Homicide Law in 19th-Century Nepal: A Study of the Muluki Ains and Legal Documents

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The main ambition of this book lies in a detailed analysis of the formation and enforcement of Nepal's Muluki Ain of 1854, specifically focusing on the provisions regarding homicide within the Muluki Ains of 1854 and 1870. This study also examines contemporaneous legal records, revealing the complexities of the Ain's implementation. The articles on homicide serve as a microcosm illustrating the broader evolution of Nepal's legal code, which departed from outdated punishments like genital mutilation and introduced fines and imprisonment instead. Still, the innovations introduced into the Ain of 1854 were not uniformly progressive. The Ain in its various stages of development thus showcases the complex ways in which legal systems inevitably undergo transformation.

This book, a revised version of the doctoral dissertation I submitted to Heidelberg University's Faculty of Philosophy in March 2017 and defended in May 2017, represents the culmination of a four-year research project (2013-2017) supported by the Cluster of Excellence "Asia and Europe in a Global Context" under the German Universities Excellence Initiative. The main ambition of the work lies in a com- prehensive investigation into the formation and implementation of the (Muluki) Ain of 1854, a foundational legal code with constitutional attributes. Central to this examination is the detailed editing and translation of the articles pertaining to homicide within both the Muluki Ain of 1854 and its successor, the Muluki Ain of 1870. These analyses are juxtaposed with relevant contemporaneous legal and administrative documents, with the aim of providing a robust and contextual under- standing of the legal framework. In essence, this study endeavours to serve as a scholarly resource, shedding light on the intricate role of legal systems in shaping modern Nepal's identity as a nation-state, while concurrently delving into the legal evolution and transformation that characterized the 19th-century landscape.

I would like to express my heartfelt gratitude to Prof. Dr. Axel Michaels, my supervisor and mentor, without whom the completion of this work would not have been possible. He has been instrumental to my work in virtue of his vast knowledge of Hindu legal traditions, Nepalese legal history, and deep critical thinking within academia. Furthermore, I am immensely grateful to him for extending an invitation to Germany, allowing me to pursue my doctoral studies here. I am indebted to him not only for his countless suggestions and enlightening comments on all sections of this work but also for his significant contributions to the field of Nepalese studies as a whole.

The National Archives of Nepal, established in 1967, functions as the officially designated government entity tasked with the curation and conservation of the nation's archival records. Operating in accordance with the Archives Preservation Act of 1989, it has as its core responsibilities collecting, preserving, and facilitating public access to significant manuscripts and documents. Collaborations with both national and international organizations have culminated in the establishment of a network of partnerships.

A prominent example of such collaboration lies in its association with Germany, which resulted in the successful execution of the Nepal- German Manuscript Preservation Project, followed by the Nepalese- German Manuscript Cataloguing Project. In 2018, the Heidelberg Academy of Sciences and Humanities initiated the publication series Documenta Nepalica, aimed at accentuating the importance of Nepal's document heritage for historical research in South Asia and beyond, thus igniting scholarly interest in the country's abundant archival sources.

This volume constitutes a crucial addition to the comprehension of Nepalese legal history, focusing on the study of the articles on homicide extracted from the 1854 and 1870 Muluki Ains. Accompanied by an analysis of contemporaneous legal documents, the study significantly contributes to the understanding of homicide law during the pre-modern era in Nepal. The National Archives of Nepal safeguards not only the oldest extant manuscript of the Ain but also manuscripts or prints of subsequent amended versions. Undoubtedly, this publication will serve as an indispensable resource for those seeking to grasp the intricate role of law in shaping modern Nepal as a nation-state.