Chapter 4: Malla Period. 

Chapter 4: Malla Period.  

a. Origin of Malla Dynasty.

Early Malla Period

• Post-Licchavi Era and Emergence of Malla Rule: After the fall of the Lichhavis, the Malla period began in the early 12th century. Prominent figures in Nepal began to adopt the title "Malla," which means "wrestler" in Sanskrit, symbolizing strength and power.
• Arimalla: Arimalla (1200-1216) was the first king to use the title "Malla." This practice was followed by subsequent rulers in Nepal until the 18th century.
• Empire Growth and Disintegration: Initially, the Malla rule, starting with Arimalla, expanded into a large empire. Over the next two centuries, it fragmented into smaller principalities, known as the Baisi (22 principalities) and Chaubisi (24 principalities).
• Early Administrative Role: Before becoming independent rulers, the Mallas were connected to the administration under the Lichhavi kings but were not powerful.

Transition and Establishment of Malla Rule

• Alternate Regimes: Following the weakening of the Lichhavi dynasty after Jayadev II, the Malla and Deva dynasties alternated in ruling Nepal. This period was marked by political instability.
• Rise of Jayasthiti Malla: Jayasthiti Malla's ascension marked the end of the alternation between the Malla and Deva dynasties. His reign brought stability and the establishment of a more consistent Malla rule in the Kathmandu Valley.

B. Malla King and Socio Political and economic systems: 

Jayasthiti Malla (Late 14th Century)

• Social Reforms:
  • Divided society into four varnas (Brahmin, Chhetri, Vaishya, Sudra) and 36 castes based on occupation.
  • Occupations and social roles were strictly defined, with Brahmins handling religious duties, Chhetris serving as warriors, Vaishyas managing trade and agriculture, and Sudras serving the other varnas.
  • Implemented specific restrictions and rules for lower castes, including prohibitions on certain clothing and housing materials.
• Economic Reforms:
  • Categorized land into Abal, Doyam, Sium, and Chahar based on productivity and fixed corresponding land revenue.
  • Introduced a new land evaluation system with specific measurements.
  • Replaced corporal punishment with monetary fines.
  • Allowed the sale and mortgaging of land and houses, even for Birta land.
  • Standardized weights and measures and developed trade with Tibet.
• Religious Reforms:
  • Erected images of various gods and goddesses-built temples, and managed Guthi for worship.
  • Made his statue in front of Pashupatinath temple and set up Bhairab near it.
  • Repaired the Chaitya of Swayambhu and constructed many other Chaityas.
• Literary Reforms:
  • Promoted Sanskrit and Nepali Bhasa and organized the translation of important Sanskrit scriptures.
• Judicial Reforms:
  • Formed a constitutional committee to create a legal code ("Manabnyaya Sastra"), the first written law in Nepalese history.
  • Instituted monetary punishment in place of corporal punishment.
  • Established new justice systems for various legal issues, including theft, slavery, and gambling.

Yakshya Malla (15th Century)

• Reign and Achievements: Yakshya Malla, the grandson of Jayasthiti Malla, ruled the Kathmandu Valley until the end of the 15th century. Known for his bravery and diplomatic skills, he strengthened and systematized the administration.
• Territorial Expansion: Extended the kingdom to Bengal in the east, Gorkha and Palpa in the west, Tibet in the north, and towards Magadha and Gaya in the south (though the southern extensions are debated).
• Defensive Strategies: Fortified Bhaktapur with a large wall to protect it from enemies.
• Division After Death: Following his death, the Kathmandu Valley was divided into three independent kingdoms: Kantipur, Bhaktapur, and Patan, leading to internal conflicts.

Division and Decline: 

• Fragmentation into Smaller States: Yakshya Malla's sons established separate states, leading to the division of the kingdom.
• Internecine Wars: The division resulted in wars among the Malla kingdoms for territorial and commercial gains, weakening them.
• Final Rulers: The last Malla rulers were Jaya Prakash Malla of Kantipur, Tej Narsingh Malla of Patan, and Ranjit Malla of Bhaktapur. Their kingdoms were weakened by mutual conflicts and external pressures.

Notable Kings

1. IN Bhaktapur:

• Raya Malla:
  • Opposed his brother Ratna Malla's efforts to dominate, leading to the kingdom's fragmentation.
  • Various kings followed, including Suvarna Malla, Vishow Malla, and Jagat Prakash Malla.
• Bhupatindra Malla:
  • Known for his religious devotion and significant contributions to art and architecture.
  • Constructed notable structures like the Pachpanna Jhyale Durbar and Nyatpole Dewal.
• Ranjit Malla:
  • Last king of Bhaktapur, known for his bravery.
  • His reign ended with the conquest by King Prithvi Narayan Shah in 1826 BS, after which he retired to Kashi.

2. In Kantipur:

• Ratna Malla:
  • Founded the state of Kantipur, initially helping his brother before establishing his rule.
  • Ruled for about 36 years and was succeeded by his son Narendra Malla.
• Mahendra Malla:
  • Famous for minting Mahendra Malli coins and establishing a favorable exchange rate with Indian coins.
  • Promoted trade and cottage industries, leading to economic prosperity.
• Pratap Malla:
  • Known for his religious works, such as building Ranipokhari and Hanuman Dhoka Durbar.
  • Promoted trade with India and Tibet and was a poet, calling himself 'Kabindra.'
• Jayaprakash Malla:
  • Last king of Kantipur, known for his bravery.
  • Faced internal political instability and was briefly dethroned.
  • Fled to Patan and later Bhaktapur during the Gorkhali invasion.

3. In Patan:

• Siddhi Narsimha Malla:
  • First king of Patan, known for constructing Krishna Mandir and improving the economic condition of the country.
  • Fostered good relations with Gorkha and resisted attacks from Kantipur.
• Sriniwas Malla:
  • Ambitious and established a parallel government, eventually taking the throne from his father.
  • Ruled Patan and died at the age of 104.
• Yognarendra Malla:
  • Ambitious and established a parallel government, eventually becoming king.
  • His death led to political instability in Patan.

Downfall Causes of Malla Dynasty: 

• Division into Tiny States: The Malla kingdom's division into smaller states weakened its unity and strength.
• Internal Conflicts: Continuous conflicts among the Malla kings of the Kathmandu Valley and power struggles in Patan.
• Patan's Pradhans: The six pradhans in Patan frequently changed kings to suit their interests.
• Prithvi Narayan Shah's Diplomacy: Effective strategies and diplomacy by King Prithvi Narayan Shah of Gorkha.
• Ranajit Malla's Short-Sightedness: Failure to anticipate and counter external threats.
• Jayaprakash Malla's Political Apathy: Lack of political engagement and leadership.
• Economic Blockade: The economic blockade imposed by Prithvi Narayan Shah further weakened the Malla kingdoms.

C. contribution of Mallas in the legal system of Nepal.

Manab Nyaya Sastra (Manavnyaya Shastra)

(Note* Following 9 points provide a detailed summary of Manab nyayasastra.)

1.Significance:

• Unified Criminal Justice System: First unified system of criminal justice in Nepal.
• Initiative by King Jayasthiti Malla: Aimed to end legal anarchy and create a comprehensive legal code.

2. Context:

• Ethical Degeneration: Lack of precise laws led to moral decay.
• Trigger Event: Theft from Pashupatinath Temple highlighted the need for strict laws.

3. Formation:

• Committee Members: Kritinath Upadhyaya, Kanyakunja Raghunath Jha Maithil, Shrinath Bhatta, Mahinath Bhatta, Ramnath Jha.
• Inspirations: Based on Narada Smritis and other holy texts like Manu Smriti, Yagyawalkya Smriti, Mitachhyara Tika, Brihaspati Smriti.

4. Content:

• 17 Parts: Includes laws on money lending, security, property partition, partnership, gift, wage, theft, marriage, defamation, violent crimes.

5. Main Provisions:

1. Land Management: Rules for managing and dividing land.
2. Caste System Jobs: Descriptions of jobs for each caste.
3. Land Transactions: Regulations on the sale and purchase of land.
4. Punishments: Based on the severity of the crime.
5. Lifestyle Regulations: Guidelines for daily life.
6. Women's Rights: Provisions for marriage and divorce.
7. Discretionary Power: Authority for decision-making.
8. House Construction: Procedures for building houses.
9. Evidence Handling: Methods for evidence collection, investigation, and identification.

6. Social Stratification:

• Caste Division: Society divided into Brahmin, Kshyeti, Vaisya, Sudra, and 64 jats.
  • Brahmins: Upper class, spiritual guides, royal priests, and advisors.
  • Kshetriyas: Political and administrative roles, military commanders.
  • Vaisyas: Farmers and traders.
  • Sudras: Lowest caste served other castes.

7. Caste-based Punishments:

1. Brahmins: No death penalty; property seizure or exile for heinous crimes.
2. Other Castes: Physical punishments (mutilation) and fines.
3. Disrespect to Brahmins: Severe fines and death penalty for lower castes.
4. Brahmin Offenses: Lesser fines for abusing lower castes.
5. Ambition of Lower Castes: Severe punishments for aspiring to higher caste status.
6. Physical Offenses: Mutilation of body parts used to commit crimes against Brahmins.
7. Hygiene Offenses: Mutilation for spitting, urinating, or excreting on higher castes.
8. Violence: Fines and exile for causing physical harm to Brahmins.
9. Religious Teaching: Severe penalties for Sudras preaching religion.
10. Priesthood Negligence: Fines for Brahmins neglecting daily worship duties.
11. Mixed Caste Issues: Penalties for children of mixed caste marriages.
12. Inter-caste Marriages: Fines for Brahmins marrying lower caste individuals.
13. Sexual Offenses: Severe punishments for sexual relations between castes, including mutilation and death.

8. Legal and Social Reforms:

• Extensive Legal Provisions: Detailed legal arrangements for various aspects of life.
• Land Measurement: Standardized measurement and classification of land.
• House Construction Standards: Guidelines for building houses.

9. Legacy:

• Historical Appreciation: Recognized for significant legal and social reforms.
• Influence on Later Laws: Influenced Civil Code of 1910 BS and New Civil Code 2020 BS.
• Criticisms: Noted for cruel punishments, caste-based discrimination, and unscientific investigation methods.

10. Ordeal System in the Malla Dynasty: 

Overview:

• Ancient Trial Method: Based on the belief that divine intervention would protect the innocent.
• Governed by Manab Nyaya Shastra: A legal code from the Malla regime.

Types of Ordeals:

1. Balance
   • Process: The accused's weight was measured twice using a beam balance.
   • Criteria for Innocence: If the weight increased on the second measurement, the accused was deemed innocent.
   • Setup: Beam balance fixed between two pillars, with specifications for size and placement.
   • Procedure: Weigh accused against a stone, take an oath, re-weigh. If weight increased, the accused was innocent.
2. Fire
   • Process: The accused had to walk across seven circles holding a red-hot iron ball on their palm.
   • Criteria for Innocence: If the accused's hand remained unburned, they were innocent.
   • Setup: Seven circles inscribed in an area of 224 Angulas, with increasing size and specific spacing.
   • Procedure: Accused fasts, bathes, and walks through circles with iron ball. Hand checked after three hours for burns.
3. Water
   • Process: The accused submerged in cold water to retrieve an arrow shot underwater.
   • Criteria for Innocence: If the accused sank and retrieved the arrow, they were innocent.
   • Setup: A Torana (structure) and a bow user who shoots arrows into the water.
   • Procedure: Accused dives to retrieve the middle arrow while submerged. Guilty if floating or unable to retrieve.
4. Poison
   • Process: The accused ingested poison under supervision.
   • Criteria for Innocence: If the poison did not harm the accused, they were innocent.
   • Setup: Use of Shangra poison in clarified butter, prepared under Brahmans' supervision.
   • Procedure: Accused fasts, ingests poison. If digested peacefully without pain, deemed innocent.
5. Kosa (Holy Water)
   • Process: The accused stood in wet clothes for two hours, followed by a tongue examination.
   • Criteria for Innocence: If no signs of guilt were found on the tongue, they were innocent.
   • Setup: Specific conditions like fasting and standing in wet clothes.
   • Procedure: Accused examined by king and ministers after standing in holy water for two hours.

Additional Ordeal for Females:

• Process: Boiling butter and retrieving a piece of metal.
• Criteria for Innocence: If no deformity was seen on fingers after retrieving the metal, the accused was innocent.
• Setup: A circular vessel with specific dimensions containing boiling butter and a piece of gold, silver, copper, or iron.
• Procedure: Accused retrieves the metal piece with fingers. Fingers checked for burns or deformities.

General Rules for Ordeals:

• Performed When: No witnesses available in a lawsuit.
• Consent Required: Both plaintiff and rejoinder must agree.
• Preparation: Accused must fast and bathe before the ordeal.
• Eligibility: Primarily for males; special provisions for females.

Historical Context:

• Pratap Malla’s Law: Specific practice involving touching sacred statues and testing guilt with hot lighted peuri.
• Divine Belief: Ordeals based on the belief that divine forces would reveal the truth.

C. Administration During Malla Dynasty

Three Levels of Administration:

1. Central Level Administration:
   • King: Supreme authority over all administrative matters.
   • Judicial Administration (Courts):
     • Kotling:
       • Location: Eastern part of the Sadra police station, in front of Hanumandhoka.
       • Jurisdiction: Civil cases related to the capital, state, public interest, marital affairs.
       • Authority: Could impose punishments (imprisonment or fine).
       • Appeal Process: Decisions could be appealed to the king.
       • Guidelines: Sanad, Rajagya, and Dharmashastra.
     • Itachapali:
       • Jurisdiction: Crimes against royals, homicide, cow killing, dacoity, other serious crimes.
       • Authority: Handled criminal cases within and outside the valley.
       • Additional Duties: Keeping legal documents, issuing legal documents, and record-keeping.
       • Appeal Process: Decisions could be reviewed by Dware and further appealed to the king.
   • Judicial + General Administration:
     • Raj-Rajsavha: Central governing body.
     • Chautara and Mahamatya: High-ranking officials.
     • Amatya, Praman or Mulmi: Senior administrators.
     • Dharmadhikar (Rajguru): Religious and judicial advisor.
     • Ditha and Bista: Local officials with administrative and judicial roles.
2. Regional Level Administration:
   • Judicial + General Administration:
     • Mahasamanta or Samanta: Regional governors with full administrative and judicial powers.
     • Mahapatra or Patra: High-ranking regional officials.
     • Mahamandalik or Pramukh: Head of regional administrative bodies, appointed by the king.
3. Local Level Administration:
   • Judicial + General Administration:
     • Praman: Local administrators for each Desh and Vishaya.
     • Dware: Respected village elders handling local disputes.
     • Chharidware: Appointed by the king to investigate and correct local injustices.
     • Nayak (Deshnayak): Local leaders solving minor disputes, especially related to water and pastures.
     • Pancha Praman or Pancha Samuchchaya: Panchayat members resolving village and Tole (urban area) cases.

Local Panchayats:

• Smallest judicial bodies.
• Handled community and village conflicts.
• Important for maintaining mutual relationship between the king and the people.

Additional Central Courts:

• Rajpra, Dhansar, and Taksar: Other central courts with less information available about their functions.

Local Judiciary Officers:

• Dhalpa: Oversaw canal-related cases and punishments.
• Thakali, Guthi Naike, Bhardar: Regional judicial officials in the Kathmandu valley.
• Chhebandel: Handled house construction disputes.
• Kot: Ensured local cleanliness and protection from external threats.
• Thana: Maintained peace and order.
• Birtawala: Managed cases related to Birta (land grants).
• Thari: Assisted in taking filed cases to the king and announcing the king's decisions.
• Umara and Bogati: Enforced peace in society.

Historical Context:

• Khas Region Administration by Mallas: 
  • Founding of Khas Malla Kingdom: By Nagraj in the western Terai.
  • Capital: Sinja.
  • Rule Duration: Approximately 300 years.
  • Last King: Abhya Malla.

Decline: Feudal fragmentation after Abhya Malla’s reign led to the emergence of multiple small states. 

          Prepared and edited by Madhu Dahal and Manish Rajak.