Muluki Ain: First full English translation released

Two years ago, Bidur Dangol of Vajra Books informed me about the arrival of three rare and expensive copies of the translated Muluki Ain from Heidelberg University, Germany. After several discussions, we decided to publish an affordable edition of the Muluki Ain. The Muluki Ain, initially introduced by Prime Minister Jang Bahadur Rana in 1854, evolved significantly over time. While it was simply known as Ain during much of the Rana regime, it took its current form only in the 1952 editions, after the fall of the Rana regime. Regardless, it remains a pioneering legal code in Nepal, introduced at a time when many countries did not have constitutions, making it pivotal to the legal, social, and political history of Nepal and relevant to the entire South Asian region.

The Muluki Ain was particularly notable given the absence of trained jurists in Nepal at the time and the lack of a direct impetus for such comprehensive codification in the mid-19th century. It aimed to replace fragmented regional legal systems, bringing Nepal under a single legal framework. Before this, King Prithivi Narayan Shah had promulgated various Ain, including the Rajkaj Ain of 1768, but none were as comprehensive as the Muluki Ain. The current English version has been meticulously translated and analyzed by three prominent scholars: Dr. Rajan Khatiwoda, Dr. Simon Cubelic, and Prof. Dr. Axel Michaels, who have a deep understanding of Hindu jurisprudence practiced in Bharatbarsha.

Although attributed to Jang Bahadur Rana, the Muluki Ain was further improved by the law council (Ain Kausala), which consisted of around 230 members from various walks of life, including senior members of the Rana family, Rajgurus, Chautariyas, civil and military officers, and notable individuals from various regions. This contribution is duly acknowledged by the translators. Interestingly, the Muluki Ain also replaced the 'Kitabisawal' with the 'Mulukisawal' issued by the same council and published by Gorkhapatra Chapakhana in 1936.

As explained in the preface, the Muluki Ain is "a book that is more quoted than understood." This may be due to various interpretations and misinterpretations over time. The text predominantly encapsulates Brahmanical social ideas, legal concepts, and local practices, vividly portraying the socio-economic and religious complexities of mid-19th century Nepal.

The primary objective of this publication is to make the Muluki Ain accessible to a wider audience and inform them about its significance. While scholars have different opinions about it, very few have thoroughly read it. Many make sweeping statements about it, including both native and foreign scholars. Some foreign scholars have worked on the Muluki Ain, but their perspectives may not fully capture its essence. Societies evolve, and understanding the dynamics of a historical society is crucial. The Muluki Ain offers ample opportunities to understand laws surrounding caste and family systems, purity and sexuality, and punishment systems in 19th-century Nepal. The text covers penalties for a wide range of offenses, from serious crimes like theft and murder to minor infractions such as spitting and farting, offering a fascinating glimpse into the social norms and legal practices of the time.

The current translation will greatly aid scholars, researchers, and those interested in the socio-economic and political environment of South Asia and Nepal. One of the translators rightly argues that legal codification, a first step towards constitutional law, is not entirely a positive law nor based on the modern concept of equality before the law. However, it should be understood and analyzed as a historical text, a unique example of the codification process in South Asia at a time when such processes were limited to the Western world, starting from Europe with Prussia (1794), France (1804), the Habsburg monarchy (1812), and Japan (1896-1898).

Saubhagya Pradhananga, former head of the National Archives of Nepal, echoes this sentiment in the preface, stating that the book will become a crucial resource for understanding the role of law in the formation of modern Nepal. It will be useful for scholars, students, journalists, and others interested in how Nepal has evolved over time. Originally published by Heidelberg University, Vajra Books has now made this seminal work readily available to Nepalese and South Asian audiences. Bidur Dangol and Vajra Books deserve congratulations for bringing this work to the public. The book was published on the 20th anniversary of Vajra Books in Thamel, with a 20 percent discount offered on it.