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CHAPTER 6 CRIMES and LEGAL RIGHTS During the Period Under

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CHAPTER 6 CRIMES and LEGAL RIGHTS During the Period Under CHAPTER 6 CRIMES AND LEGAL RIGHTS JUSTIC E IJM)ER THE MARATHAS _ During the period under the study, tliere was an organised judiciary. This judiciary, hke the other branches -of administration, was much influenced in the organisational matters by the Muslim tradition, but the basic ideas and features were derived from the Hindu sources. Tliei e is thus, a co-mingling of Hindus and Muslim traditions j n the legal institutions. The sources of Law were constituted by the DiiarrtuisJuulitras, tfie hUtakshara, the VyavaJuxt cirtiavitklia, the Dariakcvnalakara, the Farasaramiuihaviyani, the Chaturvaragachiritamaru and the like. The Manusmruti, thouyi of ancient times, was yet used. Besides there were law-books containing laws relating to caste disputes - (Yatiniraya) which were consulted ;'or settling caste disputes. The customary unwritten laws formed another important source. The laws administered by the Courts of Law included tiie law of mairiage, tlie of adoption, the law of inheritance, the law of propeity, fiie law of , succession and the like. Tliese were fashioned by the injunctions of the medieval law-givers as well as the ,uevailing local customs. ✓ Judicial liieraixhv: ITie Peshwas who acted in the name of the King [Chatrapati] enjoyed the highest judicial powers. The Nvayadhish however was the Chiel Justice. He enjoyed jurisdiction in both, the civil and criminal matters. Subhedars who had received the M i i U i l i k Seal enjoyed an original jurisdiction. Altliougli they were placed in charge of different Subha.s, they were mostly residing in or near Pune. This was in times of N:uia Phadnavi?^, the '^r-subha of Konkan, tlie Subhednr of Juniiar, and tlie Subhedar of Pune excluding the city of Pune. Besides, there were some oUtcr ofTicers, who were asked to act as judges due to tlieir abiht}'. Such were the Subhedar of Kalyan, Shivrampant 'Fhatte, the Phadnis of Khandesh and some others. Petty cases were tried by olficials called MitsaddLs'. If the cases were important, tlie Mutsaddis presented ^!iem to Nfina Phadnavis, who usually refened them to the qualified judges. In the Parganas, Kcvyals and villages, the courts were held as when necessary. Some places such as Paithan, Satara, Pali, Pune and Nasik, were famous for dispensing justice. Important cases were generally brought to these places. Judicial Procedure: A Court of Law was styled Majlis. I h e trial of a case in hie local area itself was generally prelerred. If ihe cases related to religious matters, they were taken to special courts called Brahma-Sabha or Jati-Sabha. Wlien a plaintiff filed a suit or lodged a complaint {Karina or Tahir), a Majlis was summoned for trj’ing Llie case. The presiding judge of the Mnjlis was called Sabhanayaka The presiding judge for a Pargana Majlis ^as a Deshmukh, that of a village Majlis was the Ahkadam, that of a Kasba Majlis was the Shete, and that of a Bratima-Sabha was the Dftarmadhikari. llie i e were special officials called Pariksliakas or PrasJuukas at the famous centres such as Satoi a or ’nli, whose dut>’ it was to cross-examine t}ie litigants and tlieir witnesses. When the court was ensembled for rying a case, the plaintiff or theAgrayt'oJi presented his side of the case in writing or Takrir. Then the defendant ir Pashchimwadi was sent for, when he presented himself before the court, the Takrir of tlie plaintiff was read ut to him. He was allowed to defend himself by refuting the charges made against him, and the statemait of his ide was carefully recorded M er the first statements of both the parties were heard, the plaintiff was again asked to give his ^plication (Ptirsis), and the defendant, his rejoinder (Pursis), Tliereupon, the evidence produced by both the krties was carefully examined by the members of tiie Court .ind a decision airived at. The decision was given in le fomi of AhJtzar, beai'ing tlie naiiius and destinations of the membeis of the Majlis. 1 The Javapaira or the Mahzar, according to tlie Hindu Law -Books, was to contain a brief statement of the ilaintiff and of the defendant, the evidence produced by theni, the deposition of witnesses, the relevant liscussions and arguments, the Smriti Texts applicable, the opinions of the Sabhyas and the decision arrived at. ITie Chief Justice would then sign the Jayapatra and authenticate it by affixing the royal seal. Othei l^embers of the assembly acquainted with the Sn^iriti would also sign the Mahzar, though not acting as the judges, liis would indicate that the decree was acceptable to them and that it was fully supported by the Smritis. These Mahzars largely conformed to the injunctions of medieval Hindu jurists, but it also included some .‘uslim elements. For example, it included towards the end some important elements of the Sigil and the Hindu egal tenninology was partly replaced by the Persian terms. An appeal from the original Court and to the higher court was allowed if the litigants were not satisfied ^vitli it and its proceedings. The place where tlie case originated and to whose court or M islis the case was first istituted was known as Mayculial and the place where any other court was situated was knowTi as simply TJial. he decisions given by the Court of the Thai was styled as Thalapaira, and the same was reissued by the original ourt in the form of a Mahzar. It seems that after 17 50 A.p., the method of trial by the Majlis was gradually supplanted by the Panchayat. 1 lie judicial procedure in the Panchayat was similar to the one followed in tlie Majlis, except for some minor ii.'j.ges. ^ The judgement given by tlie Panchayat was known as Scvxvnsa and the decree finally handed over to the /inning party was styled the Nivcuipaira The chief Justice was assisted by an Armn and some Dqftardars or xirkuns 'a his judicial matters. There were special books which were consulted while deciding caste-disputes. The society gave more nportance to tradition and custom than to written law. The Khjcdisi or the Sabhasad of a Majalis, seems to have een well ticqiiainted witli the principles ol i ,iudu Law. ITie custom s of the different castes were scnipuloiisly b^erved b\ the niaiibeis oi those castes. It seems tliat llie state was not allowed to interfere with liieir 11 'iiuuy ri^s^it o f deliveiingjustice 153 "om-t Fees : Thae was no fixed aile^ as regaids couit fees, llie Diwan or the Government officer could demand Hcu ki or Gutiiiagivi from the parlies, successful or defeated respectively, if they had laid down a stake or wager )j[h2iha of Jiari, JitUi) (Hari Jintiche Katbe) before the trial, to the effect that the party who would succeed should pay so much money as Harki or Slienii and the one who would fail should pay so much money as a fine The successful partv' often willingly paid to the Government a sum of money which was known as KJmshi Sfienii. The public officers generally collected dues known as Harki or Shemi from the successful party, according to his capacity and the nature of the subject of the dispute before granting Khurdakhat or Watan- )otra (of Shahu Period), for the enjoyment of Watan and issuing of orders to the local officers for the proper ixecution of the decree It appears that if the party in whose favour, the suit was decided, be unable to pay the lues, then a document known ^% Yadi-Watanpatra or sunimary of Watanpatra was granted to him. Most of the castes had gramscuuJtas or panchayats to administer justice. The duty of a Jat-patil or the lead-man of the caste was to select the disputes and punish the culprits. Most of the disputes were in the nature if some man eloping with the wife of another; or a widow or a maiden being pregnant; or in the remairiage, Siotur. the bride’s father taking more bride-price than was customary to caste tradition; or husband not- ohabiting with the wife; or dispute in maiTiage settlement; or committing acts against caste customs like a \olluiiin woman wearing Kumkum on her forehead, etc. The Mahar caste had their owti panchayat, Jatpanchayat, which dealt with acts by a woman leaving her r- usband and staying with another man, and being pregnant by him. In such cases, the nther man would be Lini'shed with a fine of Rs. 20/-. A w ife was not pennitted to remarry (Mhotur) till her husband had divorced her r she was a widow. If a widow (haih rehimi stree) became pregnant, the caste did not allow her to remany the lan, (the father of the child), till she had delivered the child, beranse it was believed that if she deliv ered a ^ghter, the daugliter along with the mother would be nifUTied to tlie man, the fatlier i 154 / If a woman was accused of immoral behaviour, she would need a lot of evidence to prove her innocence, t was very diftlcult to collect it. Although the field for careers or social intercourse was veiy limited, even in heir restricted field, women wei e involved in criminal activities. Tlie nature of the crimes committed seems to Y simple, tiieie was no scope for complexity or intellectual excellence or refineness. Tlie crimes conunitted leerns to belong to same nature. TJie criminals belonged to all castes and classes. In all other castes, the women vere accepted by the society, after performing the prescribed penalties and penances. But, in the Brahmin Miimunity, she was never accepted by her community.
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