Administrative System of the Marathas c25.s2: 2. Mutilation
Administrative System of the Marathas c25.s2
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2. Mutilation
c25.s2.1
Capital punishment was very seldom inflicted and mutilation was almost unknown in the earlier days of the Maratha empire. This punishment however became common under Nana Fadnavis. Among the papers of the second Madhava Rao have been preserved long lists of convicts condemned to lose their hands and feet. One of these lists enumerates the following sentences for theft:
c25.s2.2
| Capital punishment | ... | 20 men |
| Right hand and left leg to be cut off | ... | 13 men |
| Right hand only to be cut off | ... | 18 men |
| Right hand and one ear to be cut off | ... | 4 men |
| Right hand and right leg to be cut off | ... | 1 man |
| One ear to be cut off | ... | 1 man |
c25.s2.3
And one man was to be first paraded ludicrously dressed and then nailed to death. The same punishment was inflicted for causing grievous hurt. The Maratha government did not spare the relatives of thieves who were frequently thrown into prison. And convicts were asked to perform a Prayashchitta or religious penance over and above the corporal punishment they had already undergone.
c25.s2.4
Mutilation and execution are mentioned by Shukracharya among "various species of methods of punishment,"⁴ but they were in use in still older times. We read in the Manu Samhita for instance, "If out of arrogance he spits (on a superior), the king shall cause both his lips to be cut off. If he lays hold of the hair (of a superior) let the king unhesitatingly cut off his hands."⁷ The offences mentioned above were considered as assault, but mutilation has been recommended as an appropriate punishment for theft also by father Manu. "For stealing more than fifty palas it is enacted that the hands of the offender shall be cut off; but in other cases, let him inflict a fine of seven times the value. For stealing men of noble family and especially women and the most precious gems (the offender) deserves corporal (or capital) punishment. For stealing large animals, weapons, or medicines, let the king fix a punishment, after considering the time and the purpose (for which they were destined). For selling cows belonging to Brahmans, for piercing the nostrils of a barren cow and for stealing other cattle belonging to a Brahman the offender shall forthwith lose half his feet."⁸ And finally the lawgiver lays down as a general principle: "with whatever limb a thief in any way commits (an offence) against men, even of that the king shall deprive him in order to prevent (a repetition of the crime."⁹ Nor is Manu by any means the only legislator in favour of this horrible punishment. Vishnu also recommends the same punishment for assault and theft. According to him "with whatever limb an inferior insults or hurts his superior in caste, of that limb the king shall cause him to be deprived."¹⁰ "He who has stolen a cow, a horse, or a camel, or an elephant, shall have one hand or one foot cut off. A stealer of gold, silver or clothes at a value of more than fifty Mashas shall lose both hands."¹¹ Mutilation as a form of punishment is mentioned in the Upaguptavadana and the Hasti-avadana of Bhodisattvavadanakalpata.
c25.s2.5
⁴ S. B. H., p. 130.
c25.s2.6
⁷ S. B. E. Vol. XXV, pp. 303 & 304
c25.s2.7
⁸ S. B. E., Vol. XXV, pp. 310 & 311.
c25.s2.8
⁹ S. B. E., Vol. XXV, p. 312.
c25.s2.9
¹⁰ S. B. E., Vol. VII, p. 27.
c25.s2.10
¹¹ S. B. E., Vol. VII, pp. 31 & 32.
Linked texts (2)
- Mānava Dharmaśāstra — Manu & Bhṛgu, Sanskrit
- Bodhisattvāvadānakalpalatā — Kṣemendra, Sanskrit