाहादुर षतृको ७५।९।२३।२ को ऐ ---१
नं १३ ऐ वीर््तता वस्ने करवीर घर्ती मगरको ७८।९।२७।२ को ऐ ---१
नं १४ ऐ मरङथाना वस्नेडी कर््नसीीं वोहराको ५४ साल मार््ग वदी ७ को ऐ ---१
नं १५ ऐ तोरवां वस्ने ज््ममादार धनराज गीरीको ५३ साल माघ वदी ६ रोज २ को ऐ ---१
नं १६ ऐ तुसारा वस्ने मु• चीत्र वाहादुर घर्तीको ७५।२।२५।५ को ऐ ---१
नं १७ ऐ सीर्कोट् वस्ने रुद्र वहादुर षड््ककाको ८०।१।३१।१ को ऐ ---१
नं १८ ऐ षैरा वस्ने तारानीधी उपाध््ययाको ७९।९।१।६ को ऐ ---१
नं १९ ऐ लीघा वस्ने मर्जे घर््तति मगरको ७२।१।२४।५ को ऐ ---१
नं २० ई[?] र्कोट् वस्ने वुद्धीधर भुसालको ७६।१०।२७।६ को ऐ ---१
नं २१ प््ययू वीर््तता छुर््ममाफाडा वस्ने नरजं पुंको ७६।३।३०।१ को ऐ ---१
नं २२ प््ययू भीत्रीकोट् वस्ने श्री पहल््ममान षड््ककाको ६१।९।११।१ को ऐ ---१
नं २३ ऐ [?] धरंपानी वस्ने गंजसां घर््तति छेत्रीको ७६।८।१२।५ को ऐ ---१
नं २४ [?] गजल वस्ने मोतीराम पाध््ययाको ७४।८।२७।४ को ऐ ---१
नं २५ [?] लीघागाउ वस्ने मु भीमसेन घर्ती मगरको ७४।२।१५।२ को ऐ ---१
नं २६ [?] अर््जजुन वस्ने चन्दद्र वाहादुर थापा छेत्रीको ७०।१।१०।१ को ऐ ---१
नं २७ [?] नवीकोट् वस्ने चेतमान सीीं घर्ती छेत्रीको ८०।५।१२।३ को ऐ ---१
नं २८ [?] ऐ वस्ने जंग वाहादुर घर्ती छेत्रीको ऐ ---१
नं २९ [?] र्या माकावां वस्ने मु तेजमानको ७४।८।१२। को ऐ ---१
[1r-part3]
नं ३० [?] वादीकोट् वस्ने ददीराम जैसीको ७८।४।१६।१ को ऐ ---१
नं ३१ प््ययू षैरा [व]स्ने गुरुप्रसाद पाध््ययाको ७१।११।९।७ को ऐ ---१
नं ३२ ऐ ऐ वस्ने भीमलाल पाध््ययाको ६६।४।३।३ को ऐ ---१
नं ३३ ऐ ऐ वस्नेधर््मराज गीरीको ७७।११।२४।२ को ऐ ---१
नं ३४ ऐ ऐ वस्नेनिलकं ठ जैसीको ७७।११।२।१ को ऐ ---१
नं ३५ ऐ ऐ वस्ने वं वाहादुर वस्नेत्को तोक् नं ६९२ को १९{...}७७।११।११।
        १ को [?] पत्र नकल ---१ 
नं ३६ प््ययू षैरा वस्ने ठाकु रप्रसाद पाध््ययाको ८०।११।३०।१ को परंभाता ---१
नं ३७ ऐ तुसारा वस्ने ईन्द्रा छेत्र्यानिको ७८।६।१५।५ को ऐ ---१
नं ३८ ऐ लूं वस्ने लछुमन थापा छेत्रीको ६५।११।२४।१ को ऐ ---१
```
नं ३९ ऐ ऐ वस्ने दल वाहादुर षतृ छेत्रीको ७७।१।२३।४ को ऐ ---१ नं ४० ऐ दाषा वस्ने हरिप्रसाद पाध््ययाको ७९।४।२६।६ को ऐ ---१ नं ४१ ऐ भित्रीकोट् वस्ने नन््दराज पाध््ययाको ७९।४।१७।३ को ऐ ---१ नं ४२ ऐ दाषा वस्ने घनस््ययाम पाध््ययाको ७०।१।२९।१ को ऐ ---१ नं ४३ ऐ वेलघारी वस्ने दीर््घ वाहादुर षतृको ७६।६।२८।२ को ऐ ---१


```
नं ६५ ऐ दाषा कु वाडी वस्ने टंके स््वर पाध््ययाको ७८।१०।२९।४ को ऐ ---१
नं ६६ ऐ षैरा वस्नेधनेस््वर वैदको ६६।१०।२४।१ को ऐ ---१
नं ६७ ऐ वीजुली वस्ने दल वाहादुर नेवारको ७७।१२।२९।१ को ऐ ---१
नं ६८ ऐ षैरा वस्ने होमलाल पाध््ययाको परंभाता ---१
नं ६९ अर््घघा हंसपुर वस्ने टीकाराम पाध््ययाको ७७।१२।८।७ को ऐ ---१
नं ७० प््ययू वीर््तता वर्वोट् वस्नेधर्मे पाध््ययाको ७८।११।११।४ को ऐ ---१
नं ७१ ऐ ऐ वस्ने मनीराम पाध््ययाको ७८।७।२८।२ को ऐ ---१
नं ७२ अर््घघा षीलजी वस्नेजीीं भीम् वाहादुर षतृको ७९।८।१२।७ को ऐ ---१
नं ७३ प््ययू नारीकोट वस्ने मनवीर जोगीकवरके ७२।१।२ को ऐ ---१
नं ७४ पर््वत् पुजा वस्नेडी मनवीर घर््तति छेत्रीको ७४।६।१५।१ को ऐ ---१
नं ७५ प््ययू षुंव्री वस्ने भीमलाल घर््ततिको ७१।१।१३।४ को ऐ ---१
नं ७६ ऐ दुनीरुर््भभा वस्ने कृ पाराम पाडेको ७६।६।३।६ को ऐ ---१
नं ७७ धुर्कोट् वाङ््लला वस्ने मनिलाल गीरीको ७४।२।१९।६ को ऐ ---१
नं ७८ ऐ ऐ वस्ने राधु पाधेको ७४।२।१९।६ को ऐ ---१
नं ७९ प््ययू नारीकोट् वस्ने लछिमन पुरीको ७०।१२।९।१ को ऐ ---१
नं ८० ऐ लुहुङ् वस्ने सीधी मान षतृको ८०।३।२६।३ को ऐ ---१
```
[*1r-part4*]

```
नं ४५ ऐ लुङ् वस्ने भीमराज भडारीको ६५।३।२७।६ को ऐ ---१
नं ४६ ऐ नारीकोट् वस्ने लछुमन् गीरीको ७६।१२।११।३ को ऐ ---१
नं ४७ ऐ वाडीकोट् वस्ने वुद्धीरामको ७५।१०।२२।३ को ऐ ---१
नं ४८ ऐ तुसारा वस्ने गुमान सीीं मदगराको ६९।१०।७।१ को ऐ ---१
नं ४९ धुर्कोट् वाङ््ललाको मीलाप गीरीको ६८।८।२८।४ को ऐ ---१
नं ५० प््ययू तुसारा वस्नेधनु पाध््ययेको ६४।३।३।२ को ऐ ---१
नं ५१ ऐ वाडीकोट वस्ने उमानन््द पाध््ययाको ७७।१२।१६।२ को ऐ ---१
नं ५२ ऐ तुसारा वस्ने गनेस वाहादुर घर््तति छेत्रीको ७२।११।४।५ को ऐ ---१
नं ५३ ऐ वाडीकोट वस्नेधनीराम जैसिको ७७।८।१८।१ को ऐ ---१
नं ५४ ऐ ऐ वस्ने उमानन््द पाध््ययाको ७८।४।१०।२ को ऐ ---१
नं ५५ ऐ लूं दोमाई को चीत्र वाहादुर षतृको ७३।४।२६।१ को ऐ ---१
नं ५६ पर््वत पुजा वस्नेमित्रु पाध््ययाको ७८।११।२५।४ को ऐ ---१
नं ५७ प््ययू वीर््तता उदैपुर वस्ने {...}यज्ञ लाल उपाध््ययाको ७८।८।२०।२ को ऐ ---१
नं ५८ ऐ रेकर षुमरि वस्ने हीमानन््द पाध््ययाको ७८।९।२०।३ को ऐ ---१
नं ५९ ऐ षुमरी चौरको मु हीतानन््द पाध््ययाको ७१।९।११।१ को ऐ ---१
नं ६० धुर्कोट्डाडाचोक वस्ने दीपनारान् पाध््ययाको ७३।६।१३।२ को ऐ ---१
नं ६१ प््ययू वादीकोट् वस्ने नारान दान पाध््यया को ७७।३।३०।३ को ऐ ---१
नं ६२ ऐ ऐ वषर्वोट् वस्ने उजीर सीीं घर्ती छेत्रीको ७९।६।२३।२ को ऐ ---१
नं ६३ ऐ षैरा धरंपानि वस्ने जमादार वीर् वाहादुर घर््तति छेत्री ६६।२।३।१ को ऐ ---१
नं ६४ ऐ षैरा वस्ने वाहादुर घर््तति छेत्रीको ७७।४।२३।६ को ऐ ---१
```
नं ४४ ऐ लूं वस्नेजीीं भीम् वाहादुर षतृको ७९।७। ऐ ---१

```
5. Documents Relating to Slavery Abolition of 1925 — 119
```
120 — II. Documents on Slavery and Unfree Labour in Nepal: Editions and Translations

```
नं ८१ ऐ भीत्रीकोट् वस्ने उमाकान््तता उपाध््ययानिको ७९।१०।३।३ को ऐ ---१
   नं ८२ ऐ वीर््तता कारकीडाडा वस्ने मु• वाहादुर कार्कीको ७५।११।२४।७ को ऐ ---१
   नं ८३ ऐ भीत्रीकोट् वस्ने ईन्दद्र वाहादुर षडका छेत्रीको ७९।३।२२। को ऐ ---१
   नं ८४ ऐ ऐ वस्ने उमाकान््त पाध््ययानीको ७८।६।७।५ को ऐ ---१
   नं ८५ ऐ वागडुला वस्ने प जीवराज पाध््ययाको ७८।९।१४।४ को ऐ ---१
   नं ८६ ऐ वीजुली वस्ने हेमलाल पाडे जैसीको ७८।१२।१४।२ को ऐ ---१
   नं ८७ ऐ वीर््तता उदैपुर वस्नेधनेसोर पाध््ययाको ८१।२।२५ को ऐ ---१
   नं ८८ ऐ वाडीकोट्को उजीर सीीं घर्ती छेत्रीको ७६।१०।४।७ को ऐ ---१
   नं ८९ धुर्कोट् टीमुरषर््क वस्ने षदपु षतृको ७६।४।१५।७ को ऐ ---१
   नं ९० ऐ वाङ््लला वस्ने उदै गीरीको ७९।५।१५।५ को ऐ ---१
   नं ९१ प््ययू माइकोट् वस्ने षगेस््वर पाध््ययाको ७६।८।२७।२ को ऐ ---१
   नं ९२ ऐ ऐ वस्ने षगेस््वर पाध््ययाको ७६।१०।२।१ को ऐ ---१
   नं ९३ ऐ वीजुली वस्ने कृ स्नप्रसाद अचार््ज जैसीको ७७।११।२८।६ को ऐ ---१
   नं ९४ ऐ धुवागाउ वस्ने मु हेडसीीं रोकाहाको ७८।१०।१०।६ को ऐ ---१
   नं ९५ अर््घघा षीलजी वस्ने जगवीर वस्नेत छेत्रीको ८१।६।३।५ को ऐ ---१
   नं ९६ प््ययू वरौलाको वीर् वाहादुर घर्तीको ८१।५।२।१ को ऐ ---१
   नं ९७ ऐ वीर््तता उदैपुर वस्ने वीष््णणु उपाध््ययाको ८१।६।१३।१ को ऐ ---१
   नं ९८ ऐ सभीवाङ् वस्ने मु टेक वाहादुरको ७४।१२।६।६ को ऐ ---१
   नं ९९ ऐ वीजुली वस्ने भक्त वाहादुर थापा छेतृको ८१।१।२७।६ को ऐ ---१
130 ईती सम््वत् १९८३ साल जेष्ट १७ गते रोज १ शु ।
```
Translation:

[*1r-part1*]

Śrī

No. 152137 [Seal of Vīrajaṅga Sāha]

A report submitted by Cau. Me. Ka.<sup>138</sup> Vīrajaṅga Sāha, the officer responsible for the task of manumitting slaves in Pyuthana district, from Tansen, Pālpā.

Following the letter (*purjī*) from the Śrī 5 Sarkāra Guṭhī Bandobasta [Aḍḍā], which stated: "Get hold of Cau. Me. Ka. Vīrajaṅga Sāha, the officer responsible for the task [of manumission], and have him dispatch the original of the *khaḍga nisānā sanada* in order [that

138 An abbreviation of Cautariyā Mejara Kaptāna.

<sup>137</sup> This is the archival number within the bundle of the Guṭhī Bandobasta Aḍḍā records.

we can] examine the document relating to the manumission of slaves in Pyuthana district, and also have him dispatch a representative (*vāresa*) in order [that we can] tally the expenditures made and their dates", this office, the Pālpā Gauḍā Council, dispatched [both the document and representative], [and both] were received. [However,] in the *baḍāpatra* of the venerable Commander-in-Chief sent through the Dāsatvamocana Aḍḍā earlier, it was not mentioned whether one should dispatch the original itself or a copy of the *khaḍga nisānā sanada*. For this reason, [I] dispatched a copy [instead of the original]. Regarding [the documents required for] matching expenditures and dates, the balances (*ṭhāḍo vāsila bāki*) prepared in accordance with Section 22 of the *khaḍga nisānā sanada*, and the *kha* and *ga* forms with which to collate the dates and expenditures, have [already] been dispatched to the Dāsatvamocana Aḍḍā by the Pyuthana district [office]. [These and other] documents derived from the aforementioned documents have been submitted (*dākhila*) by the Dāsatvamocana Aḍḍā to that office (i.e., Śrī 5 Sarkāra Guṭhī Bandobasta Aḍḍā). The level of expenditures [in] the balance sheet prepared by me here in accordance with Section 34 of the *khaḍga nisānā* [*sanada*] and submitted to that office can only be seen [in] the section dealing with expenses involved in arranging compensation [to the slave owners] with the money issued to the Dāsatvamocana Aḍḍā. The actual state of affairs will be learned upon looking into said Section 34. Regarding the representative: since it is not found written in the *khaḍga nisānā sanada* that a representative should be sent to submit the documents, and since no separate clerk was granted for the task, there will certainly not be any compulsion [for me] to [appoint] a representative from my own household [at my own expense]. I set off alone from the Pālpā Regiment to engage in the task, and received clerical help from the offices in Pyuthana itself; engaged in the task [from their side] were Bahīdāra Sanada Kumāra of the Pyuthana court and Bahīdāra Naranārāyan of the district revenue office (*māla*). I will get acquittances after making enquiries with the aforementioned persons and conducting [other] investigations. Sent herewith are a total of 100 [documents] including the 1 original *khaḍga nisānā sanada* and 99 *paramabhaṭṭās*—submitted by the slave owners listed below—that by mistake remained unsent. It would be well if a letter could be sent [here] once the documents arrive [there].

[*1r-part2*]

Particulars:


139 Perhaps an abbreviation of *mukhiyā*.


<sup>140</sup> Perhaps an abbreviation of *ḍiṭṭhā*.

<sup>141</sup> There are illegible letters in the original.

<sup>142</sup> There are illegible letters in the original.


143 There are illegible letters in the original.

144 There are illegible letters in the original.


147 There are illegible letters in the original.








Sunday, the 17th of Jeṣṭha, in the [Vikrama] era year 1983 (1926 CE). Auspiciousness.

Commentary:

This document is a report submitted by Vīrajaṅga Sāha, who held the post of major captain in the Pālpā frontier. Being a member of the ruling Sāha family, he also held the title of *cautariyā*. He was appointed to be in charge of manumission work in the Pyuthana area in VS 1982 (see Document 5.2).

The document is a response to an earlier letter sent to the Pālpā Gauḍā by the Guṭhī Bandobasta Aḍḍā asking Vīrajaṅga to return the documents containing executive order (*khaḍga nisānā sanada*) together with related documents and a representative. From the document, it is clear that the executive order consisted of at least 34 sections, and that

148 The reading is unclear in the original.

its 22nd section contained instructions on preparing the balances, while the 34th section set forth budgetary guidelines. The document also states that it attaches the original copy of the *khaḍga nisānā sanada* and ninety-nine *paramabhaṭṭās* collected from slave owners. These *paramabhaṭṭās* can be found in the archives within the document series K\_0281\_0042 to K\_0281\_0060 and K\_0282\_0001 to K\_0282\_0060.

The *paramabhaṭṭās* listed in the document were prepared between VS 1953 (1896 CE) and 1981 (1924 CE). The majority of them, 81 out of 99, were prepared between 1914 and 1924.

Regarding the social group of the slave owners in the 99 *paramabhaṭṭās* listed, the majority of them are of Brahmin or Kṣatriya castes. The following is a table of social status of the slave owners:


5.4 A report from Vīrajaṅga Sāha correcting a statistic in manumission figures for Pyuthana (K\_0188\_0057)

Edited by Manik Bajracharya; Dated VS 1983 (1927 CE); Guṭhī Saṃsthāna, Bhadrakālī, Dāsatvamocana Aḍḍā, Po. 5 Ga. Gu. Bam.; microfilmed as NGMPP K 188/57; for digital edition, see https://nepalica. hadw-bw.de/nepal/editions/show/39592.

Edition:

[*1r-part1*]

[Seal of Pālpā Gauḍā] [Seal of Vīrajaṅga Sāha] [Unknown seal]


<sup>38</sup> ठहरी श्रेस््तता कचावाट १२८ जना ठहर्ने भयापछी मोल गयातर््फ १४४६

<sup>39</sup> त््ययै मोल गयाको कायेम ठहर्ने हुदा भुलले १ जना मोल नगयातर््फ ज््ममा

[*1r-part2*]


```
44 फाट् तपसीलमा लेषी उजरातको रीपोट् जाहेर गरेको छु । यस््ममा पक्रा-
```

```
45 उ छाडी फारष गराईदीनु भंन््यया मजकर गुठी वंदोवस््तका नाउमा य-
```
<sup>46</sup> सै रीपोट् सदर गरी पाउ । ---


[Seal of Vīrajaṅga Sāha]

Synopsis:

This document, dated Monday, the 20th solar day of Pauṣa in VS 1983 (1927 CE), is a report issued by Vīrajaṅga Sāha of Pālpā Gauḍā. It is written in reply to a letter sent earlier on the 28th of Mārga in VS 1883 by the Pālpā Gauḍā Council regarding a discrepancy in the figures relating to the manumission work carried out in Pyuthana district under the oversight of the local Śrī 5 Guṭhī Bandobasta Aḍḍā. The order stated that a total of 1,574 slaves were emancipated in that district. Of this, a reimbursement amount for 1,445 slaves were paid to their owners. The document states that the reimbursement rate was a maximum of 120 rupees per slave.

The Guṭhī Bandobasta Aḍḍā had found a discrepancy in the accounting and that there was an overpaymenent for one slave. Consequently, the Guṭhī Bandobasta Aḍḍā, through an earlier document, had asked Vīrajaṅga Sāha to pay an amount of 240 rupees, consisting of 120 rupees as the maximum reimbursement amount for a slave and the same amount as a fine. Vīrajaṅga, after investigating the documentation relating to his manumission work, reports in this document that the number of slaves for whom no reimbursement amount was paid was actually 128, which was written mistakenly as 129. He thus argues that the total number of reimbursed slaves was correctly written in the ledger as 1,446, and asks that clearance be granted.

This document also provides a breakdown of the 128 slaves for whom no reimbursement amounts were paid. They consist of 7 slaves whose prices were determined incorrectly and therefore excluded from payment, 8 slaves freed by the owners themselves, 74 dead slaves, 30 runaway slaves, and 9 slaves who either had bought their own freedom and so were no longer the property of their former owners or who were automatically freed by the government when their owners died without heir.

#### Commentary:

It is apparent that a list of registered slaves in the district of Pyuthana was prepared in VS 1880 (see K\_0188\_0053, K\_0188\_0054 and K\_0188\_0060).

## **6. Correspondences between Nepalese Palace and British Government regarding Slavery Abolition**

The documents (6.1 to 6.10) in this section are found in a bound book (PCRIND\_0008) which contains copies of several documents, mostly correspondences by and to Candra Śamśera who ruled as the prime minster of Nepal from 1901 to 1929. The first 130 pages of the book contains documents relating to the slavery abolition by the prime minister.

6.1 A letter from Candra Śamśera to H. J. Wilkinson regarding the establishment of compensation funds for the abolition of slavery (PCRIND\_0008\_0001)

Edited by Axel Michaels; Dated 1924 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 1; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0001; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42855.

Edition:


#### Synopsis:

In this letter, Prime Minister Candra Śamśera writes to the first British envoy to Nepal, Hugh J. Wilkinson-Guillemard, because he wants to establish two trusts: the Great War Memorial Tri Chandra Hospital Fund and the Slave Emancipation Fund for which he provides seven lakh rupees for the first and eleven lakhs for the latter,151 which are meant to compensate the loss of the slave owners. The letter is written on July 20th, 1924, i.e., before the official announcement of the


abolition of slavery which followed on November 28th, 1924 Candra asks for Mr. Wilkinson's help to invest the money in the Government of India G.P. Notes or Loans.152 According to the letter, such guarantee loans were previously made for the Shivaratri Pilgrimage Help Fund and an Ayurvedic Education Fund. For the technicalities, Candra refers to the correspondence on these instances.

Commentary:

This document is part of the correspondence between Candra Śamṣera and Hugh J. Wilkinson-Guillemard, regarding the establishment of a Slave Emancipation Trust Fund. Hugh J. Wilkinson-Guillemard was the British envoy to Nepal, appointed during 1924–31. He wrote an article in the Asiatic Review 1934 on the relation between Nepal and the British government. For more documents related to this, see PCRIND\_0008\_0001 to PCRIND\_0008\_0010 and so on.

6.2 A letter from H. J. Wilkinson to Candra Śamśera regarding the establishment of funds for the abolition of slavery (PCRIND\_0008\_0002)

Edited by Axel Michaels; Dated 1924 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 2; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0002; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42856.

Edition:

[*page-2*]

	- 152 G.P. Notes or Loans are Government Promissory notes and legal debt instruments generally issued by the Imperial Bank of India, in which the bank promises to pay a certain sum of money to the payee under specific terms and interest rates.

#### Synopsis:

In this copy of a letter, Hugh J. Wilkinson, the first British Envoy in Nepal, responds to a letter of Prime Minister Candra Śamśera through which the latter requested help regarding the investment of several lakhs of rupees for two trusts: the Great War Memorial Tri Chandra Hospital Fund and the Slave Emancipation Fund as compensation of the loss of the former slave owners. Candra wanted to invest the money in the Government of India G.P. Notes or Loans and then convert them into stock certificates. Wilkinson advises the Prime Minister to invest the money directly into stock certificates under conditions applied previously for the Shivaratri Pilgrimage Help Fund and the Ayurvedic Education Fund.


### 6.3 A letter from Candra Śamśera to H. J. Wilkinson regarding the establishment of funds for the abolition of slavery (PCRIND\_0008\_0003)

Edited by Axel Michaels; Dated 1924 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 2; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0003; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42857.

Edition:

[*page-2*]


Synopsis:

In this copy of a letter, Prime Minister Candra Śamśera asks Mr. Hugh J. Wilkinson-Guillemard not to pursue the arrangements for the investment of several lakhs of rupees for the Great War Memorial Tri Chandra Hospital Fund and the Slave Emancipation Fund as compensation of the loss of the former slave owner, which he had offered in the mentioned previous letter to Candra Śamśera.

6.4 A letter from Candra Śamśera to H. J. Wilkinson regarding the establishment of funds for the abolition of slavery (PCRIND\_0008\_0004)

Edited by Axel Michaels; Dated 1924 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 3; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0004; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42858.

Edition:

[*page-3*]

<sup>1</sup> 3rd September 1924

<sup>1</sup> My dear Mr. Wilkinson



#### Synopsis:

In this copy of a letter, Prime Minister Candra Śamśera informs Mr. Hugh J. Wilkinson-Guillemard that the investment of 1,111,200 Rs for the Slave Emancipation Fund is completed and that it has to be repaid between 1945 and 1955 at a tax-free interest rate of 5%.

## 6.5 A letter from H. J. Wilkinson to Candra Śamśera regarding the establishment of funds for the abolition of slavery (PCRIND\_0008\_0005)

Edited by Axel Michaels; Dated 1924 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 4; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0005; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42859.

Edition:

[*page-4*]


#### Synopsis:

In this copy of a letter, Hugh J. Wilkinson suggests Prime Minister Candra Śamśera to name the trustees of the Great War Memorial Tri Chandra Hospital Fund and the Slave Emancipation Fund in order to enable Wilkinson to take the necessary steps for the payment of the interest.

## 6.6 A letter from Candra Śamśera to H. J. Wilkinson regarding establishment of the Slavery Emancipation Trust (PCRIND\_0008\_0006)

Edited by Axel Michaels; Dated 1924 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 4–5; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0006; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42860.

Edition:

[*page-4*]


6. Correspondences between Nepalese Palace and British Government — 143


[*page-5*]



Synopsis:

In this copy of a letter to Hugh J. Wilkinson, Prime Minister Candra Śamśera names the trustees of the Slave Emancipation Fund and lists the different pieces of the loan. The Trustees ex officio are Prime Minister Candra Śamśera, Commander-in-Chief Bhīma Śamśera, Senior commanding general Juddha Śamśera, Royal Preceptor Tarka Rāja and Treasurer Bharata Rāja of the Mulukī Khānā (the state treasury).

6.7 A letter from Candra Śamśera to H. J. Wilkinson regarding progress of slavery emancipation (PCRIND\_0008\_0011)

Edited by Axel Michaels; Dated 1925 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 7; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0011; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42861.

Edition:

[*page-7*]


Synopsis:

In this copy of a letter Prime Minister Candra Śamśera reports to Mr. Hugh J. Wilkinson-Guillemard on the progress of the liberation of slaves due to the Slave Emancipation Trust Fund established by him. He reports that about a thousand slaves have been liberated by paying their owners and that more than 325 slaves have been freed by their owners without receiving any compensation.

6.8 A letter from Charles Hough regarding the payment of interest on Government Promissory notes bought by Candra Śamśera for the establishment of the Slavery Emancipation Trust Fund (PCRIND\_0008\_0012)

Edited by Axel Michaels; Dated 1925 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 7; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0012; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42862.

Edition:

[*page-7*]



Synopsis:

In this copy of a letter or note, Charles Attwood Knyvett-Hough, Head Clerk of the British Legation Nepal, asks to sign receipts for interest on the Government Promissory notes purchased by Prime Minister Candra Śamśera for the establishment of the Slave Emancipation Trust Fund.

6.9 A letter from Prime Minister Candra Śamśera to H.J. Wilkinson acknowledging the receipt of the interest on the Government Promissory notes bought for the establishment of the Slavery Emancipation Trust Fund (PCRIND\_0008\_0013)

Edited by Axel Michaels; Dated 1925 CE; Private: Collection of Walter Rindfleisch, book no. 1, p. 8; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0013; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/show/42863.

Edition:

[*page-8*]


157 Uncertain reading.

<sup>1</sup> 19th May 1925

6. Correspondences between Nepalese Palace and British Government — 147



#### Synopsis:

In this copy of a letter or note to Hugh J. Wilkinson-Guillemard, Prime Minister Candra Śamśera returns the form of receipt for interest on the Government Promissory notes worth 1,111,200 rupees that were bought for the establishment of the Slave Emancipation Trust Fund. The document also provides a list of the Government Promissory notes. The interest amount was received by the Government Treasury of Nepal.

### 6.10 A letter from Sūrya Vikrama Jñavālī to Baḍā Kājī Marīca Māna Siṃha re abolition of slavery (PCRIND\_0008\_0022)

Edited by Axel Michaels; Dated 1925 CE; Private: Collection of Walter Rindfleisch, book no. 1, pp. 14–16; Archived at the Heidelberg Academy of Sciences and Humanities, project "Documents on the History of Religion and Law of Pre-modern Nepal" as PCRIND\_0008\_0022; for digital edition, see https://nepalica.hadw-bw.de/nepal/editions/ show/40838.

Edition:

[*page-14*]


[*page-15*]

carry same weight as that of those who think independently

	- I.e., Nepalese hilly region.
	- This refers to Amalekhganj.


#### [*page-16*]


#### Synopsis:

In this letter to the Baḍā Kājī Marīca Māna Siṃha, Sūrya Vikrama Jñavālī praises Candra Śamśera for his wise decision to abolish slavery and provides some suggestions regarding the management of slaves after their emancipation. Jñavālī opposes the idea that even after payment the owners would be allowed to retain their slaves for seven years, and opines that the owners should not be legally allowed to exercise any kind of legal authority over freed slaves.162 He shows his concerns

Uncertain reading.

 Candra Śamśera had proposed this in his appeal of 28th November 1924. The appeal reads: "The slaves, freed from the fixed date, are to be apprenticed to their former owners for a period of seven years: that is, the slaves should be bound to labour for their masters, the latter in return providing them with food and clothing as at present" (C.S.S. Rana 1925: 47).

regarding how the emancipated slaves will carry on their livelihood and mentions that he heard of government's plan to clear a forest and settle the slaves there. He suggests that the freed slaves should not only do the agriculture, but also be allowed to work in their own country, and that they should be hired on the construction works and that a battalion of ex slaves can be raised in the Nepal army or in the Police. He speculates the dissatisfaction of the *pahāḍī* slave owners in the Terai because there would be shortage of labourers upon freeing the slaves. To tackle this, he suggests that literature regarding the evils of slavery should be distributed, and lectures be organized.

#### Commentary:

This copy of a letter from Sūrya Vikrama Jñavālī to Marīca Māna Siṃha is found in pages 14–16 of the bound book (PCRIND\_0008) containing copies of documents relating to the slavery abolition by the prime minister.

Sūrya Vikrama Jñavālī (1898–1985), born in Benaras and educated and lived in Darjeeling, was a renown historian. He moved to Nepal in 1950s. He was the chancellor of the Royal Nepal Academy for five years. He also wrote biographies of Dravya Śāha, Rāma Śāha, Pṛthvīnārāyaṇa Śāha, Bhānubhakta Ācārya and so on (see T. Śarmā VS 2056: 125).

## **7. Documents on Unfree Labour and** *Hulāka* **System**

7.1 A *rukkā* directing twelve families of Masau and Kimāḍi villages to operate a *hulāka* (DNA\_0013\_0062)

Edited and translated by Manik Bajracharya; Dated VS 1864 (1807 CE); National Archives Nepal, Ms no. 371; microfilmed as NGMPP DNA 13/62.

Edition:

```
1 श्री दुर््गगाज््ययू\
```
[royal seal]

```
1 स््वस््तति । श्रीमन््महाराजाधिराजकस््य रुक्का । ---
```

```
2 आगे गढ़को मासौमा चिठि पत्र ञाहाँवाट गयाको पश्चिमवाट आयाका
```
तपसील वमोजिमका घरले मासौमा जना ४ चारले आठौ प्रहर रुजु

```
4 रहि चिठि पत्रको हुलाक चलाउनु । षटाया वमोजिमका हुलाकिलाई आ-
```
फु वस््ययाको घर वारि जिमिको अम््ववालिले षोसमोस नगर््ननु । गर््षषासरह-

```
6 को रकम कलमको तिमिहरूले सालवसाल तिर्यामध््यये घर १ के दर
```

```
7 रूपैया १ येक र फागु आना दुई // दुवै कलमको ज््ममा रूपैया १//
```

```
8 अरू झारा वैकर वेठ वेगार माफ । औ हुलाकको काज कायेम रहंज््ययाल-
```

```
9 सम वर््स्ययाईनी चासको पालो वाहिक साल ६० देषी पुढोको वयेरान
```
जिमिमध््यये घर १ के दर जागिर विसी २ गरिवक््स््यौौं । लालमोहर चिठि पत्र-

```
11 को हुलाक चलाउनु । अरू आउन््यया जान््यया वाटमा हिडन््ययाको वोझा भा-
```

```
12 रि चिठि पत्रका हुलाकीले नवोकनु । कसैले जवरदस््तती गरि वोझा भारि
```

```
13 वोकाया अमालि कम््पनीछेउ भनी विराउ माफिकको सासना गराउ-
```

```
14 नु । चिठि पत्र लैजादा ल््ययाउदा वाटमा येक छिन अटक््ययो केहि तल विच
```

```
15 पर्यो भन््यया हुलाकमा षटायाका घरलाई भारि सासना होला । ---
```

```
16 हुलाक वस्न्या घर १२ को तपसील
```


#### <sup>25</sup> ईति सम््वत १८६४ साल मिति आश्विन सुदि १५ रोज ६ शुभ््मम् । ---

Translation:

Glorioius Durgā

[royal seal]

Hail! [This is] the executive order (*rukkā*) of the glorious great king.

*Āge*: [In order to relay] the letters that are dispatched from here as well as the ones that come from the west, 4 persons from the households of Māsau as listed [below] should be present at all eight *praharas*, [and] operate the *hulāka* [post] at Māsau of Gaḍha. The *amālīs* shall not confiscate the house, garden and land in which the assigned *hulākīs* live. Of the taxes and levies (*rakama-kalama*) on par with the *garkhā*<sup>163</sup> that you pay annually, [you should only pay] 1 rupee per house. As for the *phāgu*164 [levy], [pay] two *ānās*. Both levies amount to a total of 1 rupee and 2 *ānās*. Other [obligations such as] *jhārā*, *baikara*, *beṭha* and *begāra* are exempted. As long as one remains in the duty with the *hulāka* and apart from the annual turn of cultivating the land (*cāsa*), we have granted for each house a *jāgira* of twenty (*bisī*)165 of uncultivated (*vayerāna*) land of Puḍho from the year [VS 18]60. Operate the *hulāka* for [relaying] the *lālamoharas* and mails. The mail-relaying *hulākīs* should not carry the loads of any other passers-by. If anyone forcibly causes them to carry loads, report it to the *amālīs* or to the [military] company, and have him punished according to the extent of his offence. In the course of relaying the mails, if the mails get stuck even for a moment or if a discrepancy occurs, the persons despatched will be subjected to heavy punishment.

Details of 12 households operating the *hulāka*:


163 A revenue sub-division comprising a number of villages.


Friday, the 15th of the bright fortnight of Āśvina in the [Vikrama] era year 1864 (1807 CE). Auspiciousness.

#### Commentary:

This executive order of king Gīrvāṇayuddha Vikrama Śāha assigns seven families of Māsau and five families of Kimāḍī villages to operate a *hulāka* post at Māsau. The places mentioned are in the far western Nepal. Kimāḍhi probably is Kimari which lies within Giregada VDC of Baitadi district in far western Nepal. However, their exact locations could not be confirmed.

The document orders that a team of four porters should take turn to attend round-the-clock to the post in order to relay the mails. The porters mentioned are to carry the *lālamoharas* and the mails only. Therefore, they are of the *kāgate hulākī* type.

It is apparent that the *hulākī* porters were privileged in comparison to other kinds of forced labourers. The document not only provides some land as *jāgira* for the *hulākīs*, it also protects the land currently used by them by prohibiting it from being confiscated by the *amālīs*. On top of this, they had some taxes and levies reduced and other forms of labour obligations exempted.

Two years after this document, Bhīmasena Thāpā issued an ordinance (*savāla*) in 1809 which mentions of the establishment of *hulāka* posts along the route from Kathmandu up to Yamuna River in the west. See Document 7.2 (RRC\_0006\_1015) for this ordinance.

7.2 A copy of a set of directives regarding *hulāka* stations for areas between Dharmasthalī in Kathmandu and the Yamuna River in Kumaun (RRC\_0006\_1015)

Edited and translated by Manik Bajracharya; Dated VS 1866 (1809); Regmi Research Collection, vol. 6, document no. 1015, pp. 1009–17; Archived at the Tribhuvan University Library, Kirtipur; microfilmed as NGMPP E 2393/1.

#### Edition:

[*page-1009*]

```
1 ३६७
```

```
[page-1010]
```

```
8 भै गर । ---
```

```
21 उंला । --- १
```
[*page-1011*]

	- Read: *praśasti*.
	- Space left blank.

```
26 वाजषाम मीलाई रुक्का लेषी अघीलो मोहर
27 स््ममेत् हाम्रा हजुर चढाईपठाउनु । मोहर
28 गरीवक््ससी पठाउंला । --- [२]
29 तेस्रो सवाल : धर््मथली पस््चीीं भेरी पुर््व जगा जगामा
30 मुल रास््तताका चलदो मील््ददो गरी भारीका हुलाक
31 वोक्नालाई दीीं १ को वाटमा ४ जगामा हुलाक
32 राषनु । १ जगाका हुलाकमा घर २० वीस राषी
```

[*page-1012*]


[*page-1013*]


7. Documents on Unfree Labour and *Hulāka* System — 157

```
58 लुक सल््ययाां भेरी पस््चीीं कर््ननाली पुर््व तालुक [दुल््ललु दैलेख कर््ननाली पस््चीीं डोटीका 
   काढागाउं पुर््व तालुक] 168 आ-
59 छाम दोटीका काढागाउं पस््चीीं माहाकाली पु-
60 र््व तालुक डोटी दीपायेल माहाकाली पस््चीीं
61 गढका सीमना पुर््व तालुक अलमोडा कु माउं-
62 को साँध पस््चीीं भागीर्थी पुर््व तालुक श्रीनगर
63 भागीर्थी पस््चीीं जमुना पुर््व तालुक दुन जगा
64 जगामा सोई वमोजीीं सुनाईदीनु । --- ५
65 छठमा सवाल : जगा जगाका गढी कीला वंन््यया
66 नवंन््यया हेर््ननु । कु रन््यया मानीस वसे नवसेको
   [page-1014]
67 जाचनु । नवन््ययाका वीगरेको भया वनाउना-
68 को ताकीती गर््ननु । सो कै फीयेत हाम्रा हजुर वीींती
69 गरीपठाउनु । --- ६
70 सातवा सवाल : जगा जगाको तारघाट हेर््ननु । वीग-
71 र्याको र नवन््ययाको ठाउंमा उस जगाको भारादार
72 अमालीदारलाई षै गरि वनाउंन लाउंनु । वनाया-
73 को र नवनायाको वीस््ततार वीींती गरीपठाउनु । --- ७
74 आठमा सवाल : जगा जगामा वस्न्या भारादार सु-
75 वा सुवेदार गैरका साथमा छोटा वडा मानीस क-
76 ती रह्या छं क््यया तद्वीर रहेछ षसोषास ले-
77 षी चडाईपठाउंनु । --- ८
78 नौमा सवाल : जगा जगाको वारदषाना [वारुदषाना] मेगजीींमा का-
79 रषाना पुरो चल््ययाको र नचल््ययाको हेर््ननु । गर्याको
80 काज तयार भयाको वंदुक वारूद काज गर््न्यया मानीस
81 कालीगढस््ममेत जना जात फर््द हाम्रा हजुर चढाईप-
82 ठाउंनु । --- ९
   [page-1015]
```

Supplied by comparing it with RRC\_0040\_0044.


[*page-1016*]


[*page-1017*]

	- Unclear reading.
	- Unclear reading.
	- Read: *ṣarṣajānā*. Read: *cāra*.

7. Documents on Unfree Labour and *Hulāka* System — 159

```
118 ईपठाउंनु । मोहर गरी वक््ससीपठाउंला । --- १४
119 पंध्रौ सवाल : कागत््यया हुलाकी र भारी हुलाकी-
120 लाई माफ गरीवक््स्ययाका रकं कलं अघी वसाया-
121 का हुलाकीको जगा जगाका अमालीलाई के ही
122 मीन््हहा वक््स्ययाकै छ । अव वस्न्या हुलाकी-
123 को जगा जगामा जती जती जस जसका षांगीमा
124 काटीींछ सो रुपैञाको फर््दस््ममेत् हाम्रा हजुर च-
125 र््हहाईपठाउंनु । ठगां173 गरीवक््ससौला । --- १[५]
126 सोरौ सवाल : कागत््यया हुलाकको वंदोवस््त गर््ददा येक
127 घरको सेर््ममा रुपैञा येकसम््म माफ गरी रुक्का ले-
128 षी चढाईपठाउंनु । मोहेर गरी वक््ससीपठाउंला ।
129 मीती सदर । ⟪आषाढ सुदी ४ १८६६ ।⟫
```
Translation:

[*page-1009*]

367174

Date: Saturday, the 4th of the first Āṣāḍha.175

#### *Praśasti*. 176

*Āge*: To the *subedāras* Balabhadra Khatrī and Dharmānanda Khavāsa.

We have issued [this set of] directives concerning the tasks to be carried out at different locations west of Dharmathalī and east of the Jamunā [River]. When carrying out the tasks mentioned in the directives, be true to our salt and perform the assigned duties promptly without showing favouritism to anyone.

173 Read: *ṭhegāṃ*.

<sup>174</sup> This denotes the record number of the document within the bundle containing it.

<sup>175</sup> The year is absent here. However, VS 1866 was added at the end of this document by a second scribe. Therefore, the date in the *amānta* system corresponds to 17 June 1809.

<sup>176</sup> The original *praśasti* has not been copied here. However, from the date, it is clear that the original document contained a eulogy of King Gīrvāṇayuddha Vikrama Śāha, and probably of Bhīmasena Thāpā as well.

#### [*page-1010*]

First directive: We [previously] issued a royal order (*mohara*), stating: "In accordance with [earlier] *moharas* concerning the establishment of *hulāka*-posts for the transport of mail [within the area] west of Dharmathalī and east of the Bherī [River], inspect thoroughly whether [the *hulāka*-posts] are present or not. Exempt *hulākī* porters specified in earlier *moharas* from half of the *sāune-phāgu* [levy], *beṭha* and *begāra* [labour obligations], and from the *sermā* [levy] on homesteads. Do not confiscate paddy fields or any fields being cultivated by *hulākīs* under the *adhiyā* [system of tenancy]." We have made arrangements so that from the year [VS 18]66 (1809 CE), they are exempt from [the remaining] half of the *sāune-phāgu* [levy], and so that each household may earn ... <sup>177</sup> *murīs* from paddy fields [cultivated under] the *adhiyā* [system]. Draft a *rukkā* in accordance with this and dispatch it to us together with the earlier *mohara*. We will send it [back to you] after affixing the royal seal --- 1.

[*page-1011*]

Second directive: Conforming to the [allocated] sums (*rakama*) and land mentioned in earlier *moharas* for those who operate the mail-transporting *hulāka*-posts west of Dharmathalī and east of the Bherī [River], and in accordance with this year's arrangements (*bandeja*), prepare an estimate (*vājakhāma*) of required sums. Draft a *rukkā* accordingly and send it to us together with the earlier *moharas*. We will send it [back to you] after affixing the royal seal --- 2.

Third directive: Put in shape the main routes at the different places west of Dharmathalī and east of the Bherī [River], and in order to transport loads [of goods] set up 4 *hulāka*-posts along the route over a distance of each day's journey. Assign 20 families to each *hulāka*-post. [The king] has exempted the load-transporting *hulākīs* employed at different places from the following [levies and obligations]: *sāune-phāgu*  and *ughāunī-paghāunī* [homestead levies], *jhārā*, *beṭha* and *begāra*  [obligations]. Prepare an estimate and put things in order. Draft a *rukkā* and send it to us.

177 The space for number has been left blank.

#### [*page-1012*]

We will send it [back to you] after affixing the royal seal --- 3.

Fourth directive: Regarding the carrying of loads, excluding loads going from here or coming from the west relating to military activity or to sick persons, do not, without seeing a *lālamohara* or a document signed by Kājī Bhīṃsīṃ Thāpā (i.e., Bhīmasena Thāpā) with an order to transport loads, carry anyone else's loads including those of [guru-] priests, *cautarīyās*, *kājīs*, *sardāras*, *subbās*, *subedāras*, *jmādāras*, *sipāhīs*, or [members] of the four caste-classes (*varṇa*) and thirty-six castes (*jāta*). If someone has loads transported, falsely stating that the loads belong to the palace, detain the man along with his luggage and report [the matter] to us. Instruct everyone to act as ordered --- 4.

Fifth directive: [The king] has issued a [*lāla*]*mohara* to the *bhārā*[*dāra*]s, *subbās*, *subedāras* and so on of various offices, proclaiming: "If anyone in disregard of the arrangements made [by us] regarding the mail-transporting *kāgatyā*-*hulākīs* or the load-transporting *hulākīs* coerces or causes injustice to them, detain that man and report [the matter] to us."

[*page-1013*]

For that reason, relay this information to the [following] places, [responsible for the following regions]:

Pokhara: [for the region] west of the Marsyāṅdī [River] and east of the Kālī [River]

Pyuthana: [for the region] west of the Kālī and east of the Sakhi [River]

Salyan: [for the region] west of the Sakhi and east of the Bheri [River]

Dullu [of] Dailekh: [for the region] west of the Bheri and east of the Karṇālī [River]

Achham: [for the region] west of the Karṇālī and east of Kāḍhā Gāũ (Doti)

Dipayal [of] Doti: [for the region] west of Kāḍhā Gāũ, Doti and east of the Mahākālī178 [River]

<sup>178</sup> Part of the text in the original here has been supplied by comparing it with RRC\_0040\_0044.

Almora: [for the region] west of the Mahākālī and east of the border with Garh Srinagar: [for the region] west of the border with Kumaun and east of the Bhāgīrathī [River]

Dun: [for the region] west of the Bhāgīrathī and east of the Jamunā [River] --- 5.

Sixth directive: Check whether or not forts and fortresses have been built at various places. Find out whether they are properly manned.

[*page-1014*]

If they have not been built or are in disrepair, apply pressure to have them built or repaired. Send a report about this to us --- 6.

Seventh directive: Inspect the river crossings (*tāraghāṭa*). At places where they are broken down or need to be repaired, admonish the local *bhārādāras* or *amālīdāras* to have them repaired. Send [us] details of whether they have been repaired or not --- 7.

Eighth directive: Send an exact report regarding the number of *bhārādāras*, *subbās*, *subedāras* etc. from place to place along with [the number of] men of high and low rank, and the kinds of arrangements (*tadbir*) they have [among themselves] --- 8.

Ninth directive: Check from place to place whether or not factories at powder houses and magazines are functioning at full capacity. Send to us a report of the work done—the guns and gunpowder produced and information on the number of workers and artisans and their castes --- 9.

#### [*page-1015*]

Tenth directive: Submit reports to us regarding the amount of munitions (*khajānā*) sent to the front (*muhuḍā*) from Pyuthana and Kumaun, and where and for what reasons munitions sent to the front from here (i.e., Kathmandu), Pyuthana and Kumaun get obstructed. Wherever munitions are obstructed, admonish the local *bhārādāras*, *subbās*, *subedārās*, *segutā*<sup>179</sup> and *amālīs* to have them moved on quickly --- 10.

179 Reading in the original is unclear. M.C. Regmi translates here as "chiefs of feudatory principalities" (Regmi 1986: 140).

Eleventh directive: At villages at places along the [*hulāka*] route which are deserted due to oppression caused by passersby, solace tenants from the villages and have them [re]settled there. Have *bhārādāras*, [military] companies and *amālīs* of the various places informed of our order: "Except for those travelling on palace business or by our orders, people travelling through villages on the route shall not be allowed to cause trouble [to villagers] by having them carry loads for free (*begārī*), or by demanding free provisions (*baikara*)." Get a report of action taken according to this regulation,

#### [*page-1016*]

keep one copy for yourself, and send another copy to us --- 11.

Twelfth directive: Take attendance at [military] companies at different places. When doing so, collect from the *bhārādāra* or *subedāra* on duty whatever [revenue] has not been paid up in companies …180 in accordance with *raibandī* [system], at the rate of 25 rupees per *kheta* --- 12.

Thirteenth directive: If mail and military supplies [including] cannons, guns, bullets, flint and gunpowder dispatched from the palace or coming from the front are obstructed, the person exercising jurisdiction over the place shall punish the obstructer --- 13.

Fourteenth directive: When providing paddy fields to *hulākī* households on an *adhiyā* [tenure basis], distribute them in the presence of the [local] *amālī*: [to each household] land between forty *murīs* and one *kheta* (i.e., 100 *murīs*) according to the size of the family. It is stated in the [above] directive that for a distance of one day's journey there should be four *hulāka*-posts for transportation of loads.

#### [*page-1017*]

Therefore, after checking the remoteness of the terrain, and estimating according to whether long or short rest stops [are necessary,] establish between two and four *hulāka*-posts for a one day's journey. Prepare a *rukkā* accordingly and send it to us. We will send [it back to you] after affixing the royal seal --- 14.

Fifteenth directive: Regarding the official amount under exemptions granted to the mail- and load-transporting *hulākīs*, some of it has

180 The term in original is incomprehensible.

already been compensated to the *amālīs* of the corresponding areas. Regarding newly appointed *hulākīs* at different places and the amounts deducted [for them] from [the *amālīs*'s] emoluments (*khāngī*), send us details of the amounts. We will make arrangements [accordingly] --- 15.

Sixteenth directive: When making arrangements for mail-transporting *hulāka*-posts, prepare [a draft of] a *rukkā* granting a maximum exemption of one rupee per household from the *sermā* [levy]. We will send [it back to you] after affixing the royal seal --- 16.

The date is valid. The 4th of the bright fortnight of Āṣāḍha in [the Vikrama era year] 1866 (1809 CE).

#### Commentary:

This copy of an order issued by King Gīrvāṇayuddha Vikrama Śāha to *subedāras* Balabhadra Khatrī and Dharmānanda Khavāsa consists of sixteen directives concerning the management of the *hulāka* for relaying mail and loads in the western part of Nepal.

The first directive completely exempts mail-transporting *hulākīs* from the *sāune-phāgu* levy. It mentions earlier royal orders regarding the establishment of *hulāka*-posts along the route. 181 In this and several of the following directives, the addressees are asked to compose drafts of *rukkās*, which then would be officialized at the palace by affixing the royal seal.

The third directive concerns load-transporting *hulākīs*. It instructs that four *hulāka*-posts be set up within the distance covered by a day's journey, and that twenty *hulākī* families should be assigned to each post. These *hulākīs* are exempted from the same levies as cancelled for the mail-transporting *hulākīs*, with the exception of *ughāunī-paghāunī* replacing *sermā*.

The fourth directive limits the categories of loads allowed to be transported to ones relating to: military activity, sick persons and the loads for which there is a written order from either the king or Kājī Bhīmasena Thāpā.

The fifth directive names nine regional offices as responsible for the organization of the *hulāka* system. Directives six and seven order the maintenance of forts and river crossings, while directive eight orders that records of army men at the different camps be kept. Directives nine and ten call for inspecting ammunition factories, and keeping records of transfers of munitions between the areas.

181 See Document 7.1 (DNA\_0013\_0062) for one such *rukkā*.

The eleventh directive is concerned with preventing the misuse of *hulākī* labour. Labour exploitation of the tenants appointed to *hulāka* tasks was common, so that the palace had to issue such orders at different times to prevent it. The exploitation in some places was so harsh that some villages along routes had become desolate. This section instructs the addressees to encourage tenants to resettle such villages, and prohibits people from using *hulākī* labour to transport any private loads.

The fourteenth directive states that the transfer of land to hulākīs for their service should be done in the presence of the local *amālīdāra*. This section refines the third directive by stating that between two and four *hulāka*-posts be set up to cover a day's journey, depending on the terrain.

The fifteenth directive documents that the government occasionally provided compensation to local *amālīdāras* for amounts exempted from taxes and levies bourne by *hulākīs*.

The sixteenth directive exempts the *hulākīs* from one rupee of *sermā* levy. This, however, seems to contradict with the first directive where the *sermā* is entirely exempted.

An English translation of this document was first published in Regmi 1986: 138–141, and extracts are available in Stiller 1976: 52–54 and K. L. Pradhan 2012: 222–224. In the wake of war with the British, such *hulāka* routes were organized for eastern part of Nepal and other places as well (see RRC 41.533: 514, RRC 41.538: 517 and RRC 41.569: 556–61).

7.3 A copy of a set of directives re *hulāka* stations in areas between the Vāgmatī and Vijayapura (RRC\_0041\_0569)

Edited and translated by Manik Bajracharya; Date VS 1871 (1814 CE); Regmi Research Collection, vol. 41, document no. 569, pp. 556–61; Archived at the Tribhuvan University Library, Kirtipur; microfilmed as NGMPP E 2451/1.

Edition:

[*page-556*]

```
1 हुलाक वसालन््यया सवाल
```

```
1 १८२ आगे नजीकी सनमां सीींके वागमती पुर््वविजैपुर
```

```
2 पस््चीीं जगा जगामा जाई गर््न्यया काजको सवाल गरीवक् -
```
Space left blank.


लाकीको नाउं घर कु त अधीञा षेतस््ममेतको वेव

#### हुलाकीलाई साउंन््यया फागुको आधा वेठ वेगार घर वारीको सेर््ममा रुपैञा १ सम््म माफ गरी हुलाकीले कमा- याको षेत कु त अधीञा नषोसनु भनी साउंन््यया फागु

 आधा तीर््न्ययास््ममेत माफ गरी कु त अधीञा षेत घ-र १ के [ ]<sup>183</sup> मुरी कमाउनु गरी वंधेज वाधीवक््स््यौौं । हु-


166 — II. Documents on Slavery and Unfree Labour in Nepal: Editions and Translations

7. Documents on Unfree Labour and *Hulāka* System — 167

```
34 हुलाक चलायो भन््यया आलमाल मानीसस््ममेत पक्री
```

```
35 हाम्रा हजुरमा वीींती गरीपठाउनु । हुकुं गया वमोजीीं गर््ननु
```

```
36 भनी उर्दी सवैलाई सुनाईदीनु । --- ३
```

```
37 चौथा सवाल / चीठीपत्रको कागत््यया हुलाकी र भा-
```
री वोकन््यया हुलाकीलाई वंधेज वाँधीवकस््ययाका मोह-

```
39 र वमोजीींमा कसैले वीथीती गरी जवरदस््तती अंन््यया-
```

```
40 य गर्यो भन््यया तेस मानीसलाई पक्री हाम्रा हजुर
```

```
41 विंती गरीपठाउनु । --- ४
```

```
42 पाचौ सवाल / जगा जगाका गढी कील््लला वंन््यया नवंन््यया
```

```
43 हेर््ननु । कुह्रन््यया मानीस वस््यया नवस््ययाको जाचनु । नव-
```

```
44 न््ययाका वीगर्याको भया वनाउनाको ताकीती गर््ननु ।
```

```
45 सो कै फीयेत हाम्रा हजुर वीींती गरीपठाउनु । --- ५
```
[*page-559*]

```
46 छैटौ सवाल / जगा जगाको मुल वाटो तारघाट्
```

```
47 हेर््ननु । वीगर्याको र नवन््ययाका ठाउमा उस जगाको
```

```
48 भारादार अमालीदारलाई षै गरी वनाउन
```

```
49 लाउनु । वनायाको र नवनायाको वीस््ततार वीींती
```

```
50 गरीपठाउनु । --- ६
```

```
51 सातौौं सवाल / वाटाका जगा जगाका गाउमा आउन््यया
```

```
52 जान््ययाको वीद्दतले उठ्याका गाउ कु रीयालाई तस-
```

```
53 ल््लह गरी झीकाई वसाउनु । जगा जगामा रह्याका
```

```
54 भारा कं पनी अमालीलाई रास््तताका गाउमा दर््ववार-
```

```
55 को काजले हाम्रा हुकुं वाहीक आउन््यया जान््यया मा-
```

```
56 नीसहेरुले आफ््नना भारी वेगारी वैकरको टंटा
```

```
57 लाउन नदीनु भनी उर्दी सुनाईदीनु । औ येस सवा-
```

```
58 ल वमोजीीं गर्याका काजको येक फर््द साफ गरी तै-
```

```
59 ले राषनु येक फर््द साफ गरी हाम्रा हजुर चढा-
```

```
60 ईपठाउनु । --- ७
```

```
61 आठौ सवाल / जगा जगाका कं पनीको हाजीरी
```

```
[page-560]
```

```
62 लीनु । हाजीरी लीदा रैवंदी वमोजीीं [नालज्ञाजीमा?]
                                                      184 जुं
```

```
63 कं पनीमा जती भर््नना भयाको छैन षेत १ को रुपैञा २५-
```

```
64 को दर्ले भारा सुवेदार जस््कका तैनाथी छ उसैसंग भ-
```

```
65 री लीनु । --- ८
```
Reading is unclear in the original.


[*page-561*]


Translation:

[*page-556*]

Directives regarding the establishment of *hulāka* posts.

<sup>185</sup>

*Āge:* To Najīkī Sanmāṃ Siṃ.

We have issued [this set of] directives concerning tasks to be carried out at different locations east of the Vāgmatī [River] and the west of Vijayapura. When carrying out the tasks as mentioned in the ordinance, be true to our salt, and perform the assigned duties promptly without showing favouritism to anyone.

 This denotes the record number of the document within the original bundle, which has been identified as *pokā* no. 12; *bahī* no. 40 (see RRC 41: 534).

Particulars:

First directive: Establish *hulāka*-posts for the transport of mail [within the area] east of the Vāgmatī and west of Vijayapura at intervals of 2 to 3 *kośas*. <sup>186</sup> Our [earlier] order states: "*Hulākī* porters shall be exempted from half of the *sāune-phāgu* [levy], from *beṭha* and *begāra* [labour obligations], and up to 1 rupee of the *sermā* [levy] on homesteads. Do not confiscate paddy fields or fields cultivated by *hulākīs* under the *kuta* or *adhiyā* [system of tenancy]." We have made arrangements for them to be exempted from [the remaining] half of the *sāune-phāgu* [levy], and for each household to earn ...187 *murīs* from paddy fields [cultivated under] the *kuta* or *adhiyā* [system].

#### [*page-557*]

Prepare a detailed [report] containing the names of the *hulākīs*, their houses, and the paddy fields [cultivated by them under] the *kuta* or *adhiyā* [system]. Assign 16 *hulākī* families to each *hulāka*-post and prepare an estimate (*vājakhāma*) [of revenue] according to the [type of] land. Draft a *rukkā* and dispatch it to us. We will send [it back to you] after affixing the royal seal --- 1.

Second directive: In order to transport properly the loads [of goods,] put the main route in shape from place to place west of Vijayapura and east of the Vāgmatī, and set up 4 *hulāka*-posts over a distance of each day's journey. Assign 12 families to each *hulāka*-post. [The king] has exempted load-transporting *hulākīs* employed from place to place from the following [obligations and levies]: *sāune-phāgu*, *ughāunīpaghāunī*, *jhārā*, *beṭha* and *begāra*. Prepare an estimate and put things in order. Draft a *rukkā* and send it to us. We will send it [back] after affixing the royal seal --- 2.

Third directive: Regarding the carrying of loads—excluding loads going from here or coming from the east relating to military purposes, sick persons and money bags (*toḍā*)—without seeing a *lālamohara* or a document signed by General Bhīṃsīṃ Thāpā

<sup>186</sup> *Kośa*: a measurement unit of distance varying between 3.2 and 3.6 kilometres (Bakker 2006: 34), equivalent to a quarter of a *yojana*.

<sup>187</sup> The space for number has been left blank.

#### [*page-558*]

with an order to transport the loads, do not carry anyone else's loads including those of [guru-]priests, *cautarīyās*, *kājīs*, *sardāras*, *subbās*, *subedāras*, *jmādāras*, *sipāhīs*, or [members] of the four caste-classes (*varṇa*) and thirty-six castes (*jāta*). If someone has loads transported, stating falsely that the loads belong to the palace, detain the man along with his luggage and report [the matter] to us. Instruct everyone to act as ordered --- 3.

Fourth directive: If anyone in disregard of the arrangements made [by us] regarding the mail-transporting *kāgatyā-hulākīs* or the load-transporting *hulākīs* coerces or causes injustice to them, detain that man and report [the matter] to us --- 4.

Fifth directive: Check whether or not forts and fortresses have been built at various places. Find out whether they are properly manned. If they have not been built or are in disrepair, apply pressure to have them built or repaired. Send a report about this to us --- 5.

[*page-559*]

Sixth directive: Inspect main routes and the river crossings (*tāraghāṭa*). At places where they are broken down or need to be repaired, admonish the local *bhārādāras* or *amālīdāras* to have them repaired. Send [us] details of whether they have been repaired or not --- 6.

Seventh directive: Regarding the villages along the [*hulāka*] route which are deserted due to oppression caused by passersby, solace the tenants from the villages and have them [re]settled there. Have *bhārādāras*, [military] companies and amālīs of the various places informed of our order: "Except for those travelling on palace business or by our orders, people travelling through villages on the route shall not be allowed to cause trouble [to villagers] by having them carry loads for free (*begārī*), or by demanding free provisions (*baikara*)." Get a report of action taken according to this regulation, keep one copy for yourself, and send another copy to us --- 7.

#### [*page-560*]

Eighth directive: Take attendance at [military] companies at different places. When doing so, collect from the *bhārādāra* or *subedāra* on duty whatever [revenue] has not been paid up in companies …188 in accordance with *raibandī* [system], at the rate of 25 rupees per *kheta* --- 8.

Ninth directive: If mail and military supplies [including] cannons, guns, bullets, flint and gunpowder dispatched from the palace or coming from Nāgarī, Cainapura and Vijayapura are obstructed, the person exercising jurisdiction over the place shall punish the obstructer --- 9.

Tenth directive: When providing paddy fields to *hulākī* households on a *kuta* or *adhiyā* [tenure basis], distribute them in the presence of the [local] *amālī*: [to each household] land between forty *murīs* and one *kheta* (i.e., 100 *murīs*) according to the size of the family. It is stated in the [above] directive that for a distance of one day's journey there should be four *hulāka*-posts for transportation of loads. Therefore, after checking the remoteness of the terrain, and estimating according to whether long or short rest stops [are necessary,] establish between two and four *hulāka*-posts for a one day's journey. Prepare a *rukkā* accordingly and send it to us. We will send [it back to you] after affixing the royal seal --- 10.

Eleventh directive: When making arrangements for mail-transporting *hulāka*-posts, prepare [a draft of] a *rukkā* granting a maximum exemption of one rupee per household from the *sermā* [levy]. We will send it [back to you] after affixing the royal seal --- 11.

Monday, the 13th of the bright fortnight of Vaiśākha in [the Vikrama era] year 1871 (1814 CE).

#### Commentary:

This copy of a royal order, issued to Najikī Sanmāna Siṃ, contains eleven directives regarding the organization of the mail- and loadrelaying *hulāka*-posts in the eastern part of Nepal. Found in Regmi Research Collection volume 41, it lacks the original *praśasti* of the issuing king. However, from the date it is clear that it was issued by King Gīrvāṇayuddha Vikrama Śāha, probably together with General Bhīmasena Thāpā. A document similar to this one was issued five years earlier in 1866 regarding the organization of *hulāka*-posts for the western part of Nepal; see Document 7.2 (RRC\_0006\_1015) and RRC\_0040\_0044. Several of the directives in this document, including the number of *hulāka*-posts to be established in each area, the exemption of *hulākī* porters from different levies and the benefits provided to

188 Space left blank in the original.

them, are similar to the earlier ones. The place Vijayapura mentioned in this document probably lies in present-day Dharan.

## 7.4 A *rukkā* directing residents of Ālampura and Pakarbāsa to repair an irrigation-channel (DNA\_0013\_0060)

Edited and translated by Manik Bajracharya; Dated VS 1894 (1838 CE); National Archives Nepal, Ms no. 369; microfilmed as NGMPP DNA 13/60; for digital edition, see: https://nepalica.hadw-bw.de/nepal/ editions/show/1576.

Edition:

श््रीीः \

[Royal seal]

 कु वापानि फु लपा १ माकाडम् १

```
1 स््वस््तति । श्रीमन््महाराजाधिराजकस््य रुक्का । ---
2आगे आलम्पूर पकरवासका तपसिल वमोजीम् गाउ गाउका द्वार्या थरि मुषि-
3या मिझार्या रैति गैह्र चार वर््न छत्तिसै जातप्रति । पकरवास माडि व्येसिका षेतको
4 कु लो भटौलि षोलाले अलाग गरि लगिराषेछ यो साल कु लो नवनाया कं पु पल््टटं-
5 का षेत वाझा रहन लाग््यया भनि पकरवासका द्वार्या थरि भला आदमिले हाम्रा हजुर-
6 मा वितिं गर््न आउदा जाहेर भयो । ९४ सालका झाराका रुपैया आधि माफ गरि हुला-
7 कि व्राह्मण र तिलंगा घरवाहेक् तपसिल माफिक्का गांउले र षेत कमाउन््यया मो-
8 हि गैह्रले घरहि डप््कको झारा भै तिन मैन््हहाको षान््यया सामल र कोदाला वंचरा गल् कुंदा
9 घन् टागासमेत्लि पकरवासका द्वार्या र थरि सिवनारान्प्रसाञी मेहर सिं का-
10 र््ककि रामनाथ पाध््यया पौड्याल् कासिनाथ पाध््यया ढुंग््ययाल्हरूसग सामेल भै फागु-
11 न चैत वैसाषभरमा नञाँ कु लो षनि पहरो काटि वनाई पानि चह्राउन््यया काम ग-
12 र । हरहेमायेत् गरि झारामा सामेल नभै कु लो नसिध््ययाई षेत वाझा रहन गया भ-
13 न््यया कं पु पल््टटंको वालि वुझाउनु पर््लला । डडं पनी पर््लला । औ कु लो षन््ददा पहरो का-
14 ट््ननालाई आलंपुरका आग्रि जना १० लाई आलंपुरका द्वार्या मुषियाले षटाई
15 पठाईदिनु । पहरो काट््न्यया आग्रि जना १० लाई रोजीन्ना सिधा र ज््ययाला पुजा ला-
16 गन््यया षर््च पकरवासको थुनुवा षेतका वालिमध््यये षर््च लाउनु । मोजरा वक््ससौला ।
17 तपसिल्
18 पकरवासभर अम््वल १
19 आलंपुरमध््यये गाउ ६
```

```
22 वांग््यया सल््लला १
23 गागल् १
24 पिंषोरि १
25 मेगर््पपा भदौर्या १
26 इति सम््वत् १८९४ साल मिति फागुन सुदि ३ रोज ३ शुभम् ---
```
#### Translation:

Śrī

A *rukkā* of the glorious great king.

*Āge*: to all the four *varṇas* and thirty-six *jātas* including *dvāryās*, *tharis*, *mukhiyās*, *mijhāryās* and ryots of the villages of Ālampura189 and Pakarabāsa190 listed [below].

The *dvāryās*, *tharis* and local notables of Pakarabāsa came to petition us and apprised us [of the following,] saying: "The irrigation-channel in the paddy fields of Māḍi Besi has overflowed and been swept away by the Bhaṭauli River. If the irrigation channel is not repaired this year, the fields belonging to the *kampu palṭana*<sup>191</sup> may remain barren." Half of the amount of *jhārā* [levy] of the year [VS 18]94 will be cancelled [for the labourers]. Excluding *hulākīs*, Brahmins and soldiers (*tilaṃgā*), each household of villagers or of tenants (*mohī*) who till land shall become compulsory labourers by command (*dapko jhārā*). Take with you provisions for three months, mattocks (*kodālo*), axes, crowbars (*gal*), mallets (*kundā*), sledgehammers and measuring rods (*ṭā̃go*). Gathering together with the *dvāryās* and *tharis* [named] Śivanārān Prasāĩ, Mehara Siṃ Kārki, Rāmanātha Pādhyā Pauḍyāl and Kāśīnātha Pādhyā Ḍhuṅgyāla, make a new irrigation channel by digging and cutting through rocks throughout [the months of] Phāguna, Caitra and Vaiśākha, and accomplish the task of getting water to flow192 [through it]. If, having been shown preferential treatment (*harahemāyat*), you do not join in the compulsory labour or leave the irrigation channel incomplete, so that the fields remain barren, you will

<sup>189</sup> From the list provided in this document containing six villages within Ālampura, it seems to be a fairly wide area in Rāmechāpa district. Modern maps, however, do not display this Ālampura.

<sup>190</sup> Pakarabāsa is a VDC in Rāmechāpa district.

<sup>191</sup> The terms used here are *kampu* and *palṭana*, denoting two different categories of army units. These two terms are mentioned here together as having the land under their control, so that it may be assumed that they are used collectively to denote the army.

<sup>192</sup> *Carhāunu*, lit. to ascend, lift.

have to compensate the crops for the *kampu palṭana*'s [loss of] crops. A fine will also be imposed. During the digging of the irrigation channel, the *dvāryās* and *mukhiyās* of *Ālampura* shall dispatch 10 masons (*āgri*) for cutting rocks. The expenses for the daily raw food (*rojinnā sidhā*), wages and rituals for the 10 āgri shall be met from the standing crops of Pakarabāsa's *thunuvā kheta*193. Deductions will be granted.194 Particulars


Tuesday, the 3rd of the bright fortnight of Phāguna in the [Vikrama era] year 1894 (1838 CE).

#### Commentary:

This royal order of King Surendra Vikrama Śāha directs the residents of Pakarabāsa and six villages within Ālampura, both lying in Rāmechāpa district, to participate in the repair of an irrigation channel as a civil duty. The paddy field to be irrigated belonged to the army. The document exempts households of Brahmins, soldiers and *hulākī* porters from the labour. The rest of the residents had to contribute their labour under unfavourable terms: they are ordered not just to work for free for three months on the channel, but also to bring their own supplies and tools. Interestingly, the document mentions providing wages to ten stonemasons, probably because it was an exceptionally difficult task to cut through rocks while digging the conduit.

<sup>193</sup> The paddy fields currently under government restraint.

<sup>194</sup> This probably refers to deductions on the amount of *jhārā* labour required under the annual levy.

<sup>195</sup> Kuvāpāni village lies within Kathjor VDC in Rāmechāpa district.

<sup>196</sup> Also spelled Mākāduma, a VDC in Rāmechāpa district.

<sup>197</sup> A village within Purānā Gāũ VDC in Rāmechāpa district.

<sup>198</sup> Probably Gāgal Bhadaure, a VDC in Rāmechāpa district.

The document exempts the residents from half of the amount of *jhārā* fee for the year. This implies that the residents of the stated villages had to pay an annual *jhārā* levy in cash. It is, however, unclear whether this levy was meant to substitute for regular *jhārā* obligations. M. C. Regmi argues that such an obligation could not be avoided through monetary compensation, and that a special levy in cash in lieu of the obligation was only rarely possible, in cases where the labourers were in a remote location or the area was sparsely populated (see Regmi 1971: 115–16).

7.5 Copy of a *rukkā* issued by the king to Jaṅga Bahādura Kũvara permitting *jhārā* labour to be used to build a bridge at Āryaghāta (RRC\_0062\_0180)

Edited and translated by Manik Bajracharya; Dated VS 1903 (1847); Regmi Research Collection, vol. 62, document no. 180, pp. 617–18; Archived at the Tribhuvan University Library, Kirtipur; microfilmed as NGMPP E 2467/3; for the digital edition, see https://nepalica.hadw-bw. de/nepal/editions/show/47509.

Edition:

[*page-617*]

<sup>1</sup> ७४

 रुक्कासौ – आगे श्री प्राईम मीनीष्टर यान कम््ययाण््डर ईन चीफ जनरल जङ््ग वहादुर कु वर प्रति । मेरा वावा काजी वाल नरसिंह कु वरले श्री आर्याघाटमा वनायाको फला- मको पुल पक्का नठहर््ददा त््ययो फलामको पु- ल अन््त सारी पक्का पुल वनाउनालाई मेरो र भाईहरू काजी कर्णेल कपरदार क- प्तानहरूका षुवाका प्रजा रैतीहरू झारा लगाई वनाउनु भंन््यया हुकु म वक््स्यया पु- ल वनाउदा हु भुं नि तैले हाम्रा हजुरमा वीन््तती पार््ददाधर््मको काम हो तेरो र तेरा भा- ई काजी कर्णेल कपरदार कप्तानहरूका तपसील वमोजीमका षुवाका प्रजा रैतीह-


[*page-618*]


```
24 ३ सुभम् । ---
```
#### Translation:

[*page-617*]

74199

#### *Rukkāsau*.

*Āge*: To the Prime Minister and Commander-in-Chief General Jaṅga Bahādura Kũvara.

You have petitioned us as follows: "The iron bridge that my father Kājī Bāla Narasiṃha built at Śrī Āryaghāṭa<sup>200</sup> is deemed unstable. If, in order to shift the iron bridge elsewhere and build a [new,] stable bridge, [Your Majesty] were to issue an order to employ subjects (*prajā*) and tenants (*raitī*) of the provinces (*khuvā*) who are [under the authority] of me and my brothers—[holders of such posts as] *kājī*, colonel, *kaparadāra* and captain—as *jhārā* [labourers], I would build the bridge."

I have thus issued [this] *mohara* [authorizing] *jhārā* that states: "It is an act of dharma [to build the bridge]. Employ subjects and tenants of the listed provinces that are [under the authority] of you and your brothers, who are [holders of such posts as] *kājī*, colonel, *kaparadāra* and captain. For subjects who are paid the *jhārā* fee, employ them by

200 A cremation site at Pashupati in Kathmandu.

<sup>199</sup> This is the record number in the bundle where the document was originally kept.

command (*dapka/dapko*) [or] request (*guhāra*), and for ones who are not paid the *jhārā* fee,

#### [*page-618*]

exempt them [first] from their *jhārā* obligations enforced for the year [VS] 1903 at other places and employ them [for the bridge construction] through *jhārā* by command. Have them carry timber from forest. Employ these subjects and tenants of the provinces until the bridge is complete within this year."

Tuesday, the 4th of the dark fortnight of Māgha in the [Vikrama] era year 1903 (1847 CE). Auspiciousness.

#### Commentary:

This document, an executive order of the king, permits Prime Minister Jaṅga Bahādura Rāṇā to employ *jhārā* labourers in order to rebuild the bridge across the Bagmati River at Pashupati. Jaṅga Bahādura, the supremely powerful prime minister at the time, could have easily mobilized the labourers himself, so why did he have to obtain royal consent for a relatively minor task? S. Rupakheti opines that the reason lies in Jaṅga's inclination toward rule-based governance, uniformity and standardization (Rupakheti 2017: 180). It is unclear, however, if there was a standard legislation in place regarding *jhārā* labour at the time this document was issued. It is in the *Ain* of 1854, promulgated seven years after the current document, regulated that forced labour was to be exacted only for the state's purpose. The *Ain* of 1854 contained four paragraphs regarding forced labour, which can be summarized as follows:


— If an official sends a person away from his own province as a day labourer or a porter, the latter should be provided with two meals a day and an allowance of 10 *paisās* per day (Ain-54 § 11.4).

The act of building the Bagmati bridge, even though of public concern, seems to have still been considered a private undertaking of the Kũvara family in this document. Interestingly, the king grants permission to employ the labourers on the grounds that the bridge building was "an act of *dharma*".

The document makes clear that not all the *jhārā* labourers were unpaid, and that the labourers could be employed either by command or by request.

The copier abbreviates the *intitulatio* down to the phrase *rukkāsau*, leaving out the name of the issuer. However, it is clear from the date that the issuer is King Rājendra Vikrama Śāha (ruled until 12 May 1847). Since the word *tapasīla* is mentioned in the document, the original presumably contained a list of provinces that were under the control of the Kũvara brothers. However, such a list is not included in the copy.

7.6 A *rukkā* of the king forbidding abuse of porters and directing *hulākī* porters to carry the loads only for state purposes (DNA\_0016\_0023)

Edited and translated by Manik Bajracharya; Dated VS 1905 (1888 CE); National Archives Nepal, Ms no. 673; microfilmed as NGMPP DNA 16/23; for digital edition, see: https://nepalica.hadw-bw.de/nepal/ editions/show/1342.

Edition:

[*1r*]


<sup>1</sup> 445

[Royal seal]

7. Documents on Unfree Labour and *Hulāka* System — 179

```
1 स््वस््तति । श्रीमन््महाराजाधिराजकस््य रुक्का । ---
2 आगे मेचि पश्चिम महाकाली पूर््व भर मुलुक्का अडाअडाका --- पुरोहित चौत-
3 रीया जनरल काजि कम््ययाांडर कर्णेल{...} सर््ददार कपतान सुव््ववा कुं मेदान सु-
4 वेदार कं पुका जाचकि जिल््ललादार ठेकदार द्वार्या थरि रकमि गैह्र प्रति । पुर््व पश्चि-
5 मका भारादारहरू आँउंदा जाँदा र रकमी जाचकि गैह्र आउंदा जाँदा सदरवा-
6 ट गल््ललिगल््ललिमा वेगारि पक्रि भारि वोकाउंदा सारा दुञाँलाई 201 साह्रैविजाई वि-
7 च््छत हुन जाँदोरहेछ र सो कु रा श्रीमद्राजकु मारकु मारात््मज श्री प्राइम मि-
8 निष्टर यान कम््ययाांडर इन चिफ् जनरल जङ््ग वहादुर कु वर राणाजी मार््फत
9 हाम्रा हजुरमा जाहेर भयो । अव उप््राांत मेची पश्चीम महाकाली पुर््वका कागत््यया
10 हुलाकि थापल््यया हुलाकिहरूले लालमोहर वमोजीम हाम्रा जंगी षजाना रुपैया
11 पैसा तोडाका भारि अघिदेषि चली आया वमोजीम वोकनु । --- पुरोहीत
12 जनरल काजि कम््ययाांडर कर्णेल अरू भरभारादार गैह्र आउंदा जाँदा र रक-
13 मि जाचकी जिल््ललादार गैह्रका भारि वेगारिमा नवोकनु । कं पु पल््टन् कं पनी
14 गैह्रका षेतका कु ला वाद 202 विग्रंदा र भत््क्यया विग्र्याका सागु वनाउंदा उसै ठाऊ-
15 का गाउघरका गुहारले नपुग््ददा मुक््त्ययारका दस््षत वमोजीम झारा गुहा-
16 र गरि वाद 203 कु लो सागु वनाउन््यया काम गर््ननु । येति वाहेक अरू भरभारादा-
17 र जाचकि रकमी जिल््ललादार गैह्र् कसैले पनी ज््ययाला मजुरि नदी उसै वे-
18 गारिमा भारि नवोकाउनु । हाम्रा सदरवाट पनी तीन सहर गाउ भरअम््वल-
19 मा विना मजुरि नदी कसैले वेगारि पक्री भारि नवोकाउनु भंन््यया वन््ददेज वा-
20 धिवक््त््यौौं । जस्ले यो वंन््ददेज नाघि ज््ययाला मजुरि नदी वेगारिमा भारि वोका-
21 उला उस्लाई भारि दंड सासना होला । ईति संम््वत् १९०५ साल मिति पौ-
22 ष वदि ५ रोज ६ शुभ््ममं । ---
```
[*1v*]


Translation:

[*1r*]

Glorious Durgā

Venerable guru<sup>204</sup>


#### [Royal seal]

Hail! [This is] an executive order (*rukkā*) of the venerable supreme king of great kings.

*Āge*: To [Venerable Guru], priests, *cautarīyās*, generals, *kājīs*, commanders, colonels, *saradāras*, captains, *subbās*, *kumedānas*, *subedāras*, inspectors (*jā̃cakī*) of the *kaṃpus*, *jillādāras*, *ṭhekadāras*, *dvāryās*, *tharis*, *rakamīs* etc. of various offices (*aḍḍā*) within the entire territory west of the Mechi and east of the Mahākālī.

It seems that when *bhārādāras*, *rakamīs*, *jā̃cakīs* and so on from the east and the west travel back and forth, they seize *begārī* [labourers] and make them carry loads from headquarters to different [village] quarters, which is a matter of great pain and unease to all subjects. We have been informed of this by the venerable prince and son of a prince, Prime Minister and Commander-in-Chief General Jaṅga Bahādura Kũvara Rāṇā.

From now on the *kāgatyā hulākīs* and *thāpalyā hulākīs* from west of the Mechi and east of the Mahākālī shall carry (only) loads containing military materials (*khajānā*), cash or money bags (*toḍā*) for our army in accordance with a *lālamohara* as has been done since earlier times. [*Hulākīs*] shall not carry loads [as] *begārīs* for [the venerable guru], priests, generals, *kājīs*, commanders, colonels and other *bhārādāras* etc. when coming and going, or for *rakamīs*, *jā̃cakīs*, *jillādāras* and so on. When irrigation channels[or] embankments in fields belonging to *kampus*, *palṭanas* or *kampanīs* etc. are damaged, or when repairing the broken-down bridges (*sāgu*), and local assistance is insufficient, accomplish the task of repairing the embankments, irrigation channels and bridges by calling upon *jhārā* assistance in accordance with a letter (*daskhata*) from the *mukhtyāra*205. Except in these cases, no other *bhārādāras*, *jā̃cakīs* or *jillādāras* are to obligate someone to carry loads as a *begāri* without paying him wages. I have made the prohibition (*bandeja*) that nor shall anyone seize a *begārī* [labourer] and make him carry loads without payment from our headquarters (i.e., Kathmandu) to the three cities206, villages and the entire [capital] district. Whoever disobeys this prohibition and makes [the hulākīs] carry loads as *begārīs* without payment will be subject to heavy punishment.

Friday, the 5th of the dark fortnight of Pauṣa in the [Vikrama] era year 1905 (1848 CE). Auspiciousness.

<sup>205</sup> The commander-in-chief of the Nepalese army.

<sup>206</sup> I.e., Kathmandu, Patan and Bhaktapur.

#### [*1v*]

Through [the hands of] Baṃ Bāhādura Kũvara Rāṇā. Through [the hands of] Jaṅga Bahādura Kũvara Rāṇā.

#### Commentary:

This executive order of King Surendra Vikrama Śāha, addressed to priests, government officials and military personnel, outlaws the exploitation of *hulāka* porters for personal purposes. It reflects the central government's repetitive attempts to control the misuse of porters. A plethora of documents announcing similar regulations were issued to officials in different parts of the country.207 The present document bears witness the state's intention to use the *hulāka* system for strictly military purposes; having them work on outside obligatory (*jhārā*) projects now required a written sanction from the commander-in-chief himself. It prevents in particular *hulākīs* from being used as *begārī* porters, that is, porters forced to carry loads for free.

This document has been signed by Bam Bahādura Rāṇā and Jaṅga Bahādura Rāṇā on the back side as witnesses.

The *hulāka* mail system in Nepal proved to be highly efficient throughout the 18th- and 19th-centuries. Reformed by Bhīmasena Thāpā and later on by the Rāṇās, it provided a useful means of transporting military ammunition and government mail during the Gorkha expansion. As mentioned in the current document, the *hulāka* porters were of two kinds, namely *kāgatyā*- and *thāpalyā-hulākīs*. *Kāgatyā* (var. *kāgate*) *hulākīs* were assigned to transport mail, and *thāpalyā* (var. *thāple*) *hulākīs* to transport goods. Both were provided with land for their services (cf. Ain-54 § 2.11, and Documents 7.1 and 7.2).

The *hulāka* remained a service limited to the government's own use until 1878, when it opened up to the general public through the formation of a postal service department, the Nepāla Hulāka Ghara.<sup>208</sup>

<sup>207</sup> An ordinance issued by Bhīmasena Thāpā in 1809 had already prohibited the exploitation of *hulāka* porters in a similar manner (see Document 7.2, section 4).

<sup>208</sup> Cf. https://en.wikipedia.org/wiki/Nepal\_Post, accessed 6 June 2019.

## III. Editions and Translations of Selected Articles from the *Ain* of 1854

*Simon Cubelic, Rajan Khatiwoda and Axel Michaels*

#### **Introduction: Slavery and Unfree Labour in the** *Ain* **of 1854**

With the usurpation of power by the Rāṇā aristocracy, the legal system of enslavement underwent full developement. The *Ain*, commissioned by Prime Minister Jaṅga Bahādura Rāṇā and enacted during the reign of King Surendra Vikrama Śāha*,* was promulgated on 6 January 1854.

The *Ain* not only contains several separate articles exclusively concerned with various aspects of slavery (Ain-54 Art. 80–86, 161–162), but legal regulations concerning slaves, bondservants, maids and other unfree labourers are found in almost every other field—from land ownership, inheritance and private commercial contracts to the law governing sexual offences and ritual observances. This indicates that social relations of extreme legal and economic dependency were a ubiquitous phenomenon in nineteenth-century Nepal. However, the *Ain* as a legal code is not simply a mirror of the various existing forms of unfree labour, but also an attempt to systematize and standardize them and to reconfigure their relation to key institutions of the Rāṇā order, such as the state, feudal landholdings, religious endowments, the caste system or the household. Thus, a closer look at the semantic field of unfree labour in the *Ain* is, at the same time, a window onto the governmentality of the Nepalese state itself. In that regard, slavery is much more than "just" an extreme form of coercive economic exploitation. It serves as a constitutive feature for a wide array of modes of stratification, institutional settings and social codes, such as lordship, political privilege, honour, kinship relations, caste and gender.209 It is the

209 For an "embedded" view of South Asian slavery which stresses its conceptual and normative interconnections with caste, religion and household and military affairs see Chatterjee (2017).

interplay of slavery with these phenomena which helps to elucidate the peculiarities of Nepal's slavery regime.

#### Slavery and the Household

In the *Ain*, slavery is closely tied to the institution of the household.<sup>210</sup> Certainly, belonging to a household primarily meant being the property of a joint family. As family wealth, slaves could be sold (Ain-54 Art. 81), mortgaged (Ain-54 §§ 20.5–6) and passed on as inheritance (Ain-54 § 22.8), or given away as dowry or gifts (Ain-54 § 28.11). However, despite being turned into a commodity, slaves were nevertheless considered to be a part of the household, even though they were situated at the extreme end of a continuum of dependent statuses.211 A striking example in that regard is Ain-54 § 97.30, which shows that, in the case of their master's death, slaves were affected by death impurity to the same degree as his closest relatives, and thereby assigned a ritual role in the household life.212 The passage is not only revealing in that it demonstrates the nexus between slavery, kinship, ritual and the household, but also because it brings together various forms of unfree labour existing within this dependency structure:

If one's master or mistress dies, and the household is polluted by [death] impurity, a servant in servitude, a Khavāsa, a maid, or a male or female slave is fully afflicted by the death impurity. A wage-earning servant, a male or female bondservant, or a servant working for his keep are afflicted by the impurity for 3 days. A servant is not afflicted by the impurity, except when the master or mistress of his household dies, [but not] if any other of the master's [more distant] family members dies for whom a 10-day mourning period is prescribed. (Ain-54 § 97.30)


At the apex of the household pyramid was the *khasam* or master. This generic term designated the head of a household. It covered both the role of a family head and that of a master of different categories of servants. Rarely, the term *mālik* (predominantly a designation for government officials) is used synonymously in the same context (e.g., Ain-54 §§ 106.25–27). In regard to bondservants (*bā̃dhā*) and slaves (*kamāro*), the term *dhanī* ("owner") is also employed, stressing the ownership which the master exercises over them (e.g., Ain-54 §§ 20.7, 12).

*Cākara* was a generic term for a servant attached to the master's household, probably on a long-term basis. Two different types of *cākara* are to be distinguished, those working for wages (*darmahādāra cākara*) and those working only for their keep (*mānu khāi cākarī garne*). The rarely used term *bhatuvā* (a servant working only for food, Ain-54 § 85.3) seems to be a low category of the latter. In contradistinction to a bondservant (*bā̃dhā*) and slave (*kamāro*), a *cākara* can neither be pledged nor sold and their subordination to the master is of a contractual nature.

The term *keṭī* ("maid") is often understood as a synonym for a female slave (see e.g., Hamilton 1819: 20). In the *Ain*, however, *keṭī* without any qualification seems rather to be a generic term for any kind of female servant or maid. Thus, if the slavehood of a young unmarried woman is to be expressed, the term *kamārī keṭī* (Ain-54 § 23.6) is used. The otherwise frequently used term *keṭī* occurs only in a few instances in the *Ain*, which indicates that the legally more precise term *kamārī* was preferred.

The term *bā̃dhā* (m.)/*badhetyānī* (f.) refers to a bondservant. There were two forms of bondservitude (Ain-54 § 82.6): The first resulted from a non-usufructuary security-backed loan agreement (*dṛṣṭi*-*bandhaka*), according to which the person put up as a pledge becomes the possession of the creditor only after the debtor fails to pay back the loan. In a usufructuary security-backed loan agreement (*bhoga-bandhaka*), the person put up as a pledge has to do labour at his creditor's house. A convict from an Enslavable caste unable to pay his fines to the government could be forced to work off his dues (Ain-54 § 35.9). Theoretically, bondservants can reclaim their freedom by paying off the debt (Ain-54 § 80.8); in contrast to slavery, bondservitude is defined as a temporary state. Bondservants can be put up as pledges by their creditors (Ain-54 § 19.8), but in contradistinction to full slaves not sold. Only those persons were eligible to serve as bondservants who were liable for the repayment of a loan agreement, which means male members of a household who were entitled to a share in the joint property (Ain-54 § 82.7) and had reached the age of maturity (Ain-54 § 82.12). Maybe this regulation was an attempt to restrict the transfer of girls as bondservants, because of the sexual abuse they faced in the creditor's household (see below).

*Kamāro* (m.)/*kamārī* (f.) designates a "full" slave who is treated as a commodity and can be conveyed as property.213 A *kamāro* was still entitled to hold private property (Ain-54 § 18.8), but his right to bequeath it to his children was considerably restricted (see below).<sup>214</sup> A slave could become emancipated (*amalekha*) or a free person (*ajāputra*) in one of the following ways: either by being freed by the master (Ain-54 § 82.16), especially slave women taken as concubines by the master (Ain-54 §§ 23.6, 24.2), by being freed on the basis of a court verdict in the case of a master committing extreme atrocities against his slave (Ain-54 §§ 60.4, 67.4), or by fleeing to Surkhet and Morang (Ain-54 §§ 2.64–65).215 However, emancipation did not lead immediately to full legal autonomy.216 The *Ain* indicates that there were arrangements by which a slave was emancipated, but remained in servitude in his master's household (Ain-54 § 82.16). Despite the differences, bondservitude and slavery were, as extreme forms of bondage, also conceptually linked. Both states were only permissible for members of Enslavable or lower castes (Ain-54 §§ 82.7, 129.10), both were designated as *jyū* ("body")217 (Ain-54 § 40.10–11), in both


cases the act of release is designated as *amalekha* (emancipation) (Ain-54 § 50.10), and both subjects were dealt with in the same articles (for example, Ain-54 Art. 82).

More enigmatic is the term Khavāsa. In historical sources and secondary literature, several, partly contradictory, definitions exist.218 The *Ain* distinguishes four types of Khavāsa: those who are in servitude (*kariyā*), emancipated Khavāsa, Pasuvā Khavāsa219 (Ain-54 § 126.7) and Khāna-Khavāsa (Ain-54 § 31.11). The category of the Pasuvā Khavāsa is most probably borrowed from Rajput courts, where Khavās Pāsbāns as personal attendants of the rulers could rise to powerful positions through their loyalty and the intimate relationship with their masters.<sup>220</sup> According to the *Ain,* Khāna-Khavāsas were recruited among orphans with unclear caste backgrounds. Since the term also refers to a title bestowed by rulers in the Indo-Persian context, one might assume that Khāna-Khavāsas were slaves directly serving the king, maybe because their loyalty was assured on the grounds that they had no remaining social ties of any kind.<sup>221</sup> In general, the institution of the Khavāsas in Nepal evinces the influence of Indo-Persian concepts of slavehood insofar as, within elite households, slavehood was not necessarily identical with low status and deprivation from economic resources. It was also not inevitably a permanent status and therefore master-slave-relations could turn into patron-client-relations. Under favourable conditions slavehood might even have opened certain career paths (Eaton 2006: 6). However, this should not obscure the fact that even such privileged slaves or servants still remained in positions of strong dependency and their lives were at the mercy of their masters. For the sake of a definition, it seems safe to assume that Khavāsa was used more as an umbrella term for current or former slaves of the nobility and the offspring born


#### 188 — III. Editions and Translations of Selected Articles from the *Ain* of 1854

*Fig. 2:* Dependency Statuses within the Household

of unions of nobles and slave women. A slave owed his or her master absolute loyalty and submission under his authority. Hence, violations of this loyalty entailed the most drastic consequences. For example, sexual intercourse with the master's wife or daughter was punishable by death, irrespective of the circumstances and the former caste status of the slave (Ain-54 § 161.1). Even the slightest physical act against the master was punished by imprisonment (Ain-54 § 59.16). However, the power a master could exercise over his slave was not absolute and unconditional. If he abandoned a slave during sickness (Ain-54 § 85.1) or subjected him to humiliating practices (Ain-54 § 60.4), a master forfeited his ownership rights and the slave was to be emancipated.

The *Ain* served as an instrument for institutionalising and legalising slavery, but no single, clear-cut legal category for slaves is formulated there. What we find instead are various degrees of enslavement, depending on the extent to which the relationship between master and slave had a contractual component, the extent to which a slave was commodified (sellable, pledgeable and so forth), to which his caste identity and family ties were suspended, and to which it was legitimate to exert physical violence against him, as well as the extent of control he exerted over his property, and also, finally, depending on the duration of a slave's servitude (see Fig. 2).<sup>222</sup>

<sup>222</sup> This resembles the concept of *slaving* employed by M. Zeuske (2018: 23–24), which refers to the various strategies used in history to exercise control over human bodies through the combined effects of disembedding and degrading a person.

#### Slavery and Kinship

Slavery is often seen as the antithesis of kinship. A slave is forcibly removed from his family and locality, deprived of the possibility to participate in the socio-ritual practices of his former kin group and transplanted into a social environment foreign to him or her. Although slaves could become members of their master's extended household, it was far more difficult to enter into a kinship relation with their master's family. For male slaves it was, in fact, impossible. A slave woman could enhance her status by giving birth to her master's offspring. In such a case she was no longer considered a slave, at least as long as she remained faithful to her owner, and her children were not only free, but also entitled to a diminished share of their father's estate (Ain-54 § 129.8).223 If the master was from a Sacred Thread-wearing caste and he took the slave woman as his wife, their sons had the same right to wear the sacred thread as the master's legitimate offspring (Ain-54 § 91.2).224 This indicates that at least a certain part of the slave population re-entered kinship networks and thereby mainstream society through the institution of concubinage.225

The *Ain* also deals with family relations among slaves. Slave families were vulnerable and precarious institutions. A slave couple living together was allowed to transfer property to each other (Ain-54 § 28.10). Slave children were entitled to their father's estate, but this legal privilege ceased as soon as the children were sold off to a different household (Ain-54 § 28.11). However, even when father and children were separated, it had at least to be ensured that his children could use his estate to perform his funerary rites.226 Slaves only regained the full right to pass down their estates after emancipation (Ain-54 § 28.12). The relation of a slave mother to her slave children was only protected up to the time when the child reached the age of eleven. Afterwards,

<sup>223</sup> If children were born of a slave woman to a free person who was not her owner, the children were still considered slaves belonging to the owner of the slave mother. It was at the discretion of the owner to sell the children to their father (Ain-54 § 82.2). Free children could only be born into the kin group of the slave woman's master.

<sup>224</sup> Cf. Rupakheti (2017: 182).

<sup>225</sup> Female bondservants were likewise released from bondage once they became formal consorts of their master (Ain-54 § 129.12).

<sup>226</sup> In this case, the major share of the slave's estate belonged to his owner. Again, there is a homology between the master-slave and king-subject relation. As the escheats of the property belong to the state (Ain-54 § 28.9), the escheats of a slave belong to his master (Ain-54 § 28.10).

it was permissible to separate a mother from her children (Ain-54 Art. 83). Interestingly, enslavement did not necessarily mean losing one's family. If a married man was enslaved and his wife consented to continue the marriage with him, they were allowed to live together as husband and wife and the children of such a couple were still considered to be free persons (Ain-54 § 161.9). Weak to non-existing kinship ties and limited inheritance rights among slaves came close to the states of natal alienation and social death what characterise slavery, according to Orlando Patterson (1982). The fact that the *Ain* even touches on the issues about family status and ritual matters among slaves indicates that the slaves that were being considered were most probably "internal" to Nepal, and were not foreigners or war captives from distant places.227 The regulations concerning slave women suggest the existence of a slave-kinship-continuum where slave consorts and their offspring were integrated as lesser kin into the master's family in order to increase their "wealth-in-people" (Chatterjee 2017; Guha 2013: 122).

#### Slavery and Caste

The relationship between slavery and caste is similar to that between slavery and household and, partly, kinship. Slavery was entangled with the caste system, rather than being a status in which such social codes are totally suspended. The most visible link between both institutions is the category of the Enslavable castes. Only persons from lower castes could be turned into slaves; the status of being non-enslavable represented an upper-caste privilege and a powerful element in social distinction (see Table 4 for an outline of caste hierarchy in the *Ain*).<sup>228</sup> In that regard, slavery enforced the caste hierarchy, rather than subverting it. Viewed in this light, it is not surprising that enslavement, though a radical degradation in status, did not lead to a complete eradication of a slave's former caste identity. Slaves could, after their emancipation,

<sup>227</sup> For the distinction between internal and external slavery, see Zeuske (2018: 50). However, from the documentary sources, one could infer that slave owners and slaves came at least from socially different groups, since the majority of slave owners belonged to the upper castes (see for example, Document 5.4) and enslavability was limited to the members of the lower caste groups.

<sup>228</sup> This privilege seems to have been unalienable. Even when a member of a Sacred Thread-wearing caste was degraded to an Enslavable caste, he was still exempted from the punishment of enslavement (Ain-54 § 82.17, see also Rupakheti 2017: 182).

*Table 4:* The Caste Hierarchy in the *Ain* of 1854<sup>i</sup> (⁎ = Ethnic group)

#### **1. Caste group of the "Sacred Thread-wearers" (***tāgādhārī***)**

Upādhyāya Brahmin

Devabhāju (Newar Brahmins)

Brahmins of foreign kingdoms: Terhaũte Brahmin, Bhaṭṭa Brahmin, Marhaṭṭā Brahmin, Nāgara Brahmin, Gujarātī Brahmin, Mahārāṣṭrīya Brahmin, Tailaṅgī Brāhmin, Dravidian Brahmin, Brahmin of Madhesa

Asala Rājapūta, Rājapūta, Chetri / Kṣatriya ("warriors")

Asala Jaisī Brahmin, Jaisī Brāhmin, Doṭyāla Jaisī, Jumlī Jaisī, Duī-Liṅga-Jaisī, Tīna-Liṅga Jaisī

High Newar castes such as Tharaghara, Asala Śreṣṭhaii Hamāla

Bhāṭa / Bhāṭa Jaisī

Some ascetic sects (such as Jogī, Jaṅgama, Sannyāsī, Sebaḍā, Kanaphaṭṭā, Udāsī and Baghara, etc.)iii

#### **2. Caste group of the "Non-enslavable Alcohol-drinkers" (***namāsinyā matuvālī***)**


Newar castes from whose members water is acceptable


192 — III. Editions and Translations of Selected Articles from the *Ain* of 1854

*Table 4 (continued):* The Caste Hierarchy in the *Ain* of 1854 (⁎ = Ethnic group)

#### **3. Caste group of the "Enslavable Alcohol-drinkers" (***māsinyā matuvālī***)**


Ghartī (descendants of freed slaves) from hill regions, also called Pāre/ Pāryā Ghartī


Newar castes from whose members water is unacceptable

**4. Water-unacceptable but Touchable castes (***pāni nacalnyā choi chiṭo hālnunaparnyā***) according to Ain-54 § 160.17** 

Muslim (Musalamāna)

Telī of Madhesa (oil sellers)

Kasāī (butchers)

Kusle (Newar caste who brush and sweep the courtyards of the palaces, of the houses of high-ranking officials or in the temples, and play musical instruments in the temples)

Dhobī (washermen)

Kulu (leather-workers)

Christians, Mleccha (European)

Curauṭe (Muslim braclet sellers, mainly in the Kathmandu Valley)

Kalavāra (brewers, merchants)

\* Mecyāvi

v The caste status of this group, only mentioned in Ain-54 § 89.49, is not clear.

vi The members of the Mecyā caste were upgraded to a Water-acceptable caste in 1860 (Ain-54 § 89.49).

*Table 4 (continued):* The Caste Hierarchy in the *Ain* of 1854 (⁎ = Ethnic group)


regain a caste identity. The *Ain* classifies ex-slaves into two different caste groups. The first is that of the Pāryā-Ghartīs229 assigned to the Enslavable castes. A higher status is granted to former Khavāsa slaves, who are treated like members of a Non-enslavable Alcohol-drinking caste (Ain-54 § 126.7). Whether a person was subjected to slavery at all, how he was legally treated as a slave, and his social status after emancipation was thus highly dependent on the caste system.

Slavery, State and the Ruling Classes

Slavery in the *Ain* is not only shaped by the institutions of household and caste, but also placed under strict state control (Rupakheti 2017: 183). This is largely accomplished by the following three measures. First, the state prohibits the enslavement of a person on account of indebtedness. Defaulting on debt-payments could turn a free person into a bondservant (*bā̃dhā*), but not a slave (*kamāro*) (Ain-54 § 82.1).<sup>230</sup>

<sup>229</sup> The term *ghartī* serves also as a category to classify people of "notorious" origin, such as the offspring of certain incestuous or hypergamous unions (Höfer 2004: 105).

<sup>230</sup> Besides enslavement as a punishment, there were only two other legally recognized origins for a person's slave status in the *Ain*: either a bondservant was turned into a slave before VS 1914 (Ain-54 § 82.1), or the person was born of a union of a slave couple or a slave woman and a free person from outside her owner's household.

The same passage also indicates that the *Ain* banned self-sale into slavery, but no general rule in that regard can be found in the Code. However, parents who sold their children were heavily fined (Ain-54 § 81.3). Second, the only legal method of enslavement regulated in the *Ain* was that of state-enforced punishment for members of Enslavable castes, mostly for offences against the caste hierarchy, such as the intentional contamination of high caste members (e.g., Ain-54 § 87.7, 15–16; 90.10–11, 16, 18) or sexual intercourse with upper-caste women (e.g., Ain-54 § 105.5, 15; 139.3), but also for criminal offences such as rape (Ain-54 § 132.7–8), infanticide (Ain-54 § 143.2), arson (Ain-54 § 73.4) or theft (Ain-54 § 68.38). The ownership of the enslaved criminals was tied to the ownership of the land where the crime was committed. If it had taken place on land under state control, the slaves were managed by the local *amālī* (Ain-54 § 86.1), but if it was committed on feudal estates such as *birtā*- or *guṭhī*-land (Ain-54 § 86.2), the slaves came into the possession of the landlords or trustees. This suggests that the *Ain* created a monopoly on slaves and slave labour for the state and the feudal classes and thereby reinforced the tributary labour relations existing already in the form of tenurial arrangements and corvée labour. Third, the *Ain* regulates the ownership and commercial aspects of slavery in great detail. The value of slaves (Ain-54 § 82.4) and their labour (Ain-54 § 80.10) were fixed so as to calculate damage claims in judicial disputes, and procedures were established for the registration and verification of slave sales at government courts (Ain-54 § 81.3, 82.1). These regulations consolidated the property rights of slave-owners and supported the creation of a more secure market in slaves based on verified property titles.

The aim of the *Ain's* slavery policy is, at least partly, evident. By restricting enslavement to a state-imposed punishment, the *Ain* created a powerful instrument to discipline the lower classes socially and at the same time exploit them economically.231 The creation of a monopoly on slaves through the penal system guaranteed the state's unhindered access to labour and consolidated the dominance of the land-owning classes. However, it is not entirely clear why other roads into enslavement, such as indebtedness or the sale of children, were banned. Was it a strategy to legitimise the slavery system by justifying it as deserved punishment for severe moral transgressions? Or was it an attempt to prevent a massive enslavement of the population that

231 See also Rupakheti (2017: 183).

would have decreased tax income and agricultural expansion by free peasant households, and enriched landlords at the expense of the state treasury?

#### Slavery, Gender and Honour

Slave women were not only exploited in terms of their labour, but also sexually. The male members of a household were granted impunity for sexual intercourse with a slave woman, except in the case where she had already entered a more formalized relationship with the head of the household (Ain-54 § 129.1). In the laws governing sexual crimes, slave women are treated on a par with women classified as *veśyā*, a term used for "common women" who had several sexual partners, or for prostitutes (Ain-54 § 109.5). This not only reflects the "dishonourable" status of slave women, but also the lack of any substantial legal protection from sexual abuse. The dishonourable, sexually available slave woman served as the counterpart against which the ideal of the chaste, faithful, ritually married wife was constructed.232 This clearly shows that slavery in the *Ain* is also an intersectional phenomenon which varies in accordance with the interplay of multiple modes of discrimination, such as those based on the slave's former caste identity or gender. In the context of a patriarchal society, it is not only the status of a woman which is determined by her chastity, but also the honour of her husband or other male relatives, who are responsible for protecting her chastity and avenging any violation of it. In the *Ain*, this concept of honour is enshrined in an aggrieved husband's right to kill his wife's paramour (Ain-54 § 134.1)—actually not only a right, but also a duty, since not exercising it could entail the payment of a fine for "unmanliness" (Ain-54 § 141.19). In that sense, the husband of a (former) slave woman who was unable to protect his wife's chastity also served as the opposite to a man of honour. Even after their emancipation, the dishonourable state of slaves persisted for several generations. Former slaves and their offspring belonging to the Pāryā-Ghartī caste were denied the right to kill their wives' paramours (Ain-54 § 139.6), and calling a free person a Pāryā-Ghartī was considered a punishable insult (Ain-54 § 56.6). In the *Ain*, the female slave

<sup>232</sup> This nexus between slavery, honour and the status of women has recently been explored by D. Graeber (2011: 165–85).

196 — III. Editions and Translations of Selected Articles from the *Ain* of 1854

body serves as a discursive object for the consolidation of patriarchal social codes such as chastity and honour and the social hierarchy that rested on them.

#### Conclusion

The law on slavery is a revealing source for the foundation of the Rāṇā-order both in material and ideological respects. On the one hand, the regulations were intended to increase the control over the lower castes and their labour force exercised by the state and the ruling classes. On the other hand, the conceptual and ideological implications of slavery were equally important. Slavery as a state of institutionalised intersectional marginality served as the extreme reference point through which foundational concepts and institutions of the social order—such as the chain of dependencies in the household, status in kin groups, the caste hierarchy, tributary production relations or gender categories—were established or consolidated.

## **Editions and Translations of Selected Articles**

The texts from the *Ain* of 1854 presented in this section have been transcribed from the book *Śrī 5 Surendra Bikram Śāhadevakā Śāsanakālamā Baneko Mulukī Ain* published by Kānuna tathā Nyāya Mantrālaya in VS 2022. Emendations are partly based on Ain-54-JF.

Article 11: *jhārākhetālā* (On Forced Labour)

Edition:

१. विर््तता सुनागुठि छाप रैकर षेत पाषामा मोहि कु रियाले लेषतपत्र गरि षेताला भरिया दिन््यया गर्याको रहेछ भन््यया तेस््ततालाई षतवात लागदैन । कवोल लेषपत्र नभयाकालाई कर लगाई षेताला भरिया लियेछ र कोहि कराउन आयो भन््यया रोजको १० पैसाका हिसावले मजुरी दिलाई सोही वमोजिम् दंड गर््ननु । कवुल वमोजिम् मोहिले दियेन भन््यया षोसिदिनु ।

२. अमाली रकमीहरूले आफ््नना काज निमित्त रैतिलाई गुहारि लि काममा नलाउनु । अमाली जागिरदार रकमीले गाउ सहर षुवामा जादा कर लगाई मेजमानी नषानु । रैति प्रजाले पनी नदिनु । ज््ययाला मजुरि कवुल गर्याको दियेन र जवरजस््ततिसित गुहारि भनी काम लगायो केहि दियेन भनी रैति कराउन आयो र सावित ठहर्यो भन््यया मंजुर कवोल गर्याकालाई कवुल वमोजिम् जवरजस््तति गुहारि लिन््ययालाई रोजको ४ आना मंजुरी <sup>233</sup> लाई सोही वमोजिम् जरिवाना गर््ननु ।

३. दरि चली आयाका राजकाजका झारा वाहेक जागिरदार अमानत इजारादार ठेकदार फौजदार चौधरि कानुगोइ मुषिया रकमी गैह्र कामदारले आफ््नना निमित्त र पुर््व पश्चिम जान््यया जनरल कर्णेल चौतरिया काजी सर््ददार भारादार गुरुप्रोहित छोटा वडाका निमित्त वेगारि झारा वेठि नलगाउनु । वेमुनासिव गरि रैति दुनिञालाई झारा वेठि वेगारि लगाई कराउन आया भन््यया रोजको १ के चार आनाका दरले ज््ययाला मजुरी दिलाइदिनु । दिलाया वमोजिम् जरिवाना गर््ननु ।

४. आफ््नना षुवा गाउका मानिसहरूलाई भरिया तुल््ययाई काहि लैजानु पर्यो भन््यया जति दिन लाग््छ हीसाव गरि साज विहान षान र रोजको दस पैसा मजुरि दि लैजानु । मजुरी पाइन भनी कराउन आया एसै हिसावले दिलाई दि वीगा वमोजिम् दंड गर््ननु ।

#### Translation:

1. If tenants (*mohī*) and peasants (*kurīyā*) [cultivating] *birtā*, *sunāguṭhī*, *chāpa* land or state-owned irrigated paddy fields or unirrigated highlands provide farm labour or porterage [to their landlords], having issued a written agreement to do so, [the landlords] shall not be held accountable. [If a landlord] forces [the tenants and peasants] to provide him with farm labour and porterage without any verbal or written agreement, and if someone comes to complain about it, the landlord shall be made to pay them wages at the rate of 10 *paisās* per day, and shall be fined an amount equal to that. If the tenants do not provide their landlords [with the services] they agreed to, [such] tenants shall be evicted [from the land].

2. *Amālīs* and *rakama* holders shall not request subjects to carry out work for private purposes. *Amālīs*, *jāgira* or *rakama* holders shall not enjoy generous hospitality from the subjects when they visit the villages, towns or land assigned to them, forcing them to do so. Also, the peasants and subjects shall not give generous hospitality to [such functionaries]. If a peasant comes to complain that [his landlord or a government functionary] has not paid [his wages] as agreed, or has requested services and made him work by force, but has not paid at all for this, and if such an allegation is proven, the person who agreed to the wages [but did not pay them] shall be fined an amount equal to the wages he agreed. The person who forces [peasants] to serve him shall be made to pay them a daily wage of 4 ānā per person and shall be fined an amount equal to that.

3. Except for forced labour for state affairs, which has been established and practiced [from times past], a state functionary, such as a *jāgira* holder, revenue collector, *ijārā* holder, contractor, a *caudharī*<sup>234</sup>, *kānugoi*235, *mukhīyā*, *rakama* holder or the like, shall not demand [forced labour such as] *jhārā*, *beṭhī*, *begārī* for his personal purposes or for other state officials—irrespective of whether they are low or high in rank—who are stationed from east to west, such as generals, colonels, *cautarīyās*, *kājīs*, *sardāras*, *bhāradāras*, [royal] gurus or priests. If [forced labour such as] *jhārā*, *beṭhī*, *begārī* is demanded from peasants or commoners unlawfully, and if someone comes to complain about it,

<sup>234</sup> A headman or landlord vested with revenue-collection rights, especially in the Tarai.

<sup>235</sup> A local official responsible for tax collection and record-keeping in the Terai regions.

[the official who demanded forced labour] shall be made to pay them wages at a rate of 4 ānās per day for 1 person and shall be fined an amount equal to [the wages] he has to pay.

4. If [an official] has to take people from the land or villages assigned to him somewhere as porters, he shall calculate the number of days he requires their service, give them food for the morning and evening, pay them a wage of 10 *paisās* per day and take them with him. If someone comes to complain that he has not received his wage, [the official] shall be made to give him [the wage] according to this rate and shall be fined an equal amount.

#### Article 28: *aputāliko*

(On Property Passed On in the Absence of a Son as Heir)

#### Edition:

१०. यौटाको कमारो यौटाकि कमारिसित वस््ययाको छ । दुवै मरि अपुताली पर्यो भन््यया कमाराको धन कमारैका धनिको हुछ । कमार ुं िको धन कमारिकै धनिको हुछ । ुं कमाराले आफ््ननी स््ववास्नीलाइ दियाको धनमाल स््ववास्निकै हुछ । अरूले ुं लिन पाउदैनन् । ११. वावु चाहि षसम््कका घर रह्याको छ । छोरा छोरी विकि अनेत्र गयाका र दातव्य दाइजो दि अंतै गयाका छन् । वावु चाहि षसम््कका घर मर्यो भन््यया वेचि दानदातव्य गरि दि सक््ययाका छोरा छोरिले वावुको अपुताली षांछु भन््यया पाउदैन । विक््ययाका दाइजो दियाका छोरा छोरिवाट वावु आमाको धनले काजकृ या गराइरह्याकामा सयकरा १० रूपैया कृ या गर््न्यया छोरा छोरिलाई दि रह्याको षसमले षानु । षसमले पाउछ । १२. कमारा कमारि पार भै एका अम््वलमा गै धुरी धुवाइ तिरो भरो गरि वस््ययाका छन् । पार भयापछि जन््म्ययाको छोरा छोरि छैनन् । पार नहुदै जन््म्ययाका कमारा कमारि छोरा छोरि एकै अंवलमा छन् भन््यया पनि अर्कै अम््वलमा रह्याछन् भन््यया पनि अपुताली उस््कका छोरा छोरिले षान पाउछन् । अमालि धनिले पाउदैनन् । सर््ककार पनि लाग््ददैन ।

#### Translation:

10. If someone's male slave lives together with someone else's female slave, and if both die leaving their property without a son as heir to, the property of the male slave goes to his owner, and the property of the female slave goes to her owner. Any property given by the male slave to his wife belongs to the wife. No one else shall be permitted to take it.

11. If a [slave] father lives at his owner's house, but his sons and daughters have gone somewhere else, having been either sold or given away as a gift or dowry, and if the father dies at the house of his owner, the sons and daughters who have been sold or given away as a gift or dowry shall not receive their father's property, for which there is no [legally recognised] son as heir. The sons and daughters who were sold or given away as a dowry shall carry out the funeral rites from their father's and mother's wealth. From whatever remains, 10 rupees per 100 shall be given to the sons and daughters who perform the funeral rites, and the owner shall enjoy the rest; the owner shall receive it.

12. If a male and a female slave are emancipated, and they go [together] to some administrative district and settle down, establishing a household (*dhuri dhuvāunu*)236 and paying the levies [there], and if they have no sons and daughters born to them after their emancipation, their sons and daughters born to them before their emancipation shall be permitted to enjoy [what otherwise would be] property for which there is no son as heir to, irrespective of whether they are living in the same or a different administrative district [to the one their parents lived in]. The *amālī* official or their owner shall not receive it, nor shall the government seize it.

Article 80: *bā̃dhā kamārā bhagāunyāko* (On Letting Slaves or Bondservants Escape)

Edition:

१. कसैका कमारा कमारि कसैले भगाइ मोगलाना पुर्यायो भनि कोहि अदालत् ठाना अमाल््ममा फिराद गर््न आयो भन््यया रोवकार गर््ददा भगायाको ठहर्यो भन््यया जस््लले भगायाको छ तेसलाइ झिकाउन लगाइ निम््ययाकस््ममेत् ज््ययू सौपाइदिनु । धनिले फे ला पारि झिकायो भन््यया लाग््ययाको षर््च र निम््ययाकस््ममेत् भगाउन््ययावाट भराइदिनु । झिकाइदिन नसक््यया भगाउन््ययालाइ अैन वमोजीम ज््ययूको वर््षको अैन वमोजीम््कको मोल धनिलाइ भराइ मोलका विगा वमोजीम दंड गर््ननु । रुपैया नतिर्या अैन वमोजीम् कै द गर््ननु ।

२. कसैका कमारा कमारि वाधा वधेत््ययानि आफु ले भयो अरू कसैलाइ लाइ अह्राइ भयो चोरि भगाइ लैगि आफ््नना घर््ममा लुकाइराष््ययो अथवा वाहिर कांहि लैगि लुकाइराष््ययो भन््यया तेसले राष््ययाका ठाउवाट मरि भागि गयाका भया पनि अैन वमोजीम््कको उस््कका घरवाट मर्या भाग््ययाका दिनसंम््मको निम््ययाक् र मोल् विगो भराइदिनु । मरे भाग््ययाका रह्याछन् भन््यया निम््ययाक र ज््ययूका जिवै फिर््तता गराइ मोल् विगा वमोजीम् दंड गर््ननु । रुपैया नतिर्या अैन वमोजीम् कै द गर््ननु ।

236 Lit. "to make the roof-tree smoky".

३. एकाको कमारो एकाकी कमारी धनिले थाहा नपाइ आफु आफै मतो गरि भाग््ययाका रह्याछन् भन््यया कमाराका धनिले पनि कमारिका धनिलाइ विगो भर््ननु पर्दैन । कमारिका धनिले पनि कमाराका धनिलाइ विगो भर््ननु पर्दैन । आफ््नना आफ््नना ज््ययू फे ला पार्याका लिनु । अडा अदालत् ठाना अमाल्वाट पक्र्याको रहेछ भन््यया पनि अरू कसैले पक्रि ल््ययाइदियो भन््यया पनि पक्रि ल््ययाउन््ययालाइ जिय १ को ५।५ रुपैयाका दर्ले पनाउनि दिलाइ जस््कका कमारा कमारी हु सौ ुं पिदिनु ।

४. कसैले अर््ककाका कमारा कमारि वाधा वधेत््ययानि भागि आयाका आफ््नना घरमा आया भन््यया फलानाका हुन् भनि थाहा पाया जस््कका हुन् उस््ललाइ जनाउ दि सौपिदिनु । टाढा रहेछ भन््यया तेरा वाधा वधेत््ययानि कमारा कमारि ञाहा हाम्रा घरमा छन् लिन पठाइदेउ भनि चिठि षवर पठाइ सौपीदिनु । लिन पठायेन भन््यया आफ््नना घरवाट

मर्या भाग््यया भन््यया पनि निम््ययाक् मोल केहि दिनु पर्दैन । षतवात पनि लाग््ददैन । ५. कसैका कमारा कमारी वाधा वधेत््ययानिले भागि जात ढाटी अरू कसैका घरमा वस्न गयाका रह्याछन् । राषन््ययाले पनि इ एस््तता वाधा कमारा भगुवा हुन् भनि थाहा नभै राष््ययाकामा धनिले पत्ता पाइ पक्रन गयो भन््यया त््ययो वास दि राषन््ययाले वाधा कमारा जो हो उहि ज््ययू सौपिदिया हुछ । थाहा नभै राष् ुं ्ययाकाको निम््ययाक् तिर््ननु पर्दैन । ज््ययू मर्याको भया र उस््कका घरवाट पनि भाग््ययाका भया मोल पनि तिर््ननु पर्दैन । दंड पनि हुदैन ।

६. अर््ककाका कमारा कमारि मेरो हो भनि वेचन््ययालाइ वेच््ययाका कमारा कमारिको ज््ममा थैलि लिन््ययालाइ भराइ दसौद लि वेच््ययाका थैलि वमोजीम् दंड गरि कमारा कमारि धनिलाइ विहोराइदिनु । अर््ककाको वाधा मेरो हो भनि अन््त सारि रुपैया लीयाको भया धनिलाइ वाधा दिलाइ किंन््ययाको थैलि भराइ दसौद लि अर््ककाको वाधा मेरो हो भनि सार््न्ययालाइ थैलिका विगा वमोजिम् दंड गर््ननु । रुपैया नतिर्या मैन््हहाका रुपैया ५ का दर्ले कै द गर््ननु ।

७. कसैका कमारा कमारिले षसम््लले भन््ययाको मानेनन् कामकाजमा टेरेनन् विराहाको कामकाज गर््न्यया गर्या र षसम््लले नकुटि कै द गर््छछु भन््ययो भन््यया अदालत् ठाना अमाल््ममा साधनु । अदालत् ठाना अमालवाट पनि आज्ञा वचन् दिनु । नेल ठिगुरा चमौट हाल््ननु । भाग््ययाका कमारा कमारि पक्रियाकालाइ अदालत् ठाना अमाल््ममा साधनु पर्दैन । धनिले नेल् ठिगुरा चमौट् हालनु । धनिलाइ षतवात लाग््ददैन ।

८. ज््ययू भोग वाधा लिदा दिदा वाधाले रुपैया तिरि अर््ककाका घर सर््न लाग््ययो भन््यया तमसुकमा लेषीयाका मितिमा रुपैया तिरि सर््ननु । मिति नआइ अघि पछि रुपैया तिरी सर््न पाउदैन । आफै ले थैलि तिरि निषनिन लाग््ययो भन््यया असार मैन््हहा वाहेक जहिले रुपैया तिर््छ थैलि वुझि लि तमसुक फारि साहुले छोडिदिनु ।

९. कसैका वाधा वधेत््ययानि आफ््नना मुनासिवले भागी गयाका धनिले फे ला पार्यो र वाधा वधेत््ययानिले रुपैया तिर््न लाग््यया भन््यया तेस््कको निम््ययाक् भराउदा थैलिको दोवर नहुज्ुं ्ययाल् दिनको १ आना का दरले निम््ययाक् भराउनु । थैलिको दोवर् भयछ भन््यया निम््ययाकको हिसाव नगर््ननु । थैलिको दोवर भराउनु ।

१०. कमारा कमारि वाधा वधेत््ययानिको निम््ययाक् भराउनु पर््ददा जना १ के रोजको २ आना मध््यये षानालाइ १ आना दि वाकि १ आनाको हिसावले भगाइ लैग््ययादेषि उस््कका घरमा रह्यासंममा ठहर्याको निम््ययाकको ज््ममास््ममेत् ज््ययूफिर््तता गरि सौपाइदिनु । मोल् भराउनु पर््ददा पनि एसै रीतले ठहर्याको निम््ययाकस््ममेत् गरि अैन वमोजिम््कको वाधाको थैलि कमारा कमारीको मोल धनिलाइ भराइदिनु । भगाइ लैग््ययापछि धनिका जिम््ममा नलाग््ददै मर्याको रहेछ भन््यया मर्याका दिन् तकको निम््ययाक् र अैन वमोजीम््कको मोल् भराइदिनु ।

११. कसैको वाधा भागी गयाको पक्रि आयो भन््यया धनिले नेल ठिगुरा चमौट् हलाउछु भन््यया भाग््ययाका दिनका निम््ययाकको ज््ममा गरि तेतिसम््ममा अैन वमोजिम नेल हलाउन पाउछ । नेल ठिगुरा चमौट् हलायापछि निम््ययाक् लिन पाउदैन नतिराउनु । नेल ठिगुरा चमौट् हलाउदीन भन््ययो भन््यया हिसाव गरि भाग््ययाका दिनको अैन वमोजीम निम््ययाक् लिन पाउछ । दिन््छ भन््यया भराइदिनु । तिर््न सके न भन््यया तमसुकमा चढाइदिनु ।

#### Translation:

1. If someone comes to complain at an *adālata, ṭhānā* or *amāla* office that such and such a person has aided such and such a person's male or female slaves to escape and has brought them to Mugalāna, and if it is ascertained upon interrogation that he has aided the slaves to escape, the person who has aided them to escape shall be made to bring [them] back and hand them over [to their master] together with [a payment of compensation] for the value of their labour (*nimyāka*) [the master could not enjoy in their absence]. If the master traces them and has them brought back, it shall be arranged that he receives compensation for the expense incurred and the value of their labour from the person who has aided them to escape. If the one who has aided [them] to escape is not able to bring them back, he shall be made to compensate their master for the price of the slaves [depending on their] age, in accordance with the *Ain*, 237 and he shall be fined an amount equal to that. If the amount of the fine is not paid, he shall, in accordance with the *Ain*, be imprisoned.

2. If someone himself steals another's male or female slaves or male or female bondservants or orders someone to do so, or aids them to escape, takes them and hides them at his home, or takes them out somewhere and hides them—irrespective of whether they die at the place where they have been kept by him or flee from there—[the culprit] shall be made to compensate [the master], in accordance with the *Ain*, for the value of their labour up to the day of their death or their escape from his home, and he shall be fined an amount equal to the price [of the slaves]. If they have neither died nor escaped, [the culprit]

<sup>237</sup> This is a reference to the Ain-54 § 82.4, in which the price of slaves has been regulated depending on their age and gender. For example, a male or female slave who is past the age of 12 and below 50 is priced at 100 and 120 rupees, respectively.

shall be made to compensate the value of their labour, shall be made to return the slaves and shall be fined an amount equal to the price [of the slaves]. If the amount of the fine is not paid, he shall, in accordance with the *Ain*, be imprisoned.

3. If a male slave of one person and a female slave of another person escape without the knowledge of their masters, neither shall the master of the male slave pay compensation to the amount in question to the master of the female slave, nor shall the master of the female slave pay compensation to the amount in question to the master of the male slave. If they are traced, [the masters] shall take their respective slaves back. If they have been arrested either by an *aḍḍā,* an *adālata, ṭhānā* or *amāla*, or any other person arrests and brings them back, [their masters] shall be made to pay 5 rupees as a reward (*panaunī*) for each slave to the person who arrests them and brings them back, and the male and female slaves shall be handed over to the person to whom they belong.

4. If someone knows that the male or female slave or bondservants who have run off and come to his house belong to such and such a person, he shall notify their owner and hand them over to him. If [the master] is far away, he shall send a letter or a message [to him] stating: "your male or female bondservants or slaves are at our house, send [someone] to take them [back]", and hand them over [to their master]. If the master does not send anybody to take [the slaves or bondservants back], [the person at whose house they are staying] shall pay neither for the value of their labour nor their price, even if they die or flee from there. He shall not be held accountable.

5. If someone's male or female slaves or male or female bondservants escape and go to live at someone else's house, lying about their status (*jāta*) [as slaves or bondservants], and if the one who keeps them without knowing that they are such fugitive bondservants or slaves, and if the master traces them and comes to arrest them, the one who has kept them by providing them with a place to stay shall hand over the slaves or bondservants. Since he has kept them without knowing [that they are fugitive servants], he shall not pay the value for their labour. If the slaves or bondservants die or also escape from his house, he shall neither pay the price [of the slave or bondservant] nor shall he be fined.

6. A person who sells another's male or female slaves, pretending that they belong to him, shall be made return the total price of the male or female slaves to the buyer, 10 percent [of the total price] shall be collected [as court fee], and [the culprit] shall be fined an amount equal to the sale price and shall be made to hand over the male or female slaves to their master. If [the culprit] has received money for transferring another person's bondservant to another household, pretending that the bondservant belongs to him, the bondservant shall be returned to the master, the buyer shall get his sales price back, 10 percent of it shall be collected [as a court fee], and person who transferred the bondservant of someone else, pretending that he belonged to him, shall be fined an amount equal to the sales price. If the amount of the fine is not paid, he shall be imprisoned at the rate of 1 month for every 5 rupees.

7. If male or female slaves do not obey their master, do not carry out their tasks, do their work improperly, and if their master declares that he will confine them without beating them, he shall [first] consult an *aḍḍā, ṭhānā* or *amāla*. The *aḍḍā, ṭhānā* or *amāla* shall give him verbal permission. The master shall put [his slaves] into iron, wooden or leather fetters*.* If a male or female slave who ran off is arrested, the *adālata*, *ṭhānā* or *amāla* is not required [in order to confine him]. The master shall put him into iron, wooden or leather fetters. [The master] shall not be held accountable.

8. If a person is pledged as a usufructuary mortgage, and if that person intends to move to another person's house, he shall be allowed to do so [only] at the end date of the loan agreement upon repayment of his debt.238 He shall not be allowed to move upon repayment of his debt before that date arrives, or afterwards. If the bondservant intends to redeem himself by repaying his debt, the creditor shall accept [his payment], shall tear up the loan agreement and let him go whenever he repays his debt, except for the month of Aṣāḍha.

9. If a master traces his male or female bondservants who have run off of their own will, and such male or female bondservants intend to repay their debt, concerning the compensation for the value of labour [the master lost through their escape], [the bondservants] shall be made to pay compensation for the value of their labour at the rate of 1 ānā per day as long as [the compensation] does not reach double the principal sum. If [the compensation] has reached double the principal sum, [further] compensation for the value of his labour shall not be calculated. They shall be made to pay double the principal sum [as compensation for their value of labour].

238 In this case, the bondservant does not pay off his debt himself, but another person who in return takes over the bondservant.

10. When the value of labour of a male or female slave or bondservant has to be compensated, from 2 ānās for one [slave or bondservant] for 1 day, 1 ānā is counted for food. A person who has aided a slave or bondservant to escape and taken him with him shall be made to return him, together with the total compensation for the value of labour calculated on the basis of the remaining 1 ānā per day—starting from the day of [the slave's or bondservant's] escape [and continuing] for as long as he kept him at his house. When the price of [a slave or bondservant] has to be compensated, the master shall, in accordance with the *Ain*, be compensated with his credit sum for a bondservant or his sales price for a slave together with the value of their labour, determined according to the above-mentioned rate. If [the slave or bondservant] dies after he was aided to escape and taken away, and before he is returned to his master's responsibility, [the culprit] shall be made to pay [the master] compensation for the value of labour until the day of [the slave's or bondservant's] death, together with an amount equal to the sales price or credit sum, respectively.

11. If a bondservant who has run off is arrested and returned, and the master wants to have him put into iron, wooden or leather fetters, he shall calculate the total compensation for the value of labour for the days he was on the run, and shall let him be put into fetters for an equivalent period of time. The master shall not be allowed to take the compensation for the value of labour after he has [the bondservant] put into iron, wooden or leather fetters, and [the bondservant] shall not be made to pay [any compensation]. If the master declares that he will not have [the bondservant] put into iron, wooden or leather fetters, he shall, in accordance with the *Ain*, be allowed to take compensation for the value of labour after having it calculated for the days of the bondservant's escape. If [the bondservant] is able to pay, [the master] shall be compensated. If he is unable to pay, it shall be recorded [as an additional debt] in the bond.

Article 81: *kamārā kamāri becatāko* (On the Sale of Male and Female Slaves)

#### Edition:

१. कसैका अंस नभै एका घरमा संग वस््ययाका भाइमा अरू दाज््ययूभाइसित सल््ललाह नगरि एका भाइले कमारा कमारि चौपाया गैह्र वेचेछ र अरू भाइले हाम्रो अंस यसले वेचि जान््यया होइन भनि उजुर गर्या भन््यया जाहान पाल््ददा वेच््ययाको भया र आफ््नना भागमा आउन््यया अंस जति वेच््ययाको भया सदर हुछ । आफ् ुं ्नना भागभन््ददा वढता भाइसित सल््ललाह नगरि वेच््ययाको रहेछ घरका जहान पालनालाइ वेच््ययाको पनि रहेनछ भन््यया र हामि एकै घरमा थिञ््ययूूं हामिसीत सल््ललाह नगरि हाम्रो भाग नराषि एसले मात्रै वेचि जान््यया होइन भनि घरमा रह्याका भाइले दिन ३५ भित्रमा र पर्देस जान््यया भाइले घर आयाका दिन ३५ भित्रमा उजुर गर्या भन््यया वेचन््ययावाट किंन््ययाको थैलि फिर््तता गराइ माल भाइहरूलाइ दिलाइदिनु । वेचन््ययावाट थैलि उठेन भन््यया कपाली तमसुक गराइदिनु । भराइदियाका ज््ममाको दसौद विसौद लिनु ।

२. कसैले कमारा कमारि चौपाया दोहोरो वेच््ययो वंधक् राष््ययो भन््यया ऐन वमोजीम् अगाडिवाला साहुको सदर हुछ । अगा ुं डीवालालाई विहोराइदिनु । पछाडीवाला साहुको थैलि तिर््नसक््न्यया रहेछ भन््यया विगो भराइ थैली तिर््नसक््न्यया रहेनछ भन््यया कपालि तमसुक गराइदि पछिल््लला साहुका थैलीका विगा वमोजिम् दंड गर््ननु । रुपैया नतिर्या मैन््हहाका ५ रुपैयाका दरले कै द गर््ननु ।

३. मासिन््यया जातका छोरा छोरि म मासि दिंछु नेल<sup>239</sup> ठोकिदेउ भनी वावु आमाले भन््यया मासन हुदैन । अदालत ठाना अमाल्वाट तेल ठोक्न पनि हुदैन । कसैले तेल ठोकाइदियो भन््यया थैलि लिलाम् गरि वेचन््यया र तेल ठोकाइदिन््यया दुवैलाइ १००।१०० रुपैया दंड गर््ननु । रुपैया नतिर्या ऐन वमोजिम् कैद गर््ननु । किन्न्याको थैलि भुसिंछ ।

४. कसैले छोरो वाधा राष््तता साहुलाइ दिदा १६ वर््षदेषि माथिका ज््ययूलाइ अदालत ठाना अमालमा ल््ययाइ दिन््ययाले दिनु लिन््ययाले लिनु । अदालत् ठाना अमालवाट वाधा पस्न्या ज््ययू जो छ उसलाइ वाधा पस्न राजि छस् कि भनि सोधनु र राजि छु भन््ययो भन््यया वाधा पस््ययावाट<sup>240</sup> म वाधा पस््छछु भन्न्या षुसिको मुचुल््कका लेषाइ लिनदिन गर््ननु । उस््कको सहि हलाइ लियाको दियाको सदर हुछ । कर ुं सित वावु आमाले पनि वाधा हालन हुदैन । वावु आमाले करसित वाधा हलाइदिया भनि छोराछोरि कराउन आया वावुका नाउमा कपालि तमसुक गराइदि वाधा लेषियाको ज््ययू छाडीदिनु । वावु आमा मर्यापछि कराउन आयो भन््यया उसैका नाउमा कपालि तमसुक गराइदिनु ।

५. कसैले वेहक््ममा अजापुत्र मास््ययो भनि कसैका नाउमा कराउन आयो र उसलाइ ल््ययाइ रोवकार गर््ददा ज््ययू मास््ययाको ठहरेन रीसले पोल््ययाको मात्र ठहर्यो भन््यया तेस््तता पोलाहा लोग््न्यया मानिसलाइ १०० रुपैया दंड गर््ननु । स््ववास्नि मानिसले भया ५० रुपैया दंड गर््ननु । नतिर्या ऐन वमोजिम् कै द गर््ननु ।

239 Read: *tela*. 240 Read: *pasnyābāṭa*. ६. मासिन््यया जात््कका छोराछोरि कसैलाइ मेरा कमारा कमारि भनि ढाटि छलि वेचन््यया अजापुत्र मासन््यया ठहर््छ । तेस््ततालाइ ३६० रुपैया दंड गर््ननु । नतिर्या मैन््हहाका ५ रुपैयाका दरले कट्टि नहुज्ुं ्ययाल् कै द गर््ननु । नमासिन््यया मतवाली जातकालाइ कमारा कमारि भनि वेच््ययाको भया ५४० रुपैया दंड गर््ननु । तागाधारि जातकालाइ कमारा कमारि भनि वेच््ययाको भया ७२० रुपैया दंड गर््ननु । रुपैया नतिर्या ऐन वमोजिम् कै द गर््ननु ।

७. कसैले आफ््नना अंसमा आयाका र आफ््नना पौरषले कमायाका कमारा कमारि वेचता आफ््नना हकवाला अंसियार भाइलाइ मैले फलानु कु रो वेचन लाग््यया तिम््हहेरु लिंछौ भन््यया देसिले दियाको थैलि दि तिमि लेउ । तिमीहरू लीदौन भन््यया अरूलाइ दिंछु भंनु र हकवाला अंसियार भाइले लिंछ भन््यया इनले पाउछन् । देसिले पाउदैनन् । अंसियार भाइ भन््यया टाढा रह्याछन् आफु लाइ गर््ज पर््ददा वेचेछ भन््यया वेचन््ययाले अंसियार भाइलाइ लेषि पठाउनु । किन््ययाले पनि वेचन््ययाका हकवाला अंसियार भाइलाइ लेषि पठाउनु र ३५ दिन भित्रमा निषन्न आयो भन््यया अलिपत्र भयाको भया पनि उस््कको परल् रुपैया सौपि अंसियार भाइले निषनि लिन पाउछ । ३५ दिन संममा थैलि तिर््न आयान भन््यया भाइ साछि वस््ययाका नभया पनि गौराञी षायाको नभया पनि वेच््यया किन््ययाको सदर हुछ । ३५ द ुं िन नाघ््ययापछि आउन््यया भाइले निषन्न पाउदैन ।

८. आफु हाकिमि भै कसैका कमारा कमारि किन््ददा वेचाउदा ऐन वमोजिम््कका मोलमा घटाइ किन््ययो वेच््ययो भनि कमारा कमारीका धनि कराउन आया भन््यया घटायाको मोल् हाकिमिवाट धनिलाइ भराइ घटायाका विगा वमोजिम हाकिमिलाइ दंड गर््ननु । हाकिमिका मोलाहिजामा लागी ऐन वमोजिम््कका मोलमा घटाइ मोलपटक गर्या<sup>241</sup> साछिहरूलाइ जति जना छन् जनहि आधि आधिका दरले दंड गर््ननु । दंडका रुपैया नतिर्या ऐन वमोजिम कै द गर््ननु ।

९. कसैका कमारा कमारी वेचदा किन््ददा हाकिमिदेषि वाहेक अरू रैतिले राजी षुसिसंग ऐन वमोजिमका मोलमा घटीवढी मोलपटक गरी साछि सुर्त्ता राषि परंभट्ट लेषिदियाको रहेछ भन््यया किन््ययाको पाको । कराउन आउन््ययाको फिराद नसुन्नु । साछि सुर्त्ता राषि परंभट्ट लेषिदियाको रहेनछ भन््यया जवरजस््तति ठहर््छ । जवरजस््ततिका ऐन वमोजिम दंड गर््ननु ।

Translation:

1. If one of the brothers who are living together in the same household without partitioning the property sells a male or female slave or a quadruped or the like without consulting the other elder and younger brothers, and the other brothers make a complaint that he is not allowed to sell their share, [the sale] shall be valid if he has sold [the property] in order to support the family, or if he has sold only that much of the inheritance which would have fallen under his share. If he has sold more than his share without consulting his brothers, and if it was not

241 Read: *garnyā*.

sold for the support of the family members of the household, and if the brothers who stay at the household make a complaint within 35 days, or the brothers who have gone abroad within 35 days from the day they arrive at home, declaring "We have been living in the same household. He alone should not be allowed to sell without consulting us and without keeping our share", the seller shall be made to return the purchase sum to the buyer, and the commodity shall be returned to the brothers. If the amount paid cannot be recovered from the seller, he shall be made to issue a loan agreement without security (*kapālī tamasuka*). Ten and 20 percent [respectively] shall be collected from the total amount that was refunded [as a court fee].

2. If somebody sells or pledges a male or female slave or quadruped [at the same time] to two [different persons], [the contract made] with the first creditor shall, in accordance with the *Ain*, be held to be valid and [the sold or pledged commodity] shall be handed over to the first person. [The seller or pledger] shall be made to refund the amount in question to the second creditor if he is able to pay the credit amount, or he shall be made to issue a loan agreement without security if he is not able to pay, and he shall be fined an amount equal to the amount he owes to the second buyer or creditor. If the amount [of the fine] is not paid, he shall be imprisoned at the rate of 1 month for every 5 rupees.

3. Children belonging to an Enslavable caste shall not be enslaved if their parents declare: "We sell [them] into slavery, anoint them with oil (*tela ṭhoknu*)".<sup>242</sup> Also [an official of] an *adālata*, *ṭhānā* or *amāla* office shall not anoint them with oil. If someone has them anointed with oil, the sales price shall be confiscated, and the seller and the person who had them anointed with oil shall be fined 100 rupees each. If the amount [of the fine] is not paid, they shall, in accordance with the *Ain*, be imprisoned. The buyer shall lose his purchase price.

4. If someone pledges his son as a bondservant to his creditor, and if his son is past the age of 16, he shall be brought to an *adālata*, *ṭhānā*  or *amāla* office, [the father] who gives [his son into bond service] shall hand him over and [his creditor] shall take him into possession. The *adālata, ṭhānā* or *amāla* shall ask the prospective bondservant whether

<sup>242</sup> The text reads here and in the following *nela ṭhoknu* ("to put into fetter"). We follow here the reading of Ain-54-JF § 81.3 *tela ṭhoknu* ("anoint with oil"). According to TND (s.v. *telyāhā*), a slave's head was anointed with oil on buying. Documents give evidence for this practice. In an emancipation deed from 1892 (VS 1949) it is reported that the anointment with oil on the head completed the enslavement process (see Document 4.8).

he agrees to enter into bond service. If he declares that he agrees, he shall be made to issue a written statement of consent, declaring: "I agree to enter into bond service", the contract shall be made, and he shall be handed over. The contract shall [only] be considered valid once his signature is obtained. Even a father or mother shall not be allowed to pledge [their child] as a bondservant by use of force. If a child comes to complain that their father or mother has forcibly pledged them as a bondservant, a loan agreement without security shall be drawn under the father's name and the son or daughter who has been recorded as a bondservant shall be set free. If a child comes to complain after the death of his father or mother, a loan agreement without security shall be drawn under its own name.

5. If somebody comes to complain that such and such a person has enslaved a free person (*ajāputra*), and if [that person] is brought and upon interrogation it is ascertained that [no free person] has been enslaved, but it is only a false accusation made out of anger, such a false accuser shall be fined 100 rupees, if a man; if it is a woman, she shall be fined 50 rupees. If the amount [of the fine] is not paid, [the false accuser] shall, in accordance with the *Ain*, be imprisoned.

6. If somebody falsely and deceitfully sells a son or daughter of someone else belonging to an Enslavable caste, claiming that he or she is his slave, he shall be held accountable for having enslaved a free person, and such a person shall be fined 360 rupees. If the amount [of the fine] is not paid, he shall be imprisoned until the fine is remitted at the rate of 5 rupees for each month. If he has sold [a son or daughter] of someone belonging to a Non-enslavable Alcohol-drinking caste, claiming that he or she is a slave, he shall be fined 540 rupees. If he has sold [a son or daughter] of someone belonging to a Sacred Thread-wearing caste, claiming that he or she is a slave, he shall be fined 720 rupees. If the amount [of the fine] is not paid, he shall, in accordance with the *Ain*, be imprisoned.

7. If someone sells a male or female slave who represents part of his share of the parental property, or whom he acquired by his own achievement, he shall inform his claimants, coparceners and brothers, stating: "I am selling such and such a [slave]. If you want to take him or her, you may pay me the [same] amount as offered by the external party and take him or her. If you do not take him or her, I will give the slave to that other person." If the claimants, coparceners or brothers want to take [the slave], they shall be entitled to do so, but not the external party. If the coparceners and brothers are far away, and if [the owner] has sold [the slave] out of necessity, the seller shall write to his coparceners and brothers, and the purchaser, too, shall write to the claimants, coparceners and brothers of the seller [about the sale of the slave]. If they come to buy the slave back (*nikhannu*) within 35 days, they shall be entitled to do so by paying the price paid by the purchaser, even if a deed of relinquishment of title (*alipatra*)243 has already been issued. If they do not come to pay the amount paid by the purchaser within 35 days, the sale shall be considered valid, even if no brother has witnessed it or has taken earnest money (*gaurāñī*) for it. The brother who comes once 35 days have passed shall not be entitled to buy back [the slave].

8. If a master of a male or female slave comes to complain that any government officer responsible [for the sale or purchase of slaves], while purchasing the slave or making him be sold, has done so by reducing the price [below] what is regulated in the *Ain*, such an officer shall be made to pay compensation to the amount by which he reduced [the price] to the master, and he shall be fined an amount equal to that by which he reduced [the price]. Half of such a fine shall be imposed on each witness who, in collusion with the officer, deviated from the price regulated in the *Ain* by reducing it. If the amount [of the fine] is not paid, they shall, in accordance with the *Ain*, be imprisoned.

9. While selling or buying a male or female slave, if any subject, except government officers, has willingly repriced a slave above or below what is regulated in the *Ain*, and a deed of sale (*paramabhaṭṭā*), attested by witnesses, has been issued, [the slave] shall belong to the buyer. Whoever comes to complain shall not be heard. If no deed of sale attested by witnesses has been issued, [the sale of the slave] shall be considered to be an act of coercion, and [the culprit] shall be punished in accordance with the law on coercion.

<sup>243</sup> We follow here M.C. Regmi's translation of this term (Regmi 1979: 51), which seems to imply that the slave owner gives up all claims over the slave to the buyer. However, the exact meaning of the term remains unclear.

Article 82: *jyū māsanyā becanyā* (Enslaving or Selling a Person)

Edition:

१. १४ सालदेषि अघि मासिन््यया जातका वावु छोरा भयो अथवा वावु छोरि भयो दाज््ययू भाइ भयो दिदि वैन््हहि दाज््ययु वैह््ननी दिदि भाइ भयो कसैका घरमा वाधा वधेत््ययानि भै वस््ययाका छन् । २ जनाका सल््ललाहले राजि षुसिसित एक ज््ययू मासि कमारा कमारि हुुंछौौं एक ज््ययू आफु सुषि हुुंछौौं भनि अदालत ठाना अमालमा गै एक जनाले तेल ठोकी गल््ययाका रह्याछन् भन््यया अदालत ठाना अमालमा गै तेल ठोकीयाको हुनाले साहुलाइ र गालि दिन््यया वावुलाइ वात लाग््ददैन । राजिसित तेल ठोकी गल््ययाको ज््ययूमा पर्याको थैलिमा तेहि ज््ययू वाधा वधेत््ययानि लेषाइ तमसुक गराइदिनु । ज््ययू नगालनु भंन््यया ऐन भयापछि गालिदिन््यया अदालत ठाना अमालका हाकिमलाइ १०० रुपैया दंड गर््ननु । अदालत ठाना अमाल् नसाधि तेल ठोकाइ लियाको रहेछ भन््यया साहुको त््ययो थैलि हाकिमले लिनु । रुपैया षाइ गालि दिन््यया वावु आमालाइ १०० रुपैया दंड गर््ननु । त््ययो ज््ययू आफु सुषि हुछ । १६ व ुं र््षदेषि उधोका वालषलाइ राजिनामा लेषाइ अदालत ठाना अमालवाट तेल हलाइ गलाइ दियाको रहेछ भन््यया पनि सदर हुदैन । साहुको थैलि भुसिंछ । गालिदिन््यया वारिसलाइ र गलाइदिन््यया हाकिमलाइ १००।१०० रुपैया दंड गरि कागज फराइ आफु सुषी गराइदिनु ।

२. तागाधारि मतवालि जात गैह्र कसैले अर््ककाकि कमारि स््ववास्नि तुल््ययाइ उसवाट छोरा छोरि पनि जन््म्ययाका छन् । कमारिका षसमले इन््ललाइ थैलि तिरि निषनि लैजान दिदौन वेचदौन भन््यया उस््कका वावु दाज््ययू भाइको कर लाग््ददैन । धनिले अन््यत्र वेच््ययो वेचन लाग््ययो भन््यया उसवेलामा देसिले दियाको थैलि गनी वावु दाज््ययू भाइले निषनि लैगि अमलेष गराउछौ भन््यया पाउछन् । देसिले पाउदैनन् । ऐल््हहै थैलि पुर्याउन सकीन तमसुक भाषा गरिदेउ भन््यया थैलि तिरिकन मात्रै आफु सुषि गराउन पाउंछ । भाषा तमसुक हुदैन । धनिले वेचता उस््कका वावु दाज््ययू भाइ टाढा रह्याछन् । पछि थाहा पाइ निषंन आया देसिले दिया वमोजिम््कको थैलि गनि छोरो भया जन््मघरवाट अन््त सर्यापछि जैह््ललेसुकै पनि निषंन पाउंछन् । छोरि रहिछ भन््यया ११ वर््षको उमेर नहुुंजि मात्रैनिषंन पाउछ । ११ वर््ष नाघ््ययापछि निषंन पाउदैन । किंन््ययाले आफनु परल थैलि लि वावु दाज््ययू भाइलाइ निषंन दिनु । आमा वावु दाज््ययू भाईहरूले हाम्रो भाइ छोरा हो भनि निषनि लैगि अमलेष गरायापछि घर सारि अन््त वेचन पाउदैनन् । आफु सुषि हुन््छन् । वेच््ययो भन््यया अजापुत्र मासन््यया ठहर््छ । तेस््ततालाइ किंन््ययाको थैलि फिर््तता गराइ ३६० रुपैया दंड गर््ननु ।

३. कसैले दर््ममाहा दि चाकर राष््ययाको छ दिन मैन््हहा वर््षको कवुल् छैन भन््यया आफु ले चाकरि गर्यासम््मको दर््ममाहा लि छोडि जान पाउछ । वर््ष मैन््हहा दिनको कवुल् गरि चाकर राष््ययाको भया कवुल् वमोजिम् चाकरि गर््ननु पर््छ । छाडि जान पाउदैन । अरू ठाउमा वढता दर््ममाहा पाइन््छ भन््यया पनि जान पाउदैन । कवुल् पुग््ययापछि छोडि जान पाउछ । वोल् कवुल् नपुग््ददै भागि नासि गयो भन््यया जति दिन काम छोड्याको छ उत्तिको दर््ममाहा नदि तेसै चाकरि गराउनु । चाकरि गराउन््ययाले कवोल् वमोजिम् मिति मितिको दर््ममाहा मजुरि माग््ददा दियन र नालिस् गर््न आयो भन््यया जति मैन््हहाको

दर््ममाहा वालि<sup>244</sup> रह्याको छ उत्तिको कवुलभन््ददा वढता मैन््हहाको १ रुपैयास््ममेत थप गरि दिलाइदिनु । पछि राजीले वस््छ भन््यया पनि छाड््छ भन््यया पनि वस्न्याको षुस ।

४. कमारा कमारिका झगरामा अदालत् ठाना अमालवाट मोल् भराउनु पर््ददा ३ वर््षदेषि उधोका कमाराको २० कमारिको २५ तिं वर््षदेषि माथि ६ वर््षसंमका कमाराको ३० कमारिको ३५ छ वर््षदेषि माथि १२ वर््षसंमका कमाराको ५० कमारिको ५५ वाह्र वर््षदेषि माथि ४० वर््षसंमका कमाराको १०० कमारीको १२० चालिस् वर््षदेषि माथि ५० वर््षसंमका कमारा कमारीको ६०।६० पचास् वर््षदेषि माथि ६० वर््षसंमकाको ५० रुपैयाका हिसावले भर््ननु भराउनु गर््ननु । कसैले मेरा कमारा कमारी हु भुं नि समायो रोवकार गर््ददा सावित् गर््न सके न भन््यया एसै उमेरका दर वमोजिमले दंड गर््ननु । दंडको चौथाइ जिताउरि लिनु ।

५. कमारा कमारी नगद जिनिस् जवाहेर चौपाया अनाज गैह्रका झगरामा कागजपत्र केहि निस््ककेन । देषन््यया जांन््यया साछि रह्याछन् । अरू विहोराले छिनेन । दुवै झगरियाले साछिका सिरमा दिया भन््यया सिरवंदि लेषाइ साछिलाइ हरिवंस भकाइ वक््यया वमोजिम् छिनिदिनु । हार््न्ययालाइ विगा वमोजिम दंड गर््ननु । जितन््ययावाट दंडको चौथाइ जिताउरि लिनु । दंडका रुपैया नतिर्या मैन््हहाका ५ रुपैयाका दर्ले कै द गर््ननु । जिताउरिका रुपैयालाइ जौन माल् जित््ययाको छ उसैवाट लिनु ।

६. साहुले वाधा लिंदा दिंदा अदालत् अमाल् साछि गरि ज््ययू वाधामात्र लेषि लिनु दिनु गर््ननु । घर वाधा नलेषनु । आफु ले दृष्टि भोग वाधा लेष््ययाको ज््ययू साहुका घर मर्यो भन््यया पनि असामीका घर मर्यो भन््यया पनि उस््कका अरू भाइ जहान पक्रि लिन पाउदैन । आफु ले वाधा लेषि लियाको ज््ययू मर्यापछि उस््कका अरू भाइ जहान् पक्र्यो भनि कराउन आया पक्रन््ययालाई पक्र्याका विगा वमोजिम दंड गर््ननु । रुपैया नतिर्या ऐन वमोजिम् कै द गर््ननु ।

७. वाधा वस्न्या जातका कसैले वावु आमाले षायाका रिनमा छोरा पनि रह्याछन् । छोरि पनि रह्याछन् भन््यया छोरिले अंस नपाउन््यया हुनाले अदालत अमाल् साछि गरिकन पनी छोरि वाधा कसैले नलिनु । अदालत् ठाना अमाल् साछि राषि लियाको रहेछ भन््यया साछि वस्न्या अदालत अमाल्वालालाइ १० रुपैया वाधा लिन््यया दिन््यया साहु असामीलाई ५।५ रुपैया दंड गरि वाधा तमसुक फराइ वाधा दिन््यया जो हो उसैका नाउमा कपालि तमसुक् गराइदिनु । छोरि वैन््हहि आफु सुषि हुछन् । ुं

८. कमाराले ज््ययान जान््यया तक््ससीर गर्यामा ज््ययान लिनु । दामल् हुन््यया तक््ससिर गर्यामा दामल् गर््ननु । दंड हुन््यया कु रा गर्यामा कै द गर््ननु । कै दका रुपैया तिर्या ऐन वमोजिम् गर््ननु । सर््वस््व हुन््यया कु रा गर्यामा कमाराको सर््वस््व हुदैन । सर््वस््व नगर््ननु ।

९. वावु आमा पार भयाका छन् । छोरा एकै अम््वल््ममा छन् वा अर्कै अम््वल््ममा छन् । आफु पार भयापछि कोहि छोरालाइ आफु ले निषन््ययो कोहि छोरा करिया छन् र वावु आमा मर्या भन््यया तीन््कको धन पेवामा काजकृ या गरिरह्याकामा निषनिन््यया चाहिका थैलिसंमको धन् कमारैमा रह्याका छोराको भाग दि वढता भयाका धनमा निषनियाकालाइ र कमार््तनैमा रह्याका छोराहरूलाइ वरावर वाडिदिनु । निषनिन््यया चाहिका थैलि जति पुगेन भन््यया त््ययो धन आफु सुषि भयाको छोराले पाउदैन । कमार््तनैमा रह्याका छोराहरूले पाउछन् । घर््तति भयापछि जन््म्ययाका छोरा रह्याछन्

244 Read: *bāki*.

भन््यया वावु आमाको काजकृ या गरि रह्याको कमारा हउन् सवै छोराले वरोवर गरि षान पाउछन् ।

१०. ढेरै जाहान हुन््यया कसैले यौटाका नाउमा वाधाको तमसुक् गर्याको रहेछ । घरका सल््ललाहले वाधाले वाधा लेषियाको चाहि घरमा वसि अर्कै ज््ययू सट्टा गै धनिको काम गर्याको रहेछ वा आलो पालो गरि काम गर््ददा रह्याछन् । तेस््ततैमा धनिको काम गर््न्यया मरेछ भन््यया लेषियाको ज््ययूलाइ साहुले काम लाउन पाउछ । लेषियाको ज््ययू मर्यो भन््यया आफ््ननु वाधा लेषियाको ज््ययू मर्यापछि सट्टा काम गर््न वस््ययाकालाइ र अरू

जाहान्लाइ समाउन पाउदैन । समायो भन््यया सयकरा १० रुपैयाका दरले दंड गर््ननु । ११. कसैले अजापुत्रलाइ कमारा कमारि हुन् भनि वेचता अजापुत्र हो भनि जानि जानि कमारा कमारि हो भनि कागज लेषिदिन््यया र अषत््ययार भै वेचाउन््यया साछि वस्न्याहरूलाइ १००।१०० रुपैया दंड गर््ननु । अजापुत्र भनि थाहा नपाउन््यया वेचता किन््ददा कागज लेषिदिन््यया साछि वस्न्याहरूलाइ जनहि २०।२० रुपैया दंड गर््ननु । रुपैया नतिर्या ऐन वमोजिम् कै द गर््ननु । थाहा पाइ किंन््ययाको थैलि भुस् गराइ उसै विगा वमोजिम् दंड गर््ननु । थाहा नपाइ किंन््ययाको थैलि तिर््न सक््न्यया रहेछ भन््यया तिराइदिनु । तिर््न सक््न्यया रहेनछ भन््यया उसैका नाउमा कपालि तमसुक् गराइ छाडिदिनु ।

१२. १६ वर््ष मनिकालाइ वाधा लिन््यया दिन््ययालाइ १०।१० रुपैया दंड गर््ननु । १६ वर््ष नाघ््ययाकालाइ कर लगाइ अदालत् ठाना अमाल् साछि नराषि वाधा लिन््यया दिन््ययालाइ पनि ५।५ रुपैया दंड गर््ननु । १६ वर््ष मनिकालाइ वाधा हाल््ददा साछि वस्न्या अमालीलाइ ५ रुपैया दंड गर््ननु ।

१३. छोरा रह्यानछन् छोरिमात्र रह्याछन् र १६ वर््ष नाघ््ययाका छोरिले वावु आमाले षायाका रीनमा षुसिराजीले हामी वाधा पस््तछौ भनि अदालत ठाना अमाल्मा राजिनामा लेषिदिया भन््यया राजीनामा लेषाइ लि वाधा लियाको सदर हुछ । १६ व ुं र््ष नपुग््ययाकालाइ राजीनामा लेषाइ वाधा लियाको भया पनि सदर हुदैन । लेषाइ दिन््यया अदालत ठाना अमालवालालाइ ५ लिन््यया दिन््यया साहु असामीलाइ ५।५ रुपैया दंड गरि तमसुक् फराइ आमा वावुकै नाउमा कपालि तमसुक् गराइदिनु ।

१४. कसैका कमारा कमारिले हामी अजापुत्र हु भुँ नि अदालत ठाना अमालमा फिराद गर््न आया भन््यया तिन्का माइति मावलि कोहि आइ हाँम्रा एस््तता हुन् अजापुत्र हुन् इन्ले हार्या दंड र जित््यया जिताउरि जो पर्याको हामि बुझाउला भनि तिन्लाइ ली कोहि वारिस अघि सर्यो भन््यया तिन््कको दोहोरो कु रा सुनि नीसाफ गर््ददा अजापुत्र ठहर्यो भन््यया कमारा कमारि हुन् भंन््ययालाइ विगा वरावर दंड गरि तिन्वाट दंडको चौथाइ जिताउरि लि छोडिदिनु । अजापुत्र ठहरेनन् कमारा करीन््ययै<sup>245</sup> ठहर्यो भन््यया अजापुत्र हुन् भं ुं न््ययालाइ विगा वरावर दंड गर््ननु । रुपैया नतिर्या ऐन वमोजिम् कै द गर््ननु । अजापुत्र भंन््यया अर्को वारिस्वाला उस््ककामा वलि ससुरालि पुर््षषा दाज््ययू भाइ गैह्र नाता कोहि निस््ककेन उसैका घरका कमारा कमारि आफै ले अजापुत्र हु भुँ नि झगरा गर््न आयाका रह्याछन् भन््यया अघिदेषी आफु ले भोग गर्याका कमारा कमारि रह्याछन् भन््यया अजापुत्र हु भुँ नि आफ््नना षसम््कका नाउमा फिराद गर्याको नसुन्नु । पनाउनी जियको ५।५ रुपैया वक््ससाउनी लि षसम््कका जिम््ममा लाइदिनु । भोग नगर्याकालाइ मेरा कमारा कमारि हुन् भनी धनिले समातेछ र हामी अजापुत्र हु भुं नि फिराद गर््न

आयाका रह्याछन् भन््यया पत्रपात्र गाउघरका साछि सुर््तता राषि निसाफ हेरिदिनु । कमारा कमारि ठहर्या दंडको चौथाइ जिताउरि लि धनिका जिम््ममा सौपदिनु<sup>246</sup> । अजापुत्र ठहर्या विगा वमोजिम दंड गर््ननु ।

१५. कसैका ढेरै भाइ रह्याछन् । तिन््ममा १६ वर््ष नाघ््ययाका एकालाइ वावु आमाले अदालत अमाल साछि गरि आफ््नना षुसिले वाधा वस््ययाको रहेछ । तेस््ललाइ वावु आमा दाज््ययू भाइले साहु तिरि निषनि लैगया भन््यया एका घर संग छदाका अरू साहु पनि भाग अनुसार तेस््ललेतिर््ननु पर््छ । आफ््ननु पेवा कमाइले हवस् वा साहु रिझाइ हवस् आफ््ननु निषनीन््ययाले अरू साहु तिर््ननु पर्दैन । आफ््ननु अंस भन््यया लिन पाउछ । अरू साहु जति छन् घर वस्न्या भाइले तिर््ननु पर््छ । निषनि गयाकालाइ अरू साहुले समाउन पाउदैन । १६. कसैले कमारा कमारिलाइ पार गर््ददा हाडपार भयो कामपार भयाको छैन भन्न्या विहोरा गरि साछि सुर््तता राषि कागजपत्र भयाको रहेछ भन््यया कागज वमोजिम कमारा कमारिले पनि काम छोडि अंत जान पाउदैनन् । षसमले पनि विक्रि गरि रुपैया षान पाउदैनन् । एस््तता कु रामा कसैले अदालत् ठाना अमालमा कराउन आया भन््यया वेचि षान त पाउदैनस् काम छोडन त पाउदैनस् भनि ठोकिदिनु ।

१७. ब्राह्मण लगायत् तागाधारि जात गैह्रका कोहि मानिस मासिन््यया जात पानि नचलन््यया जात छिटो हालनु पर््न्यया जातसित करणि भात पानीमा भजि उहि जात भयाकाले षतवात गर्यामा ज््ययू पनि मासन हुदैन । वाधा लिन पनि हुदैन । ज््ययू मासेछ भन््यया अजापुत्र मासन््ययाका ऐन वमोजिम् दंड सजाय गर््ननु । घटि जातमा मिलि घटि जातैका स््ववास्नि राषि उन््ववाट जन््म्ययाका संतान्ले षतवात गर्यामा जौन जातका

आमावाट जन््म्ययाका छन् उसै जातलाइ लेष््ययाका ऐन वमोजिम् दंड सजाय गर््ननु । १८. अर््ककाका १२ वर््ष मनिका वालष छोरा छोरिहरूलाइ ललाइ फकाइ वारिस्वाला वावु आमा दाज््ययू भाइ दिदि वैन््हहि मावलिलाइ थाहा नदि चाकरि गर््न भनी अर््ककालाइ सौपिदियाको रहेछ । उस््कका वारिस्वालाले सोध षोज गर््ददा आफु ले सौप््ययाको कु रो नकहि दवायाको ठहर्यो भन््यया तेस््ततो लोग््न्यया मानिस् भया ५० स््ववास्नि मानिस् भया २५ रुपैया दंड गरि वालष झिकाइ वारिस्वालाका जिम््ममा गरिदिनु ।

१९. तागाधारि जात नमासिन््यया जात कोहि अर््ककाकि कमारिसित वसि जन््म्ययाका छोराले अरू कसैको करणि गरेछ वा अरू षतवात गरेछ भन््यया उस््कका वावु काका दाज््ययू भाइ कसैले हाम्रो संतान हो भनि निषनि तागाधारिको छोरो भया जनै दियाको नमासिन््यया मतवाली जातको छोरो भया आफु सुषि गरायाको रहेछ भन््यया कमारो घर््तति ठहर्दैन । तेस््ततालाइ जौन जात भयाको छ उसै जातलाइ लेष््ययाका ऐन वमोजिम गर््ननु । निषनि लैगयाको रहेनछ कमार््तनैमा रहेछ भन््यया ठुला जातको विर््य हो तापनि कमारै ठहर््छ । कमारैका ऐन वमोजिम् गर््ननु । अघि कमार््तन् छदैमा षतवात गरि कमाराका ऐन वमोजिम् गरिसक््ययाको रहेछ । पछि वावुकाका दाज््ययू भाइले निषनि लैगि तागाधारिको भया जनै दियेछ अरू जात भया आफु सुषि अम्लेष गरायाको रहेछ भन््यया पनि अघि कमारो छदा कमाराका ऐन वमोजिम्को सजाय गर््न्यया अडा अदालत् अमालवालालाइ वात लाग््ददैन ।

#### Translation:

1. If a father and son, a father and daughter, an older and younger brother, an older and younger sister, an older brother and younger sister or an older sister and younger brother who belong to an Enslavable caste [began to] live as bondservants at someone's house before [VS 19]14, and after consulting each other, the 2 persons willingly and of their own volition [decide] that one of them will be enslaved—become a slave—and the other become free, and if they accordingly go to an *adālata*, *ṭhānā* or *amāla* office and the one [who agrees to be enslaved] enters [into slavery] by having [his head] anointed with oil, <sup>247</sup> neither their creditor nor a father who gives [his child] into slavery shall be held accountable, inasmuch as [the future slave] went to the *adālata*, *ṭhānā* or *amāla* and was anointed with oil. The price paid for the bondservant who enters of his own will [into slavery] by having [his head] anointed with oil shall be written down and a [new] loan agreement shall be drawn up. If the *hākima* of an *adālata*, *ṭhānā* or *amāla* gives any person into slavery after the enactment of the regulation prohibiting such enslavement, he shall be fined 100 rupees. [If a creditor] takes [such a person as a slave], having had [his head] anointed with oil, without consulting the *adālata*, *ṭhānā* or *amāla*, the *hākima* [of such an office] shall seize the sum owed to the creditor. The father or mother who takes money and gives [their child] into slavery shall be fined 100 rupees. That [enslaved] person shall be freed. If it happens that a child who is below the age of 16 is enslaved—even if [an official] of an *adālata*, *ṭhānā* or *amāla* has had a deed of consent issued and oil has been poured [on the child's head]—the act shall not be held to be valid. The sum owed to the creditor shall be cancelled; both the guardian who gave him into slavery and the *hākima* who permitted it shall be fined 100 rupees each. The document shall be torn up and [the enslaved person] shall be freed.

2. If someone belonging to any of the Sacred Thread-wearing or Alcohol-drinking castes or the like keeps a female slave of someone

<sup>247</sup> *Tela ṭhokī/hālī galnu* ("to be melted/dissolved through applying oil"): The context suggests that this phrase denotes a legal ritual during the process of enslavement of a free person or of buying a slave. This meaning could also be inferred from an emancipation deed issued in VS 1949 (see Document 4.8) which records the enslavement of a girl through oil being applied to her forehead (*kapālmā tel ṭhokī*). The term galnu might refer to the dissolving of the family ties of the enslaved person. However, the exact meaning of the phrase remains obscure.

else as his wife, and if children, too, are born [to her], the father of such children or his other coparceners (*dājyūbhāi*) shall have no right [to redeem them], if the master [of the slave woman] declares that he neither allows [them] to redeem [the slave children] by paying their price, nor does he sell them [at all]. If the master sells them to someone else, or is about to do so, then at that moment the father or his coparceners shall have the right to take them if they declare their willingness to buy them back and emancipate them, after paying the price offered by a third party (*desi*). [In such a case] the third party shall not get them. Even if they declare that they are unable to pay that price at the moment and request [the master] to issue a loan agreementwith a deadline [for the payment of the price], they shall be allowed to free them only if they pay the price [directly]. A loan agreement with a deadline may not be issued. If the father or the coparceners are far away at the time when the master sells [the slave children], and the father or coparceners come to redeem them once they learn of [the sale], they shall be allowed to redeem the [slave] boys through the payment of the purchase price paid by the third party at any time after they have been shifted from the household where they were born to a different household. In the case of slave girls, they shall be allowed to redeem them as long as they are not past the age of 11. They shall not be allowed to redeem them once they are past the age of 11. The purchaser shall allow the father or his coparceners to redeem them for the purchase amount he has paid. Once the paternal grandparents or uncles [of the enslaved children] redeem and emancipate them on the grounds that [the father of the slave children] is their brother or son, they shall not be allowed to sell [those children] and shift to a different household. [Such children] shall become free. If they sell them, it shall be considered to be the enslavement of a free person (*ajāputra*), and they shall be made to return the purchase amount to the buyer and be fined 360 rupees.

3. If someone keeps a servant on a wage basis, and if it has not been agreed for how many days, months or years [the contract should last], [such a servant] shall be allowed to leave at any time, receiving a wage for the entire period he has served. If someone keeps a servant, agreeing how many years, months or days [the contract should last], [the servant] shall serve according to the agreement, and shall not be allowed to leave [before the termination of the contract]. Even if he can get higher wages at other places, he shall not be allowed to leave. He shall be allowed to leave once the agreement expires. If he escapes before the agreement expires, he shall be made to serve without wages for as many days as he has left his work [before the expiry of the agreement]. If a person who keeps a servant does not pay the agreed wages on the specified dates, though he is requested to do so, and if the servant comes to complain, he shall be made to pay the due wages or rent for the outstanding months, together with the additional payment of 1 rupee for each month in addition to what has been agreed upon. Afterwards, it shall be at his pleasure as to whether he willingly continues working [there] or quits.

4. Concerning a dispute [on the price] of a male or female slave, if an *adālata*, *ṭhānā* or *amāla* orders someone to pay the price [for a male or female slave], it shall be determined as follows: [1] 20 rupees for a slave boy below the age of 3 years, [2] 25 rupees for a slave girl [of the same age], [3] 30 rupees for a male slave from 3 to 6 years of age, [4] 35 rupees for a female slave [of the same age], [5] 50 rupees for a male slave from 6 to 12 years of age, [6] 55 rupees for a female slave [of the same age], [7] 100 rupees for a male slave from 12 to 40 years of age, [8] 120 rupees for a female slave [of the same age], [9] 60 rupees for a male or female slave from 40 to 50 years of age, and [10] 50 rupees [for a male or female slave] from 50 to 60 years of age. If someone seizes a certain male or female, claiming that they belong to him, but fails to prove his claim upon interrogation, he shall be fined according to the rates mentioned, based on the age [of a male or female slave]. One-fourth of the amount of the fine shall be collected as a winning fee.

5. If, in a dispute concerning male or female slaves, cash, goods, jewellery, quadrupeds, grain or the like, no documentary evidence is found, [but] there are witnesses who know [of the ownership], and if the case cannot be settled by any other means, [then] both litigants give [the case] into the hands of the witnesses; [the litigants] shall be made to issue a *sirabandī* certificate, [the jury members] shall be made to take the oath on the *Harivaṃśa* and the case shall be decided according to the statement [given by the witnesses]. The litigant who loses the case shall be fined an amount equal to the amount in dispute, and ¼ of the amount of this fine shall be collected from the winning party as a winning fee. If the amount of the fine is not paid, [the losing party] shall be imprisoned at the rate of 1 month for every 5 rupees [of the fine]. The winning fee shall be realised from the goods [for which the winning litigant claimed] and won.

6. When a creditor accepts a person as a bondservant, only this person him- or herself shall be recorded as a bondservant [in the deed], naming an *adālata* or *amāla* as witnesses. None of his or her household [members] shall be recorded as a bondservant. If a person who has been accepted as a usufructuary or non-usufructuary mortgage (*bā̃dhā*) by [the creditor] himself [dies], irrespective of whether he dies in the creditor's or debtor's house, [the creditor] shall not seize his other coparceners and household members. If someone comes to complain that [a creditor] who has accepted a person as bondservant has seized the coparceners or family members of that bondservant after he dies, [the creditor] who has seized [the deceased bondservant's family members] shall be fined according to the amount he claimed. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

7. If parents who belong to a caste whose members are allowed to enter into debt bondage take a loan, and if they have both sons and daughters, the creditor shall not accept the daughter as a bondservant, even if [the deed] has been witnessed by an *adālata* or *amāla*, because the daughter is not entitled to a share in the paternal property. If it becomes apparent that [a creditor] has accepted a daughter as a bondservant, naming an *adālata*, *ṭhānā* or *amāla* as witnesses, the official from the *adālata* or *amāla* who witnessed [the deed] shall be fined 10 rupees. Both the creditor who accepted her as a bondservant and the debtor who gave her into bondservanthood, shall be fined 5 rupees each, and the deed confirming the debt bondage shall be torn up. [The creditor] shall be made to issue a loan agreement without security (*kapālī tamasuka*) [to the debtor] who gave her into bondservanthood. Such a daughter or sister becomes a free person.

8. If a slave commits a crime that mandates the death sentence, he shall be executed. If he commits a crime that mandates the punishment of *dāmala*, he shall be punished by *dāmala*. If he commits a crime that mandates a fine, he shall be imprisoned. If he pays the amount set in lieu of the prison term, action shall be taken according to the *Ain*. If a slave commits a crime that mandates confiscation of his property, his property cannot be confiscated. [One] shall not confiscate his property.

9. If parents have been freed from slavery, and if their sons are living in the same or different jurisdictions [as slaves], and if the parents redeem some of their sons from slavery, while others remain in servitude (*kariyā*), and if [the parents] die [in the meantime], from the remnant of their personal property after meeting the funeral expenses, the amount equal to what was paid for redeeming [the freed sons] shall [first] be given to the sons who are still in slavery. The remaining property shall then be distributed equally among the free and unfree sons. If the value of the property [left by the deceased parents] is not equal to what was paid for redeeming [the free sons], the free sons do not receive any property. The sons who are still in slavery shall receive it. If [the deceased parents] had begotten any sons after they were freed from slavery, all sons, regardless of whether they are slaves or free, shall be permitted to enjoy the paternal property left after meeting the funeral expenses.

10. If someone with several members in his family has executed a deed of debt bondage recording the name of one of his family members [as a mortgage], and if, by mutual consent, the person who has been recorded as bondsman [in the deed] stays at home and another member of the family goes in his stead to work for the creditor, or if they work for the creditor in rotation, and the person who is working for the creditor [at the moment] dies, the creditor may oblige the person whose name has been recorded [in the deed] to work for him. If the person who has been recorded as bondsman [in the deed] dies, the creditor shall not be permitted to seize the person who had been working on behalf of the deceased person, or any other member of [the deceased's family]. If [the creditor] seizes such a person, he shall be fined 10 percent [of the credit sum].

11. If someone sells a free person (*ajāputra*), [lying] that he or she is a slave, the persons who wittingly prepare the sales deed stating that he or she is a slave, the main person responsible for the sale, and the witnesses shall each be fined 100 rupees. If a person is sold [into slavery] or purchased without knowing that he or she is a free person, the persons who prepare the sale deed and the witnesses shall each be fined 20 rupees. If they do not pay the amount of the fine, they shall, in accordance with the *Ain*, be imprisoned. If someone buys a person knowing that [he or she is not a slave], the purchase amount shall not be compensated, and [the purchaser] shall be fined an amount equal to the purchase sum. If someone unwittingly buys [a free person as slave], [the seller] shall be made to return the purchase sum to the buyer, if he is able to repay. If [the seller] is not able to return it, he shall be made to issue a loan agreement without security (*kapālī tamasuka*) [in favour of the purchaser] and be let off.

12. The persons who offer or accept [children] below the age of 16 years as bondservants shall be fined 10 rupees each. The persons who offer or accept persons who are past the age of 16 years as bondservants by force, without having [the deed] witnessed by an *adālata*, *ṭhānā* or *amāla*, shall be fined 5 rupees each. If an *amālī* witnesses [the deed confirming] that a person below the age of 18 has been given into debt bondage, he shall be fined 5 rupees.

13. If a person has no son, but only daughters, and if a daughter who has passed the age of 16 years signs a document of consent at an *adālata*, *ṭhānā* or *amāla*, stating that she, by her own will and volition, enters into debt bondage for a loan taken by her parents, it shall be valid to accept her as a bondservant once the deed of consent signed by her is received. If [the daughter] has not passed the age of 16 years, it shall not be valid even if [the creditor] accepts her as a bondservant after she is made to sign the deed of consent. The official concerned of the *adālata*, *ṭhānā* or *amāla* who made her sign [the deed of consent] shall be fined 5 rupees, and the creditor and debtor shall each be fined 5 rupees. The loan deed shall be torn up, and a deed without security for the loan shall be issued to her parents.

14. If someone's male or female slave comes to lodge a complaint at an *adālata*, *ṭhānā* or *amāla*, claiming that he or she is a free person, and if a member of his or her paternal or maternal family or any authorised person comes forward to verify [the claim], stating: "The person concerned is a free person. If he or she loses the case, I will pay the fine, and if he or she wins it, I will pay the winning fee", and if, upon hearing both parties, it is ascertained that the complainant is a free person, the person who claims that the complainant is a slave shall be fined an amount equal to the purchase amount [of the illegally enslaved person], and ¼ of the amount of the fine shall be collected as winning fee, and [both] shall be let off. If it is not ascertained that [the complainant] is a free person, but a slave, then the [complainant] who claims that he or she is a free person shall be fined an amount equal to what was paid for him or her. If he or she does not pay the amount of the fine, he or she shall be imprisoned according to the *Ain*. If no authorised person, such as someone from his or her maternal family or someone of his or her in-laws, from among the seniors (*purkhā*) or coparceners, comes forward to confirm the claim that the complainant is a free person, and if it is found that he or she has made such a claim that he or she is a free person on his or her own in order to quarrel [with the master], and if such a slave has been in the master's possession for a longer period of time, his or her complaint against the owner shall not be heard. Such a slave shall be returned to the master's authority after a *baksāunī* fee of 5 rupees per head has been collected from him for recovering the slave. If someone seizes a person, arguing that he or she is his slave, but who has not been in his possession, and if that person [who is seized] lodges a complaint stating that he or she is a free person, the case shall be decided [by investigating] the documented [evidence] and summoning the witnesses of the area. If it is proved that the complainant is a slave, he or she shall be handed over to the owner, after ¼ of the amount of the fine has been collected as a winning fee. If [the complainant] is proven to be a free person, [the person who seized him or her] shall be fined an amount equal to the value [of the illegally enslaved person].

15. If one of several brothers who are past the age of 16 years is given into [debt bondage] by his parents, naming an *adālata* or *amāla*  as witnesses, and he becomes a bondservant of his own volition, and if his parents or coparceners repay the debt and redeem him, he must repay his share of the loans which accrued while he was living in the joint household. If he redeems himself by repaying the debt through his own personal property or earnings, or by winning the favour of the creditor, he is not required to repay other debts [of his household]. He shall be permitted to receive his share from the joint property. The debts due to other creditors shall be repaid by his brothers who are living in the joint household. Other creditors shall not be permitted to seize such a person who has redeemed himself.

16. When someone emancipates a slave, if a deed [of emancipation] is prepared, citing witnesses along with the particulars that he or she is emancipated from slavery (*hāḍapāra*), but not freed from servitude (*kāmapāra*), in accordance with such a deed [of emancipation] neither the male or female slave shall be permitted to leave work and go somewhere else, nor shall the owner be permitted to sell [such a slave] and enjoy the sales proceeds. If someone comes to lodge a complaint at an *adālata*, *ṭhānā* or *amāla* concerning such matters, the case shall be decided to the effect that the owner shall not be permitted to sell such a slave and the slave shall not be permitted to quit work.

17. If someone from a Brahmin caste, including any of the Sacred Thread-wearing castes, has sexual intercourse with a person belonging to an Enslavable, Water-unacceptable or Untouchable caste, or else becomes contaminated by such a person with respect to cooked rice or water, and thereby becomes [a member] of the latter's caste [as punishment], and if such a person commits a crime [that mandates enslavement], he shall neither be enslaved nor shall he be accepted as a bondservant. If anyone enslaves him, that person shall be punished according to the *Ain*, as applicable to someone who enslaves a free person. If a creditor accepts such a person as a bondservant, he shall lose his credit sum and be fined an equal amount. If such a person who has been placed in one of these lower castes keeps a woman of a lower caste, and if their children commit a crime, they shall be fined and punished according to the *Ain*, as laid down for the members of their mother's caste.

18. If someone entices someone else's children, who are below the age of 12 years, without the knowledge of their guardians such as their parents, brothers, sisters, maternal relatives or the like, and hands them over to someone into servitude, and if it is ascertained that [such an enticer] when asked by the guardians of these children does not admit that he handed them over to someone in servitude, but conceals it, such a person—if it is a man—shall be fined 50 rupees, and 25 rupees, if it is a woman. The children shall be summoned and handed over to their rightful guardians.

19. If someone from a Sacred Thread-wearing or Non-enslavable caste lives together with someone's female slave, and if a son born to them has illicit sexual intercourse, or else he commits any other crime, such a slave boy shall not be considered a Ghartī [for the imposition of punishment], if his father, paternal uncles, brothers [or the like] have already redeemed him, on the grounds that he is their offspring and they have provided him with the sacred thread, if his father is from a Sacred Thread-wearing caste, or have freed him, if his father is from a Non-enslavable Alcohol-drinking caste. Such a son shall be punished according the *Ain*, as laid down for the respective caste to which he belongs. If such a son has not been redeemed [by his father or family member], and is still in servitude, he shall be considered a slave, although he is born from the semen of a person belonging to a high caste. He shall be [punished] in accordance with the *Ain*, as applicable to a slave. If such a son has previously committed a crime while he was in servitude, and he has already been punished according to the law applicable to a slave, and if his father, paternal uncles, brothers [or the like] later redeem him and provide him with the sacred thread, if his father is from a Sacred Thread-wearing caste, or emancipate him, if his father is from any other caste, the official of the respective *aḍḍā*, *adālata* or *amāla*, who previously punished him according to the law applicable to a slave, when he was still a slave, shall not be held accountable.

Article 83: *bālakha ra āmā chuṭyāi becanyā* (On the Sale [of Slaves] That Separates Children from Their Mother)

Edition:

१. कसैका घरमा ११ वर््ष मुनिका छोरा छोरि भयाकि कमारि छ । भाइ अंस गर््ददा कसै भाइपट्टि आमा परि कसै भाइपट्टि ११ वर््ष मनिका छोरा छोरि पर््न गया भन््यया छोरा छोरि ११ वर््ष मनिका भया पनि आफ््नना आफ््नना अंसमा पर्याका ज््ययू छुट्याइ लैजानु हुछ षत् लाग् ुं ्ददैन । छोरि वैन््हहिहरूलाइ दाइजो दातव्य दियाका ज््ययू ११ वर््ष नाघ््ययापछि लैजानु षत लाग््ददैन ।

२. कसैका ११ वर््ष मनिका छोरा छोरी भयाकि कमारि घरमा छ । धनिले थामन नसकी ११ वर््ष मनिका छोरा छोरिलाइ हवस् वा आमालाइ हवस् छुट्याइ साहुलाइ सौप््ययो भन््यया साहुले छोरा छोरिको ११ वर््षको उमेर नभै आमा छोरा छोरि छुट्याइ लैजान हुदैन । छुट्याइ लैजान््यया साहुलाइ र षुसिले सौपन््यया असामीलाइ १०।१० रूपैया दंड गर््ननु । तिन््कको ११ वर््षको उमेर नाघ््ययापछि आफु लाइ लेषिदियाका ज््ययू लैजान हुछ षतवात लाग् ुं ्ददैन ।

३. कमारा कमारि दान वक््स पाउन््ययाले कमारिका ११ वर््ष मनिका छोरा छोरि रह्याछन् भन््यया छोरा छोरि पायाका भया पनि आमा चाहि पायाकि भया पनि छोरा छोरिका ११ वर््षको उमेर नहुज्ुं ्ययाल् आमा छोरा छोरि छुट्याइ लैजान हुदैन । एस््तता छोरा छोरि छुट्याइ आमालाइ लैगयो वा आमा छुट्याइ छोरा छोरि लैगयो भन््यया दिन््यया दातालाइ र पाइ लैजान््यया दुवैलाइ ५।५ रूपैया दंड गरि आमा छोरा छोरि यकै ठाउमा रषाइदिनु । छोरा छोरिको ११ वर््षको उमेर नाघ््ययापछि आफु ले पायाका ज््ययू छुट्याइ लैजान््ययालाइ षत लाग््ददैन ।

४. कसैले कमारि वेचता कमारिका ११ वर््ष मनिका छोरा छोरिस््ममेत रह्याछन् भन््यया एकै ठाउमा वेचनु हुछ । ११ व ुं र््ष मनिका छोरा छोरि छुट्याइ आमा एकातिर वेच््ययो वा आमालाइ छुट्याइ एस््तता छोरा छोरि मात्र यकातिर वेच््ययो भन््यया वेचन््ययालाइ २० जानि जानि किंन््ययालाइ १० रूपैया दंड गरि वेचन््ययाले वेच््ययाका ज््ययूको थैली फीर््तता ल््ययाउछ तापनि किंन््ययाले अरू ज््ययूको मोलस््ममेत् तिरि लिंछ तापनी ११ वर््ष मनिका छोरा छोरि र आमालाइ यकै घरमा रषाइदिनु ।

Translation:

1. If there is a female slave who has children below the age of 11 in a household, and, during the partition of the joint property amongst the brothers, the slave mother falls under the property of one brother, and her children below the age of 11 under that of another brother, it is allowed to separate them and take the slaves falling under their respective share, even though the children are below the age of 11.<sup>248</sup> No one shall be held accountable. If [the slave children] are given to the sisters or daughters as a dowry or gift, they shall be taken when they are past the age of 11. No one shall be held accountable.

2. If there is a female slave who has children below the age of 11 in a household, and if the master, being unable to keep them, hands over the children below the age of 11 or the mother to his creditor, thus separating [them from each other], the creditor shall not be allowed to separate the children from their mother as long as they are under the age of 11. The creditor who separates them and takes them away and the debtor who willingly hands them over shall be fined 10 rupees each. The creditor shall be permitted to take the slaves who have been signed over to him once [the slave children] are past the age of 11. No one shall be held accountable.

3. If someone receives a male and female slave as a gift (*dāna*) or present (*bakasa*), and if the female slave has children below the age of 11, [the recipient]—irrespective of whether he or she has received the mother or the children—shall not be allowed to separate the children from their mother and take them, as long as [the children] are not past the age of 11. If the recipient separates the children from their mother and takes her away or separates the mother from her children and takes them away, both the person who has received [the slaves] and taken them away and the person who gave them away [as a gift] shall be fined 5 rupees each, and mother and children shall be kept at one place. Someone who separates [a slave mother and her children from each other] once the children have passed the age of 11 shall not be held accountable.

4. If someone sells a female slave who has children below the age of 11, he is allowed to sell [the mother together with her children] to the same household (*ekai thāu*). If he separates the children below the age of 11 from their mother and sells her to one household or he separates the mother from her children and sells only them to another household, the seller shall be fined 20 rupees and the one who knowingly buys them shall be fined 10 rupees. The [slave] children below the age of 11 and their mother shall be kept at the same household, irrespective of whether the seller returns the purchase amount [to the buyer and takes

248 The age restriction for a child being separated from a slave mother is 11 years. If the ownership of the child is transferred within a family after partition of property, no age restriction exists. This is most probably due to the fact that in such a case the child might still live in the vicinity of its mother.

back the slaves] or the buyer also pays the price for those [slaves being sold into another household] and takes them.

## Article 84: *svāsni becanyāko* (Selling a Wife)

#### Edition:

१. तागाधारि जात कसैले आफ््नना अैनले जार हांन हुन््ययासंमका स््ववास्नि वेचि अर््ककालाइ सौपेछ र तेस स््ववास्निको जात भात गयाको रहेनछ भन््यया प्रायश्चित्त गर््ननु पर्दैन । स््ववास्निको जात भातस््ममेत् गयाको भया वेचन््यया तागाधारिको जनै झिकि उस््कको अंस सर््वस््व गरि जात वाहेक गरि छाडिदिनु । यस््तता स््ववास्नि वेचन््ययाको हातको भात चल््ददैन पानि मात्रै चल््छ । स््ववास्नि तेसैसीत वस््छछे भन््यया पनि वस््ततीन भन््यया पनि अैन वमोजिमको आफ््ननु अंस लि जान पाउछे । अंत पोइल गै भन््यया जार काटन पाउदैन । काट्या ज््ययानको वदला ज््ययान हुछ । ुं

२. तागाधारि जात नमासिन््यया मतुवालि जात पानी चलन््यया मासिन््यया जात गैह्र कसैले भातवाट विग्रि वेस््यया भयाका र मासिन््यया नमासिन््यया जातका राष््ययाका स््ववास्निलाइ कमारि भनि वेचन््यया अजापुत्र मासन््यया ठहर््छ । तेस््तता तागाधारि जातका छोरि वेस््यया भयाका र नमासिन््यया मतुवालि जातका छोरि ल््ययायाका स््ववास्नि वेचन््ययालाइ ५४० रुपैया मासिन््यया जातका ल््ययायाका स््ववास्नि वेचन््ययालाइ ३६० रुपैया दंड गर््ननु । किंन््ययाले जानि जानि किन््ययाको ठहर्या त््ययो मोलको थैलि अदालत अमालवाट लि जानि किंन््ययालाइ अजापुत्र वेचन््ययाका दंडको आधि दंड गर््ननु । थाहा नपाइ किंन््ययालाइ थैलि कपालि गराइदिनु । जात बुझि<sup>249</sup> किंन््यया वेकु फ ठहर््छ । यस््ततालाइ २० रुपैया दंड गर््ननु । स््ववास्नि आफु षुसि हुछे । यस् ुं ्तता स््ववास्नि अर््ककासीत पोइल गया जार हांन पाउदैनन् । काट्या ज््ययानको वदला ज््ययान हुछ । मुसलमान् वाहेक अरू पा ुं नि नचलन््यया जात र छोइ छिटो हालनु पर््न्यया जातले स््ववास्नि वेच््ययो भन््यया किंन््ययाले फलानाकि स््ववास्नि हो भनि जानि जानि किनेछ भन््यया थैलि लिलाम् गरि किंन््यया वेचन््यया दुवैलाइ मासिदिनु । थाहा नपाइ किनेछ भन््यया वेचन््ययाको ज््ययू मासियापछि थैलि भुस हुछ । स् ुं ्ववास्नि आफु सुषि हुछे । जात नबु ुं झि किंन््यया वेकु फ ठहर््छ । यस््ततालाइ ५ रुपैया दंड गर््ननु । मुसलमान

जातले स््ववास्नि वेच््यया अजापुत्र मासन््यया ठहर््छ । तेस््ततालाइ ३६० रुपैया दंड गर््ननु । ३. तागाधारि जातका अैनले जार हांन हुन््ययासंमका स््ववास्नि जानि जानि किंन््ययालाइ किन््ययाकि स््ववास्निको करणि गराइ हवस् भात षुवाइ हवस् जातस््ममेत् लियेछ भन््यया किंन््ययाको अंस सर््वस््व गरी छाडीदिनु । स््ववास्नि आफु सुषि हुछे । जा ुं नि जानि किनेछ जात भातमा विग्र्याकी रहिनछ भन््यया किंन््ययाको थैलि भुस गराइ १०० रुपैया दंड गर््ननु । थाहा नपाइ कमारि हो भनी भोरमा किनेछ स््ववास्निले पनि म एस््तता जात कि हु भुं नि जाहेर गरीनछ र स््ववास्नि जात भात करणिमा विग्रिछ भन््यया थैलि कपाली गराईदिनु । जात नबुझि किंन््यया वेकु फ ठहर््छ । एस््ततालाइ २० रुपैया दंड गर््ननु । स््ववास्नि आफु सुषि हुछे । ुं

४. कसैले आफ््नना स््ववास्नि वेचतामा यो फलानाकी स््ववास्नि हो भनि जानि जानि साछि वस्न्या कागज लेषन््यया गौराइ षान््ययामा तागाधारि जातका जार हांन हुन््ययासंमका स््ववास्नि भया ३६० तागाधारि जातका वेस््यया भयाका स््ववास्नि र मासिन््यया<sup>250</sup> जातका स््ववास्नि भया २७० पानि चलन््यया मासिन््यया जातका स््ववास्नि भया १८० मुसल््ममानका भया पनि १८० रुपैया पानी नचलन््यया र छोइ छिटो हालनु पर््न्यया जात भया २० रुपैया दंड गर््ननु । फलानाकि स््ववास्नि भनि थाहा नपाइ साछि वस्न्या कागज लेषन््यया गौराञी षान््ययालाइ नबुझि वस््ययाका हुनाले तागाधारि जातकी भया २० तागाधारि जातका वेस््यया भयाका र नमासिन््यया जातकी भया १५ रुपैया पानि चलन््यया मासिन््यया जातकी भया १० पानी नचलन््यया जात र छोइ छिटो हालनु पर््न्यया जातकी भया ५ रुपैया दंड गर््ननु ।

५. नमासिन््यया मतुवाली जातले आफ््नना स््ववास्नि वेचि अर््ककालाइ सौपेछ भन््यया अजापुत्र मासन््यया ठहर््छ । तेसलाइ ५४० रुपैया दंड गर््ननु । मासिन््यया जातले भया ३६० रुपैया दंड गर््ननु । किंन््ययाले जानी जानि किनेछ भन््यया थैलि भुस गराइ उसै वमोजिम दंड गर््ननु । थाहा नपाइ किंन््ययालाइ थैलि कपाली गराइदिनु । दंड हुदैन ।

## Translation:

1. If someone belonging to a Sacred Thread-wearing caste sells his wife, and her status is such that her husband may, in accordance with the *Ain*, kill her paramour, and if she does not lose her caste status and the right of consuming cooked rice with her fellow caste members, she must not observe penance (*prāyaścitta*). Such a wife retains her caste status. The seller shall be set free after his share of property has been confiscated. If [the wife] loses her caste status and the right of consuming cooked rice with her fellow caste members, the sacred thread of a seller belonging to a Sacred Thread-wearing caste shall be removed, his share of property shall be confiscated and he shall be set free, after he has been excluded from his caste. Cooked rice from the hands of such a person who has sold his wife may not be accepted. Only water may be accepted. The wife—irrespective of whether she continues to live with him or not—shall be permitted to take her share of property and leave. If she runs off with another man, her husband shall not be permitted to kill his wife's paramour. If he kills him, he shall be executed—taking life for life.

2. If someone belonging to a Sacred Thread-wearing, a Non-enslavable Alcohol-drinking, a Water-acceptable Enslavable caste or the like sells his wife, declaring her a slave on the grounds that she has been deprived of the right to consume cooked rice with her fellow caste

<sup>250</sup> Read: *namasinyā* (Ain-54-JF).

members and has become a common woman [through illicit sexual intercourse], or if he sells a concubine from an Enslavable or a Non-enslavable caste, he shall be regarded as a person who has enslaved a free person. Such a person who sells a woman who has become a common woman and belongs to a Sacred Thread-wearing caste, or who sells a concubine belonging to a Non-enslavable Alcohol-drinking caste, shall be fined 540 rupees. If he has sold his concubine and she belongs to an Enslavable caste, he shall be fined 360 rupees. If it is ascertained that the buyer has knowingly bought such a woman, the purchase sum for her shall be confiscated by an *adālata* or *amāla* office and the buyer shall be fined half of what is applicable to someone who has sold a free person. If he buys the woman without knowing [about her caste status], [the seller] shall be made to issue a loan agreement without security (*kapālī tamasuka*) [for the purchase amount he paid]. The person who buys her without knowing about her caste status shall be considered foolish, and he shall be fined 20 rupees. The woman shall become a free person. If such a woman runs off with another man, her husband shall not be permitted to kill his wife's paramour. If he kills him, he shall be executed—taking life for life. Except for Muslims, if someone belonging to a Water-unacceptable or an Untouchable caste sells his wife, and if the buyer does not know that she is the wife of that person, the purchase amount shall be confiscated, and both buyer and seller shall be enslaved. If he buys her without knowing about it, [the buyer] loses his purchase sum once the seller has been enslaved. The woman shall become a free person. The person who buys her without knowing her caste status shall be considered foolish, and he shall be fined 5 rupees. If some belonging to a Muslim caste sells his wife, he shall be regarded as someone who has enslaved a free person. Such a culprit shall be fined 360 rupees.

3. If someone knowingly buys the wife of a person belonging to a Sacred Thread-wearing caste who, in accordance with the *Ain*, bears the right to kill his wife's paramour, and if he deprives her of her caste status by having illicit sexual intercourse with her or by feeding her cooked rice, such a buyer shall be set free after his share of property has been confiscated. The woman shall become a free person. If he buys her knowing [that she is the seller's wife] and if she does not lose her caste status through cooked rice [and illicit sexual intercourse], the buyer shall lose his purchase amount and he shall be fined 100 rupees. If he buys her without knowing [that she is the seller's wife] under the impression that she is a slave, and if the woman, too, does not inform him that she belongs to such and such a caste, and if she loses her caste status through cooked rice and illicit sexual intercourse, [the seller] shall be made to issue a loan agreement without security for the purchase sum. The person who has bought her without knowing her caste status shall be considered foolish and he shall be fined 20 rupees. The woman shall become a free person.

4. If someone sells his wife, those persons who witness the sale, who write down the sales deed and who accept the earnest money knowing that she is [the seller's] wife—shall be fined 360 rupees if she belongs to a Sacred Thread-wearing caste and her husband bears the right to kill his wife's paramour. If she is a woman belonging to a Sacred Thread-wearing caste and has become a common woman, or if she belongs to a Non-enslavable caste, [the culprits] shall be fined 270 rupees. If she is a woman belonging to a Water-acceptable or an Enslavable caste, [the culprits] shall be fined 180 rupees. If she is a Muslim woman, [the culprits] shall be fined 180 rupees. If she is a woman belonging to a Water-unacceptable or an Untouchable caste, [the culprits] shall be fined 20 rupees. If the woman belongs to a Sacred Thread-wearing caste, those persons who witness the sale, who write down the sales deed and who accept the earnest money without knowing that she is [the seller's] wife shall be fined 20 rupees, on the grounds that they unknowingly did so. If she belongs to a Sacred Thread-wearing caste and has become a common woman, or if she belongs to a Non-enslavable caste, they shall be fined 15 rupees. If she belongs to a Water-acceptable or an Enslavable caste, they shall be fined 10 rupees. If she belongs to a Water-unacceptable or an Untouchable caste, they shall be fined 5 rupees.

5. If someone belonging to a Non-enslavable caste sells his wife, he shall be regarded as someone who enslaves a free person. He shall be fined 540 rupees. If someone belonging to an Enslavable caste does so, he shall be fined 360 rupees. If the buyer knows [about her caste status], he shall lose his purchase amount and be fined an [amount] equal [to that]. If the buyer does not know about it, [the seller] shall be made to issue a loan agreement without security [for the purchase sum]. He shall require no fine.

Article 85: *birāmī cākara nikālanyā* (On Removing Sick Slaves)

Edition:

१. कसैका कमारा कमारि वाधा वधेत््ययानिमा रोग लाग््ययाकालाइ धनिले आफ््नना घरवाट निकालि कसैका जिम््ममा नगरि घाट पाटि दोवाटोमा लैगी फाल््ययाका वाचि आया भन््यया धनिले समाउन पाउदैन । आफु सुषी हुछन् । अदालत ठाना अमाल् ुं वाट छुट्टि भयो कर लाग््ददैन भंन््यया सनद गराइ अमलेष गराइदिनु । घरवाट निकालि षान पीन दि सहिसम््भभार गर्याको रहेछ भन््यया ति कमारा कमारी वाधा वधेत््ययानि छुट्टि हुदैनन् । धनिले लैगी कज््ययाउन पाउछ ।

२. आफ््नना घरमा वास दि राष््ययाकालाइ वेराम भयाका वषत््ममा घरमा वस्नु हुदैन भनि कसैले ननिकाल््ननु । वेरामि भयाकालाइ घरवाट निकालन््यया घरका धनिलाइ १० रुपैया दंड गर््ननु ।

३. कसैका घरमा भतुवा राष््ययाको छ तेस्लाइ हैजा अठ्या विफर षवट्या रोग भयो भनि रोग ल््ययाग््ययामा<sup>251</sup> घरवाट निकाल््ददिन््यया सह्यारसंभार नगरि अलपत्र फालन््ययालाइ २० रुपैया दंड गर््ननु ।

४. कसैले कमारा कमारी वाधा वधेत््ययानिलाइ भारी वोकाइ पर्देस लग््ययाको वाटमा वेरामी भयो भन््यया तेश्लाइ षान््यया पिन््यया कु रो दि कसैका जिम््ममा गरि छोडिआयाको रहेछ पछि वाचि आयो भन््यया षसम्ले चलन् गर््न पाउछ । वेरामी हुदा कसैका जिम््ममा नगरि षर््च नदि अलपत्रमा पारि उसै छोडिआयाको पछि वाचि आयो भन््यया आफु सुषि हुछ । ुं धनिको कर लाग््ददैन । अदालत ठाना अमाल्वाट छुट्टि भयो कर लाग््ददैन भंन््यया सनद गराइ अमलेष गराइदिनु ।

Translation:

1. If a master removes a male or female slave or a male or female bondservant who has fallen sick from his house, takes them to a [burning] *ghāṭa*, wayside public shelter or crossroads, and abandons them there without leaving them in anyone's care, and they survive and recover, the master shall not be allowed to recapture them. They shall become free. An *adālata, ṭhānā* or *amāla* office shall emancipate them by issuing a deed (*sanada*) stating that they are free and shall not be under [anybody's] control. If it turns out that, after removing them from the house, [the master] provided the male or female slave or male or female bondservant with food and drink and took good care of them, they shall not be freed. The master shall take them and put them [back] to work.

#### 230 — III. Editions and Translations of Selected Articles from the Ain of 1854

2. No one shall remove [a servant] who has been kept at one's house, providing him with a place to stay when he falls sick, stating that he should not stay at the house [anymore]. The master of the household shall be fined 10 rupees if he removes [a servant] who has fallen sick from his house.

3. If someone keeps a servant working only for food (*bhatuvā*) at his home, and [such a servant] suffers from cholera, Aṭhyā fever, smallpox or emaciation, the person who removes him from the house and throws him into destitution (*alapatra phālnu*), without taking care of him and without offering support on the grounds that he suffers from such a disease, shall be fined 20 rupees.

4. If someone takes male or female slaves or male or female bondservants to a foreign territory to carry his loads, and [such slaves or bondservants] fall sick on the way, and if [the master] provides them with food and drink and leaves them under somebody's care and returns, and thereafter [the slaves or bondservants] survive and return, the master shall be allowed to make use of them. If the master, while [the slaves or bondservants] are sick, does not leave them under anyone's care, and does not make provisions for their expenses, and returns leaving them destitute and abandoned, and thereafter [the slaves or bondservants] survive and return, [such slaves or bondservants] shall become free, and shall not be under the control of their master. An *adālata, ṭhānā* or *amāla* shall emancipate them by issuing a deed stating that they are free and shall not be under [anybody's] control.

#### Article 86: *māsinyā jyū amālile linyāko* (On the Amālī's Right to Take Slaves into His Possession)

#### Edition:

१. मासिन््यया जातका लोग््न्यया स््ववास्नि मानिस् कसैले मासिन््यया षतवात गर्याको कु रो जाहेर भै भागी अरू अम््वल््ममा गै वस््ययाका रह्याछन् भन््यया कायल्नामा भयाको भया जौना अम््वल्वाट विराव गरि भाग््ययाका छन् उसै जगाका कायल्नामा लेषाउन््यया अमालिले पाउछ । षत जाहेर भयापछि कायल्नामा हुन नपाइ भाग््ययाका रह्याछन् र पछि पत्ता लाग््ययो भन््यया उसै जगाका पछि पत्ता लगाइ पक्रन््यया अमालिले पाउछ । भागि गै वस््ययाका जगाका अमालिले कायल्नामा गरायाको भया पनि लिन पाउदैनन् । मासिन््यया षतवात गर्याको कु रो प्रकास नहुदै उस् ठाउवाट अरू अम््वल््ममा गै वस््ययाका रह्याछन् र पछि कु रो जाहेर भयो भन््यया जाहा गै वस््ययाका छन् उसै ठाउका अमालिले लिन पाउछ । षतवात जाहेर नभै गयाकामा मेरा अम््वल््कका कु रिया हुन् म पाउन््यया हुुं भनि अघि ति वस््ययाका ठाउका अमाली द्वार्याले लिन पाउदैनन् । नलिनु ।

२. गुठि विर््ततावितलव वेषमाना चावल् फिगढार<sup>252</sup> मरौट् छाप जगाका मासीन््यया षत्मा पर्याका चाक चकु इ उस ठाउवाट भागी गै गुठि विर््ततावितलव गैह्र जगामा वस््ययाका रह्याछन् भन््यया जौन जगाका हुन उसै जगाका धनिले पाउछन् । रैकर षुवा जगामा गै वस््ययाका रह्याछन् भन््यया विर््तता वितलववालाहरूले अघि कायेल्नामा गर्याको भया उसैले पाउछन् । कायेलनामा गर्याको रहेनछ भन््यया अदालत्को हुछ । ुं ३. स््ववास्नि जातले पेट वोक््ययाको छ । तेसै स््ववास्निले चोरि गरि अर््कका जातमा करणि गराइ मासी भन््यया गर््भ रह्याको वालष पनि मासिंछ । गर््भवाट अघि जन््म्ययाको रहेछ भन््यया आमाका षत््ममा छोरा छोरि मासिदैनन् ।

४. कमाराले भोट्या चेपाङ् माझि दनुवार हायु दरै कु माल् पहरि गैह्र मासिन््यया जातका छोरी बुहारिको करणि गर्यो भन््यया गुठि विर््तता सर््ववाक माफि जगा वेष छाप गैह्रका कागजका मालिक् र इजारा ठेकदार द्वार्याका कमाराले करणि गरी चाक चकु इ पर्याका दुवै ज््ययू सर््ककारिया हुछन् । अदालत ठानावाट बु ुं झिलिनु । दुनिञा रैतिका कमाराले विरायामा चकु इ पर्याको अमालि ठेक्दार द्वार्या वेष विर््तता छाप सर््ववाक माफि जगाका धनिले लिनु । पर््जजाका छोरि वुहारि विराउन््यया कमारालाइ अदालत् ठाना अमालवाट अैन् वमोजीम् कै द गर््ननु । षसम्ले म््ययादका रुपैया तिरि लैजांछ भन््यया अैन वमोजीम् रुपैया लि उसैका जिम््ममा गरि छाडीदिनु ।

५. हाड फोरा परि मासिन््यया षत््ममा र चाक चकु इ परि दंड हुन््यया षत््ममा एका अम््वलको चाक एका अम््वलकि चकु इ पर्या भन््यया जस् जस््कका अंवल्मा पर्याका हुन् उसै उसै अंवलवाट लिनु ।

६. मासिन््यया जात गैह्रका जार काटि मासियाकि स््ववास्नि जार भागी जादा अर््कका अवलमा गै काटि डल््ललो गल््ययो भन््यया हाम्रा अम््वलमा डल््ललो गल््ययो भंन््ययाले पाउदैन । जाहाका कु रिया हुन् उसै अंवलकाले पाउछन् ।

७. मासिन््यया जातले १ फे रा मासिन््यया षत गरि अैन वमोजिम् मासियापछि छुटि अकरीया भैरह्याका मानिसले फे रि मासिन््यया षत गर्यो भन््यया फे रि पनि मासिदिनु । ८. जागीर््ददार जागीर््ददारका षुवा जागीरका दुवैतर््फका जगामा पर्याको झगराको मेरा जगावाट झगरा छिन््ययापछि आम््ददानि मेरो हुछ भ ुं नि दियेन भनि कोहि कराउन आया दुवै झगरिया आफ््नना अंवलका भया तिनको अैन वमोजीम््कको आम््ददानि पनि उसै जगाका अमालिको हुछ । उइत ुं र््फका<sup>253</sup> कु रिया रह्याछन् र एकापट्टिका अमालि द्वार्याहरू मात्रै भै झगरा छिन््ययाको भया आम््ददानीको छैटि लि उपर आम््ददानी जौना अम््वल््कका कु रीया हुन् उसै अम््वलका अमालिलाइ सौपिदिनु ।

#### Translation:

1. If a man or a woman who belongs to an Enslavable caste flees to another jurisdiction and settles there after it becomes known that he or

252 Read: *phikdāra*.

253 Read: *duītarphakā*.

she has committed a crime that mandates enslavement, and if a confession had [earlier] been obtained, then [the *amālī* officer] of the jurisdiction from which he or she fled after committing the crime—the *amālī*  that drew up the confession—shall take him or her into his possession. If the person flees after the crime has become known, but with no confession having been obtained, and if information [regarding the crime] becomes known [more widely], the *amālī* of that jurisdiction that apprehends [him or her] after such information has been made known shall take him or her into possession. The *amālī* of the jurisdiction to where the person flees and settles shall not take him or her into possession, even though it obtains a confession. If the person flees from that place and settles in another jurisdiction before the crime that mandates enslavement becomes known, and if the matter becomes known [later], the *amālī* of the place where the person went and settled shall be permitted to take him or her into possession. If they flee before the crime becomes known, the *amālī* or *dvāre* officer of the place where they lived before shall not be entitled to take them into possession on the grounds that they are tenants from his jurisdiction and he is the one to capture them. He shall not take them into possession.

2. If [a man and a woman who live as tenants] on *guṭhī*, *birtābitalapa*, *bekha*, *mānācāmala*, *phikadāra*, *marauṭa* or *chāpa* land commit a [sexual] offence that mandates enslavement, and the *cāka* and *cakuī*  flee from that place and settle on *guṭhī* or *birtābitalapa* land or the like, the owner of that land to which they belonged [before they fled] shall have custody [of the offenders]. If they flee and settle on state-owned or *khuvā* land, the owners of the *birtābitalapa* land shall have custody if a confession has earlier been obtained. If no confession has [earlier] been obtained, the *adālata* office shall have custody.

3. If a woman is pregnant and she treachrously has illicit sexual intercourse with a man from a different caste, the child in her womb shall also be enslaved. If children are born [before their mother is enslaved for her crimes], such children shall not be enslaved for their mother's crime.

4. If a slave has illicit sexual intercourse with the daughter or daughter-in-law [of someone] belonging to an Enslavable caste, such as Bhoṭe, Cepāṅga, Mājhī, Danuvāra, Hāyu, Darai, Kumāla, Paharī or the like, and if that slave who has had illicit sexual intercourse belongs to the owner of *guṭhī*, *birtā*, tax-exempted, *bekha*, *chāpa* land or the like, or to an *ijārā* or *ṭheka* holder, both the *cāka* and *cakuī* shall become government property. The *adālata* or *ṭhānā* office shall take them into possession. If a slave belonging to a commoner has such illicit sexual intercourse, the *amālī*, *ṭheka* holder or *dvāre* or the owners of *bekha*, *birtā*, *chāpa* and tax-exempted land shall take the woman (*cakuī*) into possession. A slave who has illicit sexual intercourse with the daughter or the daughter-in-law of [someone belonging to] a Parjā caste shall, in accordance with the *Ain*, be imprisoned by an *adālata*, *ṭhānā* or *amāla*. If his master pays the amount set in lieu of his prison term and takes him back, he shall be set free and handed over to his master, the amount being accepted in accordance with the *Ain*.

5. Concerning a case of incest which mandates enslavement or the punishment applicable to a *cāka* and *cakuī*, if the *cāka* belongs to one jurisdiction and the *cakuī* to another, the respective jurisdiction shall take the respective offender into possession.

6. If a woman from an Enslavable caste or the like, who has been enslaved after her paramour was killed [by her husband], runs off with [another] paramour and they flee to another jurisdiction and [the paramour] is killed on that soil (*ḍallo galnu*), [the official concerned of that jurisdiction] shall not be allowed to take [the woman] into possession on the grounds that [the paramour was killed] on the soil of his jurisdiction. The [respective official] of the jurisdiction where they lived as tenants [before they fled] shall take her into possession.254

7. If someone from an Enslavable caste commits a crime that mandates enslavement and, thus, is enslaved in accordance with the *Ain*, and if once he is freed and not in servitude [any more], he commits again a crime that mandates enslavement and he shall again be enslaved.

8. If there is a dispute concerning *khuvā* or *jāgira* land belonging to two different *jāgira* holders, and if the [respective] *amālī* comes to complain that [one of the *jāgira* holders] does not give him the income [generated from the case] on the grounds that the income should belong to him because the case was settled on his land, and if both litigants are from [the *amālī*'s] jurisdiction, the income in accordance with the *Ain*  shall belong to the *amālī* of that land. If tenants from two different [jurisdictions are in dispute], and if the dispute is settled by only the *amālīs* or *dvāres* of one jurisdiction, ⅙ of the income shall be given to [the *amālīs* or *dvāres*] who settled the case and the remaining income shall be handed over to the respective *amālīs* of the jurisdictions to which the tenants belong.

254 The exact meaning of this section is unclear, especially since the meaning of the phrase *ḍallo galnu* ("a clod that dissolves") remains obscure to us.

234 — III. Editions and Translations of Selected Articles from the Ain of 1854

Article 97: *āsauca bārnyāko* (On Observing Impurity)

### Edition:

३०. आफ््नना षसम् षस््ममिनिहरू मरि घरमा जुठो पर्यो भन््यया करिया चाकर षवास््यया केटि कमारा कमारिहरूलाइ पुरो जुठो लाग््छ । दर््ममाहादार चाकर वाधा वधेत््ययानि मानु षाइ चाकरि गरि वस्न्या एस््तता चाकरहरूलाइ ३ दिन जुठो लाग््छ । आफ््नना घरका षसम् षस््ममिनि वाहेक षसंका अरू दसाहा भाइ मर्यामा चाकरलाइ जुठो लाग््ददैन ।

## Translation:

30. If one's master or mistress dies, and the household is polluted by [death] impurity, a servant in servitude, a Khavāsa, a maid, or a male or female slave is fully afflicted by the death impurity. A wage-earning servant, a male or female bondservant, or a servant working for his keep are afflicted by the impurity for 3 days. A servant is not afflicted by the impurity, except when the master or mistress of his household dies, [but not] if any other of the master's [more distant] family members dies for whom a 10-day mourning period is prescribed.

Article 118: *māsinyā matuvālīko* (On [incest among] Enslavable Alcohol-drinking Castes)

Edition:

आफ््नना हाडनातामा करणि गर््न्यया मासिन््यया मतुवाली जात गैह्र पानी चलन््ययाको तपसिल

१. सधवा भया पनि विधवा भया पनि वेस््यया भया पनि आफु लाई जन््ममाउन््यया आमाको करणि गर््न्यया मासीन््यया मतुवाली जातका गैह्रलाइ काटि मारिदिनु ।

२. आफ््नना एका वावुवाट जन््म्ययाका दिदि वैन््हहि र आफु ले जन््ममायाका छोरिको करणि गर््न्यया मासिन््यया मतुवालि जात गैह्रलाइ ऐन वमोजिम्को सर््वस््व गरि दामल् गर््ननु ।

३. आफ््नना हाडमा ५ पुस््ततासम््मका आफु लाइ जन््ममाउन््यया आमा आफ््नना एका वावुवाट जन््म्ययाका दिदि वैन््हही आफु ले जन््ममायाको छोरि र भाउज््ययू नाता पर््न्यया वाहेक अरू ११ वर््ष नाघ््ययाका कंन््यया सधवा विधवाको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रका लोग््न्यया स््ववास्नि दुवैलाई मासिदिनु ।

४. आफ््नना हाडमा ५ पुस््ततादेषि माथि आफु देषि १४ पुस््ततासम््मका ११ वर््ष नाघ््ययाका कंन््यया र विधवाको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रका लोग््न्ययालाइ १५ स््ववास्निलाई १० रुपैया दंड गरि छुट्याइदिनु । ५ पुस््ततादेषि माथि करणि गर््न्ययाको ज््ययू मासिदैन ।

५. आफ््नना १४ पुस््ततादेषि माथिका हाडनातामा करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रका लोग््न्ययालाई १२ रुपैया स््ववास्निलाइ ८ रुपैया दंड गर््ननु ।

६. मासिन््यया मतुवालीमा पानि चलन््यया जातसम््मका कसैले आफ््नना हाडका ५ पुस््ततादेषि उभोका सधवा स््ववास्निको करणि गर्यो भन््यया विहा गरि ल््ययायाका र विहाको रित गरि ल््ययायाका स््ववास्निको २० रुपैया विहा षर््च साधुलाइ भराई दि लोग््न्ययालाइ २० हाडफोरा पर््ननाले स््ववास्निलाई १० रुपैया दंड गर््ननु । विहाको रित नपुर्याइ ल््ययायाका आफ््नना जात भातमा चल््ययाका स््ववास्निको करणि गर््न्ययालाई विहा षर््च पर्दैन । लोग््न्ययालाइ १० स््ववास्निलाइ १० दंड गर््ननु । जात भातमा नलियाका घरमा ल््ययाइ राष््ययाका स््ववास्निको करणि गर््न्यया लोग््न्ययालाइ १० स््ववास्निलाइ ५ रुपैया दंड गरि छुट्याईदिनु । रुपैया नतिर्या ऐन वमोजिम् कै द गर््ननु ।

७. मासिन््यया मतुवाली जात गैह्रले विधवा भाउज््ययू नाता पर््न्ययाका मनोमानले करणि गर्यो भन््यया करणि गर््न्यया गराउन््यया दुवैलाई राजषत लाग््ददैन । सधवा भाउज््ययू नाता पर््न्ययाको करणि गर्यो भन््यया अघिदेषि जार हान्न्या जातलाई साधुले जार काटन नहुनाले ऐन वमोजिम् अंस सर््वस््व गरि लिंछ तापनि वस््यका गाउ सहरवाट नीकाली दिंछ तापनि केहि नगरि उसै छाडछ तापनि साधुको षुसि । साधुले सजाय नगरि षत माफ गरि छाड्याकाको जात जादैन । म सजाय गर्दीन भनि अडा गौडा अदालत् ठाना अमाल्मा भंन आयो भन््यया जारि गर््न्ययाको ऐन वमोजिम् अंस सर््वस््व गरि दसौद ली उपर साधुलाइ सौपिदीनु । करणि गर््न्ययालाइ ६ मैन््हहा कै द गर््ननु । म््ययादको रुपैया दिया लिनु । साधुले सजाय नगरि जारिको षत माफ गरि छोड्यो भन््यया राजषत लाग््ददैन जात

जादैन । अघिदेषि जार नहानि आउन््यया जातका लोग््न्यया स््ववास्नि दुवैलाइ मासिदिनु । ८. आफु ले जन््ममायाका छोरिका छोरि नाति<sup>255</sup> र ऐनले जार हान्न हुन््ययासम््मका नातीन््यया वुहारिको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रलाई राजषत लाग्नाले करणि गर््न्यया गराउन््यया दुवैलाई मासिदिनु ।

९. भांजा भांजि पट्टीका नातामा सधवा भया पनि विधवा भया पनि कंन््यया भया पनि आफ््नना वावुवाट जन््म्ययाका दिदि वैन््हहिका छोरि भंजि र ऐनले जार हान्न हुन््यया भांज््यया वुहारिको करणि गर््न्यया मासिन््यया मतवालीजात गैह्रलाइ राजषत लाग्नाले लोग््न्यया स््ववास्नि दुवैलाई मासिदिनु ।

१०. मावलि पट्टिका नातामा आमालाइ जन््ममाउन््यया वज््ययू आमाका सहोदर वज््ययू आमा जन््म्ययाका एका वावुवाट जन््म्ययाका दिदि वैन््हहि सानि ठुली आमा र मामाका जार हान्न हुन््यया सम््मका स््ववास्नि माइज््ययूको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रलाइ राजषत लाग्नाले लोग््न्यया स््ववास्नि दुवैलाई मासिदिनु ।

११. मावली पट्टीका नातामा आमाका सौतिन््यया आमाका छोरि सानि ठुली आमा र आमाकि आमाका एका वावुवाट जन््म्ययाका दिदि वैन््हहि बज््ययुहरूको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रलाइ सधवा भया साधुलाइ २० रुपैया विहा षर््च भराइ लोग््न्ययालाई २० स््ववास्निलाइ १० रुपैया दंड गर््ननु । कंन््यया विधवा भया राजषत लाग्नाले करणि गर््न्यया लोग््न्ययालाइ १५ रुपैया स््ववास्नि लाइ १० रुपैया दंड गर््ननु ।

१२. ससुराली पट्टिका नातामा आफ््नना स््ववास्निकि आमा सासु आफ््नना ससुराले विहा गरि ल््ययायाका स््ववास्नि सासु ससुरालाइ र साधुलाइ<sup>256</sup> जन््ममाउन््यया बुढि सासु ऐतिको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रलाइ करणि गर््न्यया र करणि गराउन््यया दुवैलाइ मासिदिनु ।

१३. आफु लाइ दिक्षा मंत्र सुनाउन््यया गुर््ममा र गुरुका ऐनले जार हान्न हुन््यया स््ववास्नि गुर््ममाको करणि गर््न्यया मासिन््यया मतुवाली जात गैह्रका लोग््न्यया स््ववास्निलाइ मासिदिनु । १४. आफु लाइ जन््ममाउन््यया वावु आफ््नना एका वावुवाट जन््म्ययाका दाज््ययू भाइ आफु ले जन््ममायाका छोरालाई करणि दिन््यया आफ््नना ससुरालाइ करणि दिन््यया स््ववास्निहरूमा नमासिन््यया जातका स््ववास्नि भया ३ वर््ष कै द गर््ननु । म््ययादका रुपैया तिर्या ली छाडनु । मासिन््यया जात पानि नचलन््यया जात छोइ छिटो हालनु पर््न्यया जातका स््ववास्निलाइ मासिदिनु ।

१५. मासिन््यया जातमा पानि चलन््यया नचलन््यया गैह्र जातले आफ््नना एका वावुवाट जन््म्ययाका ज््ययेठा कांछा वावुका छोरिका छोरि भांजिहरू र आफ््नना एका वावुवाट जन््म्ययाका दाज््ययू भाइका छोरिका छोरि नातिनीहरूको करणि गरेछ भन््यया सधवा भया ऐन वमोजिम् साधुको षुसि । कन््यया र विधवा भय<sup>257</sup> करणि गर््न्यया गराउन््यया लोग््न्यया स््ववास्नि दुवैलाई मासिदिनु । एति नाता वाहेक अरू गोटिया भाइहरूका छोरिका छोरिको करणि गरि भातमा वोरेछ भन््यया सधवा भया ऐन वमोजिम् साधुको षुसि । ११ वर््ष नाघ््ययाका कंन््यया विधवा भया नाता नलाग््न्यया कु टुंवका कंन््यया विधवाको करणि गर््न्ययालाइ लेष््ययाका ऐन वमोजिम् सजाय गर््ननु । भातमा वोर्याको नभया षतवात लाग््ददैन ।

### Translation:

The regulations applicable to someone belonging to an Enslavable Alcohol-drinking Caste who commits incest within blood relations:

#### Particulars

1. Someone belonging to an Enslavable Alcohol-drinking caste who commits incest with his natural mother, shall be executed—irrespective of whether she is married, widowed or a common woman.

2. Someone belonging to an Enslavable Alcohol-drinking caste who commits incest with his sister, begotten by his father himself, or with his daughter he himself has begotten, shall be punished by *dāmala* after his share of property has been confiscated, in accordance with the *Ain*.

3. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with an unmarried girl, married woman or widow of his blood relations who shares with him a common ancestor up to

256 Read: *sāsulāi*. 257 Read: *bhayā*.

5 generations back, who is past the age of 11 and who is not his natural mother, nor a sister his father himself has begotten, nor a daughter he himself has begotten, nor an older brother's wife, both such a man and woman shall be enslaved.

4. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with an unmarried or widowed woman of his blood relations who has passed the age of 11 and who shares with him a common ancestor from more than 5 generations back and up to 14 generations, such a man and woman shall be fined 15 and 10 rupees respectively and they shall be separated from each other. Someone [belonging to an Enslavable Alcohol-drinking caste] who commits incest [with a woman] who, in his family tree, is related to him more than 5 generations back shall not be enslaved.

5. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with a person of his or her blood relation who shares a common ancestor from more than 14 generations back, such a man and woman shall be fined 12 and 8 rupees respectively.

6. Among the Enslavable Alcohol-drinking castes, if someone from whom water may be accepted commits incest with a married woman of his blood relations who shares a common ancestor more than 5 generations back, and who has entered marriage or has been wedded according to the marriage rites of her caste, he shall be made to pay 20 rupees to her aggrieved husband for the marriage expenses and shall be fined 20 rupees. Since it is incest, such a woman shall be fined 10 rupees. If he commits incest with such a woman, who has been brought in without being wedded according to the marriage rites of her caste, and who has been accepted to consume cooked rice with [her aggrieved husband's] fellow caste members, he shall not need to compensate [her aggrieved husband] for the marriage expenses. Both such a man and woman shall be fined 10 rupees each. If he commits incest with such a woman who has been brought in and kept in the house, but has not been accepted to consume cooked rice [with her aggrieved husband's] fellow caste members and to perform caste rituals with them, such [an adulterer] shall be fined 10 rupees and she shall be fined 5 rupees. They shall be separated from each other. If they do not pay the amount of the fine, they shall, in accordance with the *Ain*, be imprisoned.

7. If someone belonging to an Enslavable Alcohol-drinking caste has consensual sexual intercourse with the widow of his older brother, both parties shall not be held accountable for committing a heinous crime (*rājakhata*). If he has sexual intercourse with his older brother's ritually married wife, since her aggrieved husband, although he belongs to a caste bearing the right to kill his wife's paramour, is not permitted to kill his wife's paramour [in such a case], it shall be up to the will of the aggrieved husband whether he, in accordance with the *Ain*, confiscates his wife's paramour's share of property, or exiles him from the village or city where he lives, or whether he lets his wife's paramour off without doing any such. If such an aggrieved husband lets his [wife's paramour] off, giving him an excuse for his crime and without punishing him, [the adulterer] shall not lose his caste. If such an aggrieved husband comes [to government offices] and declares that he will not punish his wife's paramour, the *aḍḍā*, *gauḍā*, *adālata*, *ṭhānā*  or *amāla* offices shall, in accordance with the *Ain*, confiscate the share of property of such [an adulterer], shall collect 10 percent of [the total value], and give it to that aggrieved husband. The adulterer shall be imprisoned for 6 months. If he pays the amount in lieu of his prison term, it shall be accepted. If the aggrieved husband forgives his wife's paramour and lets him off without punishing him, [the latter] shall not be held accountable for committing a *rājakhata*. He shall not lose his caste. Both such a man and woman, if they belong to a caste whose members do not bear the right to kill their wives' paramour [in such a case of adultery], shall be enslaved.

 8. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with his granddaughter, who is daughter of the daughter he himself has begotten, or his granddaughter-in-law, whose husband bears the right to kill his wife's paramour according to the *Ain*, both the man who committed incest and the woman who let him do so shall be enslaved, because it is a *rājakhata*.

9. Among nephews and nieces, if someone belonging to an Enslavable Alcohol-drinking caste commits incest with his niece, who is the daughter of his sister fathered by the same father as he is, or with his niece-in-law who is the wife of his nephew bearing the right to kill his wife's paramour according to the *Ain*—irrespective of whether she is married, widowed or unmarried, both shall be enslaved, because it is a *rājakhata*.

10. Among the maternal relations, if someone belonging to an Enslavable Alcohol-drinking caste commits incest with his grandmother who gave birth to his mother, or with his maternal aunt fathered by the same father of his mother, or with his maternal uncle's wife whose husband bears the right to kill his wife's paramour, both shall be enslaved, because it is a *rājakhata*.

11. Among the maternal relatives, if someone belonging to an Enslavable Alcohol-drinking caste commits incest with his maternal aunt who is the daughter of the stepmother of his mother, or grandmother who is the daughter fathered by the same father of the mother's mother (i.e. grand-aunt), and she is married, he shall be made to pay 20 rupees to her aggrieved husband for the marriage expenses, and both such a man and woman shall be fined 20 and 10 rupees, respectively. If such a woman is unmarried or widowed, the man shall be fined 15 rupees and woman shall be fined 10 rupees, because it is a *rājakhata*.

12. Among the family from the bride's side, if someone belonging to an Enslavable Alcohol-drinking caste commits incest with his mother-in-law who gave birth to his wife, with a co-wife of his father-inlaw who has entered marriage, with his grandmother-in-law who gave birth to his father and mother-in-law, both such a man who committed incest and the woman who let him do so shall be enslaved, because it is a *rājakhata*.

13. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with his female guru who gave him the initiatory mantra, or with the wife of his guru who gave him the initiatory mantra and who bears the right to kill his wife's paramour according to the *Ain*, both shall be enslaved.

14. Among the women, any who lets her natural father, her brother whom her father himself has begotten, her son whom she herself has begotten or her father-in-law commit incest with her, if she belongs to a Non-enslavable caste, she shall be imprisoned for 3 years. If she pays the amount in lieu of her prison term, it shall be accepted and she shall be set free. If such a woman belongs to an Enslavable, Water-unacceptable [but Touchable] or Untouchable caste, she shall be enslaved.

15. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with his niece born to the daughter of his paternal uncle, who is born from the same grandfather, or with his granddaughter born to the daughter of his brother, who is born from the same father, and she is married, it shall, in accordance with the *Ain*, be up to the will of her aggrieved husband [as to whether he punishes his wife's paramour or not]. If she is unmarried or widowed, both such a man who committed incest and the woman who let him do so shall be enslaved. If such a person has illicit sexual intercourse with a woman among his relatives or clan members other than the ones mentioned above, and if he has contaminated his fellow caste members through cooked rice after the illicit sexual intercourse, and if she is married, it shall, in accordance with the *Ain*, be up to the will of her aggrieved husband [as to whether he punishes his wife's paramour or not]. If she is unmarried or widowed and is past the age of 11, he shall be punished in accordance with the regulation applicable to someone who has sexual intercourse with an unmarried or widowed woman who is not among his relatives [or clan members]. If he has not contaminated [his fellow caste members] through cooked rice, he shall not be held accountable.

## Article 124: *hāḍanātākā vesyā bhayākāko karaṇi garnyā māsinyāko*

(On [Incest] by a Member of an Enslavable [Alcohol-drinking Caste with a Relative Who Has Become a Common Woman])

#### Edition:

१. मासिन््यया मतवालि जात गैह्रले आफ््नना हाडमा ४ पुस््ततासंमका दाज््ययू भाइ काका वाज््यया छोरा नाति पर््न्ययाका छोरि फु पु वज््ययू दिदि वैन््हहि छोरि भतिजि नातिनि पनातिनी पर््न्यया र आफ््नना साक्षात् दिदि वैन््हहिका छोरि भांजि आफ््नना आमालाइ र वावुलाइ जन््ममाउन््यया वज््ययू आमाका सहोदर दिदि वैन््हहि सानि ठुलि आमा आफ््ननि स््ववास्निलाइ जन््ममाउन््यया सासु आफु लाइ मंत्र सुनाउन््यया गुर््ममा एतिमा आफ््नना षसंको सत््य छोडि अर््ककासित पोइल गयाकालाइ जति सुकै लिंग परि करणि गर्या पनि लोग््न्ययालाइ मासिदिनु । करणि दिन््यया स््ववास्नि नमासिन््यया जातकि रहिछ भन््यया वेस््यया हुछे । मा ुं सिन््यया जातकि रहिछ भन््यया मासिदिनु |

२. मासिन््यया मतवालि जात गैह्रले आफु लाइ जन््ममाउन््यया आमा वाहेक अरू वावुले अैनले जार हांन हुन््यया संमका ल््ययायाका सौतिन््यया आमा आफु लाइ मंत्र सुनाउन््यया गुरुका स््ववास्नी गुर््ममा आफ््ननि आमाका विमातृ पट्टिका दिदि वैन््हहि सानि ठुलि आमा ससुरालाइ र सासुलाइ जन््ममाउन््यया वुढि सासु ससुराले अैनले जार हान्न हुन््ययासंमका स््ववास्नी सौतिन््यया सासु यतिमा आफ््नना षसम््कको सत््य छोडि अर््ककासित पोइल गयाका स््ववास्निको आफु तेस्रो परि कर््णणि गर््न्ययालाइ लोग््न्यया रहेछ भन््यया जार हांन््यया जातको अैन वमोजिम साधुको षुसि । लोग््न्यया रहेनछ वा जार हानेन भन््यया राजषत् लाग्नाले २० रुपैया चौथो परि कर््णणि गर््न्ययालाइ १५ जतिसुकैसित विग्र्याकि भया पनि चौथोदेषि युढो परि कर््णणि गर््न्ययालाइ अघिदेषि जार हांन््यया जात रहेछ भन््यया १० रुपैया दंड गरि छुट्याइदिनु । जात जादैन ।

३. मासिन््यया जातमा पानि चल््न्यया गैह्र जातका आफ््नना हाडमा ४ पुस््ततादेषि युढो ७ पुस््ततासम््ममा दाज््ययू भाइ काका वाज््यया छोरा भतिजा पर््न्ययाका छोरि फु पु वज््ययू दिदि वैन््हहिको छोरि नातिनि पनातिनि नाता पर््न्यया स््ववास्नीहरूमा आफ््नना षसंको सत््य छोडि अर््ककासित पोइल गयाकाको आफु तेश्रो परि कर््णणि गर्यो भन््यया लोग््न्यया रहेछ भन््यया अघिदेषि जार हानि आयाका जातलाइ जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । लोग््न्यया रहेनछ भन््यया र जार हानेन भन््यया अघिदेषि जार नहांन््यया जात रहेछ भन््यया राजषत् लाग्नाले १५ रुपैया चौथो लिंग परि कर््णणि गर््न्ययालाइ १० रुपैया जतिसुकैसित विग्र्याकि भया पनि पाचौ लिंग देषि युढो परि कर््णणि गर््न्ययालाइ ५ रुपैया दंड गरि छुट्याइदिनु । ७ पुस््ततादेषि युढोका आफ््नना षसंको सत््य छोडि अर््ककासित पोइल गयाका स््ववास्नीको कर््णणि गर््न्ययालाइ राजषत् लाग््ददैन ।

४. मासिन््यया मतवालि जात गैह्रले आफ््नना हाडका ७ पुस््ततासंमका काका वाज््यया भाइभतिजा छोरा नातिहरूले विहा गरि ल््ययायाको दियो कलस पूजि ल््ययायाका जारि गरि ल््ययायाका कंन््यया विधवा ल््ययायाका र आफ््नना साक्षात् माइज््ययू भांज््यया वुहारिहरूमा आफ््नना सषसंमको<sup>258</sup> सत््य छोडि अर््ककासित पोइल गयाका स््ववास्नीहरूसित आफु तेश्रो परि कर््णणि गर्यो भन््यया लोग््न्यया रहेछ भन््यया जार हांन््यया जातको अैन वमोजिं साधुको षुसि । लोग््न्यया नरहेछ<sup>259</sup> भन््यया र जार हानेन भन््यया राजषत् लाग्नाले १५ रुपैया आफु चौथो लिंग परि कर््णणि गर््न्ययालाइ १० रुपैया जतिसुकैसित विग्र्याकि भया पनि पाँच लिंगदेषि युढो कर्नी गर््न्ययालाइ ५ रुपैया दंड गरि लोग््न्यया स््ववास्नी छुट्याइदिनु । ७ पुस््ततादेषि युढोका आफ््नना षसम््कको सत््य छाडि अर््ककासित पोइल गयाका स््ववास्नीको कर््णणि गर््न्ययालाइ पनि राजषत् लाग््ददैन ।

५. लिंवु किराति जात वाहेक तागाधारि जात र नमासिन््यया मतवालि जात मासिन््यया जात पानि नचल््न्यया जात छोया छिटो हालनु पर््न्यया जातले आफ््नना वावुले विहा गरि लायाका कंन््यया ल््ययायाका विधवा ल््ययायाका जारि गरी ल््ययायाका अैनले जार हांन हुन््ययासंमका स््ववास्नी सानि आमाहरू अर््ककासित विग्र्याका विग्र्याको जाहेर भै कर््णणि गरेछ भन््यया अैन वमोजिं अंस सर््वस््व गरि लोग््न्यया स््ववास्नी छुट्याइदिनु । एस््तताका हातको भात चल््ददैन । पानि चल््छ । पानिको मात्र पतिया दिन<sup>260</sup> । छुट्यायापछि फे रि पनि कर््णणि गर्यो भन््यया जति फे रा कर््णणि गर््छ उत्तिपल््ट १०।१० रुपैया दंड गरि छुट्याइदिनु |

#### Translation:

1. If someone belonging to an Enslavable Alcohol-drinking caste commits incest with a woman from his blood relations, sharing with him a common ancestor up to 4 generations back, and who, being unfaithful to her husband, has run off with another man, and who is the daughter, paternal aunt, grandmother, sister, niece, granddaughter or great-granddaughter of a male member of his family, [such as] parental uncles, grandfathers, sons or grandsons, or a niece who is the daughter of his full-sisters, the grandmother who gave birth to his father or mother, a maternal aunt who is the full-sister of his mother, the mother-in-law who gave birth to his wife or the female guru who gave him the initiatory mantra, such [an incestuous man] shall be enslaved irrespective of whatever numbers of men with whom she had committed adultery [before him]. If such a woman, who has let him commit incest with

258 Read: *ṣasamako*.

259 Read: *rahenacha*.

260 Read: *dinu*.

her, belongs to a Non-enslavable caste, she shall become a common woman. If she belongs to an Enslavable caste, she shall be enslaved.

2. If someone belonging to an Enslavable Alcohol-drinking caste commits, as her third [sexual] partner, incest with a woman who has run off with another man without remaining faithful to her husband, and who is not his natural mother, [but] the co-wife of his father, and his father bears the right to kill his wife's paramour; or the wife of his guru who gave him the initiatory mantra, or a maternal aunt who is the half sister of his mother, or the grandmother-in-law who gave birth to his father-in-law or mother-in-law or co-wife of his father-in-law and the latter bears the right to kill his wife's paramour, and if such a woman has a husband belonging to a caste whose male members have the right to kill their wives' paramour, it shall, in accordance with the *Ain*, be her aggrieved husband's decision [whether he kills his wife's paramour]. If she has no husband or her aggrieved husband does not kill his wife's paramour, the culprit shall be fined 20 rupees, because it is a heinous crime (*rājakhata*). If he has committed incest with such a woman as her fourth sexual partner, he shall be fined 15 rupees. If he has committed incest with her as her fifth sexual partner or beyond, he shall be fined 15 rupees if he belongs to a caste whose members have always borne the right to kill their wives' paramours, and they shall be separated from each other, irrespective of the number of other men with whom she had illicit sexual intercourse before. They shall not lose their caste status.

3. If someone belonging to an Enslavable Alcohol-drinking caste commits, as her third [sexual] partner, incest with a woman who has run off with another man without remaining faithful to her husband, and who is the daughter, paternal aunt, grandmother, sister, granddaughter or great granddaughter of one or more of the male members of his family (*dājyūbhāi*) within his blood relations, [such as], paternal uncles, grandfathers, sons or nephews sharing with him a common ancestor from 4 generations up to 7 generations back, and if such a woman has a husband belonging to a caste whose members have always borne the right to kill their wives' paramours, it shall, in accordance with the *Ain*, be her aggrieved husband's decision [whether he kills his wife's paramour]. If such a woman has no husband or her husband does not kill his wife's paramour, or if such an aggrieved husband belongs to a caste whose members have not always borne the right to kill their wives' paramours, such [an incestuous man] shall be fined 15 rupees, because it is a *rājakhata*. If he has, as her fourth sexual partner, committed incest with such a woman, he shall be fined 10 rupees. If he has committed incest as her fifth sexual partner or beyond, he shall be fined 10 rupees and they shall be separated from each other, irrespective of whatever numbers of other men with whom she had illicit sexual intercourse before him. If he has sexual intercourse with such a woman, who shares with him a common ancestor more than 7 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

4. If someone belonging to an Enslavable Alcohol-drinking caste commits, as her third [sexual] partner, incest with [a] a woman who has run off with another man without remaining faithful to her husband and who is the wife of one of the male members of his family—[such as] parental uncles, grandfathers, brothers, nephews, sons or grandsons sharing with him a common ancestor up to 7 generations back—and this wife has been brought [into the household] by ritual marriage or by worshipping the lamp (*diyo*) and the water vessel (*kalaśa*) [only], or she has been taken as a wife by a [family member as her] paramour, or who, being an unmarried or widowed woman, was taken as a concubine; [b] or with a maternal aunt, the wife of his mother's brother, or [c] with the wife of his nephew and if such a woman has a husband bearing the right to kill his wife's paramour, it shall be her aggrieved husband's decision [whether he kills his wife's paramour or not]. If such a woman has no husband or her husband does not kill his wife's paramour, such [an incestuous man] shall be fined 15 rupees, because it is a *rājakhata* crime. If he has committed incest with such a woman as her fourth [sexual] partner, he shall be fined 10 rupees. If he has committed incest with her as her fifth sexual partner or beyond, he shall be fined 5 rupees and they shall be separated from each other, irrespective of whatever numbers of other men with whom she had illicit sexual intercourse before him. If he has sexual intercourse with such a woman, who shares with him a common ancestor more than 7 generations back, and who has run off with another man without remaining faithful to her husband, he shall not be held accountable for committing a *rājakhata*.

5. If someone belonging to a Sacred Thread-wearing, Non-enslavable Alcohol-drinking, Enslavable Alcohol-drinking, Water-unacceptable but Touchable or an Untouchable caste, excluding Limbu and Kirāti castes, commits incest with his co-mother who has entered into marriage with his father, or who has been taken by his father as a paramour, or who, being an unmarried or widowed woman, was taken as a concubine by his father, and if his father bears the right to kill his wife's paramour, and if the culprit committed incest with such a woman while being unaware that she had committed adultery with somebody else [before], his share of property shall, in accordance with the *Ain*, be confiscated, and [such an incestuous] man and woman shall be separated from each other. Cooked rice from the hands of such [a culprit] shall not be acceptable. Water may be accepted; he shall be granted expiation with respect to water only. If such [a culprit] again commits incest [with his co-mother] after they have been separated, he shall be fined 10 rupees for each time he commits incest with her and they shall be [again] separated from each other.

Article 129: *kamārī svāsnī rākhanyā* (On Keeping Slave Women as Wives)

Edition:

१. तागाधारि जार हांन््यया जातका कंन््यया कमारि स््ववास्नी तुल््ययाइ घर््ममा जाहेर गरि राष््ययाको पारस््ममेत् गरि दियाको रहेछ भन््यया जाया जन््म भयाको हवोस् नभयाको हवस् तापनि तेस््तता स््ववास्निमा साक्षात् छोरा भतिजाका<sup>261</sup> दाज््ययू भाइहरू पर्या भन््यया पनि अरू कसैले कर््णणि गर्यो भन््यया जार काटन हुदैन । जनै झिकि अैन वमोजिं अंस सर््वस््व गरि लिंछ तापनि तेसै छाडछ तापनि साधुको षुस । कमारि स््ववास्नी राष््ययाको रहेछ पार गरि दियाको छैन कमार््तन् गर्दै रहिछ भन््यया तेस््ततामा ३ पुस््ततासम््मका पर्या पनि षतवात लाग््ददैन ।

२. आफ््नना घर््ककि कंन््यया कमारि आफै ले राषि जाया जन््म भयाको रहेछ भन््यया त््ययो कमारि वेचन हुदैन । कसैले वेच््ययो भन््यया किंन््ययाको थैलि वेचन््ययावाट भराइदिनु त््ययो कमारि आफु सुषि हुछे । वेच ुं न््ययालाइ विगा वमोजिं दंड गर््ननु । रुपैया नतिर्या अैन वमोजिं कै द गर््ननु ।

३. आफ््नना घर््ककि कंन््यया कमारि आफु ले स््ववास्नी तुल््ययाइ राष््ययाको रहेछ पार गरि दियाको रहेनछ भन््यया तेस््तता स््ववास्नी अर््ककासित पोइल गै भन््यया वेचि रुपैया लिन पाउदैन । त््ययो कमारि स््ववास्नी आफु सुषि हुछे । जस ुं सित पोइल जांछे लैजान््ययावाट ३०० रुपैया भराइ लिन पाउछ । दसौद लि अदालत अमालवाट भराइदिनु । एस््तता स््ववास्नीतिर आफु वाट जन््म्ययाका छोरा छोरि वेचन हुदैन । वेचेछ भन््यया किंन््ययाको थैलि कपालि गराइदि वेचन््ययालाइ विगा वमोजिं दंड गर््ननु । किंन््ययाले फलानाका छोरा छोरी हु भुं नि जानि जानि किन््ययाको रहेछ भन््यया थैलि लिलाम गरि लिनु ।

४. अर््ककासित विग्र्याकि आफ््ननि कमारि स््ववास्नी राष््ययाकि छ जाया जन््म पनि भयाको छ त््ययो कमारि अन््त पोइल गै भन््यया वेस््यया हुछे । वे ुं चि रुपैया लिन पाउदैन । त््ययो कमारि आफु सुषि हुछे । जस ुं सित पोइल जांछे लैजान््ययावाट २०० रुपैया भराइ लिन पाउछ । दसौद लि अदालत् ठाना अमालवाट भराइदिनू । एस््तता स््ववास्नीतिर आफु वाट जन््म्ययाका छोरा छोरि वेचन हुदैन । वेच््ययाको रहेछ भन््यया किंन््ययाको थैलि कपालि गराइदि वेचन््ययालाइ विगा वमोजिं दंड गर््ननु । किंन््ययाले फलानाको छोरो हो भनि जानि जानि किन््ययाको रहेछ भन््यया थैलि लिलां गरि लिनु ।

५. आफ््नना घरकि कंन््यया कमारि आफै ले स््ववास्नी तुल््ययाइ राष््ययाको छ जाया जन््म पनि भयाको छैन भन््यया तेस््तता कमारि स््ववास्नी अरू कसैसित विग्र्या भन््यया त््ययो कमारि आफ््ननै घरमा राषछ तापनि अरूलाइ वेचछ तापनि षसम््कको षुस् ।

६. अघिवाट अर््ककासित विग्या र्कि आफ््ननि कमारि आफै ले स््ववास्नी तुल््ययाइ राष््ययाकि छ तेसवाट आफ््ननु जाया जन््म भयाको छैन भन््यया तेस््तता कमारिलाइ वेच््यया उठायाको सदर

हुछ । एस् ुं ्तता कमारिमा वावु छोरा दाज््ययू भाइ मर्या भन््यया पनि षत्वात् लाग््ददैन । ७. वेस््यया कमारि छ षसम् पनि कर््णणि गर््छ अरूलाइ पनि कर््णणि गराउछे भन््यया तेस््तता कमारिवाट जन््म्ययाका संतान् कमारा कमारि नै हुछन् । कमार ुं िले फलानाका छोरा छोरि भन््ययाको सदर हुदैन ।

८. आफ््नना कमारि षसमसित वस््ययापछि अर््ककासित पोइल गयाकि रहिनछ भन््यया तेसवाट षसम्का विर््यले जन््म्ययाका सन््ततान् जोसुकै भया पनि कमारा कमारि ठहर्दैनन् । सुक्रि विक्रि गर््न हुदैन । कसैले कमारा कमारि भनि वेच््ययो भन््यया किंन््ययाको थैलि वेचन््ययावाट तिर््न सकन््यया रहेछ भन््यया धन् तिराइदिनु । तिर््न नसक््यया कपालि तमसुक गराइदिनु । ति कमारिवाट जन््म्ययाका संतान् अकरिया हुछ । वेच ुं न््यया वावु दाज््ययू भाइ छोरालाइ वेच््ययाका थैलि वमोजिम् दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम् कै द गर््ननु । अैन वमोजिम््कको अंसस््ममेत् दिलाइदिनु ।

९. कसैले ११ वर््ष माथिका वेस््यया कमारि स््ववास्नीलाइ मनोमान गराइ<sup>262</sup> जमात वाधि हुल् उठि वलजफसग कर््णणिलियो भन््यया ३० रुपैया दंड गर््ननु रुपैया नतिर्या कै द गर््ननु । १०. साहुका कर््जजा वावत् साहुकै घरमा वस््ययाकि वाधा पस्न्या जातका छोरिलाइ कसैले कर््जजातिरि निषनि स््ववास्नि तुल््ययाइ घरमा राष््ययापछि त््ययो वध््ययेत््ययानि अर््कका लोग््न्ययासग गै भन््यया थैलि तिरि निषनि ल््ययाइ स््ववास्नी तुल््ययाउन््ययाको थैलि तेसैलाइ जसले विगार्यो उसैवाट भराइदिनु । उसलाइ पनि छोडि अरूसित गै भन््यया त््ययो स््ववास्नी वेस््यया ठहर्छे । थैलि पाउदैन ।

११. आफु ले वाधा लियाकि वधेत््ययानि वाधा नवस््ततैमा हवस् वा आफु ले वाधा लियापछि हवस् आफु भन््ददा अघिवाट २ जना पोइ भयाका रह्याछन् । तेस््ततैमा वाधाका धनिले आफु तेश्रो लिंग परि कर््णणि गरेछ भन््यया धनिले कर््णणि गर्यो भने थैलि भूस हुदैन । आफ््ननु परल थैलि लिन पाउछ ।

१२. कन््यया र आफ््नना षसम््कका सत््यमा रह्याका सधवा विधवा वधेत््ययानिको धनिले कर््णणि गरेछ भन््यया एस््तता वधेत््ययानि आफु ले स््ववास्नि तुल््ययायापछि धनिले थैलि लिन पाउदैन । थैलि भुस गराइ वधेत््ययानिवाट दसौद लि तमसुक फराइ अम्लेष गराइ छुटाइदिनु ।

246 — III. Editions and Translations of Selected Articles from the Ain of 1854

#### Translation:

1. If [a master]—belonging to a Sacred Thread-wearing caste having the right to kill their wives' paramours—keeps an unmarried slave girl as a wife, and if he has informed [his household] about it at his house, and if he has emancipated her, and if his direct son, nephew, uncle, brother or any other person has illicit sexual intercourse with her, [the aggrieved husband ]—irrespective of whether any offspring has been born to her by him or not—shall not be permitted to kill his wife's paramour. The aggrieved husband of such a slave woman shall be allowed, at his own will, [to decide] whether he, in accordance with the *Ain*, removes [the paramour's] sacred thread and confiscates his share of property, or he lets [the culprit] go. If [the master] has kept the slave woman as a wife and has not emancipated her, and if she has still been doing the tasks assigned to her [as a slave], [the culprit] shall not be held accountable, even if he is [a blood relative of her master traceable back to] within the 3rd generation.

2. If [a master] has kept an unmarried slave girl of his own household [as a wife], and if he has had offspring born [to her], he shall not be permitted to sell the slave. If he sells, the seller shall be made to return the original amount to the buyer. The slave becomes a freed person. The seller shall be fined according to the amount in question. If the amount of the fine is not paid, he shall, in accordance with the *Ain,* be imprisoned.

3. If [a master] has kept an unmarried slave girl of his own house as a wife, and if he has not emancipated her, and if such a wife runs off with another man, [the master] shall not be permitted to sell her. The slave becomes a freed person. [The master] shall be allowed to take compensation of 300 rupees from the person with whom she has run off. An *adālata* or *amāla* office shall charge 10 percent [of the total amount as a court fee] and shall hand [the remaining amount] over to [the master]. The master shall not sell his offspring born to such wife and receive money [for it]. If he has sold [any], the seller shall be made to issue a loan agreement without security (*kapālī tamasuka*) to the buyer for the paid price. The seller shall be fined in accordance with the amount in question paid. If the buyer knows that [the child] is the son or daughter of such and such a person and buys him or her, the amount paid by him shall be confiscated.

4. If [a master] has kept a slave girl as a wife who has [previously] had illicit sexual intercourse with someone else, and if the former has offspring born to her, and if such a slave woman runs off with another man, she shall be [considered] a common woman. [The master] shall not be permitted to sell her and receive money. The slave woman becomes a freed person. [The master] shall be allowed to take compensation of 200 rupees from the person with whom she has run off. An *adālata* or *amāla* office shall charge 10 percent [of the total amount as a court fee] and shall hand [the remaining amount] over to [the master]. The master shall not sell his offspring born to such a wife. If he sells any, the seller shall be made to issue a loan agreement without security (*kapālī tamasuka*) to the buyer for the paid price. The seller shall be fined in accordance with the amount in question paid. If the buyer knows that [the child] is the son or daughter of such and such a person and buys him or her, the amount paid by him shall be confiscated.

5. If [a master] has kept an unmarried slave girl of his own house as a wife, and if he has not emancipated her, and if no offspring has been born to her, and if such a slave woman has illicit sexual intercourse with someone else, the master shall be allowed at his own will [to decide] whether he keeps that woman at his house or sells her to someone else.

6. If [a master] has kept a slave woman as a wife who has previously had illicit sexual intercourse with someone else, and if he has no offspring born to her, the sale of such a slave woman shall be considered valid. Even if [the master's] father, son or brother had illicit sexual intercourse with her, [the culprit] shall not be held accountable.

7. If a slave is a common woman, and if her master has sexual intercourse with her and she also has let someone else have illicit sexual intercourse with her, the offspring born to her shall become slaves. If the slave woman claims that the offspring are sons or daughter of such and such [a man], it shall not be considered valid.

8. If a slave woman—after she has started living with her master as his wife—does not run off with another person, the offspring born [to her] from his semen—irrespective of who they are—shall not be considered slaves. They shall not be sold. If someone sells them, stating that they are male or female slaves, the amount paid by the buyer shall be recovered from the seller, if he is able to return the amount. If the seller is not able to return the amount, he shall be made to issue a loan agreement without security. The offspring born to such a female slave shall become freed persons. If [the master's] father, brother or son sells [such offspring], [the seller] shall be fined in accordance with the amount of sale in question. If the amount of the fine is not paid, he shall, in accordance with the *Ain*, be imprisoned, and the offspring shall, in accordance with the *Ain*, be provided with their share of property.

9. If someone assembles a gang and rapes a slave woman without out her consent, who is past the age of 11 and who is a common woman, he shall be fined 30 rupees. If the amount of the fine is not paid, he shall be imprisoned.

10. If a woman who belongs to a caste whose members may be made bondservants has been living at her creditor's house as a bondservant for debt, and if a person repays her debt and keeps her as wife at his house, and if such a bondservant runs off afterwards with a third person, the amount which the [first] person paid to repay her debt and kept her as a wife shall be compensated by the [third] person with whom she has illicit sexual intercourse. If she also leaves the [third] person and runs off with someone else, such a woman shall be considered a common woman and [the man who cleared her debt]<sup>263</sup> shall not get back the amount he paid for her.

11. If [a creditor] has taken a woman as a bondservant, and if she has already had two husbands before or after becoming his bondservant, and if her creditor, as her third sexual partner, has sexual intercourse with her, his credit shall not be nullified. He shall be permitted to recover his standing credit.

12. If a creditor has sexual intercourse with a female bondservant who is either an unmarried girl, a married woman who has remained faithful to her husband, or a widow—the creditor shall not be permitted to recover his credit after keeping such a female bondservant as his wife. His credit shall be nullified. Ten percent of [the total credit] shall be taken from that female bondservant [as a court fee] and she shall be freed (*amalekha*), after the loan agreement has been torn apart.

<sup>263</sup> It is not entirely clear whether it is the man who initially cleared the bondservant's debt or the second man, with whom she ran off, who is not entitled to receive the paid amount back.

#### Article 139: *māsinyā jātako jāri garnyā*  (Adultery Committed with a Woman from an Enslavable Caste)

Edition:

१. जार हांन््यया मासिन््यया मतवालि जातले आफ््नना हाडनाता वाहेक अरू मासिन््ययै जातको जारि गर्यो र साधुले विहा षर््च षाइ हवस वा टागमनि छीराइ हवस उसै छाड्यो भन््यया जारीका षतमा साधुले छाड्यापछि राजषत लाग््ददैन । ज््ययू पनि मासिदैन । २. तागाधारि जात र मतवालि नमासिन््यया जात गैह्रले मासिन््यया पर््जजा जातका सधवा स््ववास्निको करणि गर्यो भन््यया लोग््न्ययालाइ जार हांन््यया जात वाहेक २० रुपैया विहा षर््च भराइ २० रुपैया दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम कै द गर््ननु । जार हांन््यया जातका विहा षर््चलिन र अैन वमोजिम् जार हांन साधुको षुसि ।

३. मासिन््यया जातले मासिन््यया जात गैह्र कसैको जारि गर्यामा साधुले जार काटि ज््ययान् मार्यो भन््यया त््ययो स््ववास्नि मासिन््छछे । अदालत ठाना अमालवाट लिनु । साधुले जार हान््ययापछि घा लागि जारि गर््न्ययाको ज््ययू वाच््ययो भन््यया स््ववास्नि मासिंन । जारि गर्न्यैले विहोर््न पाउछ । साधुको चोट् षपि ल््ययायाका एस््तता स््ववास्नि अर््ककाले लैगयो भन््यया जार हांन््यया जातले जार हान्न पाउछ । जार नहांन््यया जातलाइ २० रुपैया दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम कै द गर््ननु । विहा षर््च पाउदैन । स््ववास्नि तेसैसित वस््छछे भन््यया पनि वस््ततिन भन््यया पनि उसैको षुसि । पछि लैजान््यया लोग््न्ययाको कर लाग््ददैन । ४. पार्या घर््ततिले भोटे चेपाङ दह् मा रै झि हायु दनवार कु माल पहरि गैह्र मासिन््यया जातका सधवाको करणि गर्यो भन््यया तेस घर््ततिवाट साधुलाइ २० रुपैया विहा षर््च भराइ २० रुपैया दंड गर््ननु । ज््ययू मासिदैन । त््ययो स््ववास्नि तेसैसित वस््छछे भन््यया विहा षर््च

र दंड तिरि राषन पाउछ । स््ववास्निले वस््ततिन भन््यया षुसि उसैको हुछ । लोग् ुं ्न्ययाको कर लाग््ददैन ।

५. पार्या घर््ततिका आफ््नना जातको रित गरि ल््ययायाका सधवा स््ववास्निको कसैले करणि गर्यो भन््यया लोग््न्ययाले स््ववास्नि लैगयो स््ववास्नी लैगयापछि विहा षर््च पाउदैन । २० रुपैया दंड मात्रै गर््ननु । साधुले स््ववास्नि लैगयेन भन््यया ३० रुपैया विहा षर््च भराइ २० रुपैया दंड गर््ननु । आफ््नना जातको रित नपुर्याइ ल््ययायाका ताला कुचि सौपि राष््ययाका स््ववास्निको करणि गरेछ भन््यया १० रुपैया दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम् कै द

गर््ननु । तेससित वस्नु अर््ककासित जानु स््ववास्निको षुसि । लोग््न्ययाको कर लाग््ददैन । ६. पार्या घर््ततिको कसैले जारि गरि लैगयामा पार भयाका ३ पुस््ततासम््मका घर््ततिले जार काट्यो भन््यया ज््ययान््कको वदला ज््ययान् जान््छ । पार भयाका ४ पुस््तता र ५ पुस््तताकाले जार काट्यो भन््यया अैन वमोजिम्को अंस सर््वस््व गरि दामल गर््ननु । पार भयाका ६ पुस््ततादेषि माथिकाले जार काट्यो भन््यया मासिदिनु ।

७. मासिन््यया आठ वाह्र लिन््यया चाक चकु इ पर््न्ययाविहा षर््चलिन््यया जार पनि हांन््यया जातहरूका लोग््न्यया स््ववास्निलाइ कसैले मासिन््यया षतको कु रा पोल््ययो र पुर््पक्ष गर््ददा पोल््ययाको ठहर्यो भन््यया पोलन््ययालाइ १ वर््ष कै द गर््ननु । म््ययादका रुपैया तिर््छ भन््यया अैन वमोजिम लि छाडिदिनु ।

250 — III. Editions and Translations of Selected Articles from the Ain of 1854

८. जार नहांन््यया मासिन््यया मतवालि जातका विवाहिता स््ववास्निलाइ कसैले फलानासित पोइल गै भनि पोल््ययो र पुर््पक्ष गर््ददा पोल््ययाको ठहर्यो भन््यया पोलन््ययालाइ १५ रुपैया दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम कै द गर््ननु ।

९. मासीन््यया जात गैह्रले आफु ले मासिन््यया षतवात गरि मासियो । नमासिदैमा विह्या 264 गर्याकि स््ववास्नि अन््त पोइल गै भन््यया मासियाका मानिसले जार हांन हुदैन । हान््ययो भन््यया ज््ययानको वदला ज््ययान् लिनु ।

१०. पानी नचल््न्यया र छोइ छिटो हालनु पर््न्यया जातमा जार हांन््यया जातले पानी नचल््न्यया जातको जारि गर्यो र साधुले जार हान््ययो भन््यया स््ववास्नि चकु इ पर्छे । मासिदिनु । जार हान््ददीन विहा षर््चलिंछु भनि अदालत ठाना अमाल््ममा भंन आयो भन््यया ३० रुपैया विहा षर््च भराइ १५ रुपैया दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम कै द गर््ननु । विहा षर््चलियापछि स््ववास्नि मासिन्न ।

११. मासीन््ययै मासिन््यया जातमा एका जातका सधवा स््ववास्निलाइ अरू जात कसैले जारि गरि लैगयो भन््यया उस््कका लोग््न्ययालाइ २० रुपैया भराइ लोग््न्ययालाइ १२ स््ववास्निलाइ ८ रुपैया दंड गर््ननु । ११ वर््षदेषि उभोकि कंन््यया विधवाको कसैले करणि गर्यो । यो हाम्रा भात नचलन््यया हो भातमा पारि दियो भनि कोहि कराउन आयो भन््यया ५ रुपैया दंड गर््ननु । रुपैया नतिर्या अैन वमोजिम कै द गर््ननु ।

१२. मासीन््यया जातका अैनले जार हांन हुन््ययास््मका सधवा स््ववास्निको तागाधारि जात र नमासिन््यया मतवालि जातले करणि गरेछ र साधुले जार काट््छछु भन््यया अघि उस््कका पिता पुर््षषादेषि जार हानि आयाका जातले अैन वमोजिम् जार काटन हुन््छ । षत लाग््ददैन । जार नहानि आयाका जातले काट््न पाउदैन । काट्यो भन््यया ज््ययान््कको वदला ज््ययान काटि मारिदिनु । तल््लला जातसित गयाकि हवस् उपल््लला जातसित गयाकि हवस जार काटियापछि करणि गराउन््यया स््ववास्निलाइ मासिदिनु ।

१३. पानी नचलन््यया र छोइ छिटो हाल््ननु पर््न्यया जातका अैनले जार हांन हुन््ययासम््मका स््ववास्निको तागाधारि जात नमासिन््यया मतवालि जात मासिन््यया पानि चल््न्यया जात गैह्र कसैले करणि गरेछ भन््यया अैन वमोजिम सजाय हुन््छ । साधुले जार काटन पाउदैन । कसैले काटेछ भन््यया ज््ययान््कको वदला ज््ययान् काटि मारिदिनु ।

Translation:

1. If someone from an Enslavable caste who bears the right to kill his wife's paramour, commits adultery with a [married] woman from an Enslavable caste who is not his blood relative, and if the aggrieved husband of that woman has let her paramour off [without killing him] after taking the marriage expenses from him or after [insulting him] by forcing him to crawl between [the aggrieved husband's] legs, her paramour, after he has been let off by the aggrieved husband, shall neither be held accountable for committing a heinous crime (*rājakhata*), nor shall he be enslaved.

264 Read: *bihā*.

2. If someone from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste commits adultery with a married woman of an Enslavable Parjā caste, such a person—if he belongs to a caste of which the members may not be killed by an aggrieved husband—shall be made to pay [the aggrieved husband] 20 rupees for the marriage expenses, and shall be fined 20 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. If he belongs to a caste the members of which may be killed by an aggrieved husband, it shall be at the pleasure of that aggrieved husband as to whether he takes the marriage expenses from her paramour or kills him.

3. If someone from an Enslavable caste commits adultery with the wife of a person who also belongs to an Enslavable caste, and the aggrieved husband kills her paramour, such a woman shall be enslaved. The *adālata*, *ṭhānā* or *amāla* office shall take her into possession. If her paramour survives the attempt at killing by the aggrieved husband with injuries, the woman shall not be enslaved. Her paramour, who committed adultery with her, shall be permitted to take her away. If someone else takes such a wife away, who has been brought [into the household by her paramour] bearing the injury given [by the first aggrieved husband], he, if he belongs to a caste [whose members] bear the right to kill their wives' paramours, shall be permitted to kill his wife's [second] paramour. If her [second] paramour belongs to a caste the members of which may not be killed by an aggrieved husband, he shall be fined 20 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. The aggrieved husband does not receive the marriage expenses. It shall be at the pleasure of that woman as to whether she lives together with him or not. She shall not be forced to do so by her second aggrieved husband.

4. If a Pāre Ghartī man commits adultery with a woman from any of the Bhoṭe, Cepāṅga, Darai, Mājhī, Hāyu, Danuvāra, Kumāla or Paharī castes, [whose members] may be enslaved, he shall be fined 20 rupees and be made to pay 20 rupees as compensation for the aggrieved husband's marriage expenses. He shall not be enslaved. If such a woman wants to live together with her adulterer, he shall be permitted to keep her after paying the aggrieved husband for the marriage expenses and paying a fine. If such a woman declares that she does not want to live together with her adulterer, it shall be at her pleasure to decide. She shall not be obliged to do so by her adulterer.

#### 252 — III. Editions and Translations of Selected Articles from the Ain of 1854

5. If someone commits adultery with a Pāre Ghartī man's wife, and this wife has been brought [into the household by the latter] performing his caste's customs, and if the aggrieved husband takes such a woman [back], he does not receive the marriage expenses from the adulterer. The adulterer shall only be fined 20 rupees. If the aggrieved husband does not take such a wife back, the adulterer shall be fined 20 rupees and he shall be made to pay 30 rupees to the aggrieved husband as compensation for his marriage expenses. If such [an offender] commits adultery with such a wife who has been brought [by her husband into his household] without performing his caste's customs, but she has been kept [by him at the household as a wife,] handing the key and sweeping-brush of the household over to her, [her adulterer] shall be fined 10 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. It shall be at the pleasure of that woman as to whether she lives together with her adulterer or she runs off with someone else. She shall not be obliged [to stay with him].

6. If someone commits adultery [with the wife] of a Pāre Ghartī man and takes her away, and if [the aggrieved Pāre Ghartī], belonging to the 3rd generation after [his forefathers'] emancipation, kills his wife's adulterer, he shall be executed—taking life for life. If [an aggrieved Pāre Ghartī] who belongs to the 4th or 5th generation after emancipation kills his wife's adulterer, he shall be punished by *dāmala*, after his share of property has been confiscated, which is his according to the *Ain*. If [the aggrieved Pāre Ghartī] belongs to the 6th generation or more after emancipation and kills his wife's adulterer, he shall be enslaved.

7. If someone accuses a man or woman of committing the crime [of illicit sexual intercourse] which results in the enslavement [of the accused person], who belongs to a caste whose members may be [punished by] enslavement, whose members may take [compensation] of 8 or 12 [*ānās*] [from the wife's paramour], and may be declared as *cāka*  or *cakuī*, who may take marriage expenses [from their wives' paramours] or [else] may bear the right to kill their wives' paramours, and if it is ascertained upon the trial that the accuser made [a false] accusation, he shall be imprisoned for 1 year. If he pays the amount of the fine [set in lieu of the prison term], it shall, in accordance with the *Ain*, be accepted and he shall be set free.

8. If someone accuses a married woman, the wife of a person belonging to an Enslavable caste whose members do not bear the right to kill their wives' adulterers, of having run off with such and such a man, and if it is ascertained upon the trial that the accuser made [a false] accusation, he shall be fined 15 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

9. If someone who belongs to any of the Enslavable castes commits a crime which results in enslavement and is thereby enslaved, and if his wife, with whom he was married before his enslavement, runs off with another man, the aggrieved husband who is enslaved shall not be permitted to kill her adulterer. If he does so, he shall be executed—taking life for life.

10. Amongst the persons from the Water-unacceptable [but Touchable] and Untouchable castes, if a person who bears the right to kill his wife's adulterer commits adultery with a married woman from a Water-unacceptable [but Touchable] caste, and if the aggrieved husband kills her adulterer, the wife becomes a *cakuī*, and she shall thus be enslaved. If the aggrieved husband comes to an *adālata*, *ṭhānā* or *amāla* and states that he will not kill her adulterer, but takes the marriage expenses from him, the adulterer shall be made to pay 30 rupees to the aggrieved husband for the marriage expenses and shall be fined 15 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned. Such a woman shall not be enslaved after the aggrieved husband has taken marriage expenses [from her adulterer].

11. Amongst the persons from the Enslavable castes, if a married woman of one caste is taken away by a person of another caste after he has committed adultery with her, [the adulterer] shall be made to pay 20 rupees to her [aggrieved] husband. That woman and her adulterer shall be fined 12 and 8 rupees [each]. If someone [from among the Enslavable castes] comes to complain that "such and such a person [from among the Enslavable castes] has had sexual intercourse with such and such an unmarried girl or widowed woman from among us. Cooked rice [touched by him] is unacceptable [for us]. He contaminated [our unmarried girl or widowed woman] through cooked rice", [the offender] shall be fined 5 rupees. If he does not pay the amount of the fine, he shall, in accordance with the *Ain*, be imprisoned.

12. If someone from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste commits adultery with a married woman from an Enslavable caste whose status allows her husband to kill her adulterer according to the *Ain*, and if the aggrieved husband wants to kill her adulterer, he—whose father and forefathers have always had the customary right to kill their wives' adulterers—shall, in accordance with the *Ain*, be permitted to kill his wife's adulterer. He shall not accrue blame [by doing so]. That person whose [father and forefathers] were never allowed to kill their wives' adulterers, shall not be allowed to kill his wife's adulterer. If he does so, he shall be executed—taking life for life. That woman who has sexual intercourse with her adulterer, irrespective of whether it is sexual intercourse with a person of a caste inferior or superior to her own, shall be enslaved after her aggrieved husband kills her adulterer.

13. If someone from any of the Sacred Thread-wearing or Non-enslavable Alcohol-drinking castes or the Enslavable castes from whose members water is acceptable, has sexual intercourse with a married woman from a Water-unacceptable [but Touchable] caste or Untouchable caste, he shall, in accordance with the *Ain*, be punished, but the aggrieved husband shall not be permitted to kill his wife's adulterer. If someone does so, he shall be executed—taking life for life.

Article 145: *misāṣatko*  (On Illicit Sexual Relations [among Newars])

Edition:

१. षतवातमा अघिदेषि मासिआयाका नेवार जात गैह्रमा पानि चलन््यया सम््मका नेवार जातले मासिन््यया षत गर्यामा इन््हहेरुलाइ नमासिन््यया नेवार जातका सरह सजाय गर््ननु । अव उप्रान््त ज््ययू नमासनु । कसैले मास््ययो भन््यया अजापुत्र मासन््ययालाइ लेष््ययाका ऐन वमोजिम दंड सजाय गर््ननु । पानि नचलन््यया नेवार जातलाइ मासिन््यया षतमा मासिंछ ।

Translation:

1. Among the Newar castes whose members have been punished by enslavement for [certain] crimes in the past, if [such caste members] commit a crime punishable by enslavement, they shall be punished like subjects from Non-enslavable Newar castes, if they belong to a Newar caste from whom at least water is acceptable. From now on, they shall not be enslaved. If [anyone] enslaves them, he shall be punished in accordance with the regulations laid down for someone who enslaves a free person (*ajāputra*).265 Subjects who belong to a Water-unacceptable Newar caste shall be enslaved if they commit a crime punishable by enslavement.

265 See Ain-54 § 81.6.

Article 153: *ghaṭi baḍhi jātamā karaṇi garnyā māsinyāko* (Sexual Intercourse with Members of Enslavable Alcoholdrinking Castes)

Edition:

१. मासिन््यया मतवालि जातले उपाध््यया असल जैसि, रजपुत क्षत्रि तागाधारि जातका ११ वर््ष नाघ््ययाका कंन््यया विधवाको राजि षुसिले करणि गरि भातमा वोर्याको रहेनछ भन््यया १॥ वर््ष कै द गरि मासिदिनु । भातमा स््ममेत् वोरेछ भन््यया ३ वर््ष कै द गरि मासिदिनु । म््ययादको डवल दिया लिनु । भोरमा पर््न्ययालाइ पतिया गराइदिनु ।

२. मासिन््यया मतवालि जातले देवभाजु तेह्रौत््यया भट्ट मर््हट्टा नागर गुज्राति माहाराष्ट्र तैलंगि द्राविण मधिस््यया देसि व्राम््हण र विराना राजका अरू गैह्र व्राम््हणका ११ वर््ष नाघ््ययाका कंन््यया विधवाको राजि षुसिले करणि गरि भातमा वोरायाको रहेनछ भन््यया १ वर््ष कै द गरि मासिदिनु । भातमा स््ममेत् वोरेछ भन््यया २ वर््ष कै द गरि मासिदिनु । भोरमा षान््ययालाइ पतिया गराइदिनु ।

३. मासिन््यया मतवाली जातले दशनाम जोगि जंगम संन््ययासि सेवडा वैरागि कानफट्टा नानक उदासि वघर गैह्र भेष धारि र ३ लिंग देषिका जैसि डोट्याल जैसि जुमलि जैसि जात गैह्रका ११ वर््ष नाघ््ययाको कंन््यया विधवाको राजि षुसिले करणि गरि भातमा वोरायाको भया पनि नभया पनि मासिदिनु । भोरमा षान््ययालाइ पतिया गराइदिनु । ४. मासिन््यया मतवालि जातले नमासिन््यया मतवालि जातका ११ वर््ष नाघ््ययाका कंन््यया विधवाको राजि षुसिले करणि गर्या भातमा पार्या पनि नपार्या पनि मासिदिनु । कै द हुदैन । ुं

५. मासिन््यया मतवालि जातले आफु मिल््ददा मासिन््यया मतवाली जातका अैनमा सजाय लेषियाका हाडनाता वाहेकमा र अरू कु टुम््वका ११ वर््ष नाघ््ययाका कन््यया विधवाको राजि षुसिले करणि गरि भातमा वोर्याको रहेनछ भन््यया षतवात लाग््ददैन । भातमा वोर्यो भनि कोहि कराउन आया ५ रुपैया दंड गर््ननु ।

Translation:

1. If an Enslavable Alcohol-drinking caste member has consensual sexual intercourse with an unmarried girl or widow who is past the age of 11 and belongs to an Upādhyāya [Brahmin], Asala Jaisī, a Rajapūta, Kṣatriya or any other Sacred Thread-wearing caste, and if he has not contaminated [any of her fellow caste members] through cooked rice, he shall be imprisoned for 1½ years and then be enslaved. If he has contaminated [any of her fellow caste members] through cooked rice, he shall be imprisoned for 3 years and then be enslaved. If he pays double the fine in lieu of his prison term, it shall be accepted. Anyone who is accidentally [contaminated] shall be granted expiation.

#### 256 — III. Editions and Translations of Selected Articles from the Ain of 1854

2. If an Enslavable Alcohol-drinking caste member has consensual sexual intercourse with an unmarried girl or widow who is past the age of 11 and belongs to the Devabhājus, Tehraũte, Bhaṭṭa, Marahaṭṭā, Nāgara, Gujarātī, Mahārāṣṭra, Tailaṅgī, Draviḍa, Madhise, Deśī Brahmins or to any other Brahmin caste from foreign kingdoms, and if he has not contaminated [any of her fellow caste members] through cooked rice, he shall be imprisoned for 1 year and then be enslaved. If he has contaminated [any of her fellow caste members] through cooked rice, he shall be imprisoned for 2 years and then be enslaved. Anyone who has accidently eaten cooked rice [from his hands] shall be granted expiation.

3. If an Enslavable Alcohol-drinking caste member has consensual sexual intercourse with an unmarried girl or widow who is past the age of 11 and belongs to an [ascetic group such as] Daśanāmī, Jogī, Jaṅgama, Sannyāsī, Sebaḍā, Vairāgī, Kanaphaṭṭā, Nānaka, Udāsī, Baghara or the like, who has put on the robe, or a Tīna-Liṅga-Jaisī, Doṭyāla or Jumlī Jaisī or the like, he shall, irrespective of whether or not he has contaminated [any of her fellow caste members] through cooked rice, be enslaved. Anyone who has accidentally eaten cooked rice [from his hands] shall be granted expiation.

4. If an Enslavable Alcohol-drinking caste member has illicit consensual sexual intercourse with an unmarried girl or widow who is past the age of 11 and belongs to a Non-enslavable Alcohol-drinking caste, he shall, irrespective of whether or not he has contaminated [any of her fellow caste members] through cooked rice, be enslaved. He shall not be imprisoned.

5. If an Enslavable Alcohol-drinking caste member has consensual sexual intercourse with an unmarried girl or widow who is past the age of 11 and belongs to a caste whose status is similar to his, or who is his distant relative, but no blood relative, and for whom punishment is written down in this *Ain*'s [regulations] for Enslavable Alcohol-drinking castes, and if he has not contaminated [any of his fellow caste members] through cooked rice, he shall not be held accountable. If someone comes to complain that he has been contaminated through cooked rice, [the culprit] shall be fined 5 rupees.

Article 161: *kamārāko karaṇi* (On [Illicit Sexual Intercourse with] a Slave)266

Edition:

१. कमाराले आफ््नना षसम््कका स््ववास्नि छोरि वुहारिको करणि गरेछ भन््यया जवरजस््ततिले भया पनि षुसि राजिले भया पनि तेस््तता कमारालाइ काटि मारिदिनु ।

२. कमारा कमारि गैह्रका हाडनातामा करणि सनवंधका कु रा परि आयामा भोट्या प्रजाका सरह वमोजिम्का सजाय निसाफ गर््ननु ।

३. मासिन््यया जातकि छोरि आफु भंदा ठुला जात र आफु मिल््ददा जातसंग करणि गरेको रहेछ । पछिवाट आफु वरावरका जातमा माइतिले रित नषाइ उसै लैगि स््ववास्नि ल््ययायाको रहेछ । त््ययो पर््ज्ययानि कमारासित विग्रि भन््यया मासिन्न । वेस््यया ठहर्छे । पानि चल््न्यया जातसंग<sup>267</sup> भन््यया वेस््यया भयाकि हो ता पनि मासिन््छछे ।

४. मासिन््यया जातकि छोरि आफु भन््ददा ठुला जात र आफु मिल््ददा जातसंग करणि गर्याको रहेछ । पछिवाट आफु वरावरको कु टुम््वले आफ््नना जातको रित गरि विहा गरि लैगि दाल भात आफ््नना जात भाइले षायाको रहेछ भन््यया त््ययो स््ववास्नि कमारासंग र पानि नचलन््यया जातसंग विग्रि भन््यया तेस््तता स््ववास्निलाइ मासिदिनु ।

५. मासिन््यया जातकी कंन््यया विहा नगरि माइत घर वस््ययाकि आफु भंदा पल््लला जात र आफु वरावर जातसित करणि भै पछिवाट कमारासित करणि भयाको रहेछ भन््यया

पर््ज्ययानि पनि मासिन्न । कमारालाइ पनि दंड कै द पर्दैन । त््ययो पर््ज्ययानि वेस््यया ठहर्छे । ६. नमासिन््यया मतवालि जातका विधवा र कंन््ययालाइ मासिन््यया जातले करणि गर्यो भन््यया तेस््ततालाइ मासि आफ््नना अमालिले छिन््ययो भन््यया अमालको हुछ । अमा ुं लिले छिन्न नसकि अदालत ठानामा आयो भन््यया अदालत ठानाको हुन््छ ।

७. मासिन््यया जातकि कंन््यया अरूसंग नविग्रि कमारासित विग्री भन््यया मासिंछे ।

८. कसैका वाधा वधेत््ययानिले मासिन््यया षत गरि मासियो भन््यया जौना अम््वलका वाधा वधेत््ययानि हुन् उसै अम््वलका अमालिले पाउछन् । वाधा वधेत््ययानिका वावु आमा वस््ययाका ठाउका अमालिले पाउदैनन् । वाधा वधेत््ययानिको थैलि साहुको पर सारि मासियाका ज््ययू अमालिले लिनु ।

९. मासिन््यया जातले मासिन््यया षत् गरि मासियो । नमासिंदै अघि विहा गर्याकि उस््ककी स््ववास्नि रहिछ । लोग््न्यया षतवातले मासियो तापनि विहाइतै लोग््न्यया हो म तेसै लोग््न्ययासितै जान््छछु भन््यया जान पाउछे । षतवात लाग््ददैन । तेस स््ववास्निवाट जन््म्ययाका सन््ततान अजापुत्रहरू ठहर््छन् । उससित षुसले वस््छछे भन््यया वस्न पाउछे । षुसि राजिले अर््ककासित पोइल गै भन््यया लैजान््ययालाइ षतवात लाग््ददैन ।

<sup>266</sup> Ain-54 gives only *kamārāko* as title for this Art., whereas it is *kamārāko karaṇi* in Ain-54-JF. Since this Art. deals with sexual offenses of slaves and not with the topic of slavery in general and is situated among other Articles dealing with sexual offences, we take the heading from Ain-54-JF.

<sup>267</sup> Om*.*, read: *bigryā* (Ain-54-JF).

१०. व्राह्मण लगायेत् चार वर््ण छत्तिसै जातका कमाराले र घरमा करिया भै रह्याका षवास््ययाले तागाधारि जात गैह्रका ११ वर््ष मनिका कंन््यया विधवा सधवाको करणि गर््न्यया जवरजस््तति ठहर््छ । सधवाको करणि गर्या अैन वमोजिम् साधुको षुसि । कंन््यया र विधवाको करणि गर््न्यया षवास््यया र कमारालाइ काटि मारिदिनु ।

११. कमाराले र घरमा करिया भै रह्याका षवास््ययाले नमासिन््यया मतवालि जातका ११ वर््ष मनिका कंन््यया विधवा सधवाको करणि गरेछ भन््यया कमाराले करणि गर््ददा स््ववास्निका जात मिल््ददाले विहावरी गर््न्यया रहेनछन् तेस््कका हातको भात षाजा चलन््यया रहेनछ गलंज््यया पनि नहुन््यया रहिछ भन््यया करणि गर््न्यया जवरजस््तति ठहर््छ । सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहान््यया जातका सधवा र कंन््यया विधवाको करणि गरेछ भन््यया तेस््तता षवास््यया र तागाधारि जातका कमारालाइ ६ वर््ष कै द गर््ननु । म््ययादको चौवर दिया रुपैया लिनु । म््ययाद पुग््ययापछि षसमका जिम््ममा गरि छोडिदिनु । नमासिन््यया मतवालि र मासिन््यया जातका कमारालाइ दामल गर््ननु । पानि

नचलन््यया र छोया छिटो हालनु पर््न्यया जातका कमारालाइ काटि मारिदिनु । १२. कमाराले र घरमा करिया भै रह्याका षवास््ययाले नमासिन््यया मतवालि जातका ११ वर््ष मनिका कंन््यया विधवा सधवाको करणि गरेछ भन््यया कमाराले करणि गर््ददा स््ववास्निको प्रायश्चित्त गरि भात षाजामा चलन््यया रहेछ । जाति मिल््ददाले विहावरी गर््न्यया रहेनछन्<sup>268</sup> । गलंज््ययाको प्रायेश्चित्त गरि जातमा आउन््यया रहिछ भन््यया जवरजस््तति ठहर््ननाले सधवाको करणि गर्या जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा र कंन््ययाको करणि गरेछ भन््यया षवास््यया र तागाधारि जातका नमासिन््यया मतवालि जातका कमारालाइ ६ वर््ष कै द गर््ननु । मासिन््यया जातका कमारालाइ १२ वर््ष कै द गर््ननु । पानि नचलन््यया र छोया छिटो हालनु पर््न्यया जातका कमारालाइ काटि मारिदिनु ।

१३. कमाराले र घरमा करिया भै रह्याका षवास््ययाले मासिन््यया पर््जजा जातका ११ वर््ष मनिका कंन््यया सधवा विधवाको करणि गरेछ भन््यया जवरजस््तति ठहर््छ । सधवाको करणि गरेछ भन््यया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा र कंन््यया विधवाको करणि गर््न्यया षवास््यया र तागाधारि जात नमासिन््यया मतवालि जातका कमारालाइ ६ वर््ष कै द गर््ननु । मासिन््यया जातका कमारालाइ ७ वर््ष कै द गर््ननु । पानि नचलन््यया र छोया छिटो हालनु पर््न्यया जातका कमारालाइ दामल गर््ननु । जवरजस््तति हुनाले स््ववास्नि मासिंन ।

१४. कमारा र घरमा करिया भै रह्याका षवास््ययाले पानि नचल््न्यया छोया छिटो हालनु नपर््न्यया जातका ११ वर््ष मनिका सधवा विधवा कंन््ययाको करणि गरेछ भन््यया जवरजस््तति ठहर््छ । सधवाको करणि गरेछ भन््यया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहान््यया जातका सधवा र कंन््ययाको विधवाको करणि गरेछ भन््यया षवास््यया र तागाधारि जात नमासिन््यया जात मासिन््यया जातका कमारालाइ करणि गरि उस््कका हातको भात पानि षाइ आफु मिल््ददालाइ भातमा र अरूलाइ पानिमा वोरेछ भन््यया ७ वर््ष कै द गरि उसै जातको १ अक्षर वाञा गालामा षोदि पानि वाहेक गरि षसम््कका जिम््ममा गरि छाडिदि<sup>269</sup> । करणि गरि आफु ले तेस््कका हातको भात पानि

<sup>268</sup> Read: *rahechan* (Ain-54-JF).

षायाको रहेनछ भन््यया ६ वर््ष कै द गरि म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरिदिनु । पानि चलछ । पतिया दिनु । पानि नचलन््यया जातमा छिटो हालनु नपर््न्यया जातले करणि गरेछ भन््यया ७ वर््ष कै द गर््ननु । छिटो हालन पर््न्यया जातले भया ८ वर््ष कै द गर््ननु । म््ययादको चौवर दिया रुपैया लिनु । म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरि छाडिदिनु । जवरजस््तति हुनाले स््ववास्नि मासिंन ।

१५. कमाराले र घरमा करिया भै रह्याका षवास््ययाले छोया छिटो हालनु पर््न्यया जातका ११ वर््ष मनिका कंन््यया सधवा विधवाको करणि गरेछ भन््यया जवरजस््तति ठहर््छ । करणि गर््न्यया षवास््यया र तागाधारि नमासिन््यया मतवालि जात छोया छिटो हालनु नपर््न्यया जातका कमाराले करणि गरि अरूलाइ पानिमा र आफु मिल््ददालाइ भातमा वोरेछ भन््यया ७ वर््ष भात पानिमा वोरेको नभया ६ वर््ष कै द गरि उसै जातको १ अक्षर वाञा गालामा षोदि पानि वाहेक गरि षसम््कका जिम््ममा गरि छाडिदिनु । छोया छिटो हालनु पर््न्यया जातका कमारालाइ ७ वर््ष कै द गर््ननु । म््ययादको चौवर दिया रुपैया लिनु । नतिर्या कै द गरि म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरि छाडिदिनु । जवरजस््तति हुनाले स््ववास्नि मासिन्न ।

१६. व्राह्मण लगायेत् वार वर््ण छत्तिस जातका कमाराले घरमा करिया भै रह्याका षवास््ययाले तागाधारि जात गैह्रका ११ वर््ष नाघ््ययाका कंन््यया विधवा सधवालाइ लागु षुवाइ वाधि मुष थुनि २।३ जाना मिलि करणि गर्यो वा एति कु रा गरि एकलैले करणि गर्यो भन््यया जवर््जस््तति ठहर््छ । सधवा भया अैन वमोजिम् साधुको षुसि । विधवा र कंन््यया भया करणि गर््न्यया षवास््यया र कमारालाइ दामल गर््ननु ।

१७. कमाराले र घरमा करिया भै रह्याका षवास््ययाले नमासिन््यया मतवालि जातका ११ वर््ष नाघ््ययाका कंन््यया र सधवा विधवालाइ लागु षुवाइ होस् वाधि हवस् मुष थुनि २।३ जना मिलि करणि गर्यो वा एति कु रा गरि यकलैले करणि गर्यो भन््यया जवरजस््तति ठहर््छ । सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । विधवा कंन््यया भया जार नहांन््यया जातका सधवाको करणि गरेछ भन््यया तेस स््ववास्निलाइ षवास््यया र कमाराले करणि गर्यापछि जात मिल््ददाले विहा गर््न्यया रहेनछ तेस््कका हातको भात षाजा चलन््यया रहेनछ गंलज््यया पनि हुन््यया रहिनछ भन््यया त््ययो षवास््यया र तागाधारि जातको कमारा भया ६ वर््ष नमासिन््यया मतवालि जातको कमारो भया ८ वर््ष मासिन््यया जातको भया १२ वर््ष कै द गर््ननु । म््ययादको चौवर दिया रुपैया लिनु ।

पानि नचलन््यया र छोया छिटो हालनु पर््न्यया जातको कमारो भया दामल् गर््ननु । १८. कमाराले र घरमा करिया भै रह्याका षवास््ययाले नमासिन््यया मतवालि जातका ११ वर््ष नाघ््ययाका कंन््यया र सधवा विधवालाइ लागु षुवाइ वाधि मुष थुनि २।३ जना मिलि करणि गर्यो वा एति कु रा एकलैले करणि गरि गर्यो भन््यया जवरजस््तति ठहर््छ । सधवा भया जार काट््न्यया जातको अैन वमोजिम् साधुको षुसि । जार नहान््यया जातका सधवा र विधवा कंन््यया भया तेस स््ववास्निलाइ कमाराले करणि गर्यापछि जात मिल््ददाले विहावारि गर््न्यया रह्याछन् प्रायेश्चित्त गरि भात षाजा चलन््यया रहेछ गलंज््ययाको प्रायेश्चित्त गरि जातमा आउन््यया रहिछ भन््यया षवास््यया र तागाधारि जातको कमारो भया १॥ वर््ष कै द गर््ननु । नमासिन््यया मतवालि जातको कमारो भया २ वर््ष मासिन््यया जातको कमारो भया ३ वर््ष कै द गर््ननु । म््ययादको दवल् दिया लिनु । पानि नचलन््यया र छोया छिटो हालनु पर््न्यया जातको कमारो भया दामल गर््ननु ।

१९. कमाराले र घरमा करिया भै रह्याका षवास््ययाले मासिन््यया जातका ११ वर््ष नाघ््ययाका कंन््यया र विधवा सधवालाइ लागु षुवाइ वाधि मुष थुनि २।३ जाना मिलि करणि गर्या वा एति कु रा गरि एकै ले करणि गर्यो भन््यया जवरजस््तति ठहर््छ । सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा र विधवा कंन््ययाको करणि गर््न्यया षवास््यया र तागाधारि जातको कमारो र नमासिन््यया जातका कमारालाइ ३ वर््ष मासिन््यया जातका कमारालाइ ६ वर््ष कै द गर््ननु । म््ययादको डवल् दिया लिनु । पानि नचलन््यया र छोया छिटो हालनु पर््न्यया जातका कमारालाइ दामल गर््ननु । जवरजस््तति ठहर््ननाले स््ववास्नि मासिन्न ।

२०. कमाराले र घरमा करिया भै रह्याका षवास््ययाले पानि नचल््न्यया जातमा छोया छिटो हालनू नपर््न्यया जातका ११ वर््ष नाघ््ययाका कंन््यया विधवा सधवालाइ लागु षुवाइ वाधि मुष थुनि २।३ जना मिलि करणि गर्यो वा एति कु रा गरि एकै ले करणि गर्यो भन््यया जवरजस््तति ठहर््छ । सधवा भया जार हान््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा विधवा कंन््ययाको करणि गर््न्यया षवास््यया र तागाधारि नमासिन््यया मासिन््यया जातका कमाराले करणि गरि आफु मिल््ददालाइ भातमा र अरूलाइ पानिमा वोरेछ भन््यया ३ वर््ष कै द गरि उसै जातको १ अक्षर वाञा गालामा षोदि पानि वाहेक गरि छाडिदिनु । करणि गरि आफु ले उस््कका हातको भात पानि षायाको रहेनछ भन््यया १ वर््ष कै द गरि म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरिदिनु । पानि चल््छ । पतिया दिनु । छोइ छिटो हालनु नपर््न्यया जातका कमाराले भया ६ वर््ष कै द गर््ननु । छिटो हालनु पर््न्यया जातका कमारालाइ ७ वर््ष कै द गर््ननु । म््ययादको डवल् दिया लिनु । जवरजस््तति ठहर््ननाले स््ववास्नि मासिन्न ।

२१. कमाराले र घरमा करिया भै रह्याका षवास््ययाले भया छिटो हालनु पर््न्यया जातका ११ वर््ष नाघ््ययाका कंन््यया सधवा विधवालाइ लागु षुवाइ वाधि मुष थुनि २।३ जना मिलि करणि गर्यो वा एति कु रा गरि एकै ले करणि गर्यो भन््यया जवरजस््तति ठहर््छ । जार हांन््यया जातका सधवा भया अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा र कंन््यया विधवाको करणि गर््न्यया षवास््यया र तागाधारि नमासिन््यया मासिन््यया छोया छिटो हालनु नपर््न्यया जातका कमाराले करणि गरि आफ््नना जातलाइ भातमा र अरूलाइ पानिमा वोरेछ भन््यया ३ वर््ष भात् पानिमा वोरेको रहेनछ भन््यया १ वर््ष कै द गरि उसै जातको १ अक्षर वाञा गालामा षोदि पानि वाहेक गरि छाडिदिनु । छिटो हालनु पर््न्यया जातका कमारालाइ ६ वर््ष कै द गर््ननु । म््ययादको डवल् दिया लिनु । जवरजस््तति हुनाले स््ववास्नि मासिन्न ।

२२. ब्राह्मण लगायेत् चार वर््ण छत्तिसै जातका कमाराले र घरमा करिया भै रह्याका षवास््ययाले तागाधारि जात गैह्रका ११ वर््ष नाघ््ययाका कंन््यया सधवा विधवा को राजि षुसिले करणि गर्या सधवा भया अैन वमोजिम् साधुको षुसि । विधवाको र कंन््ययाको करणि गर््न्यया षवास््यया र कमारालाइ दामल गर््ननु ।

२३. कमाराले र घरमा करिया भै रह्याका षवास््ययाले नमासिन््यया मतवालि जातका ११ वर््ष नाघ््ययाका सधवा विधवा कंन््ययाको राजि षुसिले करणि गरेछ भन््यया सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा विधवा कंन््ययाको कमाराले करणि गरि स््ववास्निका जात मिल््ददाले विहावरि गर््न्यया रहेनछन् तेस््कका हातको भात षाजा चलन््यया रहेनछ गलंज््यया पनि नहुन््यया रहिछ भन््यया तेस््तता षवास््यया र तागाधारि जातका कमारालाइ ३ वर््ष कै द गर््ननु । म््ययाद पुग््ययापछि

षसका<sup>270</sup> जिम््ममा गरि छाडिदिनु । नमासिन््यया मासिन््यया मतवालि जातका कमारालाइ ६ वर््ष कै द गर््ननु । म््ययादको चौौंवर दिया लिनु । पानि नचलन््यया र छिटो हालनु पर््न्यया जातका कमारालाइ दामल गर््ननु ।

२४. कमाराले र घरमा करिया भै रह्याका षवास््ययाले नमासिन््यया मतवालि जातका ११ वर््ष नाघ््ययाको कंन््यया सधवा विधवाको राजी षुसिले करणि गरेछ भन््यया सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका कंन््यया सधवा विधवाको करणि गरेछ भन््यया इन्ले करणि गरि स््ववास्निका हातको भात षाजा चलन््यया रहेछ जात मिल््ददाले विहावरि गर््न्यया रहेछन् गलंज््ययाको प्रायश्चित्त गरि जातमा आउन््यया रहीछ भन््यया षवास््यया तागाधारि जात र नमासिन््यया मतवालि जातका कमारालाइ ३ वर््ष मासिन््यया जातका कमारालाइ ६ वर््ष कै द गर््ननु । म््ययादको डवल दिया रुपैया लिनु । म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरि छाडिदिनु । पानि नचलन््ययालाइ र छोया छिटो हालनु पर््न्यया जातका कमारालाइ दामल गर््ननु ।

२५. कमाराले र घरमा करिया भै रह्याका षवास््ययाले मासिन््यया जातका ११ वर््ष नाघ््ययाका कंन््यया सधवा विधवाको राजि षुसिले करणि गरेछ भन््यया सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा विधवा कंन््ययाको करणि गरेछ भन््यया तेस््तता षवास््यया तागाधारि जात र नमासिन््यया मतवालि जातका कमारालाइ १ वर््ष कै द गर््ननु । मासिन््यया जातका कमारालाइ ६ वर््ष कै द गर््ननु । म््ययादको डवल् दिया लिनु । पानि नचलन््यया र छिटो हालनु पर््न्यया जातका कमारालाइ दामल गर््ननु । स््ववास्निलाइ मासिदिनु । वेस््यया भयाकि स््ववास्नि रहिछ भन््यया मासिन्न । करणि गर््न्यया षवास््यया र कमारालाइ पनि वात लाग््ददैन ।

२६. कमाराले र घरमा करिया भै रह्याका षवास््ययाले पानि नचलन््यया छोया छिटो हालनु नपर््न्यया जातका ११ वर््ष नाघ््ययाका सधवा विधवा कंन््ययाको राजि षुसिले [करणि गरेछ] । करणि गर््न्यया षवास््यया र तागाधारि जात नमासिन््यया मासिन््यया जातका कमारालाइ करणि गरि आफु ले उस््कका हातको भात पानि षाइ आफु मिल््ददालाइ भातमा र अरूलाइ पानिमा वोरेछ भन््यया १॥ वर््ष कै द गरि उसै जातको १ अक्षर वाञा गालामा षोदि पानि वाहेक गरि षसम््कका जिम््ममा गरि छाडिदिनु । करणि गरि आफु ले उस््कका हातको भात पानि षायाको रहेनछ भन््यया १ वर््ष कै द गर््ननु । म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरि छाडिदिनु । पानि चल््छ । पतिया गराइदिनु । पानि नचलन््यया जातमा छिटो हालनु नपर््न्यया जातले करणि गर्या ४ वर््षछिटो हालनु पर््न्यया जातले भया ६ वर््ष पानिमा पार्या ७ वर््ष कै द गर््ननु । म््ययादको चौवर दिया लिनु । म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरि छाडिदिनु । स््ववास्नि मासिंछे ।

२७. कमाराले र घरमा करिया भै रह्याका षवास््ययाले छिटो हालनु पर््न्यया जातका ११ वर््ष नाघ््ययाका कंन््यया विधवा सधवाको राजि षुसिले करणि गरेछ भन््यया सधवा भया जार हांन््यया जातको अैन वमोजिम् साधुको षुसि । जार नहांन््यया जातका सधवा र विधवा कंन््ययाको करणि गरेछ भन््यया तेस््तता षवास््यया र तागाधारि जात नमासिन््यया मतवालि जात मासिन््यया मतवालि जात पानि नचलन््यया जातका कमाराले करणि गरि आफु मिल््ददालाइ भातमा र अरूलाइ पानिमा वोरेछ भन््यया १॥ वर््ष कै द गर््ननु । भात पानिमा वोर्याको रहेनछ भन््यया १ वर््ष कै द गरि उसै जातका १ अक्षर वाञा

270 Read: *ṣasamakā*.

गालामा षोदि पानि वाहेक गरि षसम््कका जिम््ममा गरि छाडिदिनु । छिटो हालनु पर््न्यया जातका कमाराले करणि गर्या ४ वर््ष कै द गर््ननु । म््ययाद पुग््ययापछि षसम््कका जिम््ममा गरि छाडिदिनु । स््ववास्नि मासिंछे ।

२८. आफ््नना घरका वाधा कमाराले आफ््ननै षसम््कका स््ववास्नि छोरि वुहारिहरूको करणि गरूूं भनि फकाउनाको आसये गरेछ वा फकाउन लायेछ भन््यया २ वर््ष घर वाहेकका अरू षस््ममिनी पर््न्ययाको करणि गरू भनि फकाउनाको आसये गरेछ वा फकाउन लायेछ भन््यया १ वर््ष कै द गर््ननु । म््ययादका रुपैया दिया लि छाडनु ।

२९. कसैले कमारो छदामा मासिन््यया जातकि छोरिको करणि गर्याको रहेछ । जाहेर भयाको रहेनछ । पछि पार भै घर््तति भयापछि उहि करणि जाहेर भयो भन््यया सधवाको करणि गर्याको भया अैन वमोजिम् साधुको षुसि । कंन््यया विधवाको करणि गर्याको रहेछ भन््यया ज््ययू मासिदैन । करणि गरि भात्मा वोरि दियो भनि कराउन आया तेस घर््ततिलाइ २० रुपैया दंड गर््ननु । भातमा वोर्याको रहेनछ भन््यया षतवात लाग््ददैन ।

#### Translation:

1. If a slave has illicit sexual intercourse with his master's daughter or daughter-in-law, such a slave shall be executed—irrespective of whether it was rape or consensual.

2. If any legal dispute arises regarding incest of male or female slaves within their blood relations, the punishment and judgment shall be delivered which are applicable to Bhoṭe Parjā.

3. If an unmarried girl belonging to an Enslavable caste has illicit sexual intercourse with [a man] whose caste status is higher than or similar to her own, and if she, later on, has been taken as wife by [another man] from a caste similar to her own, without the maternal side accepting the customary gifts (*rita khānu*) [from that man], and if such a Parjā woman has illicit sexual intercourse with a slave, she shall not be enslaved. She shall be regarded as a common woman. If the illicit sexual intercourse was with a man belonging to a Water-acceptable caste, she shall be enslaved, even if she is a common woman.

4. If an unmarried girl belonging to an Enslavable caste has illicit sexual intercourse with [a man] whose caste status is higher than or similar to hers, and if she, later on, has been married by [another] man from a caste similar to hers by following the customs of their own caste, and if [the bridegroom's] fellow caste members ( *jāta bhāī* ) have consumed cooked lentils and rice from [their] hands, and if such a woman has illicit sexual intercourse with a slave or a man belonging to a Water-unacceptable caste, she shall be enslaved.

5. If an unmarried girl belonging to an Enslavable caste who has been living at her parental house has illicit sexual intercourse with [a man] whose caste status is higher than or similar to hers, and if, later on, she has illicit sexual intercourse with a slave, she shall neither be enslaved nor shall the slave be fined or imprisoned. She shall be regarded as a common woman.

6. If someone belonging to an Enslavable caste has illicit sexual intercourse with a widow or an unmarried girl belonging to a Non-enslavable caste, such a person shall be enslaved, and he shall become [the property] of the *amāla* office, if the dispute is settled by the *amālī*  official of the respective place. If the *amālī* is unable to settle the dispute, and it is forwarded to an *adālata* or *ṭhānā* office, he shall become the property of the *adālata* or *ṭhānā*.

7. If an unmarried girl belonging to an Enslavable caste has illicit sexual intercourse with a slave and not with someone else, she shall be enslaved.

8. If a male or female bondservant has been enslaved for committing a crime which is punishable by enslavement, the *amālī* of the respective place shall be entitled to take him or her into possession. The *amālī* of the place where the bondservant's parents live shall not be entitled to own the bondservant. The *amālī*, having paid the debt to the creditor, shall take the enslaved bondservant.

9. If someone belonging to an Enslavable caste has been enslaved for committing a crime which is punishable by enslavement, and if he has a wife whom he married with before being enslaved, she shall be permitted to live with him if she declares: "Although my husband is enslaved because of his crime, I will live with him since he is my ritually married husband." She shall not be held accountable. Offspring born to her shall be regarded as free persons. If she prefers to live with him, she shall be permitted to do so. If she, at her own will, runs off with another man, she shall not be held accountable.

10. If a slave from any of the Four Varṇas or Thirty-six castes, including Brahmins or a Khavāsa who has remained a domestic servant (*kariyā*), has illicit sexual intercourse with any unmarried, widowed or married girl below the age of 11 belonging to a Sacred Thread-wearing caste, it shall be considered rape. If it has happened with a married girl, the aggrieved husband shall decide in accordance with the *Ain*  [whether he kills his wife's paramour or not]. The slave or Khavāsa who has illicit sexual intercourse with an unmarried girl or a widow shall be executed.

11. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, widowed or married girl below the age of 11 belonging to a Non-enslavable Alcohol-drinking caste, it shall be considered rape if men equal to her caste will not marry her, if her fellow caste members will not accept cooked rice from her hands, and if she is not pregnant. If she is married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he has illicit sexual intercourse with a married girl whose husband belongs to a caste not bearing the right to kill his wife's paramour or with an unmarried or widowed girl, such a Khavāsa or slave of a Sacred Thread-wearing caste shall be imprisoned for 6 years. If he pays four times the amount of the fine in lieu of his imprisonment, it shall be accepted. He shall be handed over to the custody of his master after the prison term is over. The slave belonging to a Non-enslavable Alcohol-drinking or Enslavable caste shall be punished by *dāmala*. The slave [or Khavāsa] belonging to a Water-unacceptable but Touchable or an Untouchable caste shall be executed.

12. If a slave or a Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, widowed or married girl below the age of 11 belonging to a Non-enslavable Alcohol-drinking caste, it shall be considered rape if the girl may be accepted for cooked rice by her fellow caste members after she undertakes penance, if men equal to her caste may marry her, and if she may regain her caste status after undertaking penance for her pregnancy. If he has illicit sexual intercourse with a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain*. If he has illicit sexual intercourse with a married girl whose husband belongs to a caste not bearing the right to kill his wife's paramour or with an unmarried girl, such a Khavāsa or a slave from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste shall be imprisoned for 6 years. The slave belonging to an Enslavable caste shall be imprisoned for 12 years. The slave or [Khavāsa] belonging to a Water-unacceptable but Touchable or an Untouchable caste shall be executed.

13. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, married or widowed girl below the age of 11 belonging to an Enslavable caste, it shall be considered rape. If he has illicit sexual intercourse with a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he has illicit sexual intercourse with a married girl whose husband belongs to a caste not bearing the right to kill his wife's paramour or with an unmarried or widowed girl, such a Khavāsa or slave from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste shall be imprisoned for 6 years. The slave belonging to an Enslavable caste shall be imprisoned for 7 years. The slave [or Khavāsa] belonging to a Water-unacceptable but Touchable or an Untouchable caste shall be punished by *dāmala*. Since it is a rape, the woman shall not be enslaved.

14. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with a married, widowed or unmarried girl below the age of 11 belonging to a Water-unacceptable but Touchable caste, it shall be considered rape. If he has illicit sexual intercourse with a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he has illicit sexual intercourse with a married girl whose husband belongs to a caste not bearing the right to kill his wife's paramour or with an unmarried or widowed girl, and if he has consumed cooked rice and water from her hands after the illicit sexual intercourse, and if he has contaminated fellow caste members equal to him through cooked rice and others through water, he shall be imprisoned for 7 years, the first letter of the caste [name] of that woman shall be branded on his left cheek, he shall be deprived of his right to drink water together with his fellow caste members, and he shall be handed over to his master's custody. If he has not consumed cooked rice and water from her hands after the illicit sexual intercourse, he shall be imprisoned for 6 years and shall be handed over to his master's custody after his prison term is over. Water may be accepted from his hands, thus he shall be granted water expiation. Among the Water-unacceptable castes, if [a slave] belonging to a Water-unacceptable but Touchable caste has illicit sexual intercourse [with a woman of a caste equal in status to his own], he shall be imprisoned for 7 years. If [a slave] belonging to an Untouchable caste has illicit sexual intercourse [with a woman belonging to a Water-unacceptable but Touchable caste], he shall be imprisoned for 8 years. If four times the amount of the fine is paid in lieu of his imprisonment, it shall be accepted. [Such a culprit] shall be handed over to his master's custody after his prison term is over. Since it is a rape, the woman shall not be enslaved.

15. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, married or widowed girl below the age of 11 belonging to an Untouchable caste, it shall be considered rape. If a Khavāsa or the slave from a Sacred Thread-wearing, Non-enslavable Alcohol-drinking or [Water-unacceptable but] Touchable caste has contaminated fellow caste members equal to him through cooked rice and others through water after the illicit sexual intercourse, he shall be imprisoned for 7 years. If he has not contaminated [others] through water, he shall be imprisoned for 6 years, the first letter of the caste [name] of that woman shall be branded on his left cheek, he shall be deprived of his right to drink water together with his fellow caste members, and he shall be handed over to his master's custody. The slave who belongs to an Untouchable caste shall be imprisoned for 7 years. If four times the amount of the fine is paid [in lieu of imprisonment], it shall be accepted. If the amount of the fine is not paid, he shall be imprisoned and be handed over to his master's custody after his prison term is over. Since it is a rape, the woman shall not be enslaved.

16. If a slave belonging to any of the Four Varṇas and Thirty-six castes, including Brahmins, or a Khavāsa who has remained a domestic servant, has illicit sexual intercourse with an unmarried, widowed or married woman belonging to a Sacred Thread-wearing caste and who is past the age of 11 by intoxicating her, by tying her up or by gagging her, whether jointly with 2–3 people or alone, it shall be considered a rape. If she is a married woman, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If she is a widow or an unmarried woman, the Khavāsa or slave shall be punished by *dāmala*.

17. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, married or widowed woman belonging to a Non-enslavable Alcohol-drinking caste and who is past the age of 11 by intoxicating her, by tying her up or by gagging her, whether jointly with 2–3 people or alone, it shall be considered a rape. If she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If she is widowed or unmarried or married [to a man] of a caste not bearing the right to kill his wife's paramour, such a Khavāsa or slave from a Sacred Thread-wearing caste shall be imprisoned for 6 years if fellow caste members equal in status to that woman will not marry her, if her fellow caste members will not accept cooked rice from her hands and if she is not pregnant. If the slave belongs to a Non-enslavable Alcohol-drinking caste, he shall be imprisoned for 8 years. If he belongs to an Enslavable caste, he shall be imprisoned for 12 years. If he pays four times the amount of the fine [in lieu of imprisonment], it shall be accepted. If the slave belongs to a Water-unacceptable but Touchable or an Untouchable caste, he shall be punished by *dāmala*.

18. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, married or widowed woman belonging to a Non-enslavable Alcohol-drinking caste and who is past the age of 11 by intoxicating her, by tying her up or by gagging her, whether jointly with 2–3 people or alone, it shall be considered a rape. If she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If she is a woman married [to a man] of a caste not bearing the right to kill his wife's paramour, or is widowed or unmarried, such a Khavāsa or slave from a Sacred Thread-wearing caste shall be imprisoned for 1½ years, if men of equal status to her caste status may marry her after the illicit sexual intercourse, if she may be accepted for cooked rice by her fellow caste members after she undertakes penance, and if she may re-join her caste after undertaking penance for her pregnancy. If such a slave belongs to a Non-enslavable Alcohol-drinking caste, he shall be imprisoned for 2 years, and if he belongs to an Enslavable caste, he shall be imprisoned for 3 years. If he pays twice the amount of the fine in lieu of the prison term, it shall be accepted. If he belongs to a Water-unacceptable but Touchable or an Untouchable caste, he shall be punished by *dāmala*.

19. If a slave or a Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, widowed or married woman belonging to an Enslavable caste and past the age of 11 by intoxicating her, by tying her up or by gagging her, whether jointly with 2–3 people or alone, it shall be considered a rape. If she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain*  [how he punishes his wife's paramour]. If she is a woman married [to a man] of a caste not bearing the right to kill his wife's paramour, or is widowed or unmarried, such a Khavāsa or the slave from a Sacred Thread-wearing or Non-enslavable caste shall be imprisoned for 3 years. If he belongs to an Enslavable caste, he shall be imprisoned for 6 years. If he pays twice the amount of the fine in lieu of the prison term, it shall be accepted. If he belongs to a Water-unacceptable but Touchable or an Untouchable caste, he shall be punished by *dāmala*. Since it is a rape, the woman shall not be enslaved.

#### 268 — III. Editions and Translations of Selected Articles from the Ain of 1854

20. If a slave or Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried girl, widow or married woman belonging to a Water-unacceptable but Touchable caste and past the age of 11 by intoxicating her, by tying her up or by gagging her, whether jointly with 2–3 people or alone, it shall be considered a rape. If she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If a Khavāsa or a slave from a Sacred Thread-wearing, Non-enslavable or Enslavable caste has illicit sexual intercourse with a married woman whose husband belongs to a caste not bearing the right to kill his wife's paramour or with a widow or unmarried girl, and if he has contaminated fellow caste members equal in status to him through cooked rice and others through water, he shall be imprisoned for 3 years, the first letter of the caste [name] of that woman shall be branded on his left cheek, he shall be deprived of his right to drink water together with his fellow caste members and he shall then be set free. If he has not consumed cooked rice and water from her hands after the illicit sexual intercourse, he shall be imprisoned for 1 year and shall be handed over to his master's custody after his prison term is over. Water may be accepted from his hands, thus he shall be granted water expiation. If the slave belongs to a [Water-unacceptable but] Touchable caste, he shall be imprisoned for 6 years, and if he belongs to an Untouchable caste, he shall be imprisoned for 7 years. If twice the amount of the fine is paid in lieu of his imprisonment, it shall be accepted. Since it is a rape, the woman shall not be enslaved.

21. If a slave or a Khavāsa who has remained a domestic servant has illicit sexual intercourse with an unmarried, widowed or married woman belonging to an Untouchable caste and past the age of 11 by intoxicating her, by tying her up or by gagging her, whether jointly with 2–3 people or alone, it shall be considered a rape. If she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain*  [how he punishes his wife's paramour]. If a Khavāsa or a slave from a Sacred Thread-wearing, Non-enslavable, Enslavable or a Touchable [but Water-unacceptable] caste has illicit sexual intercourse with a married woman whose husband belongs to a caste not bearing the right to kill his wife's paramour or with an unmarried or widowed woman, and if he has contaminated fellow caste members equal in status to him through cooked rice and others through water, he shall be imprisoned for 3 years—if he has not contaminated them through cooked rice and water, for 1 year—, the first letter of the caste [name] of that woman shall be branded on his left cheek, he shall be deprived of his right to drink water together with his fellow caste members, and he shall be set free. If the slave belongs to an Untouchable caste, he shall be imprisoned for 6 years, and if twice the amount of the fine is paid in lieu of his imprisonment, it shall be accepted. Since it is rape, the woman shall not be enslaved.

22. If a slave belonging to any of the Four Varṇas and Thirty-six castes, including Brahmins, or a Khavāsa who has remained a domestic servant, has illicit consensual sexual intercourse with an unmarried girl, a married woman or widow belonging to a Sacred Thread-wearing caste and past the age of 11, and if she is a married woman, the aggrieved husband shall decide [how he punishes his wife's paramour]. The Khavāsa or the slave who has had illicit sexual intercourse with a widowed or unmarried woman shall be punished by *dāmala*.

23. If a slave or a Khavāsa who has remained a domestic servant has illicit consensual sexual intercourse with a married woman, widow or an unmarried girl past the age of 11 and belonging to a Non-enslavable Alcohol-drinking caste, and if she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he has illicit sexual intercourse with a married woman whose husband belongs to a caste not bearing the right to kill his wife's paramour or with a widowed or an unmarried woman, such a Khavāsa or slave from a Sacred Thread-wearing caste shall be imprisoned for 3 years, if men of castes equal in status to her caste will not marry her, if her fellow caste members will not accept cooked rice from her hands, and if she is not pregnant. After his prison term is over, he shall be handed over to his master's custody. The slave belonging to an Enslavable or a Non-enslavable Alcohol-drinking caste shall be imprisoned for 6 years. If he pays four times the amount of the fine [in lieu of imprisonment], it shall be accepted. The slave belonging to a Water-unacceptable but Touchable or an Untouchable caste shall be punished by *dāmala*.

24. If a slave or a Khavāsa who has remained a domestic servant has illicit consensual sexual intercourse with an unmarried, married or widowed woman who is past the age of 11 and belongs to a Non-enslavable Alcohol-drinking caste, and if she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he has illicit sexual with a married woman whose husband belongs to a caste not bearing the right to kill his wife's paramour or with an unmarried girl or widow, such a Khavāsa or slave from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste shall be imprisoned for 3 years, and if he belongs to an Enslavable caste, for 6 years, if her fellow caste members may accept cooked rice from her hands, men of a caste equal to her caste in status may marry her, and if she may re-join her caste after she undertakes expiation for her pregnancy. After his prison term is over, he shall be handed over to his master's custody. If he pays twice the amount of the fine [in lieu of imprisonment], it shall be accepted. He shall be handed over to his master's custody after his prison term is over. The slave belonging to a Water-unacceptable but Touchable or an Untouchable caste shall be punished by *dāmala*.

25. If a slave or a Khavāsa who has remained a domestic servant has illicit consensual sexual intercourse with an unmarried, married or widowed woman past the age of 11 and belonging to an Enslavable caste, and if she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain*. If he has illicit sexual intercourse with a married woman whose husband belongs to a caste not bearing the right to kill his wife's paramour or with a widowed or an unmarried woman, such a Khavāsa or slave from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking caste shall be imprisoned for 1 year. The slave who belongs to an Enslavable caste shall be imprisoned for 6 years. If he pays twice the amount of the fine [in lieu of imprisonment], it shall be accepted. The slave who belongs to a Water-unacceptable or an Untouchable caste shall be punished by *dāmala*. The woman shall be enslaved. If the woman is a common woman, neither the Khavāsa nor the slave shall be held accountable.

26. If a slave or a Khavāsa who has remained a domestic servant has illicit consensual sexual intercourse with a married woman, widow or unmarried girl who is past the age of 11 and belongs to a Water-unacceptable but Touchable caste, and if he has contaminated fellow caste members equal to him in status through cooked rice and others through water, such a Khavāsa or slave from a Sacred Thread-wearing, Non-enslavable or Enslavable caste shall be imprisoned for 1½ years, the first letter of the caste [name] of that woman shall be branded on his left cheek, he shall be deprived of his right to drink water together with his fellow caste members, and he shall be set free and be handed over to his master's custody. Water may be accepted from his hands, he shall be granted expiation with respect to water. If the deed has been committed by a slave who belongs to a Water-unacceptable but Touchable caste, he shall be imprisoned for 4 years, and if it was committed by a slave who belongs to an Untouchable caste, he shall be imprisoned for 6 years. If he has contaminated the woman through water, he shall be imprisoned for 7 years. If he pays four times the amount of the fine [in lieu of imprisonment], it shall be accepted. He shall be handed over to his master's custody after his prison term is over. The woman shall be enslaved.

27. If a slave or a Khavāsa who has remained a domestic servant has illicit consensual sexual intercourse with a married woman, widow or unmarried girl who is past the age of 11 and belongs to an Untouchable caste, and if she is a woman married [to a man] of a caste bearing the right to kill his wife's paramour, the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he has illicit sexual intercourse with a married woman whose husband belongs to a caste not bearing the right to kill his wife's paramour or with a widowed woman, such a Khavāsa or slave from a Sacred Thread-wearing or Non-enslavable Alcohol-drinking, Enslavable Alcohol-drinking or Water-unacceptable but Touchable caste shall be imprisoned for 1½ years, if he has contaminated fellow caste members equal in status to his caste through cooked rice and others through water. If he has not contaminated [anyone] through cooked rice or water, he shall be imprisoned for 1 year, the first letter of the caste [name] of that woman shall be branded on his left cheek, he shall be deprived of his right to drink water with his fellow caste members, and he shall be set free and be handed over to his master's custody. If the slave who belongs to an Untouchable caste has such illicit sexual intercourse, he shall be imprisoned for 4 years. He shall be handed over to his master's custody after his prison term is over.

28. If a bondservant or a slave tries to convince his master's wife, daughter or daughter-in-law to have illicit sexual intercourse with him or if he asks somebody else to persuade her [on his behalf] for this purpose, he shall be imprisoned for 2 years. If he has tried to convince someone else other than his master's wife for this purpose or he asks somebody else to convince her, he shall be imprisoned for 1 year. If he pays the amount in lieu of his prison term, it shall be accepted and he shall be set free.

#### 272 — III. Editions and Translations of Selected Articles from the Ain of 1854

29. If someone has illicit sexual intercourse with a woman belonging to an Enslavable caste when he is still a slave, and if it has not been reported before, and if such illicit sexual intercourse is reported after he has been emancipated and has become a [member of the] Ghartī caste, and if the woman is married [to a man], the aggrieved husband shall decide in accordance with the *Ain* [how he punishes his wife's paramour]. If he had illicit sexual intercourse with an unmarried or widowed woman, he shall not be enslaved [again]. If [the woman] comes to complain that he has contaminated her through cooked rice after the illicit sexual intercourse, such a Ghartī shall be fined 20 rupees. If he has not contaminated her through cooked rice, he shall not be held accountable.

#### Article 162: *bādhāko karaṇi*

(On [Illicit Sexual Intercourse with] Bondservants)271

#### Edition:

१. पानि चलन््यया जातका वाधाले आफु वाधा वस््ययाका घरका षस््ममीनि छोरि वुहारि स््ववास्निको जवरजस््तति करणि गरेछ भन््यया जवरजस््तति करणि गर््न्ययाका ऐन वमोजिम् मा डेढो वढाइ कै द गर््ननु । कंन््यया विधवा सधवा स््ववास्निको षुसि राजिले करणि गर्याको भया जौना जातका वाधाले जौना जातका षस््ममीनि स््ववास्निको करणि गर्याको छ उसै जातकालाइ लेष््ययाका ऐन वमोजिम्मा डेढो वढाइ कै द गर््ननु । ११ वर््ष मनिका कंन््यया विधवाको करणि गरेछ भन््यया डवल्का दरले कै द गर््ननु ।

२. पानि चलन््यया जातका वाधाले आफु वाधा वस््ययाका घरका षसम््कका छोरि वुहारि स््ववास्नि वाहेक अरूको करणि गर्याको भया ११ वर््ष मनिका हउन् माथिका सधवा विधवा कंन््ययाको जवरजस््तति करणि गर्याको भया ११ वर््ष माथिका स््ववास्निलाइ राजिषुसिले करणि गर्याको भया पनि जौना जातका वाधाले जौना जातका स््ववास्निको

करणि गर्याको छ उसै जातलाइ लेषियाका ऐन वमोजिम् दंड सजाय कै द गर््ननु । ३. पानि चलन््यया<sup>272</sup> छोया छिटो हालनु नपर््न्यया जातका वाधाले आफ््नना षसम््कका स््ववास्नि छोरि वुहारिको जवरजस््ततिले करणि गर्या पनि राजि षुसिले करणि गर्या पनि ऐन वमोजिम्को अंस सर््वस््व गरि दसौद लि उपर तेसै स््ववास्निलाइ दिलाइ करणि गर््न्ययालाइ दामल गर््ननु ।

<sup>271</sup> Ain-54 gives only *bādhāko* as title for this Art., whereas it is *bādhāko karaṇi*  in Ain-54-JF. Since this Art. deals with the sexual offences of bondservants and not with the topic of debt bondage in general and is situated among other Articles dealing with sexual offences, we take the heading from Ain-54-JF.

<sup>272</sup> Read: *nacalanyā* (Ain-54-JF).

४. पानि चलन््यया<sup>273</sup> छोया छिटो हालनु नपर््न्यया जातका वाधाले आफ््नना षसम््कका स््ववास्नि छोरि वुहारि वाहेक अरू जातका स््ववास्निको जवरजस््ततिले करणि गर्याको भया पनि षुसि राजिले भया पनि करणि गर््न्ययालाइ जौना जातका स््ववास्निको करणि गर्याको छ उसै जातका स््ववास्निको करणि गर््न्ययालाइ लेष््ययाका ऐन वमोजिम् दंड सजाय कै द गर््ननु । ५. छोया छिटो हालनु पर््न्यया जातका वाधाले आफ््नना षसम््कका स््ववास्नि छोरि वुहारिको जवरजस््ततिले करणि गरोस् षुसि राजिले करणि गरोस् करणि गर््न्ययालाइ काटि मारिदिनु ।

६. छोया छिटो हालनु पर््न्यया जातका वाधाले आफ््नना षसम््कका स््ववास्नि छोरि वुहारि वाहेक अरू जातका स््ववास्निको जवरजस््ततिले करणि गर्याको भया पनि षुसि राजिले भया पनि करणि गर््न्ययालाइ जौना जातका स््ववास्निको करणी गर्याको छ उसै जातका स््ववास्निको करणि गर््न्ययालाइ लेष््ययाका ऐन वमोजिम् दंड सजाय कै द गर््ननु ।

७. वाधाले आफु वाधा वस््ययाका घरका षस््ममीनि छोरि वुहारिहरूमा २।३ जना स््ववास्निको करणि गर्या जौना जातका वाधाले जौन् जौन् जातका स््ववास्निको करणि गर्याको छ उसै जातका करणिका ऐन वमोजिम् सजाय गर््ननु ।

### Translation:

1. If a bondservant belonging to a Water-acceptable caste rapes his master's wife, daughter or daughter-in-law of the house where he is living as a bondservant, he shall be imprisoned by increasing [the term] to 1½ times that which is laid down in the *Ain*'s [Art.] "On Rape".274 If he has illicit consensual sexual intercourse with an unmarried, widowed or married woman [of his master's house], the bondservant shall be imprisoned by increasing [the term] to 1½ times that which is laid down in the *Ain* for the respective castes, depending on the respective caste status [of the offenders].275 If he has such an illicit sexual intercourse with an unmarried girl or widow below the age of 11, he shall be imprisoned for twice the term.

2. If a bondservant belonging to a Water-acceptable caste has illicit sexual intercourse with a woman other than his master's daughter, daughter-in-law or wife [from the household] where he is living as a bondservant, irrespective of whether he rapes a married woman, widow or unmarried girl below or past the age of 11 or has consensual illicit sexual intercourse with a married woman past the age of 11, he shall be fined and imprisoned in accordance with what is laid down in the *Ain* for the respective castes.


3. If a bondservant belonging to a Water-unacceptable but Touchable caste rapes his master's wife, daughter or daughter-in-law, or if he has illicit consensual sexual intercourse with her, his property shall, in accordance with the *Ain*, be confiscated. Ten percent of [the confiscated property] shall be taken and be given to the woman. He shall be punished by *dāmala*.

4. If a bondservant belonging to a Water-unacceptable but Touchable caste rapes a woman other than his master's wife, daughter or daughter-in-law, or if he has illicit consensual sexual intercourse with her, he shall be fined and imprisoned in accordance with what is laid down in the *Ain* for the respective caste of the woman.

5. If a bondservant belonging to an Untouchable caste rapes his master's wife, daughter or daughter-in-law, or if he has illicit consensual sexual intercourse with her, he shall be executed.

6. If a bondservant belonging to an Untouchable caste rapes a woman other than his master's wife, daughter or daughter-in-law, or if he has illicit consensual sexual intercourse with her, he shall be fined and imprisoned in accordance with what is laid down in the *Ain* for the respective caste of the woman.

7. If a bondservant has illicit sexual intercourse with 2–3 women among his master's family, be it the wife, daughter or daughter-in-law of the house where he lives as a bondservant, then, depending on his caste the bondservant shall be punished in accordance with what is laid down in the *Ain* for illicit sexual intercourse for the respective castes.

## Glossary


*bāpata –* a criminal offence.

*begāra –* a forced labourer either under individuals or public service (Wilson 1855, s.v. *begar*); labour for purposes such as porterage, construction and digging (R. Shaha 1990/I: 207, Michael 2012:

130); requisition of labour for emergencies (cf. Regmi 1965: 53). *bekha –* an inheritable *birtā* grant.

*beṭha/beṭhi –* usually written together with *'begāra'*; compulsory labour; unpaid labour esp. for farms (cf. R. Shaha 1990/I: 207); exaction of unpaid labour on a customary basis in the hill region, usually for agricultural work (cf. Regmi 1965: 53, Michael 2012: 130).

*bhārādāra/bhāradāra –* lit. "burden bearer"; a generic term for highlevel functionaries and courtiers.

*bhoga bā̃dhā –* 1) a bondservant who is in active service to the creditor. 2) an usufructuary mortgage; see also: *dṛṣṭi bā̃dhā*.

*birtā –* a royal land grant with privileges in terms of tax-exemption, revenue collection and judicial authority.

*birtābitalapa –* an often tax-exempted type of *birtā* grant which obliges its beneficiary to work for the state when called upon to do so.

*birtāvāla –* holder of *birtā* land.

*cāka –* a low-caste man punished by enslavement for a sexual offence.


*kariyā* – a slave working in a household, a servant.

*keṭī* – a maidservant, often understood as a synonym for a female slave.

*keṭo* – a servant, often understood as a synonym for a male slave.

*khaḍga nisānā sanada* – executive order from Rāṇā prime minister bearing a seal with an image of a sword (*khaḍga nisānā*).

Khavāsa – an umbrella term for current or former slaves of the nobility and the offspring born of unions of nobles and slave women.


*lālamohara* – a royal order or decree bearing the red seal.

*lihalagata/lihala* – legal currency, current money.

*mānā* – a volumetric unit equivalent to 0.568 litres, or 1/8 of a *pāthī*.


*paṭṭī* – a squad headed by a *subedāra*.


*sukā* – monetary unit worth one fourth of a rupee and comprising four *ānās*.

*tamasuka* – a deed of loan transaction.

*ṭhānā –* a police or military office with judicial functions.

*thāpalyā/thāple hulākī* – var. *thāple hulākī*; n. *hulākī* porters assigned to transport goods.

*tharaghara* – 1) members of the six clans (*cha thara*) including the Pā̃ḍes, Pantas, Aryjālas, Khanālas, Rāṇās, and Boharā. 2) members of highest group of the Śreṣṭha castes among Newars as mentioned in the *Ain*.

*thari* – head of a clan (*thara*), elder, also functioning as a tax collector.


## References

#### **Documents**


#### **Literature**


Maskey, Govinda. 1996. *Social Life in Nepal: From Tradition to Modernity*. 1st edition. New Delhi: Anmol Publications.


——. 2019. "Sklaverei in Nepal", in: *Heidelberger Akademie der Wissenschaften. Jahrbuch 2018*, Heidelberg: Heidelberger Akademie der Wissenschaften, 38-40.

Molfenter, Christine. 2013. "Overcoming Bonded Labour and Slavery in South Asia." *Südasien-Chronik,* Band 3, 358–382. http://dx.doi.org/10.18452/8470.

Negi, Jaideep. 1995. *The Begār & Beth System in Himachal Pradesh: A Study of Erstwhile Shimla Hill States*. New Delhi: Reliance Publishing House.


Rana, Promode Shamshere. 1995. *Rana Intrigues*. Kathmandu: Self-published.

	- http://www.digitalhimalaya.com/collections/journals/regmi/.

Accessed June 30, 2020. https://www.ohchr.org/EN/ProfessionalInterest/ Pages/SlaveryConvention.aspx.


The topic of slavery is largely under-represented in the historiography of Nepal. This source book, aware of this disparity and wishing to encourage future studies on the topic, provides the reader with editions, translations and a study of selected documents and legal texts of Nepal from the period of the eighteenth to the early twentieth century. These sources are concerned with such different aspects of slavery as donations, transactions, bondservitude, forced labour, emancipation, and law.