________________
34
INTRODUCTION TO JAINISM
established." The nomadic way of life had largely ceased to exist, but the family structure and a balanced social structure had not yet been fully established. The population slowly increased in numbers, and food and material resources which nature provided were running short. This resulted in an increasing desire to acquire and possess things, and with that the phenomenon we call crime was born. Therefore it became necessary to formulate social and political codes of conduct, and this resulted in a penal code. The Kulankara Nabhirāja had already introduced the state form and Rishabha was, at the people's request, crowned as the first king. The capital of his kingdom is said to have been situated at Ayodhyā. Rishabha formulated a penal code for the wellbeing of his people. This was the beginning of legislation and jurisprudence. He initiated a fourfold system of punishment. The first effort to bring someone back to the right path was: to shout loudly at the wrongdoer: “Ha! Ma! Dhik!"; the second was limitation of freedom of movement; the third was imprisonment, and finally mental torture by outcasting or ignoring them. There was no physical torture. All this was only meant to induce criminals to make the choice to henceforth lead the right way of life. Capital punishment of course does not fit within this frame. The intention was to make a person to see the light, first by persuasion, and then possibly by means of pressure or punishment. These laws were introduced out of love and compassion for all beings. If these are absent, such laws – as we know too well from past and present practices - can lead to terrible escalations. A head without a heart brings only misery. Ideally any law enforcement should be in strict harmony with the workings of karina. Finally, in the event of larger-scale conflict the authorities were allowed to sow discord among the enemy. According to some, this scheme was only implemented under the reign of Bharata.
The next great task for Rishabha was to organize food supply, shelter and protection for the people. He therefore
Jain Education International
For Personal & Private Use Only
www.jainelibrary.org
