Judiciary of Gurkha Regime in Uttarakhand, Himachal

History Discussion on Gurkha/Gorkha Administration in Garhwal - 58

History of Gorkha /Nepal Rule over Kumaun, Garhwal and Himachal (1790-1815) -121    

   History of Uttarakhand (Garhwal, Kumaon and Haridwar) -642

                          By: Bhishma Kukreti (A History Student)

                                 Adalath of Vichari

   There were three courts (Adalath) in Garhwal established by Gurkha regime (Asiatic Research vol 20)  –

Shrinagar

Langur

Chandpur

There used to be a Vichari (Judge) in each Adalath.

The following army officers were there to help Vichari (Judge)-

Kardar-1

Mehjar-1

Jamadar-1

Amaldar-1

Havladar-

Sipahi -1

 According to Chitranjan Nepali, the annual salary of court officials was as under –

Employees -------Numbers-----------------Annual Salary -----------------Total

Vichari-----------------2---------------------------350---------------------------700

Vahidar(Record keeper)-----2----------------144-------------------------------288

Tahvildar------------------------2----------------150------------------------------300

Tahluva (Peopn)--------------1------------------36-------------------------------36

            Responsibilities and Duties of Vichari (Judge)

                 It was expected from Judge that he would not be influenced by any force, would not be greedy and affiliated. The judge was supposed to treat the person as per his deeds and not by perception (Jasta ko tasto, tit for tat). However, due to non availability of proper work force, the judge never followed their duties properly.

           Different army officials at different places used to act as judges. In Shringar , Almora, or nearby region of capitals the Subba used to follow judiciary system. The army officials used to help Subba.

 Usually Faujdar were busy in army campaign therefore, he used to appoint his subordinate to follow judiciary deeds. Such officials were also called Vichari’ or Judges. The Faujdar used to collect money from accuser or accused through contract basis and the money was collected in Treasury.

  The judiciary was just for the sake of judgment.

                       Judicial Inquiries

             No written system of complaints was there. Only verbal complaint system existed in Gurkha regime. As soon as accuser used to complaint verbally the inquiry used to start. No advocate was allowed from accuser and accused sides.

               A Harivansh pothi was kept on the head of accused or accuser for truth saying. If the judge found the crime and accused did not agree the sipoy used to beat the criminal by bet or by other punishments.

                Compromise was First Step

            Usually, Vichari used to try compromise between accused and accuser. If that was not possible, the case was submitted to Gram Pamchayat or village council. Village council used to make judgment most of the time.

           Easy and Simple way of Judgment

        No doubt, Gurkha were cruel but the way they used judiciary it was easy and simple. The judgment was offered before accused and accusers. Usually the written procedure was not used and only for important disputes the written procedure was used and that is again rarely. The winner was given written statement with stamp of Vichari. The looser was informed immediately and punishment was offered at the instance as financial punishment was collected immediately.

               Deity based (Dip Nyaya) Detection of Crimes

 In case of complex disputes, when detection of crime was not easy the Gurkha Vichari used aged system of detecting the crimes. This system was called ‘Dip’ or Deity based system. That got more loss that was called criminal.

 Goldip System of Detecting Criminal- The accused and accuser were handed over red hot iron rod and they were ordered running. Whoever got the burn more he was called criminal.

Taraju Dip- The criminal was weighed by balance by stones. Those stones were kept in a place. Second day, the criminal or accused or accuser was weighed again by those stones. If the weight of man /woman was more than the stones the person was called non criminal and whose weight would be less was called criminal.

Kadhai Dip- The hand of accused was dipped into hot oil vessel (Kadhai) and if the hand was burnt the person was called criminal and if there was no burn the person was declared innocent.

Teer ka Dip-The accused one was ordered to dip into a pond. An arrow was thrown and other Epson was ordered to go to the arrow site and returned. If the person returned back before other person sank the person was called innocent or if a person did not sink before other person ruturn the person was called innocent.

Jal ka Dip- the small child of accused and accuser were thrown into pond. Whose child sunk first that person was called criminal.

Vish ka Dip- Both the accused and accuser were offered poisonous herbs to eat. Who died that was criminal and who was unaffected that was innocent.

Mandir ka Dip- The stones for naming the accused and accuser were kept in the temple. If there was a death or natural or other disaster in a family either of accused or accuser the person was named as criminal.

 In many cases, there used to write names of accused and accuser on separate paper. The temple Priest used to pick apaer and that person used to be called criminal.

              Punishment

 The punishment was told as per crime. For the serious criminals as big theft, the nose or ear were cut of criminals. Many times the criminals were beaten, wounded and a body part /parts were cut and then salt and pepper was put on wound.

 Subba used to declare judgment for very serious charges.

                Death Sentence

 Death sentence was very rare. Even in case of murder the murderer was fined for heavy financial punishment.  The death sentence was given by hanging the person on a tree branch.

Death sentence was given only to nation deceivers. That kills bulls or caws, a Harijan who takes Hukka of Brahmin or Rajput or rapes an upper caste woman. For such woman her nose was cut. If anybody indulged on sexual crime the husband could punish wife and her lover.

                   Financial Punishment

In most of the cases, Gurkha declared financial punishment. In case of sexual indulgence with other’s wife or husband the crime was more rigorous especially the sexual relationship with close kins as relation between aunt and nephew etc. Such criminals were called Jari. There were two financial punishments for Jari. One was Jari punishment and additional punishment was Shudhi Jurivana or making pure punishment. Only the criminal Brahmin (indulging sexual crime) was sent for exile but not other caste people. The financial punishment was collected with force and in case the person could not pay the punishment his property was sold. If a person did suicide or ran away his immediate relatives had to pay punishment. Even the punishment was not paid the property was auctioned immediately.

                  Harassing ordinances from Gurkha Officers

   The financial punishment was offered not by the quality of crime but by financial status of person that state got more revenues. Judiciary became the source of state income.

 The higher officials used to create new ordinances those benefits to the treasury and not citizens. Once, there was an ordinance that the women should not come on the house roof. The woman was caught coming on the house roof she would be punished.  In hills it was a must for people to come on roof for various deeds. Gurkha local officers took advantage of that ordinance by insulting the women and punishing them.

                    False Accusations  

  Gurkha officials usually used to accuse common people, traders falsely. Reper described (Asiatic Research vol 11) an even that person came to sell Ghee to soldiers. Gurkha soldiers accused him for malpractices of selling adulterated Ghee. Soldiers bate him and took his Ghee as punishment. The Ghee seller was punished for rupees twenty five.

                           Corrupt Officials

  Corruption was very common in Gurkha time. The gift offers were exempted and were given support from Gurkha officers. Since, there was no hearing for lower cadre officials people preferred to pay tribute to the officials for every deed.

                    Iron Rule

  The main ruling tactics of Gurkha was to make people afraid and rule over them. Punishing the citizens was main criteria of administrating the region. For Gurkha, to get money from accused and accuser was the source of money or treasury filling.  There was back biting, corruption , selfishness everywhere in the Gurkha rule. No real judiciary was seen anywhere in Kumaon, Garhwal and Himachal under Gurkha rule.

** Most of references and details were taken from Dr Dabral

Copyright@ Bhishma Kukreti Mumbai, India, bckukreti@gmail.com18/6/2015

History of Garhwal – Kumaon-Haridwar (Uttarakhand, India) to be continued… Part -643

*** History of Gorkha/Gurkha /Nepal Rule over Kumaun, Garhwal and Himachal (1790-1815) to be continued in next chapter 

(The History of Garhwal, Kumaon, Haridwar write up is aimed for general readers)

XX

                    Reference

Atkinson E.T., 1884, 1886 , Gazetteer of  Himalayan Districts …

Hamilton F.B. 1819, An Account of Kingdom of Nepal and the territories

Colnol Kirkpatrik 1811, An Account of Kingdom of Nepal

Dr S.P Dabral, Uttarakhand ka Itihas part 5, Veer Gatha Press, Dogadda

Bandana Rai, 2009 Gorkhas,: The Warrior Race

Krishna Rai Aryal, 1975, Monarchy in Making Nepal, Shanti Sadan, Giridhara, Nepal

I.R.Aryan and T.P. Dhungyal, 1975, A New History of Nepal , Voice of Nepal

L.K Pradhan, Thapa Politics:

Gorkhavansavali, Kashi, Bikram Samvat 2021 

Derek J. Waller, The Pundits: British Exploration of Tibet and Central Asia page 172-173

B. D. Pande, Kumaon ka Itihas

Sharma , Nepal ko Aitihasik Rup Rekha

Chaudhari , Anglo  –Nepalese Relations

Pande, Vasudha , Compares Histriographical Traditions of Gorkha Rule in Nepal and Kumaon

Pradhan , Kumar, 1991, The Gorkha Conquests , Oxford University  Press

Minyan Govrdhan Singh , History of Himachal Pradesh

A.P Coleman, 1999, A Special Corps

Captain Thomas Smith, 1852,Narrative of a Five Years Residence at Nepal Vol.1

Maula Ram/Mola Ram  , Ranbahadurchandrika and Garhrajvanshkavya

J B Fraser , Asiatic Research

Shyam Ganguli, Doon Rediscovered

Minyan Prem Singh, Guldast Tabarikh Koh Tihri Garhwal

Patiram Garhwal , Ancient and Modern

Tara Datt Gairola, Parvtiy Sanskriti

John Premble, Invasion of Nepal

Chitranjan Nepali, Bhimsen Thapa aur Tatkalin Nepal

History Gurkha /Gorkha Rule over Garhwal, Kumaon, Uttarakhand; Himachal; History Gurkha /Gorkha Rule over Pauri Garhwal, Udham Singh Nagar Kumaon, Uttarakhand; Sirmour Himachal; History Gurkha /Gorkha Rule over Chamoli Garhwal, Nainital Kumaon, Uttarakhand; Kangara Himachal; History Gurkha /Gorkha Rule over Rudraprayag Garhwal, Almora Kumaon, Uttarakhand; Baghat Himachal; History Gurkha /Gorkha Rule over Tehri Garhwal, Champawat Kumaon, Uttarakhand; Punar Himachal; History Gurkha /Gorkha Rule over Uttarkashi Garhwal, Bageshwar Kumaon, Uttarakhand;  Nahan Himachal; History Gurkha /Gorkha Rule over Dehradun Garhwal, Pithoragarh Kumaon, Uttarakhand; History Himachal; 

Nepal Itihas, Garhwal Itihas, Kumaon Itihas, Himachal Itihas; Gurkha/Gorkha ka Kumaon par  Adhikar Itihas , Gurkha/Gorkha Garhwal par Shasan Itihas;  Gurkha/Gorkha Rule in Kumaon, Garhwal Uttarakhand; History Gurkha/Gorkha  Rule in Himachal,

Xx

Warfare Management, Skill, campaign, Salary of Gurkha Army in Kumaon, Garhwal and Himachal; Warfare Management, Skill, campaign, Salary of Gurkha Army in Kumaon, Garhwal and Himachal; Warfare Management, Skill, campaign, Salary of Gurkha Army in Kumaon, Garhwal and Himachal

Xx

Judiciary, Judicial System of Gurkha Regime in Garhwal, Kumaon, Uttarakhand, Himachal; Judiciary, Judicial System of Gurkha Regime in Pauri Garhwal, Udham Singh Nagar Kumaon, Uttarakhand, Himachal; Judiciary, Judicial System of Gurkha Regime in Chamoli Garhwal, Nainital Kumaon, Uttarakhand, Himachal; Judiciary, Judicial System of Gurkha Regime in Rudraprayag Garhwal, Champawat Kumaon, Uttarakhand, Himachal; Judiciary, Judicial System of Gurkha Regime in Tehri Garhwal, Almora Kumaon, Uttarakhand, Himachal; Judiciary, Judicial System of Gurkha Regime in Uttarkashi Garhwal, Bageshwar Kumaon, Uttarakhand, Himachal; Judiciary, Judicial System of Gurkha Regime in Dehradun Garhwal, Pithoragarh Kumaon, Uttarakhand, Himachal;