History of The Sect of Maharajas
History of The Sect of Maharajas
History of The Sect of Maharajas
HISTORY
or THE
SECT OF MAHARAJAS, /
ORVALLABHACHARYAS,
WESTERN
LONDON:
CHAPTER I.
INTRODUCTION".
PAOK
ThePrimitiveElements
of the Hindu Religion 1
Classificationof ReligiousBooks -
TheVedas-theRig-Veda 3
TheYajur-Veda 6
The Sama-Veda 7
The Atharva-Veda #
TheTendency
of theVaidik Creed 0
The IJpanishads 12
The Six Vedangas 13
The Four Vedop&ngas 14
The Eighteen Puranas ib.
The Four Uparedas 15
CHAPTER II.
Causes-which
gaveRiseto variousSects Ill
Chief Sects *. 19
Vaishnavas,
R&manujas 22
Mmanandis 2-1
Kahir Panthis ib.
JDaduPanthis , 23
M&dhw&MrSs 20
Kimb^rka or Kim^ivats 27
S'aivas \ $.
Dandis 28
Yogisor Jogis //;.
Jangams 29
Paramahansas ,7,.
CONTENTS.
CHAPTER III.
Theworship
of BalaG-opala
orBalaKrishna...
- 34
Yishnu Svami 35
The birth of Yallabha or Yallabhacharya ib.
His Education and Travels * .- 37
His Success
at the Court of Yijayanagar ib.
His Personal Yisit to the God Krishna 38
His Written Works, a List of 39
His Marriage
with MahLakshmi.... -. 40
His Two Sons ib'
4*
CHAPTEB, IV.
The BhagavataPurana , 43
ThePremSagar(or,Ocean
of Love),a partof theBhagavata
Pur&na ib.
Extracts
fromthePremSagar--the
Amorous Sportsof Krishna
-
Krishnacompels
Cowlierdesscs
to comein a stateof Nudityintohi*
presence 49
TheWomanwhofixedherThoughtson Krishna 51
Krishnasportswith Cowherdesses ,53
TheCowherdesses
deserted
by Krishna 57
CONTENTS.
CHAPTER V.
The Maharajasrepresented
with all the Perfectionsof the Deity 83
The GuruS'eva,or-GuruWorship 84
The Commentaryof Gokulnathji on to, man, and dhan 85
The Doctrine of Adulterous Intercourse . 86-87
The Rasabh&van§;
(LoveFaith)" , 90
TheStoryof GangaKshatriani,
a FemaleDevotee 92
TheStoryof TwoPersons
whoobtainedaHeavenlyPosition,
notwithstanding
their having committedAdultery 93
The Story of Krishnadasofferinghis "Wifefor Immoral Purposes » 95
The Boots of Authority in the BrijabhashS..
(Language),a List of 97
CHAPTER VL
WORSHIP AN3>*PSALMODY.
CHAPEK VII.
EFFECTS
OFTHEDOCTRINES
ANDWOESUIP
OFTHEVALLABHAO
Worship
oftheMahar&jas
asImpersonations
oftheDeity
Sensual
Degradation
oftheIdea
ofSpiritual
Re-union
with«o,I.......
Servile
Submission
of theVallahhach
firyarns
totheMahftrftjus
Corruption
of FemaleVirtue """
The"RasMandalis,"
orCarnal
LovoMeetings
*
CHAPTER VIII.
PEOFLIGACY
OF THISMAIIAI«(JAS.
Character
andTrainingof the Mahfiir(xj
as
Their Influence over "Women ....
NativeTestimonies
to the Profligacyof the Sect
Testimonies
of Anglo-Indians
CHAPTEB IX.
CHAPTER X
THE MAHARAJAS IN
Causes
of the ImpendingFall of the
Their Disputeswith the Brahmans
TheirObjection
to attendCourtsof Justice
TheComments
of theNativeNewspaper**
TheSlavery
Bond
CONTENTS.
XT
CHAPTER X.I.
Examination
of Mr.Karsandas
Mtilji, tae I> ef endant .................... 12
Dr. John Wilson .................. - ............................. 22
3i
Mr. Mathtfcada.5Lavji .......................................
39
Dr.BhtaDfiji ...................................................
Dr. DMrajramDalpatr§.m........................ -........... 43
,, Mr, Lakhmidas Khimji ............ "- ........................ 4-1-.
Mr. Chatur<bhuj..Wfilji
.......................... »............ 51
Mr. DamodarJetha,.......... . ...... .. .......................... 5Ji
Mr. Mangaldas^Tathubliai ................................ .... t^.
- Mr. TMfcarsi N^ranji ........ - .................. .. ............. 63
. Mr. Eavji Sundardks ...... .., ............. ............. ....... ib*
}, Mr. Xarmdashankas Lalsb-arLkar ................ »,..., ..... t5.
Mr. JST^nlibliai
Bustamji, tlie IPrinter ........ ........ ........ 54
EVIDENCE
FOETHEPLAINTIFF.^
Examination
of Yelji Makanji ............. . ...... . .............................. ^.
ShriJadunSithji Brizratanji IM^ali§.r6j,the Plaintiff ...... 55
Judgmentof SirMatthew Sausse, ChiefJustice ............................ ........ 70
Judgmentof SirJoseph. Arnould.................. . .............................. ^ft 37
TheIndianPressontheMaharaj LibelCase........ .......................... 130
TheComments of theBombay Vernacular Presson tlie ImmoralPractices of
theMaharajas .......................................... j^y
\ ""
\
HISTORY
OF Tine
OE YALLABHACHAKYAS,
IN "WESTEKN" INDIA.
CHAPTER I.
INTRODUCTORY REMARKS.
Six Veddngas.
1. S'IZSHA.
2. CEHAITOA. 5. JTOTISHA.
3. YYAKAEAKA. 6. KALPA.
Four Vedopdnffas.
1. MIMASTSA. 3. DHAHMA-S'ASTRA.
2. ISTTATA, 4. PtTKAlfAS.
Four Upavedas.
1. ATUEYA. 3. GANDHAUVA.
2. DHAISTAETA. 4. ABTHA-S'ASTKA.
theDevanagari
character;
andaresupposed
tonaveoriginally
consisted
of three,namely,the Rig-veda,
the Yajur-veda,
and
the Sdma-veda.To these,the Atharva-veda,which is not
considered
of equalsanctity,andis of lessauthoritythan the
pthers, wassubsequently
added.
Each of theseVedasconsistsof two distinct parts: the
Sanhitd, or collection of Mantras, and Brdkmana. The
Sanhitais "the aggregateassemblage, in a singlecollection "
of the prayersand hymns; the Brahmanais " a collection of
rules for the application of the mantras,directions for the
performanceof particularrites,citations of the hymns/3 illus-
trations, and legendary narrations.*
The RIG-VEDAtakes precedenceof the rest; for, as Mr.
Muir says, "the Taittiriyas, or followers of the Slack
Ycyur-veda,recordthat whatever sacrificalact is performed
by means of the Sdma- and Yajur-vedais comparatively
slender; whatever is done by means of the Rig-veda is
strong :"t and the Kaushltaki Brahmana, which does not
mention the Atharva-veda, calls the Yajur- and Sdma-veda
" the attendantsof Rig-veda"J The first of the four Vedo-
pdngas also, the Mimdnsd, makes mention only of the
three first Vedas; and what still further establishes the
priority of the Rig-vedais that someof the hymns of the
Yajur-veda
andall thoseof the Sdma-veda
arederivedfrom
thoseof the Rig-veda. *
It is probablethat originally therewas but onetext of the
four Vedas. Tradition saysthat " Vydsa having compiled
and arrangedthe scriptures,theogonies, and mythological
poems,taughttheseveralVedas to asmanydisciples. These
disciplesinstructedtheir respectivepupils,who, becoming
teachersin their turn, communicated
the knowledgeto their
owndisciples,
until at length,in the progressof successive
* "Wilson'sRig-yedaSanhit&,
i., Introduction,p. ix. andx.
f Muir'sOrig.Sansk.
Texts,i. p. 86. " %MullensAnc.Sansk.
Lit., p. 457.
4 HISTOEY OF THE SECTOF MAEAH&TAS.
IN thelastchapterwetooka briefandrapidreview-
sacredwritingsof the Hindus. It wasto be expecte<
manyconflicting
opinions
wouldoriginate
in sucha m
doctrine,commentary,andinterpretation, the heterogc
subjects
introduced,andtheerrorsandmisconceptions
polatedby transcribersin the lapseof centuries.
opinionsled progressively
to divergentviews,strained
timesto excessby the subtleartificesof a c'rafty pries'
promptedby the instigationsof a paramount self-int
and sometimesby the enthusiam of the devotee, who
scientiouslyconceiving that he had, in his meditc
detectedthe true path, was anxiousthat his contempt
and posterityshouldnot be lost in intricate by-ways, t
promulgatedhis peculiarviews,which ensuredadvocate
followers.Thus,in the thousand
and onemodesby "
new opinions are disseminated and adherents fouuc
Hindu religion, like the other religions of the worlc
generated sects and sectaries,and the number of thos
are dissentient in their tenets and their ceremonies is )
tudinous.
agreed,
ledto similardifferences
in thephilosophical
class,
and resolveditself into the severalDarsanas,or schoolsof
philosophy."*
"To theinternalincongruitiesof thesystem,whichdid not
affectits integralexistence,,
otherswere,in time,superadded
that threatenedto dissolveor destroy the whole. Of this
nature was the exclusive adoration of the old deities, or of
newformsof them; and even,,it maybe presumed,, the intro-
ductionof newdivinities. In all theserespects,,
the Pur anas
andTantraswereespecially
instrumental;atodtheynot only
taughttheirfollowers
to assert
theunapproachable
superiority
of thegodstheyworshipped,but inspiredthemwith feelings
of animositytowardsthosewho presumedto disputethat
supremacy.In this conflictthe worshipof Brahma htus
disappeared,
aswell as,indeed,that of the wholepantheon,
exceptVishnu,Siva,,and Saftti, or their modificatioriH. With
respectto the two former, in fact,,tlio representativeshave
borne away the palm from the prototypes,and Krishna,
Jftdma,
or theLinga?,
arealmostthe only formaunderwhich
Vishnuand Sivaarenow adoredin xnostparts of India.
"The varietiesof opinionkept pacewith those'ofpractice;
and six heretical schoolsof philosophy disputed the pre-
eminence with their orthodox brethren. Wo have little or
* H. H, Wilson'sWorks,vol. i. p. 3 to 6.
RELIGIOUS
SECTSOF THE HINDUS. IQ
* H, H, Wilson'sWorks,vol.i. p. 3 to 6.
20 HISTORY OF THE SECT OF MAHA'EAJAS.
The Vaishnavascomprisethe-
1. "Rdmantijas,
or SSri
Sampraddyis,
or SriVaish-
2. Bamdnandfs, or Bam£vats.
3. Kabfr Panthls.
4. Khakis.
5. MaMk Basis.
6. D&dii Panthis.
7. BayaD&sis.
8. Senais.
20. Sanny&sis,
Vairdgis^and Nagas.
The Sdktascomprisethe-
1. Dakshinis.
2. Vamis.
3. Kanchaly&s.
4. Kar&ris.
1. OMnapatyas.
2. Saurapatas,
Siirya-Upashakas.
3. N&nak SMhis, of which there are sevenclasses,viz.
a. Uclisls.
b. Ganjbakhshis.
c. Eamrayis.
d. Suthra Shfflxis.
e. Govind Sinhis.
f. ISTirmalas.
g. Nagiks.
4. Jainas,of two principal orders;
a. Digambaras.
b. Swet&mbaras.
5. BaMLalis.
6. PranNathis.
7. SAdhs.
8. Satnamis.
9. SivaNdraydnls.
10. Sunyav£dis.
BADIT ;PANTBrS.
CHAPTER III.
displayed,
that he bestowed uponhim rich presentsof gold
andsilver. A portionof thesehe devoted
to themanufacture
of a handsome
goldenwaist-ornament
with which to decorate
the imageof thedeityin a templeof that city, andanother
portionhe appropriated to the dischargeof debtsincurred
by his fatherandleft unpaidat his death. The fourthonly,
of thepresentsdid he reserveto himselfto meetthe possi-
bility of his needs.
It was his successin this disputation with the Smarta
Brahmans which causedhim to be elected by the Vaishnavas
as their chief, with the title of A'charya,and thence dates
the rise of his great influence. "He travelled to TJjayin,
and took up his abodeunder a pipal tree, on the banks of
the Sipra,which is said still to exist and is designatedas his
baithak, or station. Besides this we find traces of him in
other places. Thereis a baithak of his amongstthe ghatsof
Muttra; and about two miles from the fort of Chanar is a
placecalledhis well, Achdrj JKudn,comprisinga templeand
math)in the court-yardof which is the well in question. The
saint is said to have residedhere sometime/'* He then pro-
ceededonwardsto Allahabad, and thence to Benares,where he
remained to completehis studies,preparatory to inculcating the
doctrineshe hadbeenalwaysmeditating. His pilgrimagestill
continued, and he went to Badri-kedar and thence to Haridwar.
He travelled for nine years throughout different parts of
India, consideredby the Hindus as exclusivelycomprising
the world, twice circling this world, and in his peregrination
passing over a space of twelve thousand miles. On his re-
turn to Brinddvan, as a reward for his fatigues and for his
faith, he was honouredby a visit from the god Krishna in
person,who then enjoined him to introducethe worshipof
B&la Q-opala or B&la Krishna, the infant Krishna, and found
his faith, which becamewidely diffusedthroughout"Western
* H. H. Wilson's "Works,yoL i. p. 120.
ITS ORIGIN. 39
VivekaDhairdsraya.
Krishnasraya.
Bhakti Vardhani.
Jalabheda.
SannyasNirnaya.
Mrodha lakshan.
Sev4phala.
Purushottam Sahasrandma.
40 HISTOBYOFTHE SECTOF MAHA'EAIAS
:
dispersed
throughout India. In Bombaythere are eight or
ten,fifteen or sixteenat Grokul,and one or two at eachof the
followingplaces, namely,Surat,Ahmedabad, ISTagar,Cutch,
Porabandar,Amreli, Jodapur,Bundi, Koti, etc. Of these
sixtyor seventy Maharajas,
there are onlytwo or threewho
"haveanyknowledge of Sanskrit:the restaregrosslyignorant
andindulge merely in sensualityand luxury. They,how-
ever,fear no desertion,owing to the infatuationof their
followers,a,nd never take the trouble to preach,but give as
an equivalent public exhibitionsin their templesto divert
attention. ff "Vallabhacharyataught that privation formed
no part of sanctity, and that it was the duty of the teacher
andhis disciples to worshiptheir deity not in nudity and
hunger,but in costlyappareland choicefood; not in solitude
and mortification, but in the pleasuresof society and the
enjoyment of the world In accordance with these
preceptstlie gosains,or teachers,are always clothed in the
best raiment, and fed with the daintiest viands, by their
followers, over whom they have unlimited influence
Thesegosains are often largely engagedin maintaining con-
nectionamongst commercialestablishments in remoteparts of
the country : they areconstantlytravelling over India under
pretenceof pilgrimage to the sacred shrines of the sect; and
on these occasions they notoriously reconcilethe profits of
tradewith, tlie benefits<5fdevotion. As religious travellers,
however,this union of objectsrendersthem more respectable
than the vagrants of any other sect." Priestly craft is ever
alert to obtain by fair means, or foul, the wealth needful to
the sustentation of its power and self-indulgence. This is a
vicenot limited in its operationsto India, or to the chiefsof tlie
sectsof the Hindu religion: it pervadesall humansociety,
with greater or lesserenergy. The schemeis supported
.by veryplausible andjust reasoning, for it is but right that
thosewhosefunctionis exercised for the behoofof societyat
46 HISTOBY OF THE SECTOP MAEABAJAS:
CHAPTEE IV.
IN treating-generally
of thesacredwritingsof the Hindus,
we havebriefly noticedthe eighteenPur&nas,which are
evidently the productionsof the later or nonvedic period.
TheBh&gavata Puranais the chief authorityof the sectof
Maharajas, or Vallabhacharya.It consistsof twelve books,
in the tenth of whichthe historyof Krishna,*asthe eighth
incarnationof Vishnu, is given in ninety chapters. This
tenth book has beentranslatedfrom the Sanskrit into Brija-
bhasha,under the name of "Prem Sagar, or the Oceanof
Love;" and it was this that Vallabh&charyaselected,on
which to founddoctrineshe designedto teach. To this work
we must look as the source whence the Maharajas deduced
originally the ideaswhich they have gradually expandedinto
the desecratinglibertinism which they practise.
We shall commence by quotingthoseportionsof the "Prem
Sagar" which weconceivehavemostdirectly led, by the force
of exampleand possiblyby infatuation, to the practices at
presentfollowed in the temples of the Mah&rajas. Vy£sa
(believedto be the metamorphosed Vishnu) is the reputed
author of this work, and it is therefore held as a revelation
from the deity himself,is consideredof the highest authority,
* The worship of deified heroesis no 'part of the Vedic system; nor arc the
incarnationsof the deitiessuggestedin any other portion of the text which I have
yetseen. Accordingto the notionswhichI entertainof the real historyof the
Hindu religion, the worship of Rdma and Krishna by the Yaishnavas, and of
Mahddeva
and Bhavdniby S'aivasand S'aktas,has "beengenerallyintroduced
sincethe persecutionof the Bauddhasand Jains. The institutions of the Vedas
are anterior to Bauddha,whosetheology seemsto have been borrowed from the
systemof Kapila.-Cokbrooke on the Hindu Religion,p. 67, 68.
CHIEF AUTHORITY OF THE SECT. 49
lie alsosilentlyapproached,
andbegan
fromhisconcealed
position,.
to look on. At last, ashe gazed,a thought enteredinto his mind,
whereupon,
haying
stolen
all theclothes,
heascended
intoaKadam
tree, andhavingtied themin a bundle,placedthem beforehim.
Heanwhile, when the cowherd
esseslooked,the clotheswere not on
the bank;then,beingconfounded,
theybegan
to stretchforththeir
necks and look in all directions, and to say one to the other, * Just
now not evena sparrowhascomehere; sister,who has carried off
our clothes?' Meanwhile, one cowherdessobserved that, 'with a
diadem on his head, a staff in his hand, an ornamental mark on his
forehead made-with saffron, wearing a necklace of wild flowers,
clothed in yellow silk, havingthe clothestied up in a bundle,and
maintaining profound silence,the divine Krishn, mounted on a
Kadam tree,is seatedconcealed.'She,on beholdinghim, cried out,
*Companions ! seehim, the stealerof our hearts,the stealerof our
clothes, holding the bundle, is seated,enjoying himself in the
Kadam tree.' Having heard these words, all the other young
femalesof Braj beholdingKrishn, were abashed, and, plunginginto
the water,with joinedhandsand bent heads,said,in a supplicating,
coaxing manner,
"' Friend of the poor!-grief-dispeller!-dearone! please,
Mohan! gire us-
back our clothes.'
Hearingthis,Kanh&fsaid,' Thuswill I not givethem,I swearby ETand;
Oneby onecomeforth, then receiveye backyour clothes.'
"The girls of Braj angrily replied, 'A goodly lesson this which
you havelearned,to bid us comeforth naked! now, if we go and
tell our fathersand our brothers,then they will comeand seizeyou,
raising the cry of '' Thief!" and if we tell Jasodaand Nand, they
will teachyou a pretty lesson. We have somemodesty," you have
done away with all respect.'
"As soon as he heard these words, Krishn, enraged, said,
*!N"owyou shall get back your clothes when you send and fetch
them; and if not, not.' Hearing this, the cowherdesses said,
alarmed,*Kind to the poor! thouwhocarestfor us,thou truly art
theprotectorof ourhusbands."Whom shallwe bring? For your
sakeit is that, fasting,we bathe in the month of Magashir.'
Krishnsaid,<If youarebathingin the monthAghanfor me,giving
meyouraffection, thenlay asideyour bashfulness
andevasion, and
come and take your clothes.' "When the divine Krishn Chand
spakethus, then all the cowherdesses,
having consultedwith one
another,
began
to say,'Come
on,companions!
whatMohansays,
CHIEF AUTHORITY OF THE SECT. 51
that aloneis to be attended to; since he knows all the secretsof our
minds and bodies, what place for bashfulnesswith him ?' Ttfus
having determined
amongstthemselves,
and obeyingthe words of
Krishn, hiding with their hands their breasts and the parts which
modestyconceals,the young women all issued from the water, and,
having bent their heads, stood before him on the bank. Then
Erishn, laughing, said, 'Now let each join her hands and advance,
then I will give the clothes.' The cowherdesses
said,
"* Why doesNand's darling act deceitfully to us, simple maidensof Braj ?
He hastricked us; our consciousness
and senseare gone,.suchpranks have
you played,0 Hari !
Taking courage,we havedonewhat we are ashamedto do ; now, 0 lord of
Braj ! performyour part.'
"When the cowherdesses, having spokenthesewords, joined
their hands,then the divine Krishn Chandgavethem their clothes,
and approaching them,said,' Do not takethis matter ill ," this is a
lessonwhich I have taught you, for in the water is the habitation
of the god Yarun. "Whoever, therefore, bathes in the water naked,
all his moral and religious qualities passaway- Seeingthe affection
of your mind I was pleased,and have revealed this secret to you.
Fow go to your houses,and, returning in the month of Katik (the
secondHindu month), dance with me the circular dance.'"
" One woman of Mathura, whose husband would not suffer her
to go, fixed her thoughts on Krishn, and, quitting her body, went,
and, beforethem all, was united with him, as water goes and unites-
itself with water; and, after her, all the others, proceeding on,
arrived there, where the divine Krishn Chand, together with the
cowherds,was standing, under the shade of a tree, leaning with his
hand on the shoulder of a comrade, with a triple bend in his body,.
and holding in his hand a lotus-flower. Soon as they arrived, they
placedbeforehim the plates, and making their obeisance,and gazing1
in the face of Hari, beganto say to one another, ' Sister ! this is he,
the sonof Nand, whosename we have heard from time to time, and
on whom we have fixed our thoughts. Now, beholding his moon-
like countenance,
gratify your eyes,and enjoythe fruition of life.*
Thus having spoken,and having joined their hands,with humble
supplication they beganto say to the divine Krishn, ' Compassionate
Lord! without thy favour,whereis a sight of thee accorded
to any
one? Happyis our fate this day,that we have obtaineda sight.
of you, and becomefree from the sins of each successivebirth.
52 EISTOBY OF THE SECT OF MAHABA7AS.
Sire! that riches, those relations, and that shame, is worthy Oof
praise,which is usefulto you, and that aloneis penance,
invocation,
and knowledge,into which thy name enters.' Having heard these
words,the divine ErishnChand,having inquired after their welfare,
began to say, -
111
Make no reverentialsalutationto me ! I am hut the blue hoyof the chieftain
Nand.
Beauty,the divineKrishnCliand,as,duringthefourrainymonths,
the riversrun violently and mingle with the ocean,then the scene
wassuchthat Bihari Lai hasno powerto expressthe heautyof that
adornment, for Hari, deckedout with ornaments,and dressedas a
juggler,appeared
soheart-delighting,
beautiful,andcharming,that
theyoungwomen
ofBraj,beholding
him,remained
amazed.Then
]$ohan,
afterinquiringaftertheir welfare,assumed
a peevishtone,
andsaid,* Tell mehow,at this time of night-the hourof goblins
and ghosts-youhavepassed
this dreadroad,and comeinto th©
vastforest,with your clothesand ornamentscast on at random,ia
a stateof extremeagitation,and having abandoned J;heregarddue
to your family ? It behovesnot women to act so boldly. It is
said, that " should a womanhave a husband,who is a coward,
vicious,stupid,deceitful,ugly, leprous,blind of oneeye or of both,
lame of hand or foot, poor, or aught else, even then she ought to
servehim, and from this alone her welfare and estimationin the
worldarise.7' It is the duty of a well-born and chastelady not to
leaveher husband,evenfor a moment,and that wife who, quitting
her own spouse,goesto anotherman, finds, in successivebirths,
hell asher habitation/ Thus having spoken, he added, ' Hearken !
youhavecome,haveseenthe denseforest,the clear moonlight,and
the beautyof Yamuna'sbank " now return home,and,with earnest-
nessof purpose,wait on your husbands. By this your welfare will
be in everyway consulted.' Soonas they heard thesewords from
the mouth of the divine Krishn, all the cowherdesseswere for a
time indeed, bereft of sense,and buried in a boundless ocean of
thought;-afterwards,
" "Withdowncast
lookstheydrewdeepsighs,aridstoodscratching
the ground
with the nails of their feet;
Fromtheir eyesa stream
of tearsdescended,
like abrokennecklace
of pearls!
"At length, beingdeeplyagitatedby grief, they beganwith sobs
to say,'Ah, Krishn! you are a greatdeceiver! At first, indeed,by
playingonthe flute, you stoleawayour judgment,thoughts,mind,
andall that we possessed;and now, turning pitiless,and practising
deceit,you desire,by your cruel words, to deprive us of life.' Thus
having spoken,they added,
" *Polk, kinsmen,
house,andhusband,wo have left; neglected,
too, the re-
proachof people,to which wo arc exposed.
We aredefenceless,
thereare noneto aid us; give us protection,
Lord of
Braj!
Theyhaveforgotten
knowledge
andreflection
; I will go andleavethorn,
sincetheir pridehasincreased/
" ' Let us seewhat they will do in the forest without inc, and
what will be their condition?' Thus having reflected, the divine
EJtishnChand,taking with him the divine Iladlukii, disappeared
from sight. "
As manycowherdesses
as there were,just so many bodiesdid the
divine Krishn Chand assume,and, taking all with him to that same
terrace of the circular dance, he again commenced dancing and
delight.
The cowherdesses joined hands two and two, between each two was Hari,
their companion;
Eachthought him besideher-so thought all; noneperceivedhis other forms;
Each put her fingersinto the fingers of another,and dancedgaily, circling
round, taking Hari with them;
Here,intermediate,
(danced)a cowhcrdcss,
thero,intermediate,
the sonof
Nand, like denseclouds on all sides,and betweenthem the flashing
lightning,-
Krishn,of the dark bluehue,and thefair girls of Braj-like a necklace
of
gold beadsand sapphires.
£4 HISTORY OF THE SECTOF MAHXRA7AS.
When the divine Krishn Chand, with such explanations and advice,
had addressedNand, then that chieftain, at that very time, having
summonedcriers, causeda proclamation to be made throughout the
city to this effect,' To-morrow,at early dawn, all will togetherpro-
ceed to Mathura: the king has summoned us.' On hearing this
intelligence, all the inhabitants of Broj, as soon as it dawned, came,
bringing presents; and £Fand also, taking with him milk, curds,
butter, sheep, goats, and buffaloes,having caused the cattle in his
carts to be yoked, went with them. Krishn and Baladev also, tak-
ing with them the cowherdyouths, their companions,mountedon
their cars,- «,
In frontwereNandandUpanand;in rearof all, HaldharandGoyind."
The saintly Shukadevsaid, "Lord of the earth ! all of a sudden,
having heard of the departure of the divine Krishn Chand, all the
cowherdesses of Braj, much agitated and distressed,left their homes?
and aroseand hastenedin confusion,and lamenting and talking
incoherently,stumblingand falling, camewherethe divine Krishn
Chandwasseatedin his car. On comingup, they stoodaroundthe
car,and,joining their hands,beganto saywith humility, ' Why, 0
Lord of Braj! doyouforsakeus ? we have'givenall we possessed to
5
66 HISTORY OF THE SECT OF MAHARAJAS.
* Thereis anequivoque
here. A-krur signifies"not cruel," thoughit is here
a proper name.
CHIEF AUTHORITY OF THE SECT. 67
The saintly Muni Shukadev said, " Lord of the Earth! when
Udho had finished repeatinghis whispered invocations,then,
having issuedfrom the river, having put "on his clothesand orna-
ments, and taken his seatin his car, when he took his way from the
bank of theKalindi towardsthe houseof Nand, then the cowherd-
esses,who had goneforth to fill water,beheldhis caron the road,
comingfrom a distance. Onbeholdingit, they beganto sayamong
themselves,' Whoseis this carwhich is comingtowardsus ? Let
us take a surveyof this, then let us advance.' Hearingthis, one
cowherdess amongthemsaid,' Sister! it maybe, perhaps,that the
deceitfulAkrur mayhavecome,who led the divine Krishn Chand
68 HISTORY OF THE SECT OF MAHARAJAS.
And as the bird deserts the tree which is destitute of fruit, just so
Hari has abandonedus; we have bestowed on him our all; but still
he has not becomeours/ Sire! when the cowherdesses,inspired
with love, hud in this mannerspokenmanysuchwords, thenU'dho,
havingbeheldthe firmnessof their affection,whenhe wasaboutto
CHIEF AUTHORITY OF THE SECT. 69
rise "with the intention of making his obeisanceto them, then, im-
mediately, a cowherdess,having seen a black bee sitting upon a
flower, under pretenceof addressingit, said to Udho,- .
"'0 honeymaker! thon has drunk the juice of the lotus-feetof
Madhav; hencehast thou the name of Madhukar (the honeymaker),
and tkou art the friend of a deceitful one; for this very reason he
has madethee his messenger,and sentthee; touch not thou our feet,
for we know that all of a dark-blue hue are deceitful; such as thou
art, just suchis Krishn; wherefore,do not thou saluteus. Just as
thou wanderest about, drinking the juice of various flowers, and be-
longingto none,just so Krishn also makeslove,yet*is constantto
^none/ The cowherdesswas thus speaking, when another black bee
came,seeingwhich, a cowherdess,named Lalita, said,-
* 0 bee! doyouremain apartfrom us, and go and tell this in the city of Madhu,
Where the divine Krishn Chand and his humpbacked consort dwell
at ease; for why should we speak of one birth ? this very custom is
yours through successivebirths. King Bali gave you all he pos-
sessed
; him you sent to Patal, and a virtuous wife like Sita, you,
" innocentas she was, expelled from your house. "When you brought
this conditionon evenher, then what greatlosshavewe suffered?'
Thus having 'spoken, all the cowherdessestogether joined their
hands,and beganto sayto Udho, 'Illustrious Udhoi we, deprived
of the divine Krishn, are widowed; do you take us with you.'"
The saintly Shukadev said, " Sire! on these words proceeding
from the mouth of the cowherdesses,Udho said, ' The message
which the divine Krishn Chand sent, that I will explain to you and
tell-do you listen with attention. It is written, ""Do you abandon
the hopeof sexual delight and practise devotion, I will never sepa-
rate from you;" and Krishn. says,"ITight and day you flx your
thoughts on me, and for this same reason I hold none so dear as
yourselves."'
" Thus having spoken Udho added, ' He who is the First Male,
the ImperishableOne, Hari, on him you have always fixed your
affection, and whom all extol as the Invisible, the Unseen, the
Impenetrable,him you regard as your husband; and as earth, wind,
water,fire, and air dwell in the body,BOthe SupremeBeing dwells
in you,but by the quality of illusion appearsseparate. Continue
to fix your recollectionand your thoughts on him; he always
remainsaccessible to his votaries,and from contiguity,perception
and meditationare destroyed;on this account,Hari has goneto a
distanceand fixed his habitation, and the divine Krishn Chand
70 HISTORY OF THE SECT OF MAHA'BAJAS.
"When
youforgothis divinity,the chiefof Yaduvanished
fromsight.
t«
" *Again, whenrecoveringyour perception,you mentally fixed
your thoughts upon Hari, then forthwith, knowing the devotion of
your hearts,the SupremeBeing cameand appeared
to you." Sire!
soon as these wordsissued from the mouth of U'dho,
He who is possessed
of all good qualities, and gifted with all beautiesof
form, how canhe be quality-lessand form-less;
Sincein his dearbodyour soulsarewrapped
up, whowill giveearto your
words ?"
Oneof the companyarose,and, after reflection,said,*Conciliate Udho.
Saynothingto him,sisters! but hearMswords,andcontinuegazingonhis
countenance/
Onesaid, ' It is not his fault; he camesentby Kubja.
Now, asKubja hasinstructed him, that very strain he sings.
Krishn would neverspeakthus, as, sincehis arrival in Braj, he has spoken.
By hearing suchwords, sister! thorns pierceus-we cannotendureto hear.
He tells us to abandonsexualdelight and practisedevotion; how canMtidho
(Krishn) havespokenthus?
Inaudible repetition of the Divine name, penance,abstinence,vows, and
religious observances;all theseare the (befitting) practicesof widows.
May the youth Kanh&i live on through successive ages; he who bestows
happinesson our heads.
While one'shusbandsurvives,who makesuseof the ashesof cowdung? tell
us where this custom is observed !
For us vows, devotion,fasting are in this, to regardwith unceasingaffection
the feet of the son of Nand.
Who will imputeblameto you, Udho ? Kubja hasled us all this dance.
Thus far having related, the saintly Muni Shukadev said, " Sire !
when U'dho heard from the mouths of the cowherdesses words such
as these, imhued with affection, he then mentally regretted that he
had spoken to them of penance, and with a feeling of shame he
preservedsilenceandremainedwith hent-downhead. Then a cow-
CHIEF AUTHORITY OF THE SECT. 71
narratedstoriesandPuranas;goodandholymensangthe praises
of Hari duringthe eightwatches;charioteers,
yokingcontinually
chariotsandcars,broughtthemto theroyalgate; demigods,
heroes,
champions,and warriors-of tbe race of Yadu, mountedon cars,
chariots,elephants,and horses,came to salute the king ; skilful
personsamusedhim by dancing,singing,and playing; panegyrists
and bards,chantingeulogiums,receivedelephants,horses,clothes,
weapons,grain, money, and ornaments of gold, studded with
jewels."
Having related thus much of the history, the saintly Shukadev
saidto the king, " Sire! in that direction indeed,in the royal city
of king TJgrason,in this manner, various kinds of amusementwere
going on, and in this direction the divine Krishn Chand, the Root
of Joy, with his sixteenthousandonehundred and eight youthful
wives ever indulged in sports. At times, the youthful ladies, over-
poweredby their love,dressedthemselves
in the guiseof their Lord;
at times,the enamoured Hari adornedhis wives. And the sports
and pastimeswhich they mutually practisedexceeddescription;I
cannotdescribethem,that couldonly be doneby a spectator."
Having said this much, Shukadev said, " Sire! one night the
divine Krishn Chandwas diverting himself with all his youthful
wives., and beholding the various actions of the Supreme Being,
celestialchoristersand musicians,playing on lutes,timbrels,pipes,
and kettle-drums, were singing the excellences(of the Deity), and
there was a harmonious concert, when, as they sported, a thought
entered the mind of the Supreme Being, whereupon, taking all with
him, he went to the bank of a lake, and, entering the water, began
to sporttherein. Then, asthey playedin the water,all thewomen,
being filled with blissful love ibr the divine Krishn Chand,lost their
corporealand mentalconsciousness,
and seeingthe male and female
Anas Casarcaseatedon oppositesidesof the lake, and calling to each
other, they said,
10 rudelygoouc
! whydostthen call out mournfully? whyslccpost
thounot
at night from separationfrom thy lover ?
Deeplyagitated,thou eallcsteverfor thy husband;to us thou everdis-
courscstof thy spouse.
"We,indeed,are become
the slave-girlsof Krishn;' thus havingspoken,
they went on.
CHAPTEB Y.
ii
11^ 11
H8 n
tflIQ.ll
"At midnighton JZJcddashi,in the month of Shrawan-shud,God
visibly utteredthe (following) wordswhich are hererepeatedword
for word :
" By enteringinto relationwith BRAHMA,
all persons'sinsof body
and mind are washed away. Thesesins are said to be of five kinds,
viz., thosewhicharecongenital; thosewhich owetheir origin to time
and place; thosedescribedin profaneworks and in theYedas; those
which are resultsof intimateassociation,
and suchasar£producedby
contact. Thesesins are not, and are never believed in, (after the above
relation has been established). Otherwise (that is when such a rela-
tion has not been contracted)expiation of sins never takes place.
That which has not been in the first instance dedicated should not
be accepted. Offerers,after making their offerings,shoulddo with
them what they like ; such is the rule. That offering which has (in
the first instance) been enjoyed by its owner is not acceptableby the
Godof gods. Thereforein thefirst instance,in all doings,all things
should be dedicated. That that which is given should not be taken,
becausethe whole comesto belong to Hari, is the doctrine of other
sects. (With us) the relation which subsistsin the world between
(a masterand his) servantsholds good; and everythingshouldbe
doneaccordingly; that is, after dedicating,it should be enjoyed:
hence it is that the Brahmatva, or the quality of BHAHMA,is ob-
tained. As when all merits and demerits obtain the quality of
Ganga,* all of them promiscuously have the quality of Ganga;
so now such is the case here. Thus is concluded, in Siddbanta
Rahasya,composedby Vallabhacharya."
<*
i it
merce are called Lalita; those that are very expert in the inverted
and other posturesor positions (at sexual commerce)are called
YisakhSs."
of S'ri Gosainji, went away. Afterwards one day, when that Ksha-
triani was asleep, she dreamed a dream in her sleepthat she had
connectionwith S'ri Gosainji,and from that very day that Ksha-
triani was in the family way. Afterwards, when the time of
pregnancywas completed, she was delivered of a daughter. She
was extremely heautif ul, and was a fountain of good qualities. She
was then named Gangabai. Then that girl grew up; after which
she was causedto tell her name to S'ri Gosainji.'
The next extract will showwhat care the Maharajastake
to free from blame the immoral practices which,their doctrines
inculcate. It is a storyof adulterybetweentwo low persons,
expiatedin blood,but rewardedby a re-birth,in a yery high
social position.
"A narrative related first of all by S'ri Acharyaji with his own
mouth to the Yaishnavas on a certain occasion, and afterwards
related by S'ri Gopinathji to the Yaishnavas. There was a Bhil and
a Bhilan, being two persons,husband and wife. They used to go
to a jungle and to bring firewood daily, and they used to maintain
themselvesby selling the wood. There was another Bhil, who was
also in the habit of going to the samejungle to fetch wood, and an
intimacy then rose between the wife of the one Bhil ami the other
Bhil. At first the two persons,husband and wife used to go
togetherfor wood. She then fell in love with the other man.
Afterwards that woman commenced going for wood to another
jungle with the other or (stranger)man, with whom she had con-
tractedan intimacy. Sothe womanwentwith hinl to a jungle, and
therewasa templeof Godin a certain spot in that jungle. The
two personshavinggonethere used to sweepand cleanthe temple,
and then,rest themselvesthere. They did so for several days,
when,being overpoweredwith love, they took to singing. They
then both got up from that place and went to their respective
houses. Afterwards some one came and told the husband of the
woman that his wife lived, or was in love, with such and such a
man, and that those two personswere in the habit of going to such
and such a place in such and such a jungle. Afterwards, one day,
the husband of the woman followed his wife to the jungle. The
two persons went first, and having gone there they swept and
cleared the spot all around the place of God that was there, and
the,n sat there in happiness. The husband of the woman then
witnessed,
while standingthere, all the actsof the two persons,and
94 HISTORY OF THE SECTOF MAH43MJAS.
CHAPTEE VI.
THEdoctrines
of the Maharajas
we havelaid*beforeour
readersin the last chapter. Of their mode of worship we
have now to treat. The present ceremonial or ritual has of
coursebeen the growth of time, being formed, or added to as
circumstanceshaveoccurred,or the promptingdesiresof the
priestsmay havesuggested. "We shall endeavourto give as
clear and distinct a statement as is practicable, premising
that much of the information contained in this chapter is
derived from the works of Mr. H. H. "Wilson, and from the
oral testimonyadducedupon oath in the courseof the trial
for libel, as well as from other sources of a true and unim-
peachablecharacter. We hope to lay before our readersa
complete picture, as graphical as such collective means will
enableus to paint, so as to sustain the judgment we shall
haveto pronounce,after deliberatelysumming up the facts,
in the few concluding words of this chapter.
A Vallabhdchdryantempleconsistsof three successive
com-
partments. The central one is larger and more open than
the other two, being intendedfor the accommodation
of the
numerous worshippers who daily throng there. Of the re-
maining two, one is the residence of the Mahdrdj, and the
otheris dedicatedto the worshipof the imageof Krishna.
The templesare numerousall over India,' especiallyat
Mathura and BrindSban, In Benares there are two very
celebratedandwealthytemples,one of which is dedicatedto
100 HISTOEY OF THE SECTOF MAHARAJAS.
Krishna under the nameof L&lji, and the other to the same
godunderthe nameof Purushottamji.Thoseof Jagann&th
and Dw&rik& are also particularly yenerated;but the most
celebrated
of theseestablishments
is thatat &ri N&thadwar,
in Mew&r. "The imageis saidto hayetransporteditself
thither from Mathurd,whenAurangzeb
orderedthe temple
it stoodin to be destroyed. The presentshrineis modern,
but yery richly endowed,and the high priest, a descendant
of Q-olailn^thji,
is a manof greatwealthandimportance."*
The image of Thdkurji, or the idol, in the different
temples,is either of stoneor brass,and representsKrishna
in various attitudes,correspondingto thosewhich he is sup-
posedto hayeassumed
in the severalperiodsof his earthly
existence,
either whenperforminguncommonfeatsor miracles,
or living at particularplaces,or engagedin any peculiarly
interesting scenes. Each of these is worshippedunder a
different name. That of Sri Nathji, being the most im-
portant and mosthonoured,
is at N&thadwar.Krishnais
here representedas a little boy in the act of supportingthe
mountainQ-ovardhan on his little finger, to shelterhis play-
mates from a heavy shower of rain which had suddenly
overtakenthem while at play. This imageis alwayssplen-
didly dressed,and richly decoratedwith ornaments,which
are often of the value of several thousand pounds.
Vallabh&ch&rya,the founder of the sect,is said to have
distributed among his disciplesmore than thirty images,
under various forms and names. These are still extant, and
held in more reverence than modern ones; and the Maha-
l^^jaa,too, who possessthem, are in consequence more re-
spectedthan the other membersof their fraternity. But of
the thirty-five, the sevenof Navanita-priydji (literally, he
who is fond of fresh butter), Jlfat-huresJyi,
VithalndtJiji,Dwd-
rikdndthji, Gohtlandthji, Goltulachandramaji (the moon of
* II. H. "Wilson's Works.
WOBSHIP AND PSALMODY. 101
MR
oi
[TEAN-SLA.TIOIT
op THEABOVE.]
Molian merrily cameto [my] house,
"With pearls[by throwingthem o^er him] I welcomedhim ;
My belovedonelookedwith an affectionate eye:
0 sister ! of this husbandmy heart is enamoured;
[To marry] the sonof NandaI amdestined;
And how can I now conceal it ?
Let thewickedsaywhat they may,
Darling1 let my heartbe thy dwelling place.
«vi«U4-11 Ml^fl
CftB ^
\£ 11
il M II
OPTHEABOVE.]
An excitement, extreme and great, in my body is created;
The azure-colouredbeauteoushusband with me is sitting. 1
Without seeing[his] beauteous
face, evenwater I will not drink ;
The amorousand beauteoushusband,by seeingoft and oft I'll live, i
Eestrain me not, Oh ! my mother,
To pay my homageto him, daily I will go. 3
As to the connectionship,.that of the Savalya^4is the only true one
[And] all othersappearto be but imperfect. 4
He who tells may tell, we will permit to do so,
And to them [with indifference]weshall listen. 5
(3M*
c-tlHi
* Aa appellation of Krishna.
WOESE1P AND PSALMODY.
OFTHEABOTE.]
If to foreignlandsyou,the descendants
of Yallabha, shouldgo,
Soon do you return.
Andto [us] gentlewomen
messages
doyousend.
If to foreign lands. 1
To your commands obedientwe are,
Us,the suppliant,youhaveaccepted with all your heart.
If to foreign lands. 2
A pleasantlook,youthe compassionate,
by castinguponus,
Of our bodiesand heartshave deprived us.
If to foreignlands. 3
For your sakethe sense
of public shameI havenot entertained,
A great desireI entertain for your feet.
If to foreignlands. 4
Manysuchintreaties[your] femaleslavesare making,
If soonyouwill return,pleased
will become
[your] Ibmaleslaves.5
-t ii 3
||
ii
OB-THEABOVE.]
Thedescendant
ofYallabha
is theamorous
Kami
Enamoured,
hehas
made
[us],intheroads
ofVraj.
Jlowingdownr 1
112 HISTORY OF THE SECT OF MAHARAJAS.
MR 01
ai^i
[TEANSLATIOK OFTHEABOVE.]
May it pleasethecto visit my palace,lord ;
"Welcomebe thou to my palace, charming lord.
Increase,0 king of Yraj ! thy love [to me] ;
Welcome be thou to my palace,etc.
Bespread
with flowersis the bed,
The heart cannot keep the joy within itself:
Life-nourisher, thou liest there;
Thy servantsshampoothy feet.
Welcome be thou, etc.
[TEANSLA.TJOK
OETHEABOVE.]
0 life of Vraj ! I pray thee,
Illustrious "beloved
ono[sourceof] pleasure,Moon,of Gokul,
An invitation send with speed.
Without seeing tliee, 0 illustrious, beloved one,
Say, dear, how am I to live ?
How shall my heart be restrained ?
[My] eyeswith tearsare suffused[0 Life of] Vraj ! 1
Hearkenattentivelyto [my] prayer,0 reveredmotherJamna!
The pangs of separationare unendurable.
]STow,
how amI to live ? [0 Life of] Yraj ! 2
How shall I abide at a distance ?
Say, dear, whencethis law.
Neither of us is of to-day or yesterday:
[Our] loveis fromthe first [0 Life of] Yraj ! 3
0 Hari, in thy heart retain
[Our] love [which] is of formertimes.
Be merciful, 0 Lord of the lowly and destitute !
Otherwise I will put off this earthly tenement.
0 Life of Yraj ! an invitation send. 4
I want a restingplaceamidstthe jasmine[bowers]of Yraj,
That always exist in the town of Gokul,
On the banks of the Kalindri,
At the landing place of Thakarani,
0 Life of Yraj ! an invitation send. 5
"Whenshall 1 satisfymy eyeswith a full view
Of the landing place of Thakarani.
Inwardly I have a great desire,
I amlonging to be calledto Yraj,
0 Life of Yraj ! an invitation send! 6
WORSHIP AND PSALMODY.
ct S;
l, 41
i, 41*
i
?Ani6
i, 41
i, 41
sj^, 41<>
cTi^ /HI^TM,41o
i^, 41 o.
, 41 o
cTtHim <^ ^i ^j ^°
"H^I^-fl^irj 3l>i ri@f 41o
<Hloii
-iy\ll, ai ^fcT^Hi^I, 41
<n<lHl,41o
116 HISTORY OF THE SECTOP MAHARAJAS.
, 41 o
l Hl'cM, 41 o
ill 4lT£, 41o
, 41 o
41 o
cl^fl, 4)o
[_TEAI<rSLATIO]Sr
OPTHEABOYE.j
Gallant Lord !
If you tarry a while, I'll tell you a tale.
On your account,I havewastedmy body:
Since meeting at Yranda,
I havebeensufferingfrom anxiouslonging and hankering;
To whom shall I speakof the pangs of separation?
How can I suppressthe inward flame?
Bewildered do I roam in the woods;
I do not feel a moment'srest day or night ;
The whole village reckonsme as mad.
How can I expressadequatelymy agony ?
My heartburnswith a longingand hankeringdesire;
Constantecho runs in my ears;
Our souls are threaded together.
I cannot expressthe uneasinessof my mind ;
Prom window to window, to and fro, I run.
How long shall I suffer from such eagerness?
Thou- the gemof [my] forehead,adeptin all secrets,
What shall I sayto thee?
As thou hast loved me, now fulfil thy pledge;
Eeject not one who has sought thy protection :
Thou mayst possessa thousandlike myself ;
[But] I cannotexist without thee;
The sound of any one pleasesme not :
My eyesbeing enticed, now where can I go ?
From top to toe you are full of beauty and perfection.
"Who could have made thee so beautiful ?
Thou smilestsweetly,glancingasidej
WORSHIP AND PSALMODY.
n
fcu
34a<j
01
II
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^ II
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cu -iUl i6 ^^ ll
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II
II
118 .HISTORYOP THE SECTOF MAHARAJAS.
1-S2
VU
[TKANSLATION
OFTHEABO
YE.3
ii <* ii
TRANSLATION".
mantra,whilstnumbering
thebeadsof his rosary,whichcon-
sistsof onehundredand eight, madeeitherof the stemof the
tulasi plant or sandal-wood. He is marked on his forehead
with two perpendicular
red lines,whichconverge
in a semi-
circle (with a red spot in it) at the root of the nose. These
marksaredaily renewedafterbathing. He goesforth thusto be
recognisedby his brothersectarians,
whomutuallysaluteeach
other with hands raisedto the face and the palms united,
exclaiming,,
JcnjaSriKrishnaor Jaya Gopdla,
Victoryto Sri
Krishna! Victory to Gopala! He goesforth with these
marks upon him to be recognised as the enthusiasticdevotee
of the Maharoj,to whomlie hasdesecrated
thepurity of his
home, under the terrible threat of the denial <(of the deli-
veranceof his soul,and of its re-absorptioninto the divine
essence;" under the threat here, also, of excommunication
from all intercourse with his fellow devotees,and under the
prohibition of enjoyingfood, or participationin the worship
of his idol. His contemptcan be purged only by presents
and submission,or by the strong act of renunciation of the
sect, which few have the moral courageto resolveupon,
chained as they are by the relations of life, or the artificial
bondageof a conventionalconditionof society.
The woman goesforth a ruined victim. Sheis undoneby
the obscenitieswhichshehaswitnessedandpractised,through
the dissolutenessof the Mah&r&j,whom shehasbeentaught
to solicit by meansof everypossibleartificeandblandishment,
and by enticingpresents. Sheconceives herselfto havebeen
honouredby the approachof her god, to whoselust shehas
joyfully submitted. Her wholenatureis thus corrupted.
After receivingthis initiation, it is incumbentuponthe
votarytovisit the temples
at Gokuland&ri Nathadw&r
at
least once in their lives. Having done so, the greatest
devoteesbecomesmarjddis,*and can then be attendedonly
* Devoted
to the worshipof the god.
WOESEIPAND PSALMODY. 123
CHAPTEE VII.
THE VALLABHACH^RYANS. P
ALTHOUGH
in tlie precedingchapterswe haveincidentally
adverted
to the naturaleffectsof the dissolute
teachings
of
Vallabhacharya
and his immediatedescendants,
and of the
commentators who have endeavoured to elucidate the tenets
of the sect,we shall here briefly recapitulatethem, and
showat oneview the tendencyof the teachingsthemselves
andthe banefuleffectof the ceremonialwhich has grownout
of them.
One of the most conspicuouseffects of the doctrines and
ceremonialis to draw away the attention of the sectarians
from the knowledgeof the true God. The superstitions
whichtheMah&rajas
haveintroduced,
to subserve
their pur-
poseof controllingthe consciences
of their adherents,lead
themto seeGodonlyin their religiousguides,andtoworship
them,as absoluteimpersonations
of the Deity. " According
to theoldBrahminical
tenet,"developed
in thephilosophical
Upanishads
onwhichthe Ved&ntasystemis founded,"Brahma,
the all containingand Indestructible, the Soul of which the
Universeis the Body, abidesfrom eternity to eternity as the
fontalsourceof all spiritualexistence:reunionwith Brahma,
absorptioninto Brahma,is the beatitudefor which every
separatedspirit yearns,andwhich after animatingits ap-
pointedcycleof individuated
living organisms,
it isultimately
destinedto attain. This,then, is the pureand sublimenotion
126 HISTOBYOPTHE SECTOF MAHAEAJAS.
practices
which,the Mah&r&jas hayeintroduced,in supreme
contemptof their abjectand deyotedfollowers.Were the
Mahirajas,as the Jesuitswere, an intellectual and highly
educatedclass,we might conceiveof such a subjectionto
them; but the instancesof culture among thesemen are so
extremelyrare, and their spiritual ascendancyis so entirely
maintainedasa hereditaryright, without any respectto their
characteror qualificationsfor the sacerdotaloffice,that there
is nothing by which we can accountfor the influencethey
exercise. That men who, in the ordinary businessof life, and
in their daily intercoursewith others, are acuteand intelli-
gent,quick to perceivetheir rights and persistentin main-
taining them, should submitto be the victims and the dupes
of thesepriests,and should adoptand allow the vile practices
theyhaveintroduced,is a mystery which we are unableto
solve,exceptby a referenceto the power of superstitionto
enthral the mind. It may be laid down as an axiom, that we
aremoreusuallyand effectivelyactedupon by what is near
thanby whatis remote. In the daily and hourly agitations
of society,we seemen act both deliberatelyand impulsively,
uponproximateinstigations,withoutweighing thepossibilities
of distantconsequences and contingencies.And, in this case,
the threatof being born a thousandtimes as a dog, a serpent,
an ape,or an ass, after passingfrom this life, makes the
deludedfollowersof this superstitionthe serfsof the priests,
whosewills they slavishlyobeyevento the extentof suffering
the mosthideoushumiliation. Hope alsocomesto thehelp of
fear; andthe futile promisethat they shall pass,without any
interveningtransmigration,direct to Goloka,excitesin the
mindsof theVaishnavasa strong desireto give to their priests
valuablepresents,and blinds themto the degradationto which
they aresubjectedin their familiesby their craft and lust.
Uponthe females,who are entirely destitute of education,
andwho live in a climatewhich early developes the passions,
128 HISTORY OF THE SECTOF MAHARAJAS.
These
meetings
areof a practicalcharacter,
withhut a step
from word to deed. To them sweetmeatsare taken, which
are consecratedto the books, after reading, and these
theyput bit by bit into eachother'smouth,eachfeeding
another's wife.
CHAPTER VIII.
<ft
. f«1MMHUl^
[TKANSLATIOIST
or THEABOYE.]
" The Siitradhara(saysto the USTati)
:- 0 dear, the Vedaahave
fledsomewhere
; no oneknowsthestoryof their flight (Le.whither
theyhavegone). The collectionof the Sankhya,Yoga,and tho
Puranas,
hassunkinto the bowelsof the earth. ]STow,
young
damsels,,
look to the self-dedication
preached
by ShrimatVallabha
Yittaleshvara,
whohasconspiredtofalsifythemeaning
of theYedas.
" EntersaYaishnava,havingonhis neck,ear,hand,head,and
aroundhisloins,a wreathmadeof the Vrinda(Ocymum Sanctum,
PROFLIGACYOF THE MAHA1UJAS. 135
or Tulsi),havingonhis forehead
Gopichandana,
(a substitute
for
sandalwood). He is onewhorepeats
Eadha!Krishna! Being
opposed
totheShruti,
heis thereproaohor
of those
whoadhere
to
the Yedas, He findsat everystepcrowdsof femalesfilled by fcdma
(lustorcupid).Heisthekisser
of female
Vaishnavas.
YeVaish-
navas,yeVaishnavas,
heartheexcellent
andblessed
Taishnava
doc-
trine:'theembracing
andclasping
with thearmsthelarge-eyed
damsels,
gooddrinkingand eating,makingno distinctionbetween
yourownandanother's,
offering
one'sselfandlifo togurus,is in
the world the causeof salvation.
" Mutual dining, carnal intercoursewith femaleswght and day,
drinking, forming endlessalliances,arc the surpassing,beautiful
customsof the personswho have consecratedtheir souls to Sri
Gokulesha.Charity, devotion,meditation,abstraction,the Yedas,
and a crore of sacrifices,are nothing : the nectarine pleasure of the
worshippers
of thePdduM (wooden-slipper),in S'riGokula,is better
than a thousand other expedients. Our own body is the source of
enjoyment,the object of worship reckonedby all men lit towbe
served. If sexual intercourse do not take place with the Gokulesha,
the paramour of men is useless,like a worm or ashes.
" The chief religion of the worshippers of the PdduM is the con-
secration of a daughter, a son's wife, and a wife, and not the wor-
ship of Brahmanaslearned in the Vcdas, hospitality, the Shrati-dha
(funeral ceremonies),vows, and fastings." *
S&malBhatta,a distinguishedGujar&tipoet,whoflourished
in Gujaratabouta hundred and fifty years ago, in his poem
entitledSudaBoteri (Seventy-twoParrots) makesthe follow-
ing remarksin the twenty-fourth story of the book: -
-ItM II
II
<\{\
* Translated
by Dr. JohnWilson.
136 HISTOET OF THE SECT OF MAHARAJAS.
u
II ^ U
'*ft*v<i II "U'UM M^flni H*H II
""u «iut >!*& iteii II A& $41SS^M
II ^u u
[TRANSLATION
or THEABOTE.]
In the Yaishnava religion it is said
Kanaya(i.e. Krishna) did this business
-
He gratified sixteenthousand(gopis),
Arflh-actor is his name.
(They) whosehigh priest is Gosaiji,
The headof the Samarpanis(dedicators),
Make overto him their bodies,minds, andwealth,
(And also)their pnre females
'(or wives).
The Yaishnavas among themselvespractice
The observances of the Has Mandali :
The Yaishnavassportamongthemselvesthe spring sports,
Having great love towards each other.
Some Yaishnavas are dark,
Some Yaishnavas are indecent talkers,
SomeYaishnavas are effeminate,
Some(areevenlike) widows.
(They) make foppish seal-impressions,* 1
(And) put on indecent brows ;
They debasetheir appearance by adultery,
Being destroyerof female(virtue).
Another sect is that of Braj ;
Their religion (is) called the husband's religion ;
(Among them) the males (and) females mix together
And do wicked acts.f
Atha Bliagat,a man of distinguishedpiety, who flourished
in Grujarat about the same time, and who was once a follower
of the Mah&r&jas,usedto recite a couplet which has since
becomea proverbial saying among the Gujarati people,and
which is as follows :-
A n \ u
* On their persons-with the gopechandan
or white earth.
t Theattentionof the authorwasdirectedto this passage
by Kalidas.
PKOFLIGACYOF THE MAHARAJAS.
[TBANSLATIOK
OE1THEABOVEJ.
" I adopted
Gokulna*th
for my guru,andthusput a stringin the
nostrilsof an old bullock: one who lightens wealth hut doesnot
lightenthe pressure
(on the heart),- what goodcansucha guru
confer?" »
[lEANSLATION
OFTHEABOVE].
Having assumed the appearanceof a Vaishnava,
They worshipthe feeblesex.
They hate (the true) religion,
And accomplishthe defamation of Shiva.
HavingbecomeSamarpani(dedicators)(they) indulge
In (the senseof tasteby) eating Sird-pure.
Theyreceivethe consecrated food from their guru,
(And) play with women.
(Thoughts
of having)connection
with otherwomen
Habitually occupy their minds.
Having deckedup their persons,
With ornamentsthey sit.
* K&vyaDohan,pp. 110,111,2ndedition.
138 HISTOEY OF THE SECT OF MAHAEAJAS.
(Their) non-Vaidiktenets
(They) daily readand praise.
The deeds of Krishna Chandra
Heis constantly
in a stateof intoxicationfrom opiumandvarious
otherstimulantswhich theingenuity of the sensualhas discovered.
Hewasoriginallya Brahman"(vol.ii. pp. 230,231).
Mr. Frederick Hall, formerly Professorof the Govern-
mentCollegeat Benares, publishedin. 1854KashiISamah,
oneof thePersian,
worksofthedeceased MunshiShilalSheikh,
in which the author makes a distinct reference to the sect of
the GokulGosains,
or the Maharajas. "Wegive belowthe
text andits English translation:-
^t V T(J*t
140 HISTOET OF THE SECT OF MAHA'BAJAS.
Theobservations
wehavebeeninducedto makeresultfrom
theimpressions
wehavereceived
in treatingthesubject;and
wefeelconfident
that our readerswill concurwith usin de-
nouncing
theflagrantabuses
wehavepointedout,andhelp
us to hold themup to the indignationof the world. WQ
sincerely
hopethatthispublicexposure
of gross
social
evils
will tendto their ultimateandspeedyabatement.
144 HISTORY OF THE SECTOF MAHARAJAS.
CHAPTER IX.
1. Silk,sugar,spices,
mefals,sack-1J annaper everyhundred
cloth,cotton,
andopium......... } rupees
of saleeffected.
2. Cloth, silk, cotton, and everyother )
species
..............................
|Dltto-
3.T..,,
Bills
ofexchange,
. drafts,
i /a.etc.
. ...(1anna
rupeesFtransac
per
every
thousan
4. Gold and silver specie ............ Ditto.
5. Bills and speciebrokerage ...... Ditto.
6.Cloth
brokerage
.....................
(± anmPOT ever7 hundred
( rupees transaction.
7. Agencybrokers..................... Ditto.
8. Brokers to European houses...... Ditto.
9. Grain brokers ................... ,. Ditto.
10. Pearls and jewels .................. Ditto.
11. Pearls and jewel brokerage ...... Ditto.
12. Insurance brokers .................. Ditto.
«,,.". annas per every hundred
13. Muccadams ........................
rupees of their income.
14. Every patimar laden with goods \
from Malabar, and consigned to >Es. 1|- per vessel.
a Yaishnava........................ J
15. Every padow(native craft) from \
Raj&pur, and of which the goods >9 annas per vessel.
areconsigned
to aYaishnava
... )
16. Grain of all kinds .................. ] anna per candy.
] 7. Ghi (clarifiedbutter)............... J annaper maund.
18. Oil .................................. .. -J-anna per maund.
19. Bice .............................. ... 1 anna per "muda."
20.Malabar
cloth
.....................
f1
EXACTIONS
OF THE MAHARAJAS. 147
CHAPTER X.
In theyear1855,theGujaratiBrahmansin Bombay,wish-
ingtomake
theoffering
to Mahadeva,
or &iva,of Chhapan-
154 HISTOEY OF THE SECT OF MAHAE^JAS.
thetemples
beating
theworshippers,
to hasten
theirpassage
throughthetemples,
wasanother
subject
ofcomplaint.
A favourableopportunityseemed to havearrivedfor the
redress
of all thesegrievances,
andtheVaishnavascollectively
consented
to the wishesof the Maharajasin referenceto the
Brahmans,upon the condition that theseabusesshouldbe
absolutely reformed. OneinfluentialpersonnamedGropaldas
Mddhavadas persistedin supportingthe Brahmansin de-
fianceof the,Mah4r4jas;andtwo others,alsoof greatweight
in their different sects,namedKdmbal Thakursidasand Sa-
kh&ramLaxmanji,supported theBrahmans.TheMaMrajas
yieldedto the pressureput uponthem,andconsented
to the
demandsmade upon them, even to the minor reforms; but
theyrequiredthe respiteof a yearbeforecarryingthemout,
and demandedcomplete secresy,conceiving that if they
yieldedto immediateexecutionthey would be tacitly admit-
ting the existenceof evils, and putting a weaponinto the
handsof their opponents-the Brahmans.
The dispute betweenthe Maharajas and the Brahmans,
however, led to newspaper controversy, and causedmuch bad
blood. The Banias and Bhdttias, the most devoted followers
of the Maharajas, were commandednot to salute either of the
three gentlemen who sided with the Brahmans, and otherwise
to withhold the respectthey had always beenaccustomed to
showto them. TheBrahmans,convincedthat theywereper-
fectly orthodoxin what theyhad done,convenedseveralmeet-
ings,to whichthey invited the Mahdr&jasto discussthe matter
with them ; but the Mah&rajas,knowing the weakness of their
cause,and consciousof their ignoranceof Sanskrit,abstained
from attending the meetings,or taking part in discussions
which they wereawaremustend in their defeatand disgrace.
To obtain,however,the victory in the eyesof their votaries,
they assembleda meeting of their own,which was attended
by a beggarBrahman,whom they had previouslybribed.
THEMAHXE^JAS
Iff DIFFICULTIES. 157
Thisman,whorepresented
thathewasdeputed
bytheentire
bodyof hisbrethren,
publiclyhumiliated
himselfbyasking
pardonof theMaharajas
in theirname. Thepardon,
sought
was,ofcourse,
graciously
granted, andtheMaharajas
thought
they wererestored to the good opinion of their followers.
But, unfortunately
for them,the trick was exposed,
and the
publicdiscussed,
andthenativenewspapers
commented
upon
it. Thiswasa heavyblowto the Mah£r£jas. But, asthey
hadnot succeeded
againstthe Brahmans,they d?dnot carry
out the reforms they had consented to, and the affair ter-
minatedalmostwhereit commenced,
to the disgustof all
parties. Thepower of the Maharajaswas, however,shaken.
It wasat thisperiod,anopportunitybeingafforded
by these
disputes,that the SatyaPrakdsha (Light of Truth), a weekly
newspaper, wasfirst issued. It waspublishedby the defendant
in the Libel Case,and its objectwas the advocacyof social,
educational, and religious reforms. In consequenceof the
excitedstate of public opinion at the time, the newspaper
immediately obtained a wide circulation.
The secondcircumstance conducing to accelerate the over-
throw of the power of the Maharajaswas their objectionto
attend courtsof justice. The Maharajas conceivethat their
dignity is lowered and their personspolluted by attending
courtsof justice; but the SupremeCourt of Bombay required
themto obeythe summonsof the law, on the occasionof an
actionbeingbroughtby &ri JivanjiMaharajagainstEarn-
dayalMotiram. The plaintiff's affidavit wasto the following
effect.-
Theopinions
ofthepress
uponthe Mahdrajas
andtheir
deeds
havealsotendedto undermine their influence.
Owin°-to the circumstances
just noticed,andthe excited
state
of public
feeling,
thedoctrines,
worship,
power,
andin-
fluence,
theignorance
andevillivesoftheM'ah&rajas,
become
notonlywellknown,
but muchtalkedof. Thecommunity
wasthoroughly
aroused,
andmenbegantothink,totalk,and
to act. Thepress,
stimulated
by thismovement
of society,
gained
courage
to makeits comments.
Thereareabout
fifteenor sixteenGrujarati
papersprintedin the vernacular
idiom and three or four English local paperspublished at
Bombay.All thesemadetheir comments,andseverelycen-
suredthe Maharajas.The SatyaPrakdvh,whichwas con-
ductedby the defendant
in theLibel Case(whowashimself
a Bania,andfollowerof the Mahdrajas,and familiar with Mil
theirmysteriesandevil practices),
frequentlydenounced and
exposedtheir immoralityand corruption. This,in. the fer-
mentwhich continuedto exist, greatly shockedthe feelings
of the public,whichhad no conceptionof the existenceof tho
enormitiesthus exposed. The Maharajas themselveswere
peculiarlysensitive
to the censureof this particularpaper,
knowingthat it wasconductedby oneof their own followers,
and they thereforeinstinctively apprehendedthat it would
havea mostprejudicialeffect. Thebodyof tho Mahar&jus
consequentlyresorted to every available means to endeavour
to silence
thewriter, by holdingout considerable
pecuniary
inducements,
proposedthrough the mediumof someof their
mostinfluentialvotaries.But theywerethoroughly
frustrated
in thisobject;for not onlywerecomments publishedin tho
various
newspapers,
but pamphlets
andhandbills
werefreely
circulated,all tendingto the destructionof their influence.
Extracts
of thecomments
somade,andwhichwill givean
ideaof howmuchthesubjectoccupied
publicattention,
aro
givenin the Appendix,Ho. 2.
160 HISTOftY OF THE SECTOP MAHARAJAS.
induced,
bythehopeof betteringhis interest,to veerround"
but he wasfrustrated and disappointed. Whilst the action
waspendingin theSupreme
Court,he wasmuchpressed
for
moneyto makeadvancesto his lawyers; and, to overcomethis
difficulty,it was suggestedto him to subpoenasomeof the
Maharajas
aswitnesses.TheMaharajas,
onthis,tookevery
careto avoidthe serviceof the subpoena,
and at the sametime
theyclosed
theirtemplesagainsttheir followers. Thisocca-
sioned
muchcommotion andgreatconfusion, in theCommunity
of the Yaishnavas."Whenthe templeswere thus closed,the
members of the sect,including the rich and influential, would
nottaketheirmealsandwaterasenjoinedby their religious
duties,
withoutfirst payingtheir adorationin themorningto
theimageof the idol andto the Maharaj. Theywerekept
outsideall dayfasting. Upon the Vaishnavasentreating the
Maharajas to opentheir temples,they refusedto do so unless
all theleadingmen in the sectwould subscribetheir signature
to the document of which th.efollowing is a translation:-
"Samvat,1915,month of Poushsood
12 (Sunday, 16th January,
1859) in Bombay to wit:-We Yaishnavas, Bhattias, and Yanias,
and Lowanas,and Bhansalis, and Marwadis, and Multanis, etc.,
(and)all conjointly, have madethis agreement. Its object is to
wit: that we must make arrangements in any way, by making a
petitionto the Governmentthat our G-urus,all descendantsof
Gosainji,shouldnot attend the courtsin caseof any difficulty from
Governmentor on being summoned. The fund subscribed by those
who haveframedthis draft (agreement)for expensesthat will be
incurredby this, to be kept in somesecure place. This businesswe
all conjointlyshould conductwith Government,and (in this busi-
ness)we shouldcontinue to join to the last, and sparenothing.
Henceforth,if any Yaishnavapublishesor causesto be publisheda
defamationof our religion, to that person,his own caste men must
certainlygivepunishment.And noYaishnavashouldsummontheclass
of Maharajas; and if a memberof anothercastesummon,then all the
Yaishnavas
conjointlymust certainlymakecompromise
aboutit.
11
162 HISTORY OF THE SECT OF MAHAE.A7AS.
forit wasnotmerely
thewillingwhomtheythussolicited,
buteventheunwilling,whowereknown to be the advocates
ofreform,
whomtheyhoped
to constrain
bythesestrongand
illegitimatemeasures.This was a period of severetrial to the
editor
oftheSatya
Prakdsh,
fortheveryfriends
whosecretly
approved
andapplauded
the criticismsof his paper,subdued
by theseinfluences,
appended
t3aeirnames
to the " Slavery
Bond." By this he was greatlyperplexed,and for sometime
wasat a lossto knowwhatcourse
to take,for hswasfully
consciousthat those influential friends who had subscribedthe
" SlaveryBond" would be unable to assisthim in castemat-
ters. Calmlyreflecting upon the Hne of action he should
adopt,
hesawthat, if he yieldedto the attempted
tyrannyof
theMaharajas,
he wouldneveragainbe ableto put pento
paperin animadversionupon them, and that all the Vaish-
navaswouldbe subjectedto the full force of this despotism,
andremainthe slavesof the Mahdrajas. Having, therefore,
made
uphismind not to submit,hewrotean articlestrongly
reprehending
the severalclausesof the document,and the
wholebodyof the Vaishnavasbecameeagerlyanxiousfor the
next issueof the paper, to learn what the editor had said. We
quotethe translationof the SatyaPraMsh in regard to the
"Slavery Bond:"-
" TheMaharajasof the Hindus, having shut out their followers
fromDarshan,made them pass an important writing. The social and
moralconditions
of the Hindu followersof the MaMrajasis greatly
dependent
uponthis writing. If, therefore,we omitted to bestow
our own attention upon the document, we should at the same time
be omittingto do what, as public writers, we ought to do. We
considerit our bounden duty to lay our thoughts before our readers
in anindependent manner,and draw their attention,to them. The
followingare theonly principal articles insertedin that document:
"1. The peopleof each casteshall contribute what moneythe
MaMrajasfix for their caste; and thus raising a large sum of fifty
or sixty thousandrupees,send a learned and experiencedbarrister
o Englandto get an act exemptingthe Mahdr&jasfrom the opera-
164 HISTORY OP THE SECT OF MAHARAJAS.
that,under
thejust andequitable
swayoftheEnglish,
every
subject
hasarighttosummons
anypersonwhatever
toappear
in acourtof
justicein orderto preserve
Ms rights andliberties. Neverwill the
Maharajas
beexemptfromthe operations
of this process.Even
greatofficers,
whosetime is extremelyvaluable,whoseoneminute
is sometimes
equalto onemonth,are obliged,
whennecessary,
to
waitfor alongtime in a courtof justice. In considerationof the
valueof their time, no act hasbeen passed
to excusetheir attend-
anceevenfor emergent
business.It must,therefore,
befully con-
sidered
uponwhatpowerfulgrounds anactconferring
suchaprivi-
legecanbepassed
in favourof the Maharajas,
whospenda greater
portion
of theirtimein jollity andpleasure,
andmakenoobjection
to seethedockyard and theMint, and travel on railways. Let the
petitionbe signedby the greatestnumberof persons, howeverre-
spectablethey may be, the English politicianswill neither pay
attentionto thesignatures
norto the personswhomadethosesigna-
tures. They will ponder over the request in the petition, and it
theyfindthatit is likely to tarnish the fair fameof Englishjustice,
theywill in no casecomply with it. "We heartily wish that before
this large sumof fifty or sixty thousand rupeesis thrown into the
water,the GosaiMaharajas and their principal followersmay con-
sider this matter fully and seriously. On our part we advisethe
Maharajas and their leading followers, that, insteadof throwing this
large sum of fifty or sixty thousand rupees into the water, they
should rather expend it on the Victoria Museum, by which means
they would be expressing affectionate and loyal regard towards her
graciousMajesty, and would be aiding an important undertaking.
"Wesuggestan easy and plain way, that would be universally liked,
by which the Mahdrajas might be exemptedfrom appearingin a
courtof justice. If it is adopted,we confidentlysaythat the Mahi-
rajaswill haveno needto appearany day in any court. "Whatplan
is this? TheMahdrajasshould never interfere in anyman'sprivate
quarrelsandconcerns; they should win the love and affectionatere-
gardof theirfriendsandfollowersby upright andmoralbehaviour;
theyshouldalwaysaidsuchundertakingsaswill improvethe cause
of their country'sprogress
j they shouldceaseall moneydealings
with peopleof othercastes;they shouldpreaclumorality
everyday,
and observeno distinction between their rich and poor followers.
If theyactin thismanner,
we confidently
saythattheywill never
have to appearin a court.
"About the secondarticle. This article suggeststhat no Yaish-
166 HISTORY OF THE SECTOF MAHARAJAS.
In theaction
brought
against
theeditorof theChdlak
by
theVaishnava whomhehad soconspicuously denounced, the
editorpleaded not guilty, and that what he had published
wasnot libellous. The courtoverruledthis plea,after ex-
aminingtheplaintiff'switnesses,,affirmingit to be libellous,
andentereda decree, with costs,againstthe Parseeeditor,
whothereupon solicitedthe " gentleman"by whomhe had
beenspeciallyinstigated,to assisthim. He was grossly
disappointed
by his refusal,and thereforepublishedin his
paperthenameof the individual,and all the circumstances
connectedwith the affair. This poor Parseeeditor,being
unableto pay all the incidental costs,died broken-hearted,in
very distressed
circumstances.
In theprocess of this " SlaveryBond/' and all its adjuncts,
we observea further declension of the power and influence of
the Mahardjas,to which the Libel Case,into the history of
whichweshall now enter,hasgiven, we hope and expect,the
fatal blow.
170 HISTORY OF THE SECT OF MAHARAJAS.
CHAPTEE XI.
II ^ 11
'"Consequently,
beforehe himself has enjoyedher,he should
makeoverhis ownmarriedwife (to the Maharaj),andhe should
alsomakeover to him his sonsand daughters. After having got
174 HISTORY OF THE SECT OF MAHARAJAS.
Scorn
thewriterof thecommentary.
(Ohyou)Maharajas,
acting
up to thatcommentary,
defilethe wivesanddaughtersof your
devotees;desist
fromthat,anddestroyat once
immorality
suchas
that of the EasMandali. As long as you shall not do so,for so
longyoucannot give religiousadmonition,
andpropagate yourown
religiousfaith: do you be pleasedto be assuredof that."
Thisarticlewas written on the 21st of October,1860.
The Maharaj maintainedsilence upon the subject,still
carryingon the discussion of religious topics with the
editor. On the 14th of the following May, however,seven
monthsafter the publication of the alleged libel, he filed
an actionof libel against.both,editor and printer.
The plaint was demurredto by defendant'scounsel,and
the casewasarguedunderthis bearing on the 2nd and 4th of
July, 1861. Hereupon the plaintiff had to make certain
amendments
in the plaint, and the defendantthen pleaded
severalpleas,on the 15th of August, 1861.
The first was a plea of not guilty, viz., that the article
alludedto was not libellous; and the last plea was one of
justification,
viz., that whathadbeenstatedwastrue,bothin
letter andspirit. But this plea consistedof three portions-
the first asserting that there were passagesin the reE-
giousbooksof the Mahdrdjaswhich,inculcatedadulterous
worship; the second,that the Mah4r4jas, as a body, com-
mittedadultery; and the third, that the plaintiff was not an
exceptionto the general practice. The intermediatepleas
were of inferior consequence.
Whenthe pleaswere filed by the defendant,the managers
of the Mah&rdj's caseknew from the nature of the pleas
that the defendantwaspreparedto bring forwardwitnesses
to corroboratethe chargesmade. Upon this they commu-
nicatedwith the influential portion of the community,and
madethem awareof the danger tbat might result from the
exposurethat would necessarily
take placein court. The
leadingmenof the BMttiS-communityconvened a meeting
176 HISTORY OP THE SECT OF MAHARAJAS.
and for the plaintiff on the first plea of "not guilty," with-
out costs.
" This trial has been spoken,of as having involved a great waste
of the public time. I cannotquite agreewith that opinion. "No
doubt much time has been spent in hearing this cause, but I would
fain hopeit hasnot beenall time wasted. It seemsimpossible
that
this matter should have been discussedthus openly before a popula-
tion so intelligent as that of the natives of "Western India, without
producingits results. It has probablytaught someto think; it
must haveled many to enquire. It is not a questionof theology
that has beenbeforeus ; it is a,questionof morality. The principle
for which the defendant and Ids witnesses have been contendingis
simply this, that what is morally wrong cannotbe theologically
right; that whenpracticeswhich sapthe very foundationsof moral-
ity, which involve a violation of the eternal and immutablelawa
of llight, arc establishedin the name and under the sanctionof
lleligion, they ought, for the commonwelfare of society,and in
the interest of humanity itself, to be publicly denounced and
exposed. They have denounced-they have exposedthem. At
a risk and at a cost which we cannot adequately measure, these
men have done determined battle against a foul and powerful
delusion. They have dared to look custom and error boldly in
the face,and proclaim beforethe world of their votariesthat their
THEMAHAR4J
LIBELCASE. 181
evilis notgood,
that their lie is not the truth. In thusdoin«-
they
have
done
bravely
andwell. It maybeallowable
toexpress!
hopethatwhattheyhavedonewill not havebeenin vain; that
theseedtheyhavesownwill bearits fruit; thattheircourage
and
consistency
will be rewardedby a steadyincreasein the number
of those
whomtheir wordsandtheir exampleshavequickened
intothought,
andanimatedto resistance,
whosehomestheyhave
helpedto cleansefrom loathsomelewdness, and whosesoulsthey
havesetfreefrom a debasingbondage."
THE END.
APPENDIX,
(Evidence
for the Prosecution.)
(GopdlddsMddhavctdds,
examinedJanuary 25, 1862.) I am
the headof the Mahajansof the Banian caste of all denomi-
nations. They are numerous in Bombay. It is necessary to
obtain my permission to hold meetings of the caste. I know the
plaintiff JadunathjiBrizrattanji Maharaj, who is about 40 or 42
years of age. He occasionally resides in Bombay at intervals of
10 or 20 years. He is a resident of Surat. The Bani&ns and
Bhattiasconsiderthe Maharajin a very goodlight, and respecthim.
Theplaintiff is a Maharaj: he is our guru or spiritual guide, who
worshipsour idols and performs divine service. The Maharaj is a
Brahmin,andis abovethe ordinaryrun of Brahmins. SomeBrah-
mins regardhim as a guru. The Bhattias are worshippers of the
Maharaj. The Bhatya caste is different from the Bania. They
both respect the Maharajas equally, as their gurus. A guru per-
forms divine service and worships the images. The Maharaj may
preachsermons,but I am in the habit of going to him only three or
four timesin the year. The Brahmins read the Puransand other
religiousbooksto thepeople. The Maharajasoccasionallyreadthe
Purans,but aregenerallyengagedin worshippingthe images. The
Maharajashave templesin Bombay. There are sometimestwo,
sometimes five, and sometimes
ten, and perhapsmoreMaharajasin.
Bombay. Somepermanentlyresidehere, as, for instance,Jivanji
Maharaj. In India, I believe, there are now about 60 or 70
Maharajas. TheMaharajof Shriji is consideredthe chief; he has
1
2 APPENDIX.
presentedto it; but the sameis not done to the Maharaj. The
Maharajeatsof thefoodpresented
to the image,andalsodistributes
it amongthe Yaishnavas.--(ToSir JosephArnould). "Whenthe
Maharaj worships the image, I considerhim to worship God.
"WhenI wavethe light roundthe Maharajand prostratebeforehim,
I don't considerhim as an incarnationof the Deity.-(To Sir M. E.
Sausse).I havesaidthereare someof the BhattiasandBanianswho
considerthe Maharajas an incarnationof God. I cannotsay if the
majority or minority of the Bania caste hold that creed. I cannot
say if the numberof personsholding such belief has increasedor
diminishedwithin the last few years.
(JamndddsSevakldl,examinedJanuary 27, 1862.) I am a Shroff
and a memberof the Lad Bania caste. I am not a shet of my
caste. I know the plaintiff, who is our Maharaj. He instructsus
in our religion. This is a copyof the Satya Prabashof the 21st
October,1860, in which I see an article about the primitive re-
ligion of the Hindus. I observein it the name 6f Jadunathji
MaharaJintroduced,the plaintiff in this case. I have not heard
of any other Jadunathji Maharaj.
(Cross-examined.)I give as much respectto this Maharaj as
to any other; but the love of the people towards him, since the
publication of this article, has somewhat diminished. I remember
his arrival from Surat about two years ago. I have not heard of
any complaintfrom Jadunathji, sincehis arrival that peopledid
not respecthim and the other Maharajasas they ought to do.
don't remember to have ever read this paper before. I have not
heard of Jadunathji complainingof the neglect of his followers
towards himself and other Maharajas, previously to the year 1860,
and before the arrival of plaintiff. I did not hear the Yaishnavas
complainthat the Maharajasdid not give them properinstruction
and advice in matters of religion. "We used to go before the Maha"-
rajas,to prostrateourselvesbeforethem, to go to the idol and to
return. They did not give any other instructions except those
connectedwith Brahma. Those instructions are given only once
in a lifetime. Plaintiff usedto saythat if the Yaishnavascameto
him and askedhim any thing, he would answerthem. Plaintiff
did not, to my knowledge,complainthat they did not cometo him.
EVIDENCE FOR THE PROSECUTION.
I have
notheard
himsayso. I did notheartheplaintiffsaythat
lie wouldgiveinstructionto those only who cameto askhim. I
have
notheardtheMaharajsaytttat, accordingto theShastras,
the
gurushould
notgiveinstruction^vithout beingaskedbythepupil,
northat,givinginstructionwithout beingaskedis to give foodto
onewhois nothungry. Thecompany or societyof Vaishnavas, not
theMaharaj,published a religious magazine. TheSociety
is known
as "the propagator
of the Yaishnava religion." Theyinsertedmy
nameand sent me a messageto tlie effect that I was made a member
of theSociety.Plaintiff is at the liead of the Society.* I havenot
heardthat Jadunathji has called -upon all the Yaishnavasto come
forwardand support the magazine, nor have I read a handbill to
that effect.I do not remember the nameof the magazine.I
believethenameof the magazine is " Svadharma
Vardhak" (pro-
pagatorof our religion). The "Vaishnava families in Bombayare
numerous.I cannot sayif they are ten thousand. The Marjadi
(strict observers
of ceremonies)are the Bhattias. I havenot heard
of Jadunathjicomplaining that, oxit of so many Marjadis,only one
hundredhavesubscribedto the magazine, and that, out of so many
Banians,only 120 have subscribed, thereto. The Maharaj doesnot
practiseany tyranny. By connection with Brahma,I mean the
chantingof amystic verserelating to the worship of Brahma. I don't
readSanskrit. By God, I mean EIrlshna. The versewas not explained
to mein Gujar&ti. I believe the meaning of the versewasonceex-
plainedto me by someBrahmin. In my opinion,the Maharajis a
representative
of Krishna. (This answer was, after much evasion,
extracted from witness on the threat of a fine of Es. 100 from, the
Bench.)It is not that I hesitate to answerthesequestionsagainstthe
Maharaj,for the fear that I may "be born againin the conditionof a
bird or dog. The senseof the Sanskrit passageis, that Krishna is
myprotector,
and that I, who ana destroyed
by internalmiseryand
pain,dosurrenderto Krishnamy mind,body,my breath,my heart,
my feelings,
as alsomy wife, my house,my children,my relations,
mywealth,andotherworldly things, togetherwith my soul. Some
fiveorseven
thousand Banians(in. Bombay)assembleat a castefeast.
Besidesthese
theremaybe five or ten thousand Jains. It is true
that abouthalf the Banil caste (the Jains) don't believe in the
8 APPENDIX.
have eaten the leavings of his food, but not the pan-sopari thrown
out. In the month of Shravan, the image is swung in a swing;
the Maharajalsosits therein,we swing him. The femalesof my
own and other families have swung him. The Maharaj has thrown
gulal on thousands of females, not on the females of rny family
alone. By Thakurji I meanKrishna. I don't think that throwing
gulal makes women pregnant. It is not the fact that young men
throw gulal, and not the old. Throwing the gulal has no relation
to sexual intercourse. I would consider it a great insult for any
otherpersonbut theMaharajto throw gulal uponmy wife. Throw-
ing gulal from a distanceI don't considerasan outrageupon chas-
tity. ("Witnessis fined fifty rupeesfor not giving a directanswer.)
I cannot explain why it is an insult to throw gulal on a female at
any other time but the Holi holiday. I have not heard any com-
plaint of the Maharajashandlingthe breastsor necksof femalesin
playfulness. Complaints similar to this have been published in the
Satya JPraMsh.
(Ee-examined.) I have been asked as to swinging the image and
the Maharaj. It is a ceremony performed on certain religious and
festival days. It is performed publicly, in the presenceof men and
women belonging to the Yaishnava persuasion. Throwing gulal is
also part of our religious ceremoniesduring the Holi holidays. The
gulal which remains after throwing over the idol, is thrown over
the worshippers. If the Maharaj or Gosai handled the breast or
neck of a female,it would be consideredadultery-not so his throw-
ing gulal on females from a short distance. 1 have beenpresent at
the marriages of Maharajas. It is not lawful for a Brahmin to
marry out of his caste. (To Sir M. Sausse.) As we cannot touch
and swing the imageof the Deity, we swing the Maharaj. "When
we do so, we regard him as our guru. The Maharaj is%the only
guru of those of the sect who wear IcantMs (necklacesof heads),
and who are known as Vaishnavas.
(VarjivanddsMddkavaddsjexaminedJanuary27, 1862). I am
a justice of the peaceof Bombay. I belongto the Bania caste. I
know the plaintiff. I have knownthe plaintiff theselast two years
sincehis arrival in Bombay. I am a shetin my caste,and oneof
the Mahijans. The Maharajis a priest of the Bhattias,Lohanas,
10 APPENDIX.
andBanians.
Theplaintiffisaguruorspiritual
guideandBrahmin
by caste. He is in a higherpositionthantheordinaryBrahmins.
TheMaharajas arelookeduponas descendants of Yallabhacharya.
Theplaintiffhasno temple in Bombay.Maharajas arelookedup
to wifchrespectby the Hindus,particularly by our sect.
(Cross-examined.)
I ambrother
ofthewitness
Gopaldas
Madha-
vadas. I donot knowwhethermy brotherwasin oppositionto any
oftheMaharajas,
except
to JivanjiMahcaraj,
in respect
to a dispute
betweensome
Brahmins.I donot knowthehistoryof the sectof
theVallabMcharyans,
norwhetherhe wasthe sonof oneLaksh-
manBhat Maharajas
wereoriginallyTelingaBrahmins,
but I
havenot heardthat they areoutcastes.I havenot heardthat
Brahminseatwith them. Onehalf of my casteareJainsj they do
not worshipthe Maharaj; they are Buddhists. SomeBanianswor-
ship the Maharajaswell as Shiva,and thosewho worshipYishnu
havea reservedworshipfor Shiva. Somepersonswhenthey aban-
don the worship of Shiva,worship the Maharaj. I do not know
whetherthe Eaja of Porbandarwasdisgustedwith the worshipof a
Maharaj on account of his immoralities. I do not know why a
Maharajwasfloggedby the Portuguese
authoritiesat Daman. An
application was made for the release of a Maharaj who had been
imprisonedat Jalnapatan. The Maharajasadoptsonsfrom their
ownsects,and theybecomepriestsby adoption. It maybe criminal
in the eyesof the Hindu religion to exposethe vices of their
parents, but I do not consider it so. The Maharajaswash their
own bodies on their birthdays or religious days, and we throw
saffron and other scent on their persons. The image, too, is washed
with saffronwateron thesesacreddays. The femalesalso sprinkle
saffronon the Maharaj'sperson,and they considerthe touchingof
his feet as sacred. I do not know if the dust on which he walks is
regardedas sacred. If a Maharajdies,we do not say he is dead,
but that he has joined play or amorouslove in heaven betweenmen
and women. I am not able to state whether it is a part of our
belief that Krishna had intercourse with 16,000 women, and that
theyhad salvationthereby. I do not know that the Maharajas are
called the Avatars of the Maha Prabhu (the Great Lord). The
Maharajas haveimposeda tax on the gainsof the Bhattia and grain
EVIDENCEFOR THE PROSECUTION. 11
merchants
thateventually
fallonthecommunity.
Therewasameeting
heldattheplaintiff's
house
for considering
there-marriage
question
andopposing
it. I donot know whe.nthe VishnuPancJiwasstarted.
I havenot drunkthewaterwrungoutof the Maharaj's
langotis
afterbathing,nor that with which his right toesarewashed. Some
people
drinksuchwater. I havenotsignedthe "bandobast" against
Karsandasin thisaction,nor doI knowif my brotherhassignedit.
I know only from the newspapersthat my brother was askedto
signit. I signeda documentby which we agreedthat nomembers
of the casteshould call upon a Maharajto give evidencejuia court
of justice; if they did so they would be expelled. "Weintended
also to memorializethe Judgesof the SupremeCourt,and if this
Court did not grant us exemptionwe would appealto the Privy
Councilto be relieved. The templeswere closedfor eight daysin
orderthat the followersmight sign the document. Maharajasvisit
the steamers,shop, and nach parties, but do not like to cometo this
Court, as they have not done so from time immemorial. (Mr.
Anstey.-Why do you say time immemorial, when your sect has
beenin existenceonly 400 years.) Our sect.hasbeenin existence
only 400 years. GovardhanathjiMaharaj was a large trader; he
receivedvisits fromand paidvisits to Parsiand Mahomedan traders.
I knownothing of the Mahomedan mistressof YachhalajiMaharaj.
I do not know if there is a book containing verseswritten by the
plaintiff. I havenot readit. Thereis a separatezenanawhereall
the ladiesgo to visit the Maharaj'swives. The devotees
areallowed
to seethe imageeight times a day. I have sometimesheard that
women'sdressesare handled indecentlyin the crowd, and their
persons
disgraced.In thewinter the menandwomenattendat so
earlyanhourasfouro'clock. I did drivethe Maharajascarriage
as
coachmanj I do not considerit disgraceful
to do so, I did not
slightthelateGovernor,
LordElphinstone,
whiledrivingin public
in ordertopayrespect
to ourMaharaj.Beforethepublication
of
thelibel I havereadin someof thepapersthatthe Maharajas
were
in tho habitof committingadultery. This wasaboutfour years
ago.There
wasa talk amongst
members
of theYallabhacharya
caste.I donotknowif anyreplies
weremade
tothis. There
was
a talk,I believe,
among
theBhattias
thattheirfemales
should
12 APPENDIX.
j ournalistbeforeI became
a reformer. Thetyrannyandevil practices
of the Maharajasinduced me to write against them. Besidesmy own
works, there were pamphlets, books, placards, etc., publishedin dif-
ferent languagesto exposethe practicesof the Maharajas. They
were published long before my time, and one of them wasa drama
written 250 years ago. There was no prosecution for libel by a
Maharajexceptthis. My object in writing wasto get the Maha-
rajas reformed. The plaintiff had organsto opposeus. One of
them was the Vishnu Panoh newspaper, patronized by plaintiff;
another was the religious pamphlet edited by plaintiff himself.
Plaintiff wrote several times letters to the CliabuJcand Satya Pra-
MsJi and other newspapers. The communicationswere madeto me
throughGovardhandas, plaintiff's secretary. Plaintiff has beenin
Bombayfor someyearspast; he returnedto Suratlast year. He
showedgreatintereston the subjectsof femaleeducation andwidow
re-marriage. Subsequently,at a public meeting,plaintiff declared
himself againstre-marriage. Prom that time hebecame unfriendly
to me, and discussedwith me, through the publications,the
questions
of re-marriageand the creedof Yallabh. Theseare
the pamphletsin which the discussionwas conducted by plaintiff.
Plaintiff wrote a letter which was publishedin the CMbuJcof the
29thSeptember,
1860. In the" Propagator
of ourownEeligion,"of
16 APPENDIX.
obedient: they don't allow a man who has incurred their dis-
pleasure,
to visitthetemple.Visitingthetempleoncein a day
is indispensable.,
I have seenMaharajas put their feet on the
breastsoMyingtnen,with theview of purifyingthemof sin. Ee-
wards
aruf aii forthis,fromEs.5toEs.1000.A penalty
is attached
to the breachof the kanthi vow. The general characterof the
Maharajas
in my sectis adulterous
andlicentious.The plaintiffis
knownto be debaucherous. The consequence
of the Maharajas'
practiceshas been general debaucheryin the sect; and great
scandaland shamelessness
prevail. The dedicationor»bowingof
maidensto the Maharajasbefore marriage, has given occasion
to these practices. The Maharaj is called, also, "one whose sole
aim is amoroussport with women." Certain. portions of the
sect, the Marjadis, consider these practices as meritorious, and
in no light worthy of blame. In addition to Marjadis, there are
the "Yarkats," who are considered the most zealous of the Maha-
rajas' followers. They generally act as procurers of women for
the Maharajas. Every Varkat is necessarily a pilgrim : they form
a distinct caste. The first thing in my studies, which arrested
my attention, was the commentary of Gokulnathji. The " ten prin-
ciples" are explained in a Marathi book called "Kavi Charitra."
The Maharajas, also promulgated a new set of doctrines called
" Pusliti Marg." The Siddhant Eahasya was written by Yallabh,
and his grandson Gokuluathji has written a commentary on it. J
had my doubt excited as to portions of the Commentary,which led
me to studies and enquiries, the result of which was, that I believe
that these were the real doctrines of the sect. I announcedin my
papertheresult of my studiesassoonas I had satisfiedmy curiosity.
I wasayarethat thefemales
of rny sectbelievedtheMaharajas
to
be incarnations of Krishna, and that as the gopis obtained
salvation by foiling in love with Krishna, our females were bent
uponadulterous
lovetowards
theMaharajfewvA^t
I didnotknow-
that such doctrines were contained in any of the sacred'books..,
of the
sect,until I learnedthe fact from personalenquiriesand research.
The Maharajis known by different names,such as Agni Svarup,
A'charya,Gosaiji,Yallabhakul, etc. The Maharajpretendsto be,
and is believedto be, the personificationof God. In respectto'
2
is
SpencerComptonread Englishtranslations
of passages
from the
sacred
booksof the Yallabhacharya
sect,which wereput in as
exhibitsthe previousday).
(KananddsMulji, cross-examined by Mr. Bayley). I first"
becameacquainted
with the plaintiff in the year 1860,but have
neverbeenIn his company,nor even spokento him in my life.
He hasno templein Bombay. Maharajas
havingno templesof
, their own,go to the templesbelongingto otherMaharajas. I have
no ocular knowledgeof any improprietiescommittedby plaintiff,
buthavehadin respect
to others,whenI usedto visit Thetemples
aboutten or elevenyearsago. I have observedthe improprieties
of Jivanji, the head Maharaj. I have not been to the temple?,
I believe,since1848,becauseI knew that the Maharajas'conduct
was blame-worthy. I meanimproprietiesto the extentof pressing
the toesof females by Jivanji Maharaj. I went oncea week every
Sunday, to Jivanji's temple. The temple consistsof two parts, and
I have seen both. I saw the toes of the females pressedthree or
four times when I myself went to touch the Maharajas' toes. I did
not mark this when I was young, that is, under fifteen. This
circumstance, combined with their general reputation as regards
adultery, made me secedefrom the Maharajas. Jivanji is still my
guru, but I stopped visiting him. I have a daughter round whose
neck I put a kanthi myself, according to the ceremonialforms of
my sect. Many Vaishnavas have put kanthis with their own
handsround the necks of their children. There may be two hundred
reformers among the Vaishnavasat the utmost. "WhenI say all the
Maharajashavecarnalintercoursewith the daughtersandwivesof
their devotees,and that maidens are first sent to the Maharajasafter
their marriage,I say sofrom generalreputation. Besidespressing
the toes,I have seen the Maharajas throwing" gulal on the breasts
of femalesduring the Holi festival in differentyears,whenall the
men and womenwere in the temple. It was gulal which had
been offered to the idol, and is considered holy by the people.
The gulal was sometimes
thrown in balls, which where pointedly
thrown at the breastsof females. I received spiritual instruction
from the Maharaj once in my life when the kanthi was put
round my neck. Thesesacredbooksarethe propertyof two of my
20 APPENDIX.
mypersonal
knowledge.At the timeI wrotethearticle,I believed
that the Maharajas
did defiletheir femaledevotees.
(Ee-examinedby Mr. Anstey). Noneof the sectsdoesin itself
representthe ancientHindu religion. The adulteriesof the
Maharajas
area matterof notoriety.CaptainMcMurdo haswritten
on their adulteriesand on the Eas Mandali, in the 2nd volume of the
*"<Transactions
of theLiterary Societyof Bombay,"publishedin the
year1820. He says:
-" TheBhattiasareof Sindhorigin. They
are themost numerous and wealthy merchantsin the country,and
worship the Gosaiji Maharaj, of whom there are many. The
Maharajis masterof their propertyand disposes
of it as he pleases;
and such is the veneration in which he is held, that the most
respectable
familiesconsiderthemselves
honouredby his cohabiting
with their wives or daughters. The principal Maharaj at present
on this sideof India is namedGopinathji,a man worn to a skeleton
and shakinglike a leaf from debaucheryof everykind, excepting
spirituous liquors. He is constantly in a state of intoxication from
opium, and various other stimulants which the ingenuity of the
sensualhas discovered. He is originally a Brahmin. ..... The
well-known Eas Mandalis are very frequent among them (the
Bhattias) as amongother followers of Vishnu. At these, personsof
both sexes and all descriptions,high and low, meet together, and,
under the name and sanction of religion, practise every kind of
licentiousness/' (Witness heredefines the grammatical construction
of the passagecontainingthe libel,-' You Maharajas!'etc.) I am
sure that the songsI haveprinted give exactly the substance of
what I haveheardwomensing. Maharajasare sometimes calledby
the nameof Purushottam, " Godor most excellentBeing,"or Puma
Purushottam,"Perfect God,"or "Perfect excellentBeing."
(Rev.John Wilson,jD.D., examinedFebruary 8, 1862.) I was
ordainedto the officeof the ministry by the Churchof Scotland;
andama graduateof the University of Edinburgh. I cameout to
this countryin the beginningof 1829. My professional dutiesas a
missionaryhave led me to the study of someof the easternand
Indian languages. I have studiedthe Sanskrit,and with it the
Zend,andto a certainextentthe Pehlivi. I amacquaintedwith
someof the Prakrit (or provinciallanguages
derivedprincipally
EVIDENCE FOR THE DEFENCE. 23
fromtheSanskrit),
andwiththeBrij Bhasha
in bothits spoken
and
writtenforms. I havepresided
at the examinations
in languages
of
gentlemenof both the Civil and Military Servicesof India. I was
offeredthe officeof Oriental Translatorto Government,
but I
declined it. I am a member of several learned societies. I am
a Fellowof theEoyalSociety;anda Memberof theEoyalAsiatic
Society of Great Britain and Ireland. I am a Member of the
BombayBranchof the HoyalAsiatic Society; for sevenyearsI
wa$ its President; and since 1842, I have been its Honorary
President. I am a CorrespondingMemberof the BengalAsiatic
Society,and of the German Oriental Society. I am also an
HonoraryMemberof oneor two other foreign societies. I am the
authorof severalworkson the ancientIndian and Persianreligious
systems; and have long prosecuted the study of the literature of
the East,which I commencedwhena studentat the University. I
haveheardmostof the evidence
in this case,up to yesterday,
whenI
was absent from the Court. The Vishnu Purana is a sacred book of
community. It is ahistorical
factthat themoremodernreligions
of thiscountryarelesspurein their moralitythanthosewinch
prevailedin thislandof old. Verygreatchangeshaveoccurredin
Indiain theconcept andtreatment of thegods,
andpositivelyfor
the worse,as admittedby the Hindusthemselves.I haveheard
of the founder of a Hindu sect, named Vallahhacliarya. Ho
flourishedfrom the end of the fifteenth to the beginning of the
sixteenthcenturyof the Christianera. I haveread in Hindu
booksof a visit madeby him to KrishnaD6va,king of Yijayu-
nagar,when he is said to have receiveda large presentof gold;
and I find Krishna De>amentionedin the chronologicaltables of
his dynasty under 1524. I hold in my hand a Sanskrit Drama
entitled PdkJiandaDharmaKhanda,or the Smashingof Heretical
Beligion, bearing the date of Samvat 1695 (about A.D. 1039),
and which hasthe appearance of having beenproducedabout that
time, in which I find distinct referencesto YallabMcharyaand Ida
sect. (To Sir Matthew Sausse.) I have not found any reference
to the dramain the booksof authority in the sect. I don't know
if it has ever been acted; but it is the custom of the Brahmins
to compose dramas, and circulate them among their friends, as
literary compositions,without referenceto their use on the stage.
(Witnesscontinued.)t I have seen notices of the Vallabhachaxyun
sectin the "Transactionsof the Literary Societyof Bombay'*(now
the B. B. B. A. S.), vol. ii,, by Capt.McMurdo,Ecsidentin Katch
(given into Court by KarsandasMulji); and in vol. xv. of the
"Transactionsof the BengalAsiatic Society/' by Horace II ayman
Wilson,for sometime the Secretaryof that Society,and beforehis
deathProfessorof Sanskritin the University of Oxford. (To Sir
M. Sausse.) From my personalstudyof the doctrinesof the sect,
I believe that they are of an impure character. I agreewith tho
opinionexpressed
by Professor
H. H. Wilson in tho following
passage : " Amongst other articles of the new creed, Yallabha intro-
ducedone,whichis rathersingularfor a Hindureligiousinnovator
or reformer:he taughtthat privationformedno part of sanctity,
andthat it wasthedutyof the teachersandhis disciples
to worship
theirdeity,notin nudityandhunger,but in costlyappareland
choicefood,notin solitude
andmortification,
but in thepleasures
EVIDENCE FOR THE DEFENCE. 25
of societyandtheenjoyment
of the world. TheGosdis
or teachers
are almostalways family men,as was the founderYallabha,for, .
after he had taken off the restrictions of the monasticorder to which
he originallybelonged,
he married,by the particularorder,it is
said,of his.newgod. TheGrosaisarealwaysclothedwith thebest
raiment,andfedwith the daintiestviandsby their followers,
over
whom they have unlimited influence: part of the connectionbe-
tweenthe guru and teacher,being the three-foldSamarpan
or con-
signment
of tan, man,and dJian(body,mind,andwealth),to the
spiritual guide." I agreealsowith what Professor W. saysof the
eight daily timesof worshipof the sect; and of the venerationpaid
" to its superintendents, the Gosais, the descendantsof Yallabha.
"It is," he says, "not an uncurious feature in the notions of this
sect,that the venerationpaid to their Grosais
is paidsolelyto their
descent,and unconnected with any idea of their sanctityor learn-
ing ; they arenot unfrequentlydestituteof all pretensionsto indi-
vidual respectability,but they not the less enjoy the homage
of their followers." (To Mr. Anstey.) The dramato which I
have referred is, making certain allowances for scenic figures of
speech,a faithful and vivid mirror of the doctrines and practices of
the sect, as they prevail at the present day. I could not give a
more faithful picture of these doctrines and practices of the sect
than by reading some of the passageswhich I have extracted from
the dramaandtranslatedinto English. They areasfollows:-
TheSutradhdra
(saysto the Nati):-0 dear,the Yedshavefled somewhere;
nooneknowsthe story of their flight (i.e. whither they havegone). The collec-
tioa of the Sankhya,Yoga, and the Pur&nashas sunk into the bowels of the
earth. Now, young damsels,look to the self-dedicationpreachedby Shrimat
VallabhaYithaleshvara, whohasconspired to falsifythemeaning of the Yeds.
" EntersaYaishnava, havingonhisneck.,ear,hand,head, andaround hisloins,a
wreathmadeof the vrindd(Ocynium Sanctnm or Tulasi),havingon his forehead
Gopichandana (a substitutefor Sandalwood).He is onewho repeatsMdhsi!
Krishna1 Beingopposed to the Shruti,heis thereproacher of thosewhoadhere
to theYeds. He findsat everystep,crowdsof females filled by Kama(lustor
cupid). He is the kisserof femaleYaishnavas!YeYaishnavas, yeYaishnavas,
hear the excellent and blessedYaishnava doctrine-the embracingand clasping
with the armsthe large-eyeddamsels,
gooddrinkingandeating,makingno dis-
tinctionbetween
yourownandanother's, offeringone'sselfandlife to gurus,is in
theworldthecause of salvation."Mutualdining,carnalintercoursewithfemales,
nightandday,drinking,
forming
endless
alliances,
arethesurpassing,
beautiful
cus-
tomsofthepersonswhohaveconsecrated
theirsouls
to ShriGobxLesha,
Charity,
2G APPENDIX.
devotion,
meditation,
abstraction,
theVe*ds,
anda croreof sacrifices,
arenothing;
thenectarine
pleasure
oftheworshippers
of thepdduJed
(wooden
slipper)in Shri
G-okula
isbetter
thanathousand
other
expedients.
Ourownhody is thesource
ofenjoyment,
theobject
ofworship
reckoned
byallmenfittobeserved.If sexual
intercourse
doesnottakeplace
withtheGokulesha,theparamourofmenis-useless,
likea wormor ashes.Thechiefreligion
of theworshipper
of thegddickdisthe
consecration
ofa daughter,
ason'swife,andawife,andnot theworshipofBrahmins
learnedin theYeds,hospitality,
theShrdddha,
(funeralceremonies)
vows,and
fastings.-Translated
(fromthePdkhandaDharmaEhandana of JD&nwdarsvdmi)
"byJohnWilson,D.D.
("Witness
continued.) The sect of Yallabhacharyais a new sect,
inasmuch asit hasselected
thegodKrishnain oneof his aspects-
that of his adolescence,
andraisedhim to supremacy
in thataspect.
It is a new sect,in asfar as it has establishedthe PusUi-mdrga,or
way of enjoyment,in a natural and carnalsense. The sectis new
in its objects,and new in its methods. The god Krishna is wor-
shippedby its membersin the form of images,and in the form of '
the personsof their gurus,the so-calledMaharajas. The Maharaj
is consideredby a greatmanyof his followers asan Incarnationof
God,as Godincarnateaccordingto Hindu notions,which arepecu-
liar on that subject. The Yallabhacharyans hold that Yallabh-
acharya and his official descendantsare incarnations of the god
Krishna, without holding that there is a completeembodimentof
him in any one of them. Accordingto Hindu notions,therehave
occurrednine incarnations of Yishnu, the last of .them being that of
Buddha. The orthodoxHindus do not believein anyincarnations
which aresaidto havetakenplacebetweenthe time of Buddhaand
the presentday. TheYallabhacharyans, on the contrary,hold that
Yallabhacharyaand his descendants are incarnationsof Krishna.
They view the Maharaj as intermediatebetweenthemselvesand
the god Krishna, in the senseof his being entitled to have his
dicta receivedas equalto thoseof Krishna himself. I have looked
to the following passages in works in the Brij Bhasha,recognized
by the Yallabhacharyans, and giveninto the court,and havefound
them correctly rendered:-" "We should regard our guru as God.
Por if God get angry, the Guru De*va is able to save from the
effectsof God'sanger,whereasif the guru is displeased, nobody
is ableto savefrom the effectsof the guru's displeasure." (Cha-
tursMoMBlidgavata.} *' "WhenHari (God)is displeased, the guru
EVIDENCE FCXR THE DEFENCE. 27
text). Aftermarriage,
even
before
usingherourselves,
theoffering
of her (thatis thewife) shouldbe madewith a viewto herbe-
comingusable(by ourselves).So,likewise,afterthe birth of a
son,sons,etc.,shouldall be madeover. On all occasions(and)on
accountof all occasionsthere shouldbe the making over. After
makingthe things over,the different acts shouldbe done." The
translation
of thispassage
(signedYishvanath
MrayanMandalik),
givenin as an exhibit, is correct. In regardto a Brahmin,it is
saidin theBhagavad-Gfitd, that hisinherentqualitiesare"quiescence,
self-control,devotion,purity, patience,rectitude,secularand sacred
understanding, therecognitionof spiritual existence,and the inborn
dispositionto serveBrahma," The systemof the Yallabhaclmryans
hasa relationshipto this ideal somewhatanalogous to that which
Mormonismhas to Christianity. The senseof shameand of decency
is outragedby thedoctrinesand practicesof theYallabhacharyans.
There is no senseof shamerecognized in the doctrines of the sect.
I haveheardthat the translationof the Gujaratipassage
containing
the allegedlibel has been disputed. (Directing attention to a pas-
sagepointedto by Counsel,the witnesscontinued.) " Ye Mahara-
jas (in the vocative),on acting accordingto that commentary(or
when you act accordingto that commentary),jou corrupt the wives
and daughtersof your devotees,lift your hand from this." The
passageis susceptibleof the interpretation given of it by the de-
fendant. All things considered, the alleged libel is a very mild
expostulation,involving an appealto the principle that the pre-
ceptors of religion, unless they purify their lives, cannot expect
successto attend their labours. I do not think that the plaintiff
is necessarilyinvolved in what is said except in a general and
inferential way. [Mr. Anstey then handedto witnessa form of
dedication in Sanskrit usedby the membersof the sect of the Yal-
labhacharyans
onreceiving
thekanthi(throat-ornament
of thesect).]
The translationof this formulais the following:-" Shrf Krishnais
my refuge. I, who amsufferingthe infinite painand tormentpro-
ducedby enduring,for a thousandmeasuredyears*, separation
from
Krishna,doto the worshipful Krishna consecrate my body, organs
of sense,life, heart, and other faculties,and wife, house,family,
property,with my own self. I am thy slave,0 Krishna."
EVIDENCE FOR THE DEFENCE. 29
(ToSirMatthew Sausse.)
I cannot
saythatanysectat present
strictlyfollows
theancient
Hindureligion.I knowat leastof
one sectthat holdsimmoraldoctrinessimilarto thoseof theYal-
labhacharya
sect. It is thatof the SMJctas,
worshippers
of the
ShaUts,or femaleenergies. (Mr. Seoblehandeda Sanskrit
pamphlet
to thewitness,
whenwitness
proceeded.)
Thispamphlet
bearsonits cover,that it hasbeenpublishedby the order of Shri
Gokuladhishji
Maharajadhiraj.
(!) It is a collectionof various
pieces.Thesentence
towhichyoupointdoesnotreferto adultery.
Visliaydlwdnta
(occurringin it) is not equivalentto adultery; it
meanswhat is sensual. The connexion of the passage,however,
has to be looked at.-I have heard of the sect of Svami ISTarayan
at
Ahmedabad.Thehigh priest thereis the third or fourth in official
descentfrom its founder. His sect worships Krishna; but its priests,
I believe,do not marry. I don't objectto the marriageof priests.
There are a number of sects in India as recent as that of Yallabh-
acharya. Wordsare symbolsof ideas; and it is not with words
themselvesthat fault is to be found, but with the application some-
times made of them. The words tan, man, and dhan are right in
themselves; but they are badly applied by the Maharajas. It is
only of late years that tolerably successfulattempts have beenmade
to assign chronologicallimits to the different works of the Hindu
literature. The intelligent members of the Hindu community are
making researches at present about the foundations of their religion.'
Thereformparty is verymuch identical with what is calledYoung
Bombay. I have read someof the works of the plaintiff and his
associates,and have formed a very low estimateof them.
(Re-examined.)I haveseenvery obscene conducton the part of
the followersof the Maharajas,and haveturnedawayfrom it with
disgust. I should have been pleasedto have seena better state of
things in this country. Many of the passages
giveninto the Court
asexhibitswerefirstshown
to meby the defendant
andhis party.
Some
ofthemI myself
firstbrought
to theirnotice.-(To
theCourt.)
Themeaning of BasLila is, etymologically
andproperly," amorous
sport.'7Hasalone,means juice,as the juice of the body,or the
juiceoffruits. Aimo,
means
self,soul,spirit,and(in theY£danta)
the Deity, supposedto be the universal soul.
EVIDENCE FOE- THE DEFENCE. 31
approacHng
the personsof Maharajas.I haveseenten or twenty
Maharajas
worshippedby females.Thefemales touchthesolesof
the Maharajas'
feetwith their hands,
andthenapplythemto their
own eyes.I haveseenfemales performthis kind of worshipto
plaintiff. SeveralMaharajaspressthe toesof their femaledevotees.
I havenotseentheplaintiffdo this. Pressing
thetoesis a signof
a desirefor adultery. "Whenthe femaleslook at the Maharajas,
the latter make signswith their eyes. Accordingly,the females
takethishintandretireintoa room. I speak
thisfrommy personal
knowledge. The gulal is thrown on the occasionof the Yasant
Panchami(whichfalls shortly beforethe Holi holidays). Thegulal
is thrown by the Maharaj on the personsof such femalesas he
wishes to gratify his desire with. Gulal water is also thrown by
meansof syringes,andthe Maharajtakespreciseaim at the females.
This is donewith the sameobjectand purpose. Femalessinggarbis
(songs)of an amorouscharacterin the presence of the Maharajas;
suchas,"I wasasleepand you awokeme/' "You will easemy
mind if youwill takeme," "You are my husband/7and so on. The
purportof suchsongsis evidentas sungin the presence of the Maha-
rajas. It is notoriousthat theMaharajas areadulterers. The plain-
tiff's reputationis no way betterthan that of the otherMaharajas.
Accordingto our Shastras,conductsuchas this (throwingpowders
on females) is consideredequivalentto adultery; andin fact, under
the head of adultery in a religious book, it is so described.
"Chuva," a sort of fluid, is thrownby females
on the persons
of
the Maharajas. Suchconductis witnessedquietly by the husbands
of females
who singthe "garbi" beforethe Maharajas.I first
becameacquainted
with Jadunathji
aboutsixteenmonthsago,when
he paid a visit to the house of Jivara"zBalu and sent for me. I am
acquainted
with aboutsevenor eightMaharajas
in Bombay.They
areJivanji,theheadMaharaj,
Grokuleshji,
Dhishji,Gokuladhishji,
Chimanji,Maganji,Dwarkanathji,andJadunathji.I havebeen
outof Bombay,
andhaveseen
Maharajas
atKatchMandavi,
Beyt,
etc. The Maharajat Mandavi,is Banchhodji,
and I was also
acquainted
therewith Maji Maharaj,
the widowof a Maharaj.
Eventually
theMaharajas
refused
to accede
to my request
notto
admitfemales
intothe templeunless
at certainhours. Therefusal
EVIDENCE FOR THE DEFENCE. 35
andGokulnathjTs
commentary,
areto my mindproductive
of
adultery
in thesect,
andlend-encouragement
to it. It is saidin
the"Propagator
of ourownBeligion"thatwe oughtto be in
adulterine
lovewith God,"in another
placeit is saidsuchlovecan-
nothecherished
in theKaliYug. Ofthese
twocontradictory
in-
junctions,theformer,to my mind,would haveeffectover a persons
mindmuch
more
readilythanthelatter. Theadulterine
lovewith
Godmeanssomething
astheadulterine
lovebetweenthe Maharajas
andtheYaishnavas.
Themeaning of thededication
of the "tan"
is that therwivesand daughters
of the devotees
are dedicatedto the
Maharajas.Theseator "baithak" of the Maharajas,
even,in his
absence,is worshipped
and respectedby the devotees. I wasmyself
presentat the meetingof the Bhattiasin 1855,and took a part in
the proceedings.
(Cross-examined.)
I am not called Mathurd Panth becauseI
have founded, or am about to found, a new sect; it is only because
I have opposed
the adulterouspracticesof the Maharajas. I fre-
quentat present
the templeof Jivanji Maharaj. I don't sendmy
wife to that or anyothertemple,thoughit is the customamongthe
Yaishnavasto sendtheirwives. Thewivesof veryfewYaishnavas
donot go to the temples.I donotworshipJivanji as God. The
otherYaishnavastouch the Maharaj Jsfeet, swing him in a swing;
a sacred
necklace
is put round the neckof the Mahdrajin the same
wayasit is put roundthe neckof theimagej theytakeup the dust
of the feet of the Maharajand eat it or put it into their mouth.
Whenworshipping, they call him MahaPrabhuji,Purushottam,
Yallabh
Deva,etc. I canswearthat the Maharajis addressedin
these
namesof theSupreme Being,andnot the image,whichis in
an inner room. The Maharajastake their seatoutside. At that
time,thedoorsof theroomcontaining theimageareshut. I have
beento the templesbelonging
to the otherMaharajas;
the formof
worshipisthesamein all. I wentto worship
theimageonly. I
joinedmyhands to theMaharaj,butdidnotworshiphim in any
way. It is statedin the sacred
booksthat theworshipof the
Maharajshouldbeperformed
in thesamewayasthat of God. Tho
Maharajas
areBrahmins,andareregarded asgurus. As Brahmins
theyarenotthepreceptors
of religion. A few of theYaishnavas
do
EVIDENCE FOR THE DEFENCE. 37
notconsider
the Maharajas
asgods. I donot,but my brotherdoes
considerthemas such. The dedicationof " tan, man,and dhan" is
not at presentmadeby all Hindus. That after the dedication,the
Maharajcan do what he pleaseswith females,is a matter of no-
toriety. I havenot seenany act of improprietyby the plaintiff; I
haveheardof some. About four years ago,on the occasion of the
marriageof my daughter,a Maharajwas invited by the father-in-
law of the girl. A Maha*rajthen demanded a fine frommeof Us.
5-4 which I refusedto pay; it wasfor my appearingin mourning,
" Krishna LilaJ>meansamoroussport with Krishna, -tfhich com-
mencedwhen he was six or seven years old, and lasted till he
reachedhis eleventhyear. Somefour or five yearsago, I saw
dramasof this story of Krishna, which were performedin Maha-
rajas'templesbeforemalesand females. Picturesof this story are
sometimes observedon the walls of somebuildings,not onthe walls
of temples. The women,however,are not paintednaked. This
book, containingone indecentand someother pictures,was pub-
lishedat Ahmedabad
five yearsago: it is an abridgement
of the
Bha"gavat.It is recognised
amongthe Yaishnavas;thereare some
partsof it whicharerecognised
by others. It is certainlyindecent
to observe
nakedmenor womenon.the top of a tree. I havenever
appearedin that mannerona tree. I haveneverseenanypictures
in theY£ds, TheMaharaja's wearlonghairandconsider themselves
as gopis(cowherdesses)in this world. It is so statedin oneof
the sacredbooks. The hair on the headis worn by the Hindusnot
with the objectthat angelsmayholdus by it andpull us up to
heaven:it is to be tiedup at thetimeof worship. Theplaintiffis
a merehumbugwhenhe pretends to encourage femaleeducation.
I haveheardthat he opened a femaleschoolin Surat;andhecol-
lectedsubscriptions in Bombay for defrayingits expenses.
At the
meeting
oftheBha*ttias
heldin 1855,
several
resolutions
werepassed,
oneof whichwasto preventfemales
from goingto the temples
at
nightduringthecoldseason.
Theobject
wastoprevent
thembeing
defiled
bytheMaharaja's.I haveseen
GokuMdhisji
makesigns
to
femalestwo or threetimesaboutfive or six yearsago. Promtheir
dress
I knewthewomenbelonged
to ourcaste. Theplacein which
the Maharaj
females
resideis separate
fromtheplace
where
these
38 APPENDIX.
actsarecommitted.
I havebeento his bed-room,
andhare seen
females
going
intoandcoming
outof hisbed-room.
I havebeen
there
onlyonce,
fiveorsixyears
ago.Hehassent
forme,asthere
wasasubscription
list tobeprepared. Widowsareconstantlynear
theMaharajas'
bed-rooms: it istheirbusiness.
I haveseenDwar-
kanathji
Maharaj
givinga signalto a female
to go intohis bed-
room. Onseeingme,he heldbackhis handwith whichhewas
makingthesignal.Shewasaskingsomething
of theMahar&j,
and
the latter said"take this"-(witness explains the very indecent
attitudeandsignalmade). Thefemalewasa marriedwoman,about
twentyyears
ofage. I once
threwgulalonthemother-in-law
of my
daughter,
on theoccasionof her marriage. This sprinkling of gulal
wasdonewith respect,
not in theway in which Maharajasthrow it.
On throwingthegulal,I madeher a presentof money. I remember
oneMatuji Maharajhelda meetingsomeyearsagoat Mahalakshmi,
on whichoccasiongulalwasthrown. In the islandof Beyt,when
the Maharajasthrow gulal, they touch the females. Licentious
songsaresungby femaleson occasions
of marriage; but when they
areaddressedto the Maharajas,the femalessinging them wish for
carnalintercoursewith them(the Maharajas). In somesongs,on
occasions
of marriage,the womenononesidewish thoseonthe other
sideto exchange husbands,for the time being of course. Sucha
thing is neverdone;it is carriedinto practiceonly with the
Maharaj,I haveseenthe seatsof Maharajas at Bombay,Beyt,
andMandaviworshipped
by Yaishnavas.If the Bhattiasof Bom-
baywereeducated
at all, suchadulteries
wouldnot prevailamongst
them.Thereport
in theSafya
PraMsh
isnotafull reportof the
Bhattiameetingheldin 1855: theresolutionaboutthefemalesand
andtheMaharajas is omitted.
(Ee-examined.)
At thetimeof the Bhattia"
meetingin 1855,I
readthe Samdchdr
in which the substance
of the resolutionabout
thefemales
is given. It is alsocorrectly
givenin theJdmi-
JamsMd.Theresolutionwasnotembodied in thereportpub-
lishedin the SatyaPraMsh,because
it wasnot comeinto force
untilayearafterwards.
I thinkthesinging
oflicentious
songs
on
occasions
ofmarriage
is going
outoffashion
through theprimary
exertions
oftheSatija
PraUsh.TheMaMraj&ssittingin conclave
EVIDENCE FOB, THE DEFENCE. 39
threatened
to finemeonce,because
I hada controversy
with them.
They have committedmanysuch extortions. The plaintiff saidhe
hadopeneda femaleschoolat Surat: I hadno furtherknowledge
of its beinga fact. Thereis a principaltempleof a Maharaj
at Beyt.
(Dr. HMu Ddji, examined,February14, 1862.) I ama Graduate
of the Grant Medical College,and a private practitioner. I ama
prizemanof the ElphinstoneCollege. I won a prize on the best
essayon Eemale Infanticide in Kathiawar. I was a member of the
late Board of Education,and ama Fellow of theBombayUniversity.
I ama memberof the BombayBranchof theRoyal AsiaticSociety,
the Bombay GeographicalSociety,and of severalother Societies.
Thereis a femaleschoolpermanentlyendowedin my name. I am
a ShenaviBrahmin, and not a memberof the YalLabhacharya sect.
I have obtaineda diploma of the Grant MedicalCollege. I have
taken a particular interest in the history and antiquitiesof my
Country. My practice extends amongst all classesof the natives,
and I was the first Graduateemployedby the Maharajasof Bombay.
I know the plaintiff, whom I first sawabouta yearanda half ago,
once or twice professionally.
Mr. Anstey.-What was the nature of his disease?
Dr. Bha'u.-Am I bound,my Lord, to namethe disease which I
cameto know confidentiallyin the courseof my profession
?
Sir M. Sausse.-It is a proper objectionon the part of this
gentleman.
The objection was overruled.
("Witnesscontinued.) The diseasewas syphilis, which is com-
monly known as the venerealdisease. I did not treat Mm for it;
he mentioned to me that he was suffering from "chandi," and
would send a man to me the following day. " Chandi" literally
means chancre, an ulcer. There were two friends present-Mr.
Lakhmid£sKhimji and EaoSahebVisvandthNarayan,who retired,
as soonas the plaintiff beganto describeto methe disease.Sofar as
I remember I did not visit him again. He said the story of the
casewould be explainedto methe next day. It wascommunicated
to me by Govardhanda"s,
plaintiff's secretary
anddisciple.Govar-
dhandascameto methe next day, and said MaharajJadunathjiwas
40 APPENDIX.
suffering
fromchancre. I insisted
uponan ocularinspection,
and
in themeantime
prescribed
simpleointment.He didnotsend for
meagain.I have attended
threeothersimilarcases
connected
with
Maharajas.I sawJadunathji's
fatheratSuratin December,
1849.
I went to his house. He lived on the secondstory of his house.
Therewasa privatestaircase
pointedoutto me,by whicha person
couldpass
outwithout
theknowledge
of those
in therooms
onthe
firststory. Theplaintiff doesnotbeara goodreputation ; I havea
veryunfavourableopinion astohischaracter
forchastityandmorality.
I haveknownonlyonelearned Maharaj: tberestarenot abovethe
average of ordinaryBrahmins. TheMaharajas arerespected for
their descent,
not for their learning.Theyareworshipped as in-
carnationsof Krishna. I have seenthem so worshipped. After
the visitorshave paid their respectsto the idol, they go to pay it
to the Maharajwhositsoutside. Thereis no orderamongvisitors;
thereis greathustling and elbowingof men and womentogether.
At the entranceto the inner room, there is a railing, at which two
persons stand with large cords in their hands. Accidents have
occurredfrom the striking of the cords. I have known an instance
in which ornaments were lost in the crowd. I have seen the
Maharaj'sbath,and hundredsrushingto drink the water dripping
from his langoti. The women apply their hands to the soles of his
feetand eatthe dust. In the compoundof this (the,Bhuleshwar)
temple,
thereis a onestoriedhouse,
to whichtheMaharajrepairs
afterhe hasdonewith the personalworshipof the image. The
devotees
paymoreattentionto the Maharajthan to the idol. There
aretwo roomsin the houseand two staircases, oneleading to the
templeand oneto the outergate. Thereis an entrancefrom the
zenanainto the Maharaj'sbed-room. The inmatesof the zenana
havetheir facesalwayscovered,but the facesof the femaledevotees
areuncovered.In this templeI haveseenseveral
picturesrepre-
senting
thesportof Krishna
with thegopis
; I don'tthinkthey
wereindecent.AbouttwentyyearsagoI sawa Mahdrajexhibit-
ing indecentpicturesto menand women. His conversation
wasall
aboutwomen:it was somewhat
indecent.My opinionof the
character
of theMaharajas
for moralitywithwomen
is veryun-
&vourable.
I have
attended
three
Maharajas
(besides
theplaintiff)
EVIDENCE Toil THE DEFENCE. 41
forvenereal
disease.
Ononeortwooccasions
aMaharaj
applied
to
meformedicine
whichwouldpreventawoman
frombeingpregnant
I hadconversation
with JivanjiMaharajabouttheimmorality
of
theotherMaharajas,
oncepublicly. I remonstrated
with him; but
he said he had no control over the adulterous acts of the Maha-
rajas. Thiswas aboutthreeyearsago. TheMaharajas
aresec-
taries,iand are not goodBrahmins. A Brahminhas six duties to
perform:"-Sacrificingand assistingat sacrifices,
taking charity and
giving charity,etc. The Maharajasonly takecharity. The great
majority of them are not fit to be gurus. Their acts are incon-
sistentwith the ancient doctrinesof the Hindus. A guru is a
person who initiates a child: it may be his father, his relative, or
the family priest. There is no mention of " tan, man, and dhan,"
in our gayatri,or verse of initiation, which is to be recitedonly
mentally. It is not innocent sport to throw gulal on a female: it
is consideredone of the three forms of adultery. (Eeadsthe
translation of a passagefrom one of the Hindu law books called
MitdfoJiard.}
PuhlicInstruction
in 1829at Calcutta.The bracketsat the endindicatewords
in theSanskrit
Originalbut ommited
in the Marathitranslation.
The word tild meansamoroussport. The dance called Eas
Lila is mentioned
in ProfessorH. H. "Wilson'sdictionaryandin the
Bhagavata.I canbestdescribe
the way in whichthe Maharajas
weartheirhairby showing
a photograph
takenby my hrother(Dr.
MrayanDaji). Exceptin onerespect,the way in which they
weartheir hair is peculiar.Therehavelong beenpublic discussions
and noticesof the conductand characterof the Maharajas. The
earliest bitter notice that I saw was in the DJiumJcetufive or six
yearsago. I believeall the Maharajaswearsilver toe-rings. This
passageat the end of the allegedlibel I wouldreadthus, according
to myjudgment:-Oh, ye Maharajas,acting on that commentary,
you spoil the daughters,etc., of your disciples: raise your hands
from that, and destroyat onceimmoralities like the " Eas Mandali."
I think that uponthewhole "acting on that commentary"is quite
positive. I think " desistfrom acting" is the mostemphaticpart
of the passage.The passage is addressedto the Maharajasgene-
rally. The plaintiff had a very bad reputationas to his chastity
at Surat;but hewasthenequallyrevered
asa Maharaj.
(Cross-examined.)
In the courseof my privatepractice,I have
attendeduponhundredsof differentcastesof natives,both high and
low. I am sure the plaintiff used the word "chandi." It is
possible
patients
maybemistaken in describing the symptoms of a
disease.Chdndioriginallymeanssilver;it is usedasa slangterm
for chancre.(To Sir Joseph
Arnould.) I was told the plaintiff
employedanotherpractitioner;
he did not like to expose himself.
(Witnesscontinued).
I thinktheplaintiffwasnot"ofasanguine,
butof a phlegmatic
temperament. I knownothingof plaintiff's
disease
personally
exceptwhatI wastoldbyhimandhissecretary.
I wishdecidedly
for a betterstateof thingsamongtheHindus
generally.I heardfromplaintiffthat he hadestablished
a female
school
in Surat;hewanted
totrainupthegirlsin thedoctrines
of
hissect.I havenever
beenpresent
at " EasMandalis;"theyare
knownto existas secretsocieties.I think Krishnahad no im-
proper
connexion
with thegopis;theywerein lovewith him.
(Ee-examined).
Thestoryof thegopisandKrishna
is notcon-
EVIDENCE FOE THE DEFENCE. 43
Beyt,whitherI hadbeenonapilgrimage.Ouracquaintance
ripened
into friendship. At Beyt I madesomepresentsto him, whenI in-
vited him to my residence. I alsomadepresentsto him on another
occasion.There is a templededicatedto Lakshmiat Beyt,whereI
oncesawJadunathji Maharaj. Therewere femalespresentin the
temple. After throwing gulai on the image,he threw it upon a
numberof persons, and in doing so, he pressedthe breastsof
a Bhattia"girl about fourteen years of age. As he squeezed her
breast,shesmiled. He threw the gulal upon the crowd,so that
they might not seethroughit what he wasdoing. I used*to visit
him at the place where he had put up. My maternaluncle,
DamodarDevji, accompanied me. I went to the. plaintiff about
oneo'clockin the day,whenhe wasin his bed. My unclewent up
and shampooed one of his legs. I went up and followed his ex-
ample. It is a great mark of respect to shampoothe MaharajJslegs.
The Bhattia girl above alluded to came there with a widow, about
a quarterof an hour after our arrival there. The widowwhispered
somethinginto plaintiff's ears,upon which he desiredus to go out.
'Weobeyedthe order. The widow cameout with us and went in
again. The girl wasleft in the bed-room. When I wentoutside,
my uncleinformed me of the visit of the females. Afterwards,the
.widow cameout, shut the door, put up the chain and held it with
her hand. The girl was inside all the time. In consequence
of
certain conversation I had with my uncle, we both went in again
to see the Bas Lila, i.e. the plaintiff's conversationwith the girl.
"We were allowed to go in the moment we expresseda wish. I saw
the plaintiff having carnalconnexionwith the girl. Severalpeople
are often anxious to see such Has Lila. Plaintiff asked my uncle
what I would pay for seeingthe Eas Lila. My uncle said that I
would servehim (plaintiff). I had to pay somemoneybeforeI
was allowed to see the Eas Lila. I was then eighteen or nineteen
yearsold. The followerswho are allowedto seethelila, aswell as
the femalewho is defiled, have to pay money for the indulgence.
It is considereda piousact, and sureto lead to the paradiseknown
as Gowlok. I left the room shortly afterwards from shame; my
uncle remained inside. Two or three days subsequently, I saw
another married Bhattia' female enter the plaintiff's bed-room.
46 APPENDIX.
to theprinter.I leftandvisited
plaintiffagain
in theevening,
whenhe tookmeinto an innerroomfor the purposeof private
conversation.
Heopened
theconversation
hy asking
mewhatT
haddonewith regard to openingfemaleschools
here. I saidto
him,"Maharaj,thisisall a sham;youprofess
to be a reformer,
whileinwardlyyoucommit suchacts!" He denied
thecharge.
Hesaidhehadbeeninsidefor the purpose of accepting
sweetmeat
or fruit. Plaintiffthenadroitlychanged the subjectof conversa-
tion. Onanother occasion,I hadconversation
on thesamesubject
with plaintiff. I said," You toldmethatyouaccepted sweetmeats
fromfemaledevotees openly,andhowwasit that youwentinside
theotherdaywith theyoungwoman?" Plaintiffsaidhe didsoat
the desireof the woman. I then askedwhy he kept the widowout;
to whichplaintiffmadeno reply. I haveseen,
maleandfemale
devotees
touchingthe solesof the Mahdraj'sfeet, and I have seen
him presswith his toesthe handsof females,young and beautiful.
About a week subsequentlyto what I have said above,I saw plain-
tiff taking somemedicine. I had another conversationin the bed-
room with plaintiff the sameevening. He directed me not to fathom
him and said, "What income do we derive from you, males? if you
make arrangementsfor large profits to us, I'll undertake to root out
adulteryfrom thepracticesof the Maharajas." Plaintiff's father or
grandfatherhavingcommitteda theft in TJdayapur or the neigh-
bourhood,he would not at any time be allowed to enter those terri-
torieswithout a pass. Plaintiff said he sufferedfrom syphilis. I
said,"Dtlaharaj! I am now perfectly convincedyou have not re-
formedyour conduct as yet." Plaintiff said, "Bo not fathom me.
Our incomeis chiefly derivedfrom females;if you make other
arrangements
for it, I will undertaketo root out the practiceof
adultery
fromamong
theMaharajas."Hesaidit wasimpossible
to
give up at oncesuch practices; but he had madesomereform in his
conduct.Plaintiffaskedme to bring in Dr. BhauDaji. I took
Dr. Bhau Daji to theplaintiff's residence.EaoSahebVishwanath
waswith us at the time. (Witnessdescribeswhat occurredthen
andin theevening.)Somedaysafterwards plaintiffinformedme
that he wasunderthe treatmentof Dr. Dhirajram.He became
paleandsickly. I tookDr. BhauDaji to plaintiffaboutthe middle
EVIDENCE FOR THE DEFENCE. 49
of September,
1860. Thegeneral
reputationof the Maharaja's
as
regardsadultery is very bad. I have personalknowledgeof the
licentious conduct of ten, twelve, or fifteen of them. After the
meetingof the Bhattia*sin 1855,I had conversation with Jivanji
Maharajon the subjectof the conductof the otherMaharajas.I as
well as others were sent for by Mm. "Wesaid the printers-were
discussing, and he had beenservedwith a summons.Dr. Bha"u,
Yinayikrao"Wasudeva,and if I mistakenot Mrayan Dinatnathji,
werethere. Dr. Bhau saidto theMahaiaj," Eeformyour conduct,
bepious,establish schools,preachto your followers,etc.,and none
darepublishanything againstyou." It wasa longlecturethat Dr.
Bhau gave: I merely give the substance.Jivanji saidhe would
not beableto control the actsof theotherMaharajas;astheir prin-
cipal income"was derivedfrom females. KhurshedjiCama,who
waspresenton anotheroccasion, saida greatdealto JivanjiMaharaj.
The Maharaj said, '' As regardsmyself,I amreadyto givemy sig-
natureto any arrangements;I will now leaveoff suchpractices."
He offeredto give, but did not give, his signature. Jivanji, on
findingmeon one side,accused meof, andreprovedmefor, divulg-
ing secretmatters. No arrangementtook place, I wasinvited to
the generalmeeting of Yaishnavas held last year; my consentwas
not taken, as it ought to have been, I discontinued my visits to
plaintiff afterwards.
(Cross-examined.)
Theplaintiffwasabout28 yearsoldwhenI
sawhim at Beyt; he is now about40 yearsof age. At that time,
I consideredsuch acts as plaintiff was guilty of, as religious. My
viewshave changedsincethe "slavery bond," to which I put my
signature,
asseveralJustices
of thePeace
puttheirs. I knewfrom
her dressthat the youngfemaleI sawat Beyt wasa marriedwoman.
Plaintiff presided in the year 1860 at an exhibition for the dis-
tribution of prizes to the femaleschoolsof MangaldasNathubhai.
Plaintiff expressedan opinionagainstthe systemof education, say-
ing the girls should have been taught religiousdoctrinesonly.
YinayakYasudevjiremonstrated
againstthis. Thesubjectof re-
marriage
wastalked abouteverywhere
at thetime. A meetingwas
convenedby plaintiff to discussthe questionof re-marriage.It
was largelyattended. I discontinued
goingto the plaintiff on
50 APPENDIX.
the defendant
of the plaintiff'shad character
in Suratbeforethe
publication of the libel.
(Re-examined.)
Thereis no moralityof anykind whatever
in
the doctrinesof Yallabhacharya.The Maharajasare not preceptors
of religion,muchlessof theancientreligionof theHindus.
(NdnabMiRustamji, examined.)I amoneof the defendants
in
this caseand managingproprietorof the UnionPress. I wasthe
printer of the &atya PraMshnewspaper, and the co-defendant
was
the editor. The paper was not started for profit to the proprietors,
but in th-ecauseof reform in the native community. The receipts
fell far short of the expenditure. I printed somenumbersof the
"Propagatorof our own Religion" for the plaintiff. The manu-
script was brought to me by his secretaryParbhudas, who manages
this case. I sent the bills to Dr. Dhirajarm, who paid them on
behalf of the Maharaj.
Maharaj's clothes after he has taken, them off. I did not leave
him for five minutes. It is my customto sleepoutside.thedoor
when the Maharaj sleepsiu his bed-room. I will not leave the
Maharajalone. Even if he told me, I would not goj not that we
suspecthim, but becausesome one must be constantly within call.
I and the other servantsare not procurersto the Maharaj. He
is standingdownstairs,and is watchedby oneChobaji.
(Be-examined.)At Beyt, the Maharaj'swife wasnot with him;
she was at her father's. He has two children, who, with his wife,
residein Bombayat present. He has a sonof sevenyearsand a
daughterof four. If the Maharajdid anythingwrongI would tell
him that, and alsoinform the peopleof it. I neverobserved
any
impropriety in his conduct. I get three rupees a month besides
board and lodging.-(To Sir JosephArnould.) The Maharaj tra-
velledcontinuouslyfor five or six years,during the wholeof which
time his wife was not with him.
threwgulalonthepersons
of the devotees
at the templeof Lakshmi.
HowcanI touchthebreastof anyfemale,whenI regardall female
devotees
as my children? I neverdid so. I know Lakhinidas
Khimji, with whom I first becameacquaintedabout two years or
twoyearsanda halfago. I didnot seehim at Beytin 1907. Any
storyhemayhavetold againstmeis false. Thelast witnessYelji
is my personalattendant,
andwas so on my pilgrimage.He is
daily in my presence.It is customaryamongstall of my classto
haveat leastthreeor four personalattendantsconstantlynearthem.
I have visited Baroda, Gokul, Mathura, Amritsar, two Mandavis,
Multan,and other places. I sawGokaldasTejpal and Lakhmidas
Zhiraji at Bycalla,wherethey cameto me. I wasmarriedin 1905
or 1906beforeI went to Shikarpor. I did not leaveSuratbecause
of a chargeof rape againstme. My wife wasnot with me on my
pilgrimageto Beyt. I have been subpoenaed by the defendants
to
give evidence here; I was served by a Parsi. I saw Gokaldas
Tejpal on my first visit to Bombay; he introduced me to Lakhmidas.
I first put up at Bycalla when I came to Bombay two years ago.
Lakhmidds invited me on one occasion when his brother was
sick, and on another at the reading of the Bhagavat. I have some
faint recollectionof having authorized the publication of some
articles in the Chdluk newspaper. I did not tell Lakhmidds that
the Maharajaswere running away from Bombayin consequence
of
the articles in the newspapers, or that I had come to conduct a
debatewith them. I askedhim if this action wouldproceedin my
absencefrom Bombay. I havedonenothing improperin respectto
any female devotee in Bombay. I know Kalabhai Lalubhai, and
rememberhaving seen him in Surat and in Bombay. (Denies
anotherallegationof immorality.) As to making" darshan,"thou-
sandsof malesandfemalesused to visit me. Adultery is most dis-
tinctly prohibited in our religion. It never formed the topic of
conversation between me and Kaldbh&i. He discussedwith mo
about the authenticity and genuinenessof the religious books.
(Deniesan allegationof immorality.) I don'tremember
having
conversed
with a doctoron the subjectof adultery; I have never
beenguiltyof it in mylife. No femaleeverenteredmy bedroom
whilstI wastalkingto Kalabhai.Manyfemales
dailyvisitmy
REBUTTING EVIDENCE FOB PLAINTIFF. 57
found
in myhouse,
andwastheproperty
of myfather,whodiedin
1908. It is morethan a hundredyearsold. I have read it. Tho
Purushottam referred to therein is the God of all gods, the Supremo
Being. "What
istherein
statedtobeoffered
to God,is stated
in the
defendant'sarticle to be offeredto me and the Maharajas. Tho
sense
of the originalis perverted
by the defendant.Ttm,man,and
dhm are directed to be offered to God. It is not inculcated in that
commentary,
or in anyotherbookof thesect,that oneshouldoffer
his wife anddaughterto the Maluiraj. I have not heard that any
of my followersbelievein a bookcontainingsuchdoctrines.I
knowDr. BhauDaji. He cameto visit rnoonce,in companywith
LakhmidasKhimji. I sawhim on one occasionwhen I visited a
girls' school.I wassufferingfrom itcheswhenDr. Bhauvisited
me, becauseI had taken heating medicineswhen I was sick. I
have sufferedfrom eruptionsoccasionally. Someof the heating
medicineswere preparedby myself, and othersby a native doctor.
"WhenDr. Bhau cameto me, I told him I wassubjectto itches,and
told him I had takenheatingmedicines. The word "chandi" was
not used at all by either of us. I asked him to prescribe some
medicine for me. I never suffered from the venereal affection. The
sect,thereareotherShastras,
viz., the Bhagavat,
thePuranas,
etc.
Theyoungmaidens
of my sectswingKrishnain a swing.God
Krishnais their father,husband,lord. Theyswingmeand the
otherMaharajasasgurus. "Weareswunghy ourfathers,mothers,
sisters, and all devotees:but I do not recollectwhether we are
addressed
as the amorousKahan(Cupid). Theseamorous songs
areaddressed
to theMaharajas.Sincethelasttwoor threedays,I
havebeensubjectedto surgicalexaminationby two or threemedical
gentlemen. My face was not covered when one of them saw me.
I don't know if one of them refusesto give evidencethat*thereis
no tracein me of the venerealaifection. They examinedmefrom
a short distance. I don't know their names,and I have not been
toldthat onlytwoof themarecoming
to giveevidence.
Yarjivandas
Madhavadas,
J. P., and KaliandasMohandas,
his nephew,who con-
ducts this case,might have brought the doctors; I don't know.
The examinationtookplacein the shopof EaghuShamji,oneof the
conspirators. Sincemy cross-examination yesterday,I have not
beenagain inspectedby a doctor. I did not ask Dr. Dhirajramto
send me calomel from time to time whenever I wanted it. Once I
put calomel into chundm water and made a blackwash of it, and
appliedit. Dr. Dhirajram told me to takea pill twicein the day,
and I took five or six pills. I have purchasednow a glassscalefor
use in taking photographs
j I had none for measuringmedicines.
When my throat becamesore, a preparation of borax was given me
as a gargle. I had sentfor someiodide of-potashand sarsaparilla.
I tried the former; the latter I administered medically to another
person. I have heard the name of the Brahma-vaivarta Puran j I
have not read it; it is believed in by the Yaishnavas. (Witnessis
shown a passagein the book.) It runs thus : " Upon having seen
the Eas, the mistressesof the God were tormented with the arrows
of lovej uponhavingperformedthe "rati-ras" Krishna,theperfect
andperpetual,alongwith Eadha,went to thewatersof theYamuna;
with the 'gopis' went the magicalforms of the exaltedKrishna,
which, tormentedwith the arrows of love,and pervadedwith joy,
performedsportwith the gopis in the water." The translationis
correct,but I am not quite certain of the meaning. I must collate
the passage with otherbooks. ("Witness is shownanotherpassage.)
62 APPENDIX.
It appearsto be addressed
to Badha,Krishna'sprincipalMistress,as
follows: ""Why dostthou weep,0 Badha; remember the lotus feet
of Krishnaduringthe BasMandalinight will fall: thouwilt perform
with Krishnathe desireduninterruptedrati" I know the Vishnu
Purana;I mayhaveseena passage
in it hereandthere. I don't
remember having read the following passage(Yishnu Purana, p.
535):-" Whilst frolickingthus with the gopis,they considered
every instant,without him, a myriad of years; and prohibitedin
vain by husbands,fathers,brothers,they went forth at night to
performsport with Krishna, the object of their affection. The
Yaishnavas read the Yishnu and other Purans, not becausethey
containthe descriptions
of the sportsof Krishnawith the gopis,but
becausethey contain Yaishnava doctrines. "Weworship the image
of Krishna with the faith that we are actually worshipping Krishna.
He is broughtinto the imagespartly by ceremonies,
partly by faith.
The imagesof Krishna are representedas if he were in the infantile
state. I haveneverseenhim in the young or old state. (Witness
is handed a picture of Krishna at the top of a tree with the naked
gopis at the foot of it.) He is here representedbetweenthe agesof
5 and 11 years. When the Maharaj dies, personssay he is goneto
his abode,or to the world of gods. Krishna, when he died, went
to the Gowlok; religious and pious Yaishnavas go there also. He
(Krishna) remains all day in joy ; the Yaishnavas are present there
in his service. I have not observedin any book if it is the doctrine
of my sect, that true Yaishnavas, after death, becomegopis and
have amorousand improper intercourse with God. I do not believe
in this doctrine, nor am I aware if any of my followers does or do
believe in it. By Uld I understand sport, play. I believe it is
impossible that Krishna should renew, in paradise, his amorous
dalliance with the gopis; he may engagein Bas Lila with them.
The gopis are there in human form, but are not subjectto early
decay. I am forbiddento repeat herethe "mantra" pronounced
at the kanthi ceremony. The translation you give of it is
correct. The dedication referred to in' this "mantra" is caused to
be madeat the feet of Krishna not to the Maharaj. The guru
at the ceremonyis only the guide to Krishna. I asked Lakhmidas
if anactionmightgooain theabsence
of oneoftheparties.When
REBUTTINGEVIDENCEFOR PLAINTIFF. 63
I firstarrived
fromSurat,
I hadnointentionof bringinganaction
against thosewhopublished
anything
againsttheMaharajas. The
reasonfor the delayof six monthsin bringingthe presentaction
wasthatI amnot acquainted with suchmattersin thisisland,and
foundit necessaryto consultandtakeadvice. (Witnessis showna
passageof an article publishedin the Satya PraMsJi of the 9th
September,
against
all theMaharajas.)
-"When
aUtheMaharajas
are libelled,how couldI alonebring an action? I donot remember
if I consulted Mr. Leathes about this article. I do not remember
if I readit. I heardthat all the Maharajaswere libelled.. I can-
not sayif it wasin consequence of this article or not that a hand-
bill was publishedwith my name to it; what is stated in the
handbill as to the lesseningauthority of the Maharajasaccords with
my view. The word " Asatya Prakash" in one of the numbers of
the " Propagator of our own Religion" refers to the defendant's
paper; I think it is an error of the printer, or the letter "a" (not)
mayhave fallen in by mistakenear the word " Satya." I don't
know if this article in the magazine was written in answer to the
libel; I cannot say without reading over the whole of it.
Sir M. Sausse.-Now tell this witness the manner in which he
has been giving his evidence latterly, is such as to impress the
Court with an unfavourable view regarding it. He must be able to
answer without reading over everything about which he is ques-
tioned.
"withsaffron
waterandscented
oilsthebodies
of theMaharajas.
I don'tallowmyfollowers to eatthedustofmyfeet: I don'tknow
if otherMaharajas
allowit. Lightsarewaved roundtheMah£raj:aV
heads.All this is enjoinedin the Shastras;I don't knowwhat
Shasta.Thewooden
shoes
ofmyancestors
areworshipped,
asalso
of otherMaharajas.My shoesarenot worshipped.I do1not go
into private roomsto receivepresentsof fruit and sweetmeats
from
femaledevotees.I don't knowif othersdoit. Yaishnavas
bring
them and presentthem to the Th&kurji and we then receivethem.
I don't know if other Maharajas go into private roomsfor this
purpose. Femaledevoteesdo not sing-songsof a licentious cha-
racter in the presenceof the Maharajas; songsof -various
kinds are
sung. Gulal is thrown by the Maharajttson the personsof all
devotees,not expresslyon the personsof females. The guru is
to be worshippedin the sameway as the imageof Thakuiji, which
representsGod. I have not read in the " Guru Seva" that all the
Vtillubhiiclulrya Gosiiijis are to be'consideredas incarnations of God.
Ever since I arrived at a proper age I have told my followers not to
believe in this doctrine. Before my admonition, the doctrine was
believed in by some persons in Bombay, not the majority. I can-
not rememberthe names of any one person whom I instructed not
to believe in the doctrine. Did I say yesterdaythat I did not know
whetherany oneregardedthe Maharajasto be incarnationsof God?1
PerhapsI did, I do not know if I sworeto that effect. .
Sir M. Sausse: Tell him. the Court has taken down clearly what
he said.
Witness : I don't recollect it.
Sir M. Sausse:Oh! his memoryis very short; but the Court
lias takendownexactly what he said.
"Witnessproceeded:The Yaishnavas believetheir obligations
to
their gurusto begreaterthantheir obligation
to God. TheYaish-
navas arc not allowed to touch the image; and they can make
offerings
through
theMahirtijas
ortheBrahmins
whobathe
orwash
their bodiesinsidethe temple. I believethat by B'r£hma-sam-
bandhathe sins of the elevenorgans(including
thoseof ) are
washed
away. I don'tknowif it is thedoctrine1
of mysectthat
Yaishnavas
shoiild
notdivulgethesecretsof theguru. It is good
5
66 APPENDIX.
(Judgment
of Sir MatthewSausse.)
This is an actionon the casefor the publicationof a falseand
malicious libel in the form of an editorial article that appearedon
the 21st October,1860, in a Gujarati newspaperpublishedin
BombaycalledtheSatyaPraMsJi
or the "Light of Truth."
Thepublicationis asfollows:-
l'In the Purans and other Shastras of the Hindus it is stated that in the
Kali-yugtherewill arisefalsereligionsandheresies,andimpostors
andheretics
will causeadversepersuasionsandadverse religioussystems
to be established.
Accordingto the HinduShastras fivethousand yearshavenowpassed awaysince
the commencement of the Kali-yug. From the Hindu Shastrasthemselvesit is
demonstratedthat during this period of five thousandyears as many new per-
suasionsand religioussystemsas have arisen among the Hindus, should all be
consideredspuriousheresies. Now, four hundred years have not as yet elapsed
sincethe birth of Yallabh,the progenitorof the Maharajas. In the booksof the
Yaishnavapersuasion it is written that the birth of Yallabhach&ryatook placeon
llth Yaisakh Yad of Samvant,1535,the day of the week Sunday; since this
event 381yearshaveelapsedto this day, and sincethe'beginning of the Kali-yug
five thousandyearshave passed. The sect of Yallabhacharyathen originated
with the Kali-yug itself. In the sameway as the followersof Dadu, the followers
of S&dhu,theMmsnehi,theEamanandi, the Shejanadi
andothersectsarose;so
the sectof Yallabhacharyaarose;all thesesectshavearisenin the Kali-yug,
thereforeaccordingto the declarationsof the Hindu Shastrasthey mustbo
heterodox.
defend
himself,
those
-very
weapons
willoppose
theMaharaj,
andannoy
him.
TheMaharaj
considers
theHinduSh&stras
astheworkof God;hecannot
then
assertthat anyparticularstatement
of the Hindu Shastras
is false. The said
Maharaj cannot
allege
thatthestatement
thatintheKali-yug
heretical
opinions
willarise
isfalse.Thenlikeseveral
othersects,
thesect
of theMaharajas
has
arisen
in theKali-yug,consequently
it is established
bytheHinduShastras
that
it is a false and heretical one.
"The sectof theMaharajas
is heretical
andonedelusive
to simplepeople;
thatisproved
bythegenuine
hooks
oftheVeds,
thePurans,
etc.,according
to
whatis intimatedabove.Not onlythis,but alsofromtheworks
composedby
theMaharajas,
it isproved
thattheMaharajas haveraised
upnothing
buta new
heresy anddisorder. Beholdwith regardto the subject
of BrahmahowGokul-
nathji hasamplified
the originalstanza,
whata commentary hehasmade:_ '
war
\\ cj \\
" cConsequently
beforehe himselfhas enjoyed her, he shouldmakeoverhis
ownmarriedwile (to the Maharaj,)andhe shouldalsomakeover(tohim) his
sonsand daughters. After having got married,he shouldbeforehaving
himselfenjoyed
his wifemakean offeringof her (to the Maharaj); afterwhich
he shouldapplyher to his own,use.*
"Alas I what a heresythis is, what a shamthis is, andwhat a delusionthis is !
"WeaskJadunCithji
Maharajin whatVed,in whatPuran,in whatShastea,
and
in what law bookit is written that one's marriedwife shouldbe madeoverto a
Maharaj,or to a religiouspreceptorbeforebeingenjoyed.Not onlyone'swife,
but one'sdaughteralsois to be madeover! Alas! in writingthis,ourpenwill
not moveon. "Weare seizedwith utter disgustand agitation. To renderblind
people
whoseewiththeireyesandto throwdustin theireyes,
andin thename
of religionandunderthe pretence
of religionto enjoytheir tendermaidens,
wives
and daughters,thanthis what greaterheresyandwhatgreaterdeceit ? In the
Kali-yug manyother heresiesand many sectshave arisenbesidestkat of
Yallablracharya,
but no othensectarieshaveeverperpetrated suchshamelessness,
subtilty,immodesty,
rascality,anddeceitashavethesectof theMaharajas.
When we usesuchseveretermsas these,our simpleHindu friendsare wrath with
us, andin consequence of that wrathof theirs,we havehadandhavemuchto
endure. But when,throwingdustin the eyesof simplepeople,the Maharajas
"writein their booksaboutenjoyingthe tendermaidens,- thepeonies'
wivesand
daughters,
- andtheyenjoythemaccordingly,
greatflames
spring
upwithinour
inside,our penat oncebecomes
heatedon fire, andwehaveto grieveoverour
Hindu friendsand over their weak powersof reflection.
" Jadunathji
Maharaj
hascommenced
issuing
a small
workstyled
"ThePropa-
gator
of ourownReligion ;" weaskhim,In.whatwaydoyouwishtoeffectthe
propagationof religion?Yourancestors having
scattered
dustin theeyes of
simple
people, made themblind. Doyouwishto make themsee,or,takinga
false
pridein theupholdingof yourreligion,
doyouwish
todelude
simplepeople
72 APPENDIX.
The defendants
havepleadedseveralpleas.
Firstly. Not guilty.
Secondly.That the Maharajasare not preceptorsof the Hindu
religion.
Thirdly. That they are not the heads or chiefs of the Brahmins.
Fourthly. That the plaintiff wasnot a Hindu priest of high caste
or a preceptor of the Hindu religion.
Fifthly* That the sectof Yallabhacharyais not an ancientsect,
andthat it holdsdoctrinesrepugnantto the doctrinesof the ancient
Hindu religion.
JUDGMENT OF SIR MATTHEW SA.USSE. 73
made
byaperson
in thedischarge
of some
publicorprivate
duty,
whetherlegal or moral,or in the conductof his ownaffairsin
matterswherehis interestis concerned."In suchcases
theoccasion
prevents theinference
of " malice"andhegoes
onto say" that
it fairly warrantedby anyreasonable
occasion,
or exigency,
and
honestly
made,
suchcommunications
areprotected
for common
con-
venience and welfareof society,andthe law has not restrictedthe
right to makethem,within any narrowlimits."
Theeffectof the existence
of a "justifyingoccasion"
is to nega-
tivemalicebothin factaswell asin law, eitherof whicl;is neces-
sary to maintain an action of libel. The differencebetweenmalice
in factandmalicein law is laiddownin Bromage
v. Prosser,
where
the formeris definedto be "ill will againsta person,"andmalice
in law " a wrongful act done,intentionally,without legaljustifica-
exceeded
thef' licentious
comment/'
asit hasheentermed,whichis
allowable
uponmatters moreimmediately
affecting
publicinterests,
andI havenodoubtthat mattersaffectingthe moralityof a con-
siderable
portionof the publicare undoubtedly
mattersof that
description.
But the questionremains,whetherunderall the
circumstances
thedefendants
werejustifiedin leavingthe regionof
commentary
altogether,
andin makinga directcharge
uponthe
plaintiff'sprivatecharacter,
byaccusing himof havingbeenengaged
in the practiceof defilingthe wivesanddaughters of his devotees
underthe-pretence of religion. I thoughtthe law on this subject
wasveryclear,butin deference to somedifficultywhichmy brother
Arnouldfeels,I shallexamine it at greaterlengththan I would
otherwise have considerednecessary.
Now, so far as the plaintiff is concerned,
the casestandsthus:
The plaintiff waspracticallya strangerto Bombayprior to July,
1860, when he arrived. At first he united in some reformatory
views of the defendants and others with reference to female education
andre-marriage of widows,but wassupposed to havein part seceded
from them after. He set on foot a pamphletor periodicalcalled
" The Propagator of our own Eeligion/' and invited extraneousor it
maybe hostilecriticismand discussionupon the views it placed
beforethe public. On the 21st October,1860,the libel appears,
andthe plaintiff is charged in it with conductwhich, if true, ought
to deprivehim of the respectof, and indeedcommunionwith, the
members of any civilizedcommunity. *
The defendant,KarsandasMulji, was not personallyacquainted
with theplaintiff, nor washe,accordingto his own admission,per-
sonallyacquaintedwith any act of immorality committedby the
plaintiff or anyotherMaharaj,but prior to the libel, oneLalshankar,
an intimate friend of his, volunteered the information that the
plaintiffborea badcharacter
formoralityin Bombay,
in Surat,and
in other placesin the Mofussil, where Lalshankar had been. Ldl-
shankarwas a nativeof, and anannualvisitor to, Surat,wherethe
plaintiffhad a temple. So far as the plaintiff wasindividually
concerned, that was all the informationrespectinghis alleged
immoralpracticesthat the defendants
possessed
at the time of the
libel. It does
notappear
thatthedefendants
tookanypainsto
JUDGMENT OF SIR MATTHEW SAtTSSE. 77
makeinquiries
intothetruth of thesegeneral
charges,
hutrested
satisfiedwith the statementsof Lalshankar. The defendantKar-
sandasstatesthat it was after the commencementof the actionhe
hegan
to make
inquiries
intotheplaintiff's
privatelife. In addition,
thedefendant,
whowasoriginally a member of theYaUahhacharya
sect,appears
to haveentertained
for ten or twelveyearsthe belief
that the Maharajas
as a bodywereguilty of adulterous practices
amongsttheir femaledevotees. That belief appearsto havebeen
foundedupon generalrumours in the sect,and upon a resolution
passedby the Bhattia castein 1855,to put a stopto suchalleged
practices,by preventingtheir femalesfrom going to the templeof
the Maharajas;and also upon reiterated"chargesof immoral and
licentiousconductmadeagainstthe Maharajas,asa body,by news-
papers, pamphlets, and periodicals, from 1855 until somemonths
prior to the publication of the libel. The defendant's conviction
appearsto have beenalsoinfluencedby the discoveryin 1860of a
commentaryby Gokulnathji, which appearedto the defendantto
give doctrinalsanctionto the immoral practiceswhich he had pre-
viously believed to be existing among the body of the Maharajas.
It appears,however,from Dr. Bhau Daji's evidence,that he has
personallyknown somefew Maharajas,whom he described as men
of unspottedcharacterand of piety, and goodmen. Apply thenthe
test of Baron Parke in Toogoofl,
v. Bpyring to these circumstances,-
"Were the defendants, in making this defamatory charge on the
privatecharacterof plaintiff throughthe columnsof a newspaper,
discharging any legal or moral public duty, or any legal or moral
private duty; or wasthe publicationmadein conductof his own
affairs in matters where his interest was concerned? There was
clearly no legal duty, either public or private, cast upon the
defendants to do so. JSTorwas there any moral duty, public or
private,castuponthemto makethat communication
to the public
beyondwhat might pressupon any otherindividual whohad heard
a bad characterof the plaintiff for morality andbelievedthat report
to be true. It would be a novel and a dangerousdoctrine to lay
down,that everyeditorof a newspaper, or anyonewhohad thecom-
mand of its columns,should be justified, evenwithout inquiry, in
makingspecificcharges
of a mostdefamatory
character
againstthe
78 APPENDIX.
privatelife of individuals,
simplybecause he hadheardthemand
honestly believed themto betrue,andthat fromtheir characterit
wouldbeconducive topublicmoralityto publishthem. "Weresuch
a doctrineto prevail,it shouldbe maintainedindependently of the
actual truth of the charges;and property in private character,
whichthe law protectssojealously,might be ruthlesslysweptaway
without redress. In my opinionthereis but one plea which can
serveasa defence to a libel publishedasthe presenthasbeen,viz.:
that the chargescontainedin the libel are true. This principle is
supported*by the view taken by ChamberJ. in Rogersv. Clifton,
3 Bosanquet and Puller, 587, andis cited with approbationby Mr.
JusticeCresswell in Coxliead v. Richards,2 C. B., and I think it is
furthersustained by the decisionand dicta of the judgesin Paris v.
Levi, 9 WeeklyEeporter,which wascitedto showthat the doctrine
of "justifiable occasion" has been extended to publications in news-
papers
aswell asto thosewhichcomeunderthe ordinaryterm of
"confidential or privileged communications." But that caseupon
examination will be found to range itself under the class of cases
which from Tallart v. Tipper, I Campbell, down to the present
time, have upheld the right of public commentand criticism, upon
documents submittedto the public consideration.The plaintiff in
Paris v. Lei-i publishedan advertisementcalling the attention of
servantsto the fact that he wasofferingunprecedenteclly
high prices
for articles that servants were in the habit of selling out of their
masters'establishment;
this advertisement
wascommented
uponby
a headingof "Inducement to servantsto rol their masters" There
wasno chargeagainstthe plaintiff of robbing,any one,but simply
that the tendencyof his advertisementto the public was to lead
dishonestservantsto pilfer for the purposeof taking advantageof
theseunusuallyhigh prices. If madelondfide, the commentdoes
not appearto exceed what might reasonablybe allowed,and it was
soheld at the trial. It afterwardscamebeforethe full Court,prin-
cipally on the ground of misdirection. With the direction of Chief
JusticeErie, as reportedin that case,I fully concur. Treating the
caseas oneof comment, he saidthat the plaintiff wasnot entitledto
recover
unlesshe established
that the defendantwasactuatedby
malice;that the law, however,
did not requirethat the plaintiff
JUDGMENT OF SIR MATTHEW SAUSSE. 79
shouldshowpersonal
maliceor ill will in the sense
of private
hatred;hut that the defamatorypublication
waspublished without
anyof thosecauses which the law considerswill justify them.
" Suchcauses excuse the publication,
becausetheyshewthe party
wasnotactuated by anycorruptor maliciousmotives in sayingthat
which tends to defamethe character of another." But in criticism
on matterswhichhavebeenpublishedby the complaining
party,
Lord Ellenboroughlaid downin a casewherea journal had criticised
books which had been published dangerousto morality, "that
liberty of criticism must be allowed, or we should nefther have
purity of taste or of morality; that publication I shall never
consideras a libel, which has for its object, not to injure the
reputationof any one,but to correctmisrepresentationof fact, or to
censurewhat is hostileto morality." That if the jury found their
verdict for the defendant, it must be on the principle so laid down.
That had the defendant said one word against the plaintiff with
reference to the plaintiff* s private character, he would have felt
himself boundto say "there wasno excuseof the publication."
So Byles J. says: " The real questionwas, Doesthe commentgo
beyondwhat is sanctionedby law ? was therea reflection on the
plaintiff's private character?" And KeatingJ. states," ]^ow it is
concededthat a newspaper is justified, nay it is rather incum-
bent on them to comment freely on any publication. I seeno distinc-
tion between this handbill and any other publication for comment.
Yet that is not to degenerateinto imputations of a personal character.
"What was said at the trial was ' That though a fair comment could
be privileged, yet if of a personalcharacterit would not.' The
directionwasperfectlyright." In Carr v. Hood, 1 Campbell,Lord
Ellenboroughsaid: " SJiewmean attackon themoralcharacterof the
plaintiff,or anyattachuponhischaracter
unconnected
withhisauthor-
ship,andJ shallle asreadyasanyjudgethatBUTsatheretoprotect
him; but I cannot hear of malice on account of turning writers into
ridicule." Thus from Tallart v. Tipper and Carr v. Hood, from 1808
down to 1860 when Paris v. Levi was decided,defamation of private
characterin publicjournals,hasbeentreatedas ordinarilybeyond
thepaleof "justifying occasion;"andI seenothingin the present
caseto takeit outof that principle. Theselection
of a publicnews-
80 APPENDIX,
thestories,thosepersons
whohavecommitted
that greatmoraland
social offence are commended,and in one of them, the actors are
awardedthe highest position in the heaven of the Yaishnavas,
althoughfor someattentionpaidon oneoccasion
to theclearingof
a templeof the god. The love and subserviency inculcatedby the
Hindu religion to bedue in a spiritual senseto the SupremeBeing
has been by those corrupt teachingsmaterialised,and to a large
extent transferredto thosewho claim to be his living incarnations.
It is said to be ceremoniallyeffectedby a mystic rite or dedica-
tion of ^" mind/' "property," and "body" (or mm, dhan,and
tan), which is madein childhoodby males,but by femalesin
the ceremonyof marriage,and a popularbeliefappearsto exist to a
considerable extentthat this dedicationconfersupon the Maharajas
absoluterights over the "minds/' "properties/' and "bodies" of
their followers. The Maharajas,however, appearupon the evi-
denceto have undoubtedlyavailed themselvesof the existenceof
thoseimpressions to gratify licentious propensitiesand a love of
gain. Thesedoctrinesand practicesare opposedto what we know
of the original principlesof the ancientHindu religion which are
said to be found in the Yeds. They recognise no incarnations, but
the well known avatar and the Hindu code of law and morals
equally inculcate chastity in females before marriage, and fidelity
in the marriagestate. Therefore,so far as we may be calledupon
to expressan opinion upon this part of the plea, the defendant has
successfully
shownthat the doctrinesof the Yallabhacharyasectare
in those respectscontrary to those of the ancient Hindu religion.
He hasprovedthat the Maharajasclaimed to be and are considered
and worshippedby a considerableportion of the sectsas gods or
incarnations of God; and he has, we think, established that this
superstition has led to a lamentable want of moral feeling in the
Yallabhacharya sect, and to the practice of gross immoralities. It
is to the credit of the plaintiff, that in his evidencehe has disavowed
for himself any claim to be considered as an incarnation of God.
He stated that he had so informed his followers, but was unable to
remember when, or to whom he addressed such advice. There was
no other evidenceoffered of his having done so,but it appearedto
establish the generality or strength of such a belief amongst the
JUDGMENT OF SIR MATTHEW SATTSSB. 83
examination,
informed
Dr. Daji thathewouldthenextmorning
sendGrovardhandas
to give more accuratedetails. Govardhandas
wastheconfidentialagentandmanager for theplaintiff,andhenext
morninggavea description andhistoryfullerhut in substanceand
termsidenticalwith that already
givenby theplaintiff. Thisagent
andmanager wasin Bombayduringthe trial, andalthough several
dayselapsedbetween the evidenceof Dr. Daji andthecloseof the
plaintiff's rebuttingcase,Govardhandas
wasnot calledto contradict
or explainthat evidence. Dr. Dalpatram,whohad beenoneof the
Yallabhacharyasect,wasconsultedprofessionally
by the.plaintiff
in aboutthreemonthsafterwards,
andwasin attendanceuponhim
for morethan a month. He treated the plaintiff for a similar
disease,
which wasdescribed by the latter ashavingbeencontracted
' by him from immoral intercourse-with a femaleaboutthe period
whenDr. Daji had beensentfor. The plaintiff wascuredby the
treatmentof Dr. Dalpatramafter salivation,and upon Dr. Dalpa.
tram's evidence,there could be no doubt as to the character of the
disease,or as to the mode in which it was describedby the plaintiff
to have been contracted. Dr. Dalpatram had the opportunity
afforded him of the necessary medical inspection. Lakhmidas
Khimji, who is oneof the leadingmenin the sectof Yallabhachar-
yans in Bombay, was at that time in the habit of daily intercourse
with the plaintiff, and had been requested by the latter to bring
Dr. Daji (who is a Brahmin) to visit him professionally. He fully
corroboratesthese two medical witnesses. Through the medium of
conversationswith the plaintiff, the latter describedhis malady by
name, and the modein which it was contracted,together with other
detailswhich it is not necessary
to mention. It wasfurther elicited
in cross-examination that the plaintiff had undergonea medical
examinationonthe precedingeveningby threedoctors,with a view
of sustaininghis own denial of the existenceof diseaseand of the
truth of the statement made by Drs. Daji and Dalpatram and by
Lakhmidas Khimji. ISToneof thesedoctorswere producedfor the
plaintiff to give an accountof that recentexamination. Uponthis
conflictof evidencebetweenthe plaintiff alone,and the threewit-
nesses, Dr. Daji, Dr. Dalpatram,and Lakhmidas,coupledwith the
non-production
of Govardhandas,
or anyof the threemedicalmen
86 APPENDIX.
whomadethelastexamination,
I feelmyselfcompelled
to cometo
the conclusion,that the plaintiff has allowedhis personalinterests
to overcomehis respectfor truth, while on his oath in this court.
And haying reluctantly but confidentlyarrived at the conviction
that he has in this instancewilfully forsworehimself, I can place
no trust or relianceupon any denialshe has given to the personal
actsof immoralitywith which he hasbeencharged. The characters
of the principal witnessesfor the defendantshave not beenim-
peached. Many of them are membersof the Yallabhacharyasect,
and still/requent the templesof the Maharajas, It has not been
suggested that they entertainany personalhostility to the plaintiff.
They have apparentlyno personalinterestto .serve,but much caste
or sect obloquyto undergofor the part they have taken and the
evidencethey have given against a Maharaj. The account of "
LakhmidasKhimji in supportof the chargeof the plaintiff's im-
morality at Bey.tis a strangeand almost incrediblestory, but I
cannot believe it to have been invented for this trial. In answer
theybelieved
theMaharajasto beincarnations
of theDeity. Others
that theywouldnot believeanythingagainstthe character
of a
Maharaj,that a Maharajcouldnot do anythingwrong,that he
could not be a bad man, and that it was a sin to give evidence
againstaMaharajin a courtof justice,andthat anyonewhodid,
shouldnot be spokento and shouldbe outcasted.
Bearingin mind the effortsthat were proved to have beenmade
to preventevidencebeinggiven by his co-sectaries againstthe
plaintiffin this case,
and.lookinguponthe description
of that given
for him, we cannotallow the negativecharacterof the lattor to out-
weighthe clear,strong,and direct evidencegivenfor the defendant,
under those difficulties,
interest,
orin reference
towhich
hehasaduty.Tliirdly,
Those
to
whom thepublication
isaddressed
musthave
aninterest
andaduty
in some
degree
corresponding
to hisown.
Thewordduty(asthelateChiefJusticeof England
declared
thelawin Harrison
v.Bush)
is "notto beconfined
tolegalduties
whichmaybeenforced by indictment,action,or mandamus, lut
mustinclude
moralandsocialduties
of imperfectobligation"(See
the well-considered
judgmentof the Courtof Queen's Benchas de-
liveredly Lord Campbell in thecaseof Harrisonv. JB-ush, 16L. J.
Q. B. p. 20.)
As to the extentof theprivilegeor thejustification,that varies
necessarilywith the nature of the subject matter of the alleged
libel; if it be a matter like the characterof a servant, etc.-in
regard to which only one personor only a few personshave an
interestor duty corresponding to that of the writer, then he is only
privilegedor justified in communicating to that oneor to thosefew;
if, on the otherhand,it be a matter in regardto which the general
public has an interest and a duty-if it be a great social scandaland
a great public wrong-if it be a matter in the exposureof which all
society has an interest and in the endeavour to dischargeand put
down which all society has a duty-finally, if it be a matter beyond
the cognizance of any othertribunal exceptthe condemnatoryjudg-
ment of public opinion-in suchcases,the writer, if writing lond
fide,is privilegedor justified in makingthe communication
as public
as he can.
called the Siddhdnt RaJiasya(this is the book which forms the text
of Gokulnathji'scommentary)to the effectthat 'all things should
be offeredand presentedto the Xcharya(i.e. the Maharaj)and then
enjoyed/ It is then added, ' To offer everything means that even
our wives, sons,etc., should not be brought into use without offering
them.'"
havinghimselfenjoyed
hiswife,makeanoffering
of hertothe
MaMrdj,afterwhichheshould
applyherto hisownuse."
Thefriendto whomhe appliedfor this translation
wouldseemto
havebeenNarmada
Lalshankar,theyoungBrahminwhoshowed
himtheMSS.
fromwhichthispartoftheMarathi
workwasprinted;
whorepresentedhimselfas havinga thoroughknowledge of Sans-
krit, andwhostrenuouslymaintained in the witness-box,
that the
meaninggivenin theallegedlibel to Gokulnathji's
commentarywas
correct,that the dedicationthere spokenof wasa dedicationnot to
the Supreme
Beingfor spiritualpurposes,
but to his personification,
the Maharaj,for carnalpurposes.
It hasbeenelaboratelyand learnedlycontended that this interpre-
tation is incorrect-that Gokulnathjineverintended,nor dohiswords,
in their literal sense,import the meaningthusput "uponthem. It
may or maynot be so: the questionas to the precisegrammatical
meaning of the text, or the probable intention of the writer, does
not go to the root of the present enquiry. It is not a charge of
libel on Gokulnathji that we are trying, but a charge of libel on the
plaintiff. The questionis not what Gokulnathjioriginally wrote
or intended, but what in practice, his text or other similar texts
have been construed to mean and perverted to sanction. It is
abundantly clear on the evidence, as it will presently be necessary
to show more at large, that the Maharajas have for a lengthened
periodbeenso far identified by their followerswith Krishna-have
been to such an extent regarded as gods and worshipped as gods,
that it would be exceedingly difficult, if not absolutely impossible,
to pronouncewith any certainty, how far a text apparentlycon-
templatinga dedication
to God,mightor mightnot be regarded
in the Yallabhacharya sect as authorizing a dedication to the
Maharaj.
This,however,is not a question weare calleduponto decide.
Thequestion
for us,on this part of thecase,is whetherthedefen-
dant whenhe printed this allegedlibel in hispaper,had or had not
justifyingoccasion
forpublishing
thattheclass
towhichtheplaintiff
belonged,and the plaintiff himself,as a memberof suchclass,
acting on the supposed sanctionand authorityof certaintexts,
whetherrightly or wronglyunderstood,whether
wrestedfromtheir
94: APPENDIX.
have
everperpetrated
suchshamelessness,
subtilty,
immodesty,
ras-
cality,anddeceit
ashavethesectof theMaharajas."-"You,Ma-
harajas,acting
uptothecommentary,defilethewivesanddaughters
of your devotees."
He attackstheclassas perpetratorsof this greatwickedness j he
attackstheplaintiffasoneof the class. It is saidthat in sodoing
heinferentiallyalsodefames him asan individual. I admitit, but
I saytheoccasion justifiedit. A casehadarisenin whichthepos-
sibleinjuryto theindividualwasnot to beweighedin the balance
againstthe greatcountervailing benefitderivableto societyfrom
exposingand denouncing the evil deeds of the class: and the acts
denounced wereimmoralities,not of the plaintiff as an individual in
his privatelife, but of the plaintiff as a Maharajin his publiclife.
Then to whomdoesthe defendantaddresshimself in maltingthe
attack? To the public at large :-the only power, the only autho-
rity, the only tribunal to whom in such a caseas this the communi-
cation could be made, or the complaint directed. The Maharajas,
the hereditaryhigh priests of theYallabhacharyasect,are,in re-
spectof the practicesdenouncedin the libel, virtually amenable to
no jurisdiction,spiritual or temporal,criminal or civil. As far as
the evidence before us goes, they appear to constitute a co-equal
brotherhood of sixty-five or seventy members,owning a vague and
shadowysort of allegianceto a nominalsuperiorat Shri Nathji-a
remoteshrineamongthe desertsof Marwar. This nominalsuperior
appearsto be a carelessand Epicureansort of god: no instanceof
his interference was adduced before us: practically each Maharaj
doesas seemsgood in his own eyes,especiallyas relatesto the
abomination
which it is the peculiarobjectof this allegedlibel to
expose.
Prom the tenor of the evidence I thought, at one stage of the
enquiry,that Jivanji Maharaj(a high priestwhoappears
honour-
ablydistinguished
among
his brethren
forlearning,
piety,andcom-
parative
purityofconduct),-I
wasledtothinkthatJavanji
acted
in
Bombay
asakindof superior
orprincipal
overtheotherMaharajas,
who from time to time camedown here to officiate. But I was
wrong
: Jivanji
wasmerely
anequal
among
equals.
"When appealed
tobysome ofthemostrespectable
Yallabhacharj
ansin Bombay
to
96 APPENDIX.
interpose
andput a stopto thesepractices,
his anwerwasthat he
coulddonothing. He admittedtheallegedimmorality;hedeplored
it; but he couldnot interferewith his brotherMaharajasto prevent
it. " Every man," he said, " is masterin his own house: all my
fellow Maharajashere are my equalsin rank, someof them my
superiors in age; what can I do ?"
As therewasno availablespiritual tribunal, so neitherwas there
any criminal or civil tribunalwhich could take cognizanceof these
immoralitiesof the Maharajas. It was profligacy,it wasvice,but
it wasnpt crime,it wasnot civil wrong,of which theywere accused.
There was no violence;there was no seduction. The wives and
daughtersof thesesectaries (with their connivancein manycases
if not with their approval)went willingly,-went with offeringsin
their hands,eagerto pay a high price for the privilege of being
made one with Brahma by carnal copulation with the Maharaj, the
living personificationof Krishna.
To what quarter then was a Yallabhacharyan in Bombay to look
for redress or reform if he felt aggrieved at these misdeedsof the
Maharajas ? He bad one resource, and one only: to appeal to
public opinion fhrougli the Press. This the defendant did; as a
Yallabhacharyan it was his right, as the editor of a native journal
it washis duty to doso; for if evils suchas thesewere (in the lan-
guageof Lord Ellenborough)"to exist for ever without public
animadversion, oneof the great usesof a free pressis at an end."
(1 Campbell,117.)
And the public,which thus constitutesthe only tribunal to which
the defendantcouldappeal,had an interestand a dutyin relationto
the subjectmatter of the allegedlibel corresponding to his own.
E"opublic can be conceivedto exist which has not an interest in the
discouragement and suppressionof such wickedness,-uponwhich
thereis not imposeda moraland socialduty of taking all legitimate
meansfor its discouragementand suppression. The offenceattacked
in the allegedlibel is an offenceagainstthe first principlesof mo-
rality on which all societyis based,and in the suppressionof which
the highest interestsand the highestdutiesof all society,as such,
are most intimately concerned.
If, whilewriting with a singlepurposeto discourage
and suppress
JUDGMENT OF SIK JOSEPH AJRNOULD. 97
defile
thewives
anddaughters
of yourdevotees.
Desist
fromthat,
anddestroy atonce
immorality
suchasthatof thecompany atthe
Basfestival Aslongasyoushallnotdoso,for solongyoucannot
givereligious
admonition
andpropagate
yourreligious
faith. Doyou
le assuredofthat"
Is it not plain,that the wholeof this portionof theallegedlibel
is addressed
prominently
andpointedly
to theplaintiff,simplybe-
causethe plaintiff had put himself prominently forward as the
originatorandtheeditorof theperiodicalcalledthe " Propagator
of
thePaith?" Is it not clearthat the plaintiff'svoluntaryappear-
appearance
beforethe world in that capacityis thekey-noteto the
whole of this part of the article ?
From the wholeframeworkof the allegedlibel as explainedby
the evidence,the unavoidableconclusionis, that the prominence
given to the plaintiff throughout the article is not forced, ground-
less, and malicious, but is the natural result of his having himself
entered,into the lists of controversy as a championof Yallabhacharyan
orthodoxy, and a propagator of the Yallabhacharyan faith.
Then, lastly, is there on the face of the libel any evidenceof
express
malice-is there personalrancour-is therean excessof bit-
ness-is there an unfair singling out of the plaintiff with a hostile
desireto defame,to criminate,to malign? I can seenothing of
the kind.
I think the defendant, from his position and status, not onl
an interest and acted on a right, but also fulfilled a moral and
duty, in denouncing
a greatiniquity;-I think he took reaso
sufficient care to inform himself of the facts beforelie publishe<
that what he published he at the time bond fide believed to 1
truth;-I think that, in addressinghimself to the public he ap]
to the right and, under the circumstances, to the only av£
tribunal;-he appealed to those who, in relation to the sn
matter of the allegedlibel had an interest and a &uty correspc
to his own;-I think that in giving the plaintiff the prominei
has done in his article he was actuated by no malice, but s
dealt with the plaintiff as he found him, the representativ
championof his class;-I think that in the languageof the ;
itself there is no evidenceof personalmalice or malignity, but i
evidence of a public-spirited desire to denounce and put dc
crying scandalandwickedness
which was a stainupon thecr«
the writer's caste-on the name of his nation-on the dignil
honour of human nature itself.
Spirit,notlimitedby form,debased
intoa sexualandcarnalcoition
with the mostsensuous of the manifestationsor " avatars" of God.
But it goesfarther than this. Unition with Brahmain the Kali-
yug (or Iron age)beingno longerpossiblethroughthemediumof
mysticalintercoursewith Krishna; it must be obtainedin some
otherway.
ThewitnessMathuradas
Lowji explainsin whatway: this is
whathe says:-
"TheconnexionwithBrahma (necessary
to thesoul'sbecoming
one
with Brahma)
in theKali-yugis onlypossiblethroughtheMaharaj,
Theconnexion
istobehadby carnalintercourse
betweeen theMaharaj
andthe Yaishnavas-thefemaledevotees of the Yaishnava
per-
suasion."
forth as the highest bliss here. Has Lila is the principal employ-
menof Paradisehereafter; one of the many amatorynamesof the
Maharajis " Oceanof HasLila;" andwhen a Maharajexpireshe is
not saidto die, but to extendhimself to an immortality of HasLila.
Thehymnsor sacredsongsof a sectare generallythe mostfervid
exposition
of their religiousfeelings. The hymnssungby the
womenof the Yallabhacharyasect in honourof the Maharajasand
in their presence
arecertainlyno exception to this generalrule.
Theyarepassionatewith all thepassion
of theEast-eroticpantings
for fruition of a lover who is alsoa God: as it is said of the gopis
in the VishnuPurdn, " every instant without Krishnathey count u
101 APPENDIX.
" "WeshouldregardourguruasGod,nay,asgreaterthanGod
if Godgetsangrythe Gurudey is ableto saveusfromtheeffecToI
God'sanger,whereas if the guruis displeased
nobody is ableto save
him fromthe effectof the guru'sdispleasure."" Therefore God
andthe guruarenecessarily to beworshipped.'7 The" worshipof
the guruis to be performed in the sameway asthe worshipof
God." " In this worldaremanykindsof creatures.Of themall
the mostfortunatearewe whohavenoughtthe protection of the
illustriousVallabhacharyans,
Shri Gosaijiandtheirdescendants, who
are manifestlyincarnationsof God,the ExcellentBeinghimself."
It is not necessaryto go further,- thesepassagesclaim for the
Maharajas
the same
worshipasis paidto God;theyclaimfor them
also the character of incarnations of God.
If these things are sanctioned by the authoritative works of the
religious sect,- if union with God is figured under the emblem of
sexual intercourse; if love for God is illustrated by the lustful
longing of an adulteressfor her paramour ; if paradise is spokenof
as a garden,of amorous dalliance;- finally, if the hereditary high
priests of the sect are directed to be worshipped as Gods and
reverenced as the incarnations of God,- it is not a matter of
surprise that the ordinary devotees should make little practical
distinction between Krishna and the Maharaj- that they should
worshipthe Maharajwith blind devotion; and that their wivesand
daughtersshouldfreely give themselves up to his embraces in the
belief that they are therebycomminglingwith a God.
Secondly. - It remainsto beseenupontheevidence adducedat the
trial how far theseteachingsare carriedout in practice; and this
bringsme to the second headof enquiry,viz., in what light are the
Maharajasactuallyregarded ly their sectaries
?
Onthis point theevidence
is ample. Thereis the evidence
of
the witnesses called in the first instance to launch the plaintiff's
case;there is the evidence
of defendant'switnesses;the evidence
of the witnesses calledby the plaintiffin rebuttalof the pleaof
justification;andthe evidence
of theplaintiffhimself.
The witnesses called in the first instance for the plaintiff were
muchmorecandidand explicitin their disclosures
on this point
than thosewho were calledin rebuttalof the defendant's
case. The
106 . APPENDIX.
todrink,
inwhichtheMaharaj
hadbathed.
It isfromthese
things,
andfromwhattheygenerally
speak
among
themselves,
thatI infer
they regardthe Maharajasas Gods.5'
Mr.MrayanDinanathji,
oneof theprincipal
interpreters
of this
court(butwho,in theinterpretationwhichhepermitted himselfto
giveof thewords" Yyabhichar"and" Surat,"wasfor themoment
moremindful,I fear,of hisadmittedfriendship
with therespectable
highpriestJivanjithanof thestrictlineof hisprofessional
duty),
Mr. JSTarayan
Dinanathjiwaseagerto establish
that the Maharajas
in theVallabhacharyasectweremerelyregardedasguru&,andthat
"like the gurusof all othersects,theyareworshipped with the
sameformsand ceremonies
as the image,but not as Gods." But in
cross-examinationthis gentlemanwas compelledto allow that "no
other sectsbesidesthe Vallabhacharyans
have hereditarygurusby
natural descentor adoption;" that "in othersectsgurusare
sexuallyascetic;" that "eating chewedpan-sopari,drinking the
nectarof the feet; swinging,rubbing, and bathingthe bodywith
oils; eatingthe duston which they havewalked; arenot practised
towards the gurus of other sects."
I shall only add the evidence of two more witnesses for the
defence,-that of Mathuradas Lowji and that of Dr. Bhau Daji.
MathuradasLowji, a grave and reputableperson,earnest,of
considerablereading, and unimpeachedhonesty; a Yallabhacharyan
by sect and a Bhattia by caste; gave the following evidence
as to
the point now underconsideration:-
"Purna-Purushottamis worshippedas Godwho is in paradise;
his incarnationsare Yallabh,Yithalnathji, and their descendants.
Yallabh was the incarnation of the head of God." [In this
apparently
extraordinary
statement
of doctrinethiswitness
is borne
out to the letter by the plaintiff.] "The Maharajasare regarded
asthe incarnationof God; the termsPurna-Purushottam and Maha
Prabhu(Supreme God-Mighty God)are appliedto the present
Maharajas, especially
in the actof worship. Themajorpartof the
Bhattiacastedo worshipthe Maharajas God,and worshipthe
picturesof eachof the Maharajasand repeattheir names,as
4Jivanji/ <Jaduna*thji!'in the actof worship,
andworshipthem
in a varietyof ways. It is suchworshipasis enjoined in our
108 APPENDIX.
verylittle effect
onmymind.These
witnesses
all knew
perfectly
wellthat theyhadtodenycertain specific
allegations,
amongst which
wastheallegationthattheMaharajaswereregarded
bytheirfollowers
as Gods,or asincarnations
of God,Themode in whichtheygave
theirtestimonyasto thispoint-theuniformandsetstylesoftheir
answersto certainevidentlyexpected
questions,
necessarily
ledtothe
inferencein mymind,accustomed
carefully
toscrutinise
testimony,
that they had beentutored and trained asto the evidencewhich on
this point wasexpectedfromthem. That evidence wasto theeffect
that they regardedthe Maharajasguru,not as God. In their exa-
mination in chief they kept pretty steadilyto the mark; but on
cross-examination,they were morethan onceincautiouslybetrayed
into the expressionof their real feelingsand their genuinebelief,
I say real feelingsand genuinebelief, becauseifcwasimpossiblenot
to draw this inferencefrom the spontaneous earnestness
of the one
set of replies when contrastedwith the forced, parrot-like manner
of the other set of replies. "I love my guru," saidoneof these
witnesses-Purushottamdas Dayaram-" I worship him asI should
God." "It is not possible,"said another-GokaldasXessavadas
-" It is not possiblefor a Maharajto commitsin." " I regardthe
Maharaj asmy guru" saidBhaiehandKevalehand-" we regardhim
in the placeof God; I regardhim asan incarnationof God."- "I
regard the guru" saidMansukhram
iNarrotam
"as an incarnation
of God; the guru would not commit sin; I cannotsay whether
what would be sinful in other men would be lawful in the guru."
If we turn from the evidenceof his witnessesto the evidenceof the
plaintiff himself
onthispoint,whatdowefind?-a series
ofcate-
goricalnegationsabsolutely
neutralized
byanimportant
admission.
" I am not," he says, " an incarnation of God. I do not know that
anyof myfollowers
regardmeasanincarnation
of God:I know
theyoughttoregard
measaguru: theyworship
measaguru:as
thosewhocausehappiness
throughGod;-asguidesto God: I have
heardnoonesayweareworshipped asGod!butbecause wegive
religiousinstruction
theyworship
usasgurus."
Suchareamong theprincipal
of theplaintiff's
positive
denials
of
theimputation
thatanyofthesectaries
worshipped
theMaharajas
asGodsor asincarnations
of God. Buthetoo,withallhiscraft
110 APPENDIX.
and caution,wascompelled,
underthe pressureof cross-examination
to makean admission
entirelyfatal to the positionthustakenup :
the admission,viz. that till he taught them better someof the sec-
taries even in Bombay did believe in the doctrine which he had
previously
deniedthatanyof thesectaries
everbelieved
in, anywhere,
or at any time.
"I have instructedmy disciples/' he says,"that excepttwo of
the Maharajas,Vallabhand Gosaiji-whom I regardasincarnations
of Ishvar (God) they shouldregard us as gurus and not as gods."
As to Vdlabh, the founder, the plaintiff agreesverbatim with
MathuradasLowji in the apparently extraordinary statement of
doctrine,that "he is regardedas theincarnationof theheadof God;"
but as to all his other descendants, exceptGosaiji "I have taught
the people/' saysthe plaintiff, that "they shouldregardus as gurus
only. T prevented all personsfrom believingsucha doctrine(as that
all the descendantsof Vallabh were incarnations of God) ; until I
preventedthemthey did "believe
it. WhenI cameheresome
persons
believed,
it and somedid not; the majority did not, the minority did."
What then on this point is the result of the whole evidence? In
my opinionit is this:-
1st. That many passagesin the religious works of these
sectariesauthorize the doctrine that the Maharajas are incarnations
of God and ought to be so regarded and worshipped hy their
followers.
Before
goingintothis,afewgeneral
observations
musthemade
onthecomparative
value
andcredibility
ofthethree principal
classes
of testimony
withwhichwehavetodeal, viz.,1,thetestimony
of
the witnesses for the defendant;2, that of the witnesses
for the
plaintiff; 3, that of theplaintiffhimself.
Pirst,asto the witnesses
for the defendant,
it is Impossible
to
havepresidedat this lengthened
trial withoutbecoming
aware,not
onlyby the positiveevidencetendered,but by thedemeanourand
bearingof the crowdsby whichfrom dayto daythe court was
thronged,that thedefendantandhis witnessesgavethei??
evidence
on the unpopular side. The religious animosities of the sect,the
social prejudicesof the caste,the personalhatred and alienationof
former friends,were all arrayedagainstthem. They had to face
sectarianobloquyand casteexclusion. They were not free even
from the risk of personalassault. I will taketwo passagesfrom the
evidencegiven by the witnessesfor the plaintiff to show the nature
of the feelingthat wasarrayedagainstthem. " Two personscame
to me," saysGtapaldas Madhavadas,"on the subject of outcasting
the defendant for writing about the Maharaj in the newspapers.
They said ' as the Bhattias have made a bandobast,we (Banians)
should make one also/ This was one or two days after the Bhattias
had put their signaturesto a papergot up to intimidatepeoplefrom
giving evidencein this case-the bandobastI meanwhich was
madea subject of prosecutionfor conspiracyin the court last
Criminal Sessions. The two persons who came to me were Par-
bhudas and Jaykisandas: they, I, and the defendantsare all
Banians."
DamodarMadhavaji said:-"If any memberof the Yallabha-
charyansectis foundto entertainopinions
adverse
to therestof the
sect,we shouldnot believehim: we shouldhaveno intercourse
with him; he wouldbe isolatedin his own house;we should
remain aloof from him. I would regardpersonswho think the
Maharajas
guiltyof wicked
practices
asoutcastes:
I would
notspeak
to LaJchmidds
SMmji andMathurddds
Lowji,leoause
tlieyhavegiven
evidence
hereagainsttheMaJidrdj."
Tothosewhoconsider
howlittle theHinduis,accustomed
to in-
dependent
thought
andindependent
action-how
hiswholelifeis
112 APPENDIX.
doings
of aMaharaj,
it wouUle theirdutyto tell thetruth openly
andnotscruple
to revealthe secrets
of their guru. But thevalue
of thesedeclarations
wasconsiderably
impairedby the circumstance
that several of thesewitnesses swore that till they came into court
theyhadneverheardthemorality of the Maharajascalledin ques-
tion, andthat othersdeclaredthat even if they had heardsuch
reportsthey-\vould
nothavebelievedthem. " It is not possible
for
a Maharajto commitsin," says GokuldasIvesavadas," Every
Maharaj is a goodman,"saysHargovandas Mulchand;" a Maharaj
cannotbe a bad man; if I heard any report against the moral
characterof a MaharajI wouldnot believeit, nor coulda Maharaj
be guilty of bad conduct." "If," says NaTotaindasHaribhai,"I
hearda reportof the licentiousness of a Maharaj,I shouldnot
believeit. A Maharajwould not do bad acts.7'
It is importantto beartheseexpressionsin mind whenweconsider
the natureof the evidencegiven by the plaintiff's witnessesas to
thepart of thecasenowunder consideration. It is all purelynegative
evidence.It amountsto this: you, the witnessesfor the defendant,
say the Maharajasgenerallybore a bad character; we, the witnesses
, for the plaintiff, saywe neverheard of it. Again, you, the witnesses
for the defendantsay the plaintiff himself bore a bad characterat
Surat,at Beyt, at jDvrarka. "Well, we are witnessesfor theplaintiff
-some of us camefrom Surat, some from Beyfc, some from Dwarka*,,,
oneor moreof us from every placein which you have proved affir-
mativelythat the plaintiff bears a bad characterj and we saythat
we never heard of such bad character. In any case this negative
evidence amounts to very little, for it is obviously quite possible
that the negative and affirmative evidence may both be true. It is
obviously no contradiction of a man who says of another that he
bore a bad character at such a place to bring forward a third man,
or (if the place be a large one) half a dozen other men to say they
never heard of such bad character. But when amongst those
called to give this speciesof evidence you find a variety of persons
who admit they would pay no attention to, nay, would disbelieve
the bad characterif they even heard it, then this speciesof evi-
dence,at the best singularly inconclusive,becomesfor all practical
purposesof absolutely no value whatsoever.
114 APPENDIX.
Thewitness
thengoesonto relatetheresultof anappeal to
JivanjiMaharaj,
toputastoptothese
scandals.
Jivanji said,"All
personsare mastersin their own houses;adulteryhas increased
verymuch" it is difficultto put a stopto it. I cannotsayanything
to my eldersnor to myequals. If I wereto attemptto sayany-
thingto anyone,hewouldnotmindme. All theMaharajas
derive
Q>
greatpart of their incomefrom women: Jiowcantheykeepup their
expenses
if their incomes suddenlycease
f Like an opium eater, a
man cannotsuddenlygive up the practiceof lust to which he is
addicted:it is difficultto abolishsucha practiceat once;have
patience,and I will endeavourto haveit abolishedgradually."
This evidence,entirelyuncontradictedand unshaken,corroborated
as we shall seedirectly by other unimpeachable testimony,is to
my mind conclusiveas to the generallyknown existenceof such
practices. Jivanji doesnot attempt to deny the evil; he admits
and deploreshis own powerlessnessto suppressit.
Dr. Bhdu Daji says,-" My opinionof the characterof the Maha-
rajas for morality with women is very unfavorable. I have attended
three Maharajas (besidesthe plaintiff) for venereal disease. I per-
sonally, once almost publicly, remonstratedwith Jivanji on the sub-
ject of these immoralities. He said he had no control over the
others to prevent them from committing acts of adultery."
LakhmidasKhimji says-" The generalreputationof theMaha-
rajas is very bad as regards adultery; to my knowledgethat
bad reputation is well deserved. / knowof my ownknowledge of
adulterousactsand generallicentiousness
onthepart of Mahdrdjds-
of ten,twelve,orfifteenof them. Theplaintiffhimself
described
to me
theactsand conduct
of otherMahdrdjds,namingeight or ten of them.
He saidtheycommitted adultery; that hehadspoken
to severalto dis-
suadethem; and that, with the exceptionof oneMahdrdjwhomhe
named,
the otherspromised
to desistfromsuchpractices.He said,
' Donotpress
menow;whatincome
doI derive
fromyoumales
?
Mostof my incomeis derivedfromfemales.If youmakearrange-
mentsbywhichwemayreceive largedues,
wewill giveup these
things.'AftertheBhattiacastemeeting
of 1855,1hada conver-
sation
with Jivanjionthesubject
of adultery.Dr.BhauDajiwas
there. He said, (Eeform yourselves;establishschools;make
*18 APPENDIX.
ingoftestimony,
I findit wholly
impossible
to come
toanyother
conclusion
thanthis,that theMaharajas asa classwere,andfor
yearsnotoriously
hadbeen, guiltyof theimmoralities
imputed to
them
bythedefendant
in thealleged
libelandin thepleaofjustifi-
cation.
ful caseit would have turned the balance against the plaintiff; in a
caselike this, free without this circumstance from, all reasonable
doubt, it renders it absolutely impossible to cometo any other con-
clusion than that the plaintiff was affected with syphilis, both in
Septemberand Decemberof the year 1860.
And this conclusion,is all-important in its bearing on the value
and credibility of the plaintiff's evidence;it is not only that having
JUDGMENT OF SIR JOSEPH ARNOTJLD. 123
deliberately
perjured
himselfonthisoneoccasion,
hisoathwhere he
standsalone in contradiction
to credible
testimony,
isutterlyvalue-
lessforall purposes
andonall occasions-it
goesfurtherthanthis:
the fact,asto whichdoubtis impossible, thattheplaintiffhad
syphilison two occasions
in the year 1860,shakes
to piecesthe
whole framework of his evidence and shows it all to be conceived
in a spiritof hypocrisyandfalsehood.
"Withgreattactandplausibility,theplaintiffassumed,
throughout
the wholeof his verylengthened evidence,
atoneofparental
piety,
and outragedpurity. When askedwhetherhe had toyedwith the
bosomof the younglady in the templeat Beyt,his answerwas
"How can I commit such an act as touch the breast of a woman,
wJienI regardall womenas my children." Again, when questioned
asto his still closerintimacywith a youngmarriedlady in Bombay,
he repeatsthe expression"I regardall womenas my children."
Again he says, "Would I have told Kalabhai Lalubhai that there
is no harm in adultery when adultery is strictly prohibitedin our
religion? How could I invent sucha new thing" (as to saythat
illicit intercourseis goodfor the health)'' whenI hadnoexperience,
never having committed adultery in all my life; it is a thing I hate.
Amongst us these things are strictly prohibited; it is laid down that
intercourse with one's own wife is lawful, but that intercourse with
any other woman is unlawful. That includes intercourse with J&as-
lins," he said in answer to a question of mine, and we have just
seenhow in denyingthat he ever had intercoursewith an impure
woman,he exclaimed," How couldI, it is contraryto our religion
to have such intercourse."
Convinced as I am on evidencethe most clear and conclusivethat
this manlabouredunderan attack of syphilis,the result of impure
connexion,aboutthe very time this allegedlibel waspublished,I
am constrainedto regardthese expressions of simulatedpurity as
the offensivelanguageof hardenedhypocrisy.
Thereis anotherrespectin which a material,but to me a most
incredible,part of his evidenceis utterly shattered
by the con-
clusion at which I have beencompelledto come,as to his having
been under treatment for venereal diseasein 1860. The plaintiff
himselfmostpositivelyswore,andhis personal
attendantswore
124: APPENDIX.-
self-contradiction
in thecourse
of averylongandsearching
cross-
examination.TheyoungKayasth,KalabhaiLalubhai,
a sonof the
Sheristedar
of theSudder
Adawlut,gavehis testimony
with ex-
tremeintelligence
and in a frank, artless,naturalmanner,which
unavoidably
created
theimpressionthathewashonestlyspeaking
thetruth. TheyoungBhattia,Chathurbhuj,
wasa lessintelligent
person,
bat hetoogavehis evidence
calmlyandclearly,norwashe
shakenin a singleparticular.
It wassaidthat the testimony
of thesetwoyoungmenwasopen
to suspicion,becauseboth were great friends of the defendant;
because
onehad alsobeenhis pupil for some
timeat the Elphin-
stoneInstitution, and the otherwas the nephewof Dr. Dhirajram.
If they had told a less plain and unvarnishedtale, if they had
beenshakenin cross-exanrinatio-n,if tbey had becomeconfusedor
hesitating,if they had shownany eagerness of partisanship,I might
have felt there was something in the suggestion; though even then
it might fairly have been said that, in a case like this, no motive
but one of friendship for the defendant, or earnest zeal for the
reform of the sect, could induce people to brave odium (and, if
membersof the sect or caste-worse than odium) by comingforward
to relate in open court what they knew of the malpracticesof the
Maharaj. But considering the mode in which these young men
gavetheir evidence,the fact that oneis a relationof Dr. Dhirajram
and that both are friends of the defendant, though it may have
supplieda reasonfor watching their testimonymore closely,affords
nonefor discreditingin any way the testimonywhich in fact they
gave. And that testimonywaswholly uneontradicted exceptby the
meredenialof the plaintiff-a denialwhich, for the reasonsalready
morethan sufficientlyindicated,may be regardedfor all purposesof
evidence as practicallyworthless.
Kalabhai Lalubhai, who seemsto have beenon very intimate
termswith the plaintiff, speaks
to two instances,
onein Suratand
one in Bombay,in which he witnessed factsthat canleaveno
reasonabledoubt of illicit intercourse between the plaintiff and two
ladies of the Bania caste. The first took place at Surat about
threeyearsago:"I wassitting,"saysthewitness, "with the
plaintiffanda maleBanianin his' diwankhana.'
A Baniangirl,
126 APPENDIX.
onlyof themostuniversally
observed
lawsof decency, but of the
veryprinciples
on whichourcommon humannatureis built up.
Thisis a veryinconclusive
objection:
it is notan objection
likely
to haveanyweightwith thosewhomreadingand experience
have
carried
beyondthe circleof homemanners
andhomeopinions.It
isdifficultforanEnglishman
ofthenineteenth
century
to believe
in
theexistence
of sucha stateof manners
asis depicted
by Petronius
or
Martial, and yet we know that thesetwo writers were the most
fashionable
andfavoriteauthorsamong theirRomancontemporaries;
theveryessence
of their popularityconsisting
in the general
truth-
fulnessof their socialportraitures. Soin orderto put ourselvesin
a positionfor judging adequatelyof the probabletruth of such a
story as this, we must endeavour to realise as best we can the state
of feelinghabitual amongthosewhosecorruptionsit exposes."We
must supposethe caseof a weak and blinded people;a rapacious
andlibidinouspriesthood; a god whosemost popularattributesare
his featsof sexualprowess;a paradisewhosemost attractivetitle
is that of " a boundless
oceanof amorousenjoyment." But thereis
oneplain fact which on this matteris worth a worldof speculation.
$o little did LakhmidasHhimji supposethat therewas anything
incrediblein the story,that at a large""partyat GokuldasTejpaTs,
hemadeit the subjectof an attack half-jocose, half-earnestagainst
his uncle, who has now for someyearsbeen absentin Zanzibar*
He mentionedthe namesof severalhighly respectable membersof
his casteand sectin whosepresencethe allegedattackwasmade:
thosewitnesses were put into the box and tenderedfor cross-exami-
nation,but no questionwas put to them tendingin any way to
impugnthe statementof LakhmidasKhimji.
Suchis the evidencein supportof the chargesmadeagainstthe
moral characterof the plaintiff in the pleaof justification; onmy
mind that evidenceleavesnot a shadow of doubt; the chargesmade
are,in rny opinion,
fully substantiated.
Jadunathji
Maharajis con-
clusivelyshownto havebeenin no degree superior
in moralityto
the averageof his brethren,and principally to havedifferedfrom
themin the tact and cunning with which he employedpublic pro-
fessionsof zeal for reform as a convenient cloak for uncleanliness.
Havingthusgonethroughall theobservations
I proposed
to make
132 APPENDIX.
Shortly after the Coupd'Etat of Louis Napoleon,a law was issuedin France
againstthe liberty of the press. Almostsimultaneously,
a Napoleonicsicvoloy
siejubeowasissuedto the editor of a journalin Paris,to the effectthat, if
he continuedto remain totally silent on political matters,lie would incur the
COMMENTS OF THE INDIAN PRESS. 137
Displeasure
of thePowers.ThePariseditor
hadanarticlenextday,headed
"TheLibertyof Silence."
Noenlightened
mancandoubtthatagovernment
or a country must sufferincalculablymoreby imposinga constrained
silence
onthepress,thanby granting
anunrestricted
libertyto it. The" Maharaj
labelCase,"
onwhichthejudgmentoftheSupreme
Court
was delivered
yesterday,
"was
oneofparamount
importance
in itsbearings
uponmanyvitalinterests,
upon
nonemorethan uponthe libertyof communion."Whatis societywithoutthis
liberty? If earnestmenin societyhavenot the libertyof communion with one
anotherrespectingthevilest conceivable
abusesthat prevailin theirmidst,that
societyis in degraded
bondage. Therewasbut oneopinionin thecommunity as
to the nature of the judgment that would be pronouncedin this case. It was
universally
expected
that it wouldbeonewhichwouldvindicate
thelibertyof
the press,the justiceof Englishlaw,the causeof progressin thisland,andmore
especially
the moralreformwhichis strugglingto makeheadway in this commu-
nity againsttlie mostpowerfullyantagonistic
influences.Thejudgment delivered
by the Puisne Judge,Sir JosephArnould,has fully realizedandjustifiedthe
public expectation. In his judgment,Karsandas Mulji is not guilty of libel;
there was the most fully justifying occasionfor his exposureof the scandalous
practicesof the Mahartij,andthe justificationhasbeencompletely established.
"Weregretthat we arenot ableto characterise in the sametermsthejudgmentof
the ChiefJustice, Sir MatthewSausse.In his judgmentKarsandas is guilty
of libel, and there wasnot justifying occasionfor his accusationsagainstthe
Maharaj. At the sametime, the Chief Justiceconsidered the justification
established. His judgment, therefore,wasfor the Maharaj on the plea of libel,-
damagesfive rupees,without costs. This will go forth as the judgmentof Her
Majesty's Supreme Court in this important case. We greatly wish that Her
Majesty'sJudges had beenof one mind in this matter. "Weneednot say that
we fully agree with the PuisneJudge; if we did not, we believethat we should
standalone,in aningloriousisolationfrom the publicof Bombay,
European
and
native, unconnectedwith the ease. " The greater the truth, the greater the
Ubel." Yes; but only when the libelloustruth is utteredin malice. The
justice of the legal adagedepends,not uponthe merefact of the libellous
characterof certainallegations,
nor uponthe fact that the libellousallegations
arefoundedin truth, but uponthe fact that the true libellousallegations have
beenpromptedby envious,selfish,andmaliciousfeelings. Whenthereis no
evidenceof suchprompting,nothingto warrantthe suspicion of it, alibel is not
greater,but less,the greaterits truth. Thereare caseswhereit is proper
andnecessary
to expose
thecharacter
anddesign
of thebase,
asasafeguard
to
the public good,or a warningto the innocentwhentheyareexposed
to danger
andsuffering.It certainly
couldnot besaidwithanytruth-thegreater this
proprietyand necessity,
thegreaterthe libel. Sucha properandnecessary
exposure
hasnothingin it whichpartakes
of thenature
andcharacter
of a libel.
We have said that thereare suchcases:we mustguardour meaningagainst
138 APPENDIX.
theyrefrain
fromdoing
whattheylegitimately
maydotocountenance,
encourage,
andsupport Karsand&s
andhisassociates
: it will arguethewantof moral
courage
onthepartof themoreenlightened
members
of thenativecommunity,
if theyrefrain
fromgivingtheircountenance,
encouragement,
andsupport.
The
causeis oneof publicmorals.'Wearenotviewing it in a religious
pointof view
at all. We suppose that few of our owncountrymen in Bombay had any
suspicionthatsuchgross immoralities
asthosewhichthis""Mahar&j LibelCase"
haspubliclyexposed werecountenanced andpractised by themenwithwhom
theyhavedailyintercourse in thewayofbusiness; orthattheyhadanyideathat
theywerelivingin themidstof a people whosesocialcustoms andreligious
observances wereof sucha debased characterastheyhavenowpubliclybeen
shown to be. If thenativeshaveanyrespectfor theopinions of theirEuropean
acquaintances
and friends,the knowledgeon their part that the latterare now
awareof the disgustingandabominable thingsthat aredoneof themin secret,
musthaveasalutaryeffectuponthem. "Wecall upon themto renounce these
hiddenworksof darkness:to protecttheir wivesanddaughters fromthe vile
designsof adulterers
: to behavethemselvelike men,andnot like beasts.If one
thing morethananotherprovesthe besottedcharacter of theseWah§rajas, it is
the fact that they have beenso infatuated as to provokethis exposureand drag
their own filthiness before the public-"raging waves of the sea,foaming out
their own shame." If these men are your gods, what must your devils be!
The judgment deliveredyesterdaywill be publishedin a few days. Wewait with
impatience
for that of Sir Joseph
Arnould,oneof the mosteloquent,
impressive,
and just ever delivered from the Benchof the SupremeCourt in Bombay. We
shall return to the subjecton the publication of the judgments.-BombayGazette,
April 22, 1862.
day,andthattheCourthasawarded
Mmnominaldamages
solelyoutof coin-
passionfor the povertyof the defendant.Thenatives,of course,
donotcareto
understand
thetechnicalities
of thelawcourts
; theonlyfactplainto theircom-
prehension
is thattherehasheenan apparent
compromise; andit isdeplorable
that suchshouldhetheresultof amerelytechnicaldifference of opinion"between
the Judges. In a caseof this sort,in whichthe verdictcouldnotfail to exercise
a wideinfluenceonthe popularmind,it wasallowable for Sir MatthewSausse to
look beyondthelimits*ofthe'Court,andto consider whatwouldbethe effectof a
judgmentin whichthe slightestinclinationin favourof the Maharajwouldbe
sure to be misconstrued.
A man just like ordinary men, in many respectsfar lessin mind and heart,
claims descentfrom the BeneficentCreator-nay holdshimself a part and parcel
of that Awful Being. Hundreds and thousandsof men put implicit faith in his
arrogant
pretension
andworshiphim. But how? to ourshame,
let the following
extract speakfor it:-
"In the morningwhenthe Mah&rajis at his ablutions,
a numberof persons
collect at a short distance,and as he stands up to wipe his body, one of the
Vaishnavas,approaching himwith reverence, takesinto a vessel
the waterdrip-
ping fromhis potid (theclothcoveringthe lowerpart of his body). Thisdirty,
impurewateris esteemed to be of high valueanddistributedamongall present
at the temple,who drink it with feelingsof pride. Someof it is reserveduntil
the next day for the purification of absentYaishnavas. The remnants of the
Maharajas' mealsare calledjuthan; they are preservedas very preciousstuff,
and canbehad on a formal applicationby anyVaishnavawho desiresto eat them.
At private banquetsand castefeasts, given with the Mahdr&j'spermission,these
impure remnantsare first served,and are eaten as though they were ambrosia.
The pan-soptiriwhich the Maharaj throws out after chewing, is also collected
and preserved,
to be distributedto malesandfemales,who aliketake a great
pleasurein chewingit over again.
"In the month of Shravan, the Maharaj takes delight in sitting on the
hindolld (a sort of swing) when his male and female followers move it back-
wards and forwardswith their hands. This privilege of swinging His Holiness
is purchasedwith presentsto him. At the time of the Holi holidays, one of
the Maharaj&s standsin the street near the templein the Fort, and permitshis
followers to hail him with gulal (red powder). Some of tho Mahurajas on
suchoccasions,throw the gulal in return on somefavourite femaleworshippers,
and indulgepublicly in indecentand improperscenes, On sador joyful occasions,
144 .:- APPENDIX.
was very ably calculated-the writer was to be ruined. But in an evil hour for
themselves,Mr. Karsandasbrought an action of conspiracyagainstthe chief
instigatorsof this illegal measureof the Hindu community,and the prosecution
endedin triumph. It hasbeenthe triumph of the glorious liberty of the Press
aswell as the triumph of progressin Western India. Generallyspeaking,the
BhattiasandtheBanians,
whomakeuptheagitationcommunity
of ourPresidency,
are ignorant and unthinking, and the moral effectsof their defeatwill neverbe
lost to them. The conspiracycasearoseout of the Maharaj libel case; it was
condemnatoryon its very face andhencethe defendants suffered;but in the rude
simplicity of their mind our Hindu brethrenwill ascribethis their defeatto their
advocacyof the Maharajcause, which,with,their proverbial
timidity, theywill
henceforth
astutelyeschew to espouseopenly. Theymightpassively oppose all
reforms;but their effortat activeopposition
beingthusnippedat theveryonset',
they arenot expected henceforth
to puff themselves into importanceon any
measure againstthe Reformers,
andif a nativeGuizotwereto compileat some
futureperioda workonthe " History of Civilisationin India," we "believe
the
raciestchapter in the book will be that which will treat of " Mr. Karsand&sand
his Prosecution."March on, Progress,
thine is the dayI Glory, Reformer,
thineis the VICTORYl-Indfon Banner,December 22, 1861.
wearethatnootherMaharaj
would
haveappeared
in theCourt,ashedid,togive
evidence.But bysodoinghehasworkedouthis ownandhisbrotherMaharajas'
ruin. It is well that he tookrefugein the Court,otherwisewe shouldnothave
knownhalf the truth concerning thesegurusandtheir religion. Theirimmoral
characterhasbeenincontestibly established,and we wouldadvisethemto leave
off the evilof their waysandto seekthe knowledge of that truth whichby its
renovating
influence
will change
themforthebetter. Thecounsels
of bothsides
did theirdutyto the bestof theircapacity,
but it wereungratefulnot to notice
that the success
of the casein favour of the defendantsis very much owing to the
greatskill, thelegalacumen,
the immense
researches,
andthe unwearied
efforts
of their witnesses'counsel,Mr. Anstey. The name of Chisholm Anstey,the
successfulbanister, will not easilybe forgotten in the Bombaycommunity. The
witnesses whose evidenceseemsto have decided the case are the Eev. Dr. Wilson,
Drs. BhauDaji andDhirajrumDalpatram,
andMessrs.
Mathuradas
Lowji and
LakhmidasKhimji. Dr. Wilson'sclear and comprehensive evidencedid much to
throw downthe wickedpretensionsof the Vallabhach&ryareligion. Mr. Bayley
seemedto havefelt the weight of this evidence,asis obviousfrom the mannerin
which he spokeof Dr. Wilson in oneof his addresses.Dr. JBh&uDaji's and Mr.
Mathuradas'sevidenceclearlyestablishedthe bad characterof the Mah&iajtisin
general,andof the plaintiff in particular. The evidence
of Dr. Dhirajramand
Mr. Lakhmidas left no doubtasto the fact that the plaintiff is a monsterof
wickedness in humanform. Thesehave laid the friendsof native improvement
under the greatestobligation. We thank them for the bold, uncompromising,
and intelligent way in which they gavetheir evidence. The last, but the most
important, party we haveto nameis Mr. KarsandasMulji, the chief defendantin
the case.We do not knowin what wordsto express our admirationof this
gentleman.For yearspasthehasfearlessly denounced
their errors,superstitions,
andimmoralities:andhaslaboured unweariedly
to enlightenthemby thelight
hepossesses. Thereis noprideorvanityabouthim; but heis sincerely desirous
of the welfareof his brethren. It wasfrom the purestmotivesto dogoodthat
hepenned the article,whichraisedsucha stormin the Vaishnava community as
wasneverwitnessed before.The MaharajJadunathjiand his blind devotees
usedeverywayandmeans in theirpowerto inducehim to offeranapology to his
offendedholiness;andanapology fromMr. Karsandas Mulji wouldhaveseated
Jadunuthjiandhis fellowMaharajas ontheirgddisseventimesmorefirmlythan,
before. But this naturallytimidgentleman, whenheperceived thateffortswere
beingmade to make
himsuccumb to theauthority
of theMah&raj,boldly
stood
outasa lion,andrefused
to listento anycompromise. Duringtheproceedings
of the ease
in the Court,promises
andthreatenings
wereaddressed
to him that he
mightcome
to some
understanding
withtheMahfiraj,
butall to noavail. He
feltthathehadtruthonhisside,
andthatit would
beunworthy
toyieldtoany
improper
influence.
Hehadveryfewfriends
to stand
byhimat firstandof these
fewthere
wera
some
who,
hadtheBhattia
Conspiracy
Case
leendecided
against
COMMENTS OF THE INDIAN PRESS. 147
him,-would
have,likegenuine
Banians,
withonehandonthegdgriandtheother
on thedhotarranawayfromhim,andjoinedtheranksof theMaTi&r&j. He
made uphismindto goonwiththecase
at all risks,andhisconsistency
andper-
severance
havebeenrewarded.Thecause
of truth hasat lastprevailed.A most
degrading
superstition
is exploded
: theteachers
andpropagators
of thissupersti-
tion arein the estimation
of enlightened
mencastdownto the lowestdepthsfrom
that proud,high positionwhichthey enjoyedfor threehundredyears:andthe
wayof reformation thrownopen. Mr. Karsand&s Mulji hasthehonourof being
the chiefinstrument in bringingabouttheseresults. His namewill descend
to
posterityas that of a brave, genuineReformer. It will ever be associatedwith
the cause
of reformation
in this country.
Beforeconcluding
theseremarks we havea suggestion
to maketo our*educated
young men,and to all the friendsof native improvement. Our suggestionis this,,
thatconsidering,
thetoilsandtroublesMr.Karsandas
hasundergone in connection.
with the Libelcase,
andthe services
hehasrenderedto the cause
of moralityand.
humanity by his disinterestedand manly conduct, someacknowledgmentouglit
to be madeof theseservices. "Weshall feel very much disappointedif something
is not done towardsthis object. Many personshave receivedtestimonialsfrom
the peopleof Bombay,but we questionvery much if any of thosegentlemenwas
more entitled to a testimonial than our friend Mr. Karsandas. The amount of,'
suffering and pain he has undergonein the last twelve monthsfor the good of.
his fcllowmen,no one can tell; and it will not redoundto the honourof "Young
Bombay andotherswho'have the welfare of the country at heart if they,allow-
this opportunityto slip without giving an expressionof their sympathywith the
personwho enduredsomuch in doing goodto his fellowmen.
"We are not donewith this Libel case. It suggestsmany important questions,.
and seriousconsiderations."Wehaveneither spacenor time to touch upon these-
in the presentnumberof the Bdmddd.We hopeto return to this subjectsoon..In
the meanwhilelet our friendsthe [Reformersandthe whole body of theVaishnavas-
ask what arcthey to do now ? The Vallabh6.ch6.rya religion whichtheyprofessed.
is no religion at all, but a systemof lies and delusions,-a systemwholly opposed..
to the gloryof God,andthe wellbeingof man. It is clearthata religionlike
this no man who has a particle of good senseor right feeling will everfollow.
What areyou,friends,thento do? Someof you mayperhaps
reply,we shall
take leave of it, and have nothing to do with it. Yery good,but what next ?
Youcannotdowithoutreligion. You cannotacquityourselves asrationalmen
withouttheaidof true religion. Yourenquiries,'
therefore,
should
.bedirectedto-
ascertain
the religionwhichis of God,andnot of "m.m.r-jBdmddd
orJDawn,for
April.
articleontheMaharaj
LibelCase
whichwepromised
to ourreaders
some
time
ago. It contains tbe officialdocuments laid beforetbe SupremeCourt; tbe
"substanceof the evidenceadduced onbothsides(whichwehavetakenprincipally
from the reportprintedat the Gazette Pressandpublished at theofficeof the
Times<?/India]; andthe elaborate andsearching judgmentsof Sir Matthew
Sausseand Sir JosephArnould. Many of our readers,who will admit
the necessity, in the presentcircumstances of India,-with other systems of
corruptiondefilingthe land but partiallyexplored,-ofa recordbeingmadein
this periodical©f the great contestfor truth and purity in which that most
amiableandpromising reformer, Karsandas Mulji, andhis associates
havebeen
latelyengaged,
willdecline
toread
thedisgusting
details
ofthisremarkable
trial.
Theirentireavoidance of themmaybealtogether expedient in manycases, while
the studyof them,with someattention, maybeincumbent on the philanthropist,
the reformer,andthestatesman.The apostolical adviceof Paulto the Gentile
convertsat Ephesus is applicable to all in a caseof this kind: "Have no
fellowshipwith the unfruitfulworksof darkness, but ratherreprove(orexpose)
them. Por it is a shame evento speakof thosethingsthat aredoneof themin
secret. But all thingsthat arereproved (or exposed) aremademanifestby the
light: for whatsoever dothmakemanifestis light." Eventhoughshamemust
be felt in the veryimagination, or expression in conversation,of the deedsof
darkness, they must,to bring about their cessation, be both laid openand
reprobated.Light mustbe thrownon the darkestplacesand darkest deeds of
iniquity, that theymay be broughtto a speedytermination.Thereis often
a moral power evenin disgust,which,in someimportantquarters, cannotbe
dispensed with. Thereis a greatdifferencebetween writingof evil to enticeto its
commission,and showingits existence,to deterfrom its commission.
"Weshould have beenglad to have.givena report of the pleadingsof counsel
on both sidesof this case; but our space,on which we havemuch encroached
by
devotingto it'Considerably
morethan thenumberof pages
contained
in anytwo
issuesof our periodical,forbad us to make the attempt. This is the less to be
regretted, as of thesepleadingsbut very imperfectnotes have beenpreserved.
They were of an able character,particularly in behalf of the defendant. Mr.
Anstey'sefforts,bothin his searching
examinations
andimpassioned
exposures
of
the evilswith whichbehadto deal,will neverbeforgotten
in Bombay.
The Friend of India has proposedthat Sir JosephArnould's admirable
judgment shouldbetranslatedinto the variouslanguagesof India, and published
as a tract. With a generalview of the evidence, it hasalreadyappearedin
Gujar-citi,It is intended,
we believe,to give it in the Brij-Bhashk,
assoonas
practicable.
Somenotices
in theIndianpressof thisextraordinary
trial, wehopeto givein
an early issue.-Oriental ChristianSpectator,for July andAugust^1862.
COMMENTS OF THE ISTOIAN PRESS. 149
newspapers
andperiodicals,
in theformof a pamphlet,
andcirculate
themamong
the followers
of theMaharajas,-averydesirable
ohject.
Theaspect of this case,whichperhaps givesit its greatest
importance
is
this:- thefactthat theplaintiff,Jadanathji
BrizrattanjiMaharaj,
should
have
thought it necessary
to denythedoctrinesof hissect,whentheywereimputedto
him.
It must strike his followers that this is not the conductof a teacherof a true
religion. Persecution is alwaystakenadvantage of by teachers
of truth as an
opportunity of assertingthe heavenlynatureof their creed,"Whydid not the
Maharaj,a high priestof the secthe belongs to, takeadvantage of this public
opportunity,andusingthe witnessbox for his pulpitproclaimfromit thetruth
lie believedin ? "Whydid he not declarethat it wasthe duty of all true
believers
to give up their -wivesand daughtersto his embraceandthat of his
colleagues; that carnal intercourse with him on the part of a woman was
equivalentto her communion
with the Infinite; that eternalhappiness
in
another state is of the samenature; and that holinessand sanctityconsistsin
makingthis world a foretastein this respectof the next?
He did nothing of the sort. He disclaimsthe imputationsto him of the
doctrinesheld and the practicescountenancedby the Yallabhacharyasectas an
injury and insult, to be atoned for by a fine of five thousandrupees, A
newspaperpublisheswhat has since been proved in open court, and at a fair
andcareful trial, to be nothing morethan a true pictureof the proceedings
of the
sect; andhe knowsno escapefrom the infamy whichhe well knowsit will biing
uponhim, than to denounce the imputationasa false,scandalous, malicious,
infamous, anddefamatory libel, wickedly,maliciously,
anddesignedly printedand
published with a viewto bringhiminto disrepute, andinjurehisgoodfame;and
whenit wasprovedthatthe allegedlibel wasonlysober truth, heis saidto have
fledfromBombay in fearof a prosecutionfor perjury.
It is suchconductwhichis likely to produce sowidean effectuponthenative
population.
It isnotsomuchthescandalous
nature
of therevelations
madeas
to the deedsof this false and licentious priest, which seemto us so important.
There have been false and licentious priests of other religions. Mahomet
usedhispretended
propheticalofficeto excuse
his licentiousness;
andeven
Christendom,
we grieveto saymaybe reproached with its Borgias
andits
Achillis. But it is that whenwhenthe creedof the sectof theMaharajas
was
brought beforethepublic,oneof theirhighpriests
denied it justat thetimehe
wasexpressly calleduponto confessandproclaim its truth. "Who will believe
in. a religionwhichthe.prieststhemselves are the first to repudiatewith
pretended
horroranddisgust
?
Thereligionof theYallabh&.charyans
will notsurvive
thisblow;at leastwe
hope
soforthehonour
ofhuman
nature.Buttheeffect
ofit will befeltstill
farther.It will resound
throughout
the Hinduworld. Forin truth,though
thisparticular
sectissaidtohave
originated
onlythree
hundred
years
ago,
it has
152 APPENDIX.
IX.-Tie Sindim.
astrictlegalaward
is thoroughly
compatible
"withourpreconceived
notions
of
whatwasjustandright. If themanwhosofearlessly exposedtheabominable
superstition
whichhad gradually become engrafted uponhis creed,-without
malice,asmaliceis understoodby the worldat large,
but honestly
andwith
becomingindignation-ifthis manhadbeencastin damages forhispains,the
libertyof thepress
might
indeed
have
been
setdown
asathingof thepast.On
this point Sir Joseph
Arnould'sownwordswill beread withpleasure,
andwill
find an echoin theheartof everyonewhodesires thereformation
of society
and the promptexposure of abuses."For generarations" saysthelearned
judge," thehereditary
highpriests
of hissecthad,ashe(thedefendant)
believed,
committed
whoredom with the daughtersof his people. Like the sonsof Eli
theyhaddonethis openlyat the gate of the temple-like the sonsof Eli they
haddonethisunderthepretended
sanction
andin theabused
name
ofreligion.
Thisis the thinghodenounces. It wouldbe a wasteof wordsto pointout that
in denouncing it-vehemently,bitterly, indignantly-he waswithin the strict
limits of his dutyas a public writer. The interestsof societyrequirethat
wickedness suchasthisshouldbesternlyexposed andunrelentingly
hunteddown.
If to writevehemently,bitterly,indignantlyonsucha subjectasthisbelibellous
-then werethe Prophetsof old libellers-then were the early Fathersof the
Churchlibellers-then have all earnestmen in all time beenlibellers, who have
published
to theworldin thefit languageof generous
indignation,
their scornof
hypocrisy and their hatred of vice." For this bold expositionof the laW'Sir
JosephArnould deservesthe thanks of the whole pressof India. It is a matter
of no small moment to have it so clearly laid down that a public writer is not
exceeding
hisdutyin thefearless
exposure
of abuses,
whenhedoes
it in goodfaith,
and without maliciousexaggeration. And yet it causes
us considerablesolicitude "
to find that Sir Matthew Sausseseemedto consider the mere publicationof a
defamatory statement as prim&facieevidence of malicein law,andthat there
wasno "justifying occasion'*for the libel in question. He admitsthat the
defendant enteredinto the controversy " with thehonestpurposeof exposing
to
publicreprobation doctrineswhichhe conscientiously believedto besubversive
of socialmorality"-(surelytherecouldbe noroom for doubtasto thetendency
of the abominable doctrinesof the Mah&raj)~-andthat he did not exceedthe
" licentious comment"as it has been termed,which is allowableupon matters
more immediatelyaffectingpublic interest; but the argumentof the Chief
Justiceappears to be thatthe defendant beforepublishing
thealleged
libel hadnot
madeproperenquiries into the truth of the gravechargeswhichheurgedagainst
theplaintiff,andthat theseonly came- out in evidenceafterwards.Further,that
in singlingout by name,a manwith whomhehadhadnoprevious acquaintance,
andwho hadgivenhim no direct causefor hostility,helaid himselfopento the
chargeof havingipublished a " malicious'*'
libel. We areof course
satisfied
from
Sir Matthew Sausse's
assurancethat this view of the easeis in strict consonance
with law andprecedent;but Sir JosephArnould'sarguments
arethosewhich
154 APPENDIX.
mayhave,
theeffect
of convincing
himthatacreed whichcould develope
sucha
bastard
offspring
asthis,must
in itselfbeintrinsically
false.Leaving thefol-
lowers
of theMah&r&jtowallowin sensuality andtocallit religion,
heandhis
adherents
mayyetbeableto advance a littlefurther
intheironward progress
towards
apurerfaith,andtorecognizethefactthatthetendency
of an idolatrous
worship
is everto degenerate
into something evenmoredegraded.-Sindian,
May 7, 1862.
"willfollowthePuisne
Judge's
abledecision.It is among
these
poorpeople
that the Mahar&jwill exhibitthe five rupees
he owesto Sir MatthewSausse's
legala-cumen,
asaninvaluable
tokenof hisrighteousness,
andhis power
to
triumphovertheenemies of the" Oceanof HasLild^ andasa homage to his
godshipfromthehandof a Christian
judge!
Notwithstanding
thedishearteningaspect
whichthiscaseassumes
in theeyesof
a conscientious
press,which doesvastlymore than is expected
at its hands
towards
thesupport
of thejudiciaryin therepression
of crimes
andabuses,
and
yet sooftengetsspurnedin return for zealwhichits dutybidsit exercise
in the
causeof the common weal,we still cherishthe hopethat there is yet left a
remedyfor the evil wroughtby the ChiefJustice'sdevotion to Msprofession.
Thisremedy
is the attitudewhicheveryenlightened
nativeshouldadoptin
conjunction
with Karsandas
Mulji, towards
the Maharajandhis followers. But
if theyfail to extend
a cordialsupport
to theSatya,
PraMsh
; if theylookon
supinelyat the commission of bestialactsat their verythresholds;then the task
will devolve uponthe Christiancommunity of Bombayto punishthe perpetrators
of thosedeeds andall whomaytoleratethem,by refusingto holdany communion,
beit sociallyor otherwise,with them. Themanof honour,behis creedwhatit
may,should recoilwith loathinganddisgustfromthe contactof beingssovile, so
lost to all sense
of shame, asto countenance the prostitutionof their own wives
and daughtersto debauchedmen veiled under the cloak of sanctity. Then, if
this still fails, if the persistinginfluenceof the governing race fails to root the
dreadfulevil out of their neighbourhood,
it will remainfor the authoritiesto
indict the Maharajasas theydo keepersof houses of ill-fame, and bring the
Maharfrjhimselfto the criminal'sdockas aperjurer; onthispoint at leastthe
Chief Justice is clear and there would be the chanceof obtaining a conviction.
If we do not considerthis asthe beststep to be adoptedevenwhile the caseis yet
freshin the mindsof the people,
it is because
a prosecutionof this description
may investthe Mahar&jwith a semblance of martyrdom, in which eventhis
causewouldpushfreshanddeeper rootsin thebosoms of his deluded anddebased
disciples.Thesealternatives,
andtheseonly,dowe think,will effectually
remove
the nuisance to which Sir M. Saussehas lent the sanction of the law. It remains
to be seenwhether the communityof Bombayare preparedandwilling to embrace
them in vindication of the fail- fame of their city and the causeof morality
at large.-Our Paper,May 9, 1862.
Sometimeagoournewscolumns contained
fromweekto weekthe recordof a
suit in the Supreme Court of Bombayknownas the MaharajLibel Case,in
which the wholesystemof Hindu Idolatry waspracticallyon its trial. The
decisionof the judgeshasnow reachedus,andweproceed to put ourreadersin
possession
of thefactsof a lawsuitmuchmoreremarkable
in its character
and
158 APPENDIX.
wereproved,andaverdictwasaccordingly
givenfor the defendant
on the main
issue. The Chief Justice should not have weakened the moral effect of this
decisionby enteringa verdictfor the plaintiff on threepurelyformalpleas,and
giving hjmfiverupeesof damages.The judgmentof Sir JosephArnouldis a
nobleanddignifiedprotestagainstthat idolatrywhichsapstheveryfoundations
of society,and in favour of that freedomof public opinionthrough the press,by
whichsuchpractices
asthoseof theValkbhach
Aryanscanalonebeexposed.The
judgment should be translated and widely circulated among the natives. "We
only regret the casecould not have been tried under that chapter of the Penal
Codewhich dealswith offencesrelating to religion, The clausesare so vaguely
worded and a recent trial in Calcutta showsthem to- be so dangerous,that a
precedentsuchas the Maharaj's defeat would have beenof inestimablevalue to
the causeof true religiousliberty and morality.
The light let into the hideousrecessesof Yallabhacharyaobscenityby the
evidence in this case far more than confirms all the statements of such scholars as
"Ward and II. H. Wilson. It is a fact that the wealthiest and largest of the
Hindu mercantile communitiesof Central and "WesternIndia worship as a god
a depravedpriest,comparedwith whom the filthiest satyr is an angel,and that
their femalesapply to amorousdalliance with a diseaseddebaucheethe sacred
principle of the love of God and of self-dedicationto his service. Prom such
profanitiesthe readerrecoils appalled. It is no less true that three-fourthsof
the people of Bengal are devoted to the adoration of the Shakti or female
principle, which in manycasesis attendedwith midnight orgies,even to hear of
which pollutesthe imagination. To this has Hinduism come,and lower than this
must it sink. Every centuryas it rolls on steepsthe peopleand their priests in
deeperdefilement,and removesthem from the comparativepurity of thoseVedic
days,to which someyouthful reformersare striving to return, The last bondof
societyis the family : whenthat is corruptedthe endis at hand. It wasso with
ancient heathenism,with the society which Juvenal lashes,and such writers
as Pctronius and Martial depict, If only all the Shaktaand Yaislmavasects
of the Hindus-that is almostthe whole of them-could be draggedto the light
of heavenasthe Yallabliucluiryaushavebeen,whatrevelationswouldnot bemade!
Here we find it establishedin a court of justice that the wives and daughters
of the wealthiestHindus in the Presidencyof Bombay,the Baniansand Bhiittifis,
are at the disposalof a wretch, who as God daily commitscrimes from which
Tiberius would haveshrunk. When lust is deifiedand adulteryadored,not asin
Corinthand Cyprus
by a specialcastebut by the matrons
of a wholecommunity,
and when this is donewith the sanctionof their husbandsandbrothers,there can
be little hopeof a people. It remainsto be seenif anyshameisleft in theYallabh-
6.ch&ryans, if JadunatlvjiMahCir&jwill still pursuehis careerin Bombay,and
fatherswill still permitthe females
of their families
to frequenthistemple.
Hinduismwill neverreformitself. Slowlythe process of mortification
is begin-
ning, Thelight whichourmissionaries, ourschools, ourcourts,ourrailwaysand
160 APPENDIX.
allthatis English
is lettingintothelandmakes
it seem
onlythemorehideous."
A religion"whichmakes proselytismimpossible mustperishof inanition. Caste
maykeepit for a timein a sortof life-in-deathexistence.A newgeneration,
influenced by the secular
instructionimpartedin stateschools and the civilizing
agencies everywhereat work,mayfor a time find peacein sucha compromise
"between truth anderrorasVedantism is,andmayevenshowthe moralcourage of
Karsandas Mulji andDr. BhauDaji, the defendant andprincipalwitnessin this
case. But all compromises aretemporary, all scepticism
failsto give permanent
satisfaction.Yedantism will asinevitablyrisein timeinto the regionof ahigher
faith, asHinduismmustdegenerate till it expiresunderthe weightof suchcor-
ruptionasthiscasehasrevealed.Meanwhilewetrustthis decision will givethe
honestnativereformers of bothBengaland Bombay newcourage to expose the
evils of a superstitionwhich bearssuch fruit, boldly to comeout from among a
peoplewhosoworshipsuchgodsandsoadoresuchpriests,and" to seekthe Lord
if haplytheymightfeelafterhim andfindhim, thoughhebenot far fromevery
oneof MB:'-Friend of India, May 831862.
THE MAHARAJ LIBEL CASE: ITS MORAL.-"We have received a thick octavo
volume of two hundred and thirty-four pages,being a full report of the great
Maharaj Libel caseof Bombayand of the Bhattia conspiracycaseconnectedwith
it. The history of the libel and of the trial of the libeller is the history of a
strongreligiousmovementin the Western Presidency. Conservatives though we
are,we needstill hardlyprotest that we have no sympathywith the demoralizing
superstitionsof our country. The Hinduism of to-day is not the Hinduism of
our forefathersthree thousandyearsago; an avariciousand licentious priesthood
has engraftedon a simplesystemdoctrinesof which we find no tracein the beauti-
ful and spirit-illumining texts of the Yeds,and which by the immorality they
inculcate and the bondageof degradationin which they yokethe people,are pre-
ciselythe very reverseof what the-great teachersof a nation of Hishis,as Max
Miiller calls the Hindus,taught in the golden age of the creation. "Whenwe
advocatethe conservation of Hindu society; whenwe battle for the preservation
of our national individuality, asmarked out by religion, customs,and manners"
whenwe rebukethe irreverentspirit of our youngcountrymen,
and call upon
themto moderate
their novelzealfor go-ahead reform; wedonot intendby any
meaasto perpetuatethe vile courseof error and degradationwhich Brahminical
dominancehas forcedinto existence. "We-areproud to confessthat we yield to
nonein our desirefor true reform; in fact, we considerevery day of the present
epoch
ispushing
usonastepnearertothatgoalwhichis justlytheambitionof every
right-mindedandpatriotic Hindu. English educationis destined,we believe,to
effecta greaterchangein the moral and social constitutionof India than the re-
COMMENTSOP THE INDIAN PRESS. 161
vivalofletters
didinEurope,
andnone
can
rejoice
more
atthisglorious
result
in
prospeotu
thanwedo. Such
movements
astheMaharkj
libelcase
ofBombay
are
greathelpers
of thegreatendin view,andwerejoice
at thetermination
which
hasattended
thisvitallyimportant
moralquestion.Thereport
before
usgivesa
detailed
account
oftheproceedings
ofthetrial,andnone
whohasthepatience
to
readit, whichwebelieve
willnotbewanted
byanythattakesaninterest
in India
orlooks
forward
toitsfuture,
willfail tobestruck
withadeep
impression
ofthe
earnestness
andenergyof the ReformPartyrepresented
in thetrial. " To those
(to quotetheeloquentwordsof SirJoseph Arnould,
oneofthepresiding
Judges)
whoconsider howlittletheHinduis accustomed toindependent
thought andin-
dependent action--how hiswholelife is circumscribed
withinthesphere of the
familyorthecaste-how entirelythewholesocialhappiness
notonly*>fhimself
^utofthose
nearest
anddearest
tohimisblighted
bythatterrible
penalty
ofout-
casting-(equivalentto theexcommunicationof themiddleages)-those whothink
of thesethingswill probably
beof opinionthat nothingbut a strongbeliefin the
truth .of what theyhavestated,anda firm convictionof the dutyof statingit,
couldhaveimpelledthe witnessesfor the defendant
to comeforwardastheyhave
doneon his behalf. For the majority of thesewitnessesarenot studentsor editors
or non-believers; they are grave, reputable, middle-aged,family men, having a
firm belief in the teachings
of their ancientreligion,andprofound
reverence
for
the authority of their ancient scriptures." Tbe circumstancementionedin the
last sentencecarriesa gravermeaningthan thebare wordsimport. It is not stu-
dentsor lads,idle talkers without any stakein society,or dreamyspeculators,
that
have raisedthe cry of Reformat Bombay. Theywere, as Sir JosephArnould ob-
serves,followersand supportersof theVallabhachfcryasect,and they have recanted
their faith after personal observation,enquiry, and sincereconviction. Remem-
bering the tremendousinfluencewhich the Maharajaswield in the WesternPresi-
dency,and the stronghold which religiousbigotry hasover the mindsof the people
evenin the most enlightenedpartsof that region,it wasindeedno homoeopathic
moral courage,to use the words of a contemporary, which he directedagainsta
bandof youthfulreformers
in Calcutta,that ledthe Bombay
Reformers
to under-
take their crusadeagainst their quondamfaith, a faith in which they were origi-
nally broughtup, whichtheyfollowedlike otherdevotees, andwhichwebelieve
manya member of their familiesstill follow. Menof substance,
position,andof
matureyears,theyareprecisely the mento inaugurate a reformmovement, and
we congratulate
Bombayonthe happyconjuncture whichhasattended hermarch
in the path of progressand enlightenment.
It is difficultin thecompassof a newspaper
articleto discuss
satisfactorily
the
meritsof thelibel suit. We can,however,testifythatthedefencecouldnot have
beenplaced
in betterhands thanthoseof Mr.Anstey.Thebarrister
didnotfor
onemoment losesightof the realcharacter
of thecase,-ofthepregnant
issues
whichwereat stake. He battledwith the sameenergy andvigour"withwhich
the advocates
of the LutheranReformation directedtheir thundersagainstthe
11
162 APPENDIX.
Vatican.Thejudges
whotriedthecasewere,astheirjudgments
testify,emi-
nently qualifiedto presideover a tribunal investigatinginto suchmomentous
issues
as the caseinvolved, We cannottoo highlypraisethe rigid impartiality
of SirMatthewSausse
displayed
in hisjudgment.In a country
likeIndia,the
religionof whichis split into differentsectsanddivisions,
andwherethe lawis
administered
bya foreignrace,widelydifferingin religionandcustoms,it is of
thegreatest
importance that thejudgeshouldmaintain theutmost
neutralityin
matters
ofreligion.SirMatthew Sausse hasnotonlypreserved that neutrality,
but hasevengoneso far as to rousea suspicionof a leaning to the other extreme.
If, however,Sir Matthewhasgivencauseto the orthodox partyfor someconfi-
dencein their power,the bold andemphatic wordsof Sir JosephArnouldmust
havechilledthat momentary feeling. The two judgeshavetaken two stand-
pointsof view: Sir MatthewSausse hasmainly confinedhimselfto the legal
question;Sir JosephArnouldhas takenthe loftier view by surveying alsothe
moralaspect of the question."WhileSir Josephjustifiesthe libel onhighmoral
andpublicgrounds, Sir Matthewdoesit onpurelylegalgrounds duly established
by evidence.Takinga broadviewof the two judgments,noman,whetheran
illiberal bigot or a large-mindedreformer,can havecausefor complaint.Law
hasbeenrespected, justicehasbeenupheld,andthe causeof moralityduly con-
served. TheMah&rajcannotsaythat hehas"been yictimizedby partialjudgesj
norcanthe Reformpartycomplainthatenlightened Christian
judgeshavearrested
their goodwork by a discouragingverdict.
Now -to the moral of the trial. It has a doublebearing ; it bearsuponthe
problem of social and moral improvementof India, and also upon freedomof
speechand freedom of opinion. As Sir Joseph Arnould justly observes,this
great libel casehas probably taught some to think; it must have led manyto
enquire,:"it is (asthe learnedjudge adds)not a questionof theologythat has
beenbeforeus, it is a questionof morality. The principle for which the defend-
ant and his witnesseshave been contendingis simply this -that what is morally
"wrongcannot be theologically right-that when practiceswhich sap the very
foundationsof morality, which involve a violation of the eternal and immutable
laws of right-are establishedin the name and under the sanctionof religion,
they ought, for the commonwelfare of society,and in the interest of humanity
itself, to bepublicly denouncedand exposed. They have denounced,they have
exposedthem. At a risk and to a cost which we cannotadequatelymeasure,
thesemen have done determinedbattle against a foul and powerful delusion.
Theyhave daredto look custom and error boldly in the face,and proclaimbefore
the world of their votaries that their evil is not good,that their lie is not the
truth. In thus doing they have done bravely and well. It may be allowableto
expressa hopethat what they havedonewill not havebeenin vain-that the seed
they have sownwill bearits fruit-that their courageand consistencywill be re-
warded by steady increasein the numberof thosewhom their words and their
exampleshave quickenedinto thought and animatedto resistance,whosehomos
COMMENTS
OF THE INDIAN PRESS, 163
have
helped
tocleanse
from
loathsome
lewdness,
and
whose
souls
they
have
eefroma debasing1
bondage."
(^above
arewords
ofhighimport,
andcoupled
withwhat
thelearned
judge
aidregarding
thedefendant's
position,
hisconsequent
interest
andduty,
havea most
impressive
significance.
Asapublic
journalist
wequote
with
ireandpridethefollowing
wordsofthelearned
judge.-
LSaVallabhacharyanaddressing
hisco-sectaries,
asaBanian
addressing
his
follows-aboveallasa journalist
addressing
hisreaders,
composed
princi-
offollowers
oftheMaharaj, hadthedefendant
nointerest,
hadhenoduty
louncing themalpractices whichit is theprincipal
object
of thisalleged
ioexpose ? It appears to methathehadbothaninterestanda duty.
. publicjournalistis a publicteacher;
thetruefunction
of the.press,
that
:tueof whichit hasrightlygrownto be oneof thegreatpowers ofthe
:nworld-isthefunction of teaching,
elevating
andenlightening
those who
ithin therangeof its influence.
'o expose anddenounce evil and barbarous
practices;to attackusages and
ns inconsistentwith moralpurityandsocialprogress, is oneof its highest,
>stimperative duties. Whenthoseevils anderrorsareconsecrated by time,
1roundby custom,countenanced and supportedby the highestandmost
ntial classin society,whentheyarewhollybeyondthe controland sup-
onof anyothertribunal,then it is the functionandthedutyof thepress
euvene;honestlyendeavouring by all the powersof argument,denunciation
idicule,to changeand purify the public opinionwhich is the real basison
'.theseevilsare built andthe real powerby which they are perpetuated."
i feel anunqualifiedsatisfactionto seea member of the Native Pressafford
i notableillustration of the noble definitionof the dutiesandresponsibilities
Press,sonobly expressed by Sir JosephArnould.- Hindu Patriot, June 9,
sufficient
to excitethe disgustandthe horrorof anymanwho is not absolutely
devoidof everyvirtuousemotion;and weshouldalmostconclude
that Hindu society
wasincapable of amelioration,if afterthe exposure
of suchappallingimmorality,
theVallabhach&ryans continued to respectthe MaMr&jasbefore. Ourobjectin
thisarticleis entirelydifferent.Wewishto commend to the youthof Bengal,the
spirit whichanimates that classof the educatedpeopleof Bombay, who have
deservedly wonthe proudappellation of " Reformers."It wouldbesuperfluous
to remarkthatYoungBengalis a betterEnglishscholarthan YoungBombay;
but it seems thatthelatteris a truerpatriotanda moreearnest reformerthanthe
former. A Bengalipatriot,in the ordinaryacceptance of the term, is onewho
dabblesin politics, makeslongwinded speechesin florid language on liberty,
equalityawdfraternity,writescausticlettersagainstthe non-official
Anglo-Indian
community,hateseverythingAnglo-Saxonexceptpantaloonsandiced champagne,
anddefends
everything
Hindu,good,bad,or indifferent. He seesnoevil in the
pernicioussocial,moral, and religious institutions of 'his country, and has there-
forenowishto reformthem. In Bombay it is different. Thereis not thereso
muchof patrioticdeclamation,
of finewriting, andof emptytalk. But thereis
moreof substantial
workdonethere. YoungBombay is by no means
a stranger
to politics, yet he bestowsa largeshareof his attention on the discussingof ques-
tionspertaining to socialreform and moral improvement. He loveshis country
asmuch asYoung Bengal,but he doesnot blindly admire everythingbelongingto
Mscountry. He boldlydeclaims
againstthe vicesof his countrymen, andis of
opinionthatthe manwhoadmires
everysocialor moralinstitutionof thelandof
his birth, howeverperniciousin its tendency,is an enemyto his race and a traitor
to bis country. In Bengal,vernaculareditorshave beenprosecuted,but only for
libelling or indulging in filthy abuse. In Bombaythey are prosecutedfor declaim-
ing againstthe profligacy
of their countrymen.All honourto Mr. Karsand&s
Mulji for so boldly, so patriotically exposingthe enormitiesof a most licentious
priesthood. In Bengal,they screenthe faultsof their countrymen; andthe man
who hasthe boldnessto lay thembare, is regardedas an enemyis diguise. "We
put it to our countrymenwhether sucha method of procedurewill everresult in
national reformation. Let them be persuadedof the truth that he is a traitor to
liis countrymenwho flatters their prejudices,and thereby confirmsthem in their
errorsand their evil practices.
To the BombayReformerswe will just say oneword. You havedonewell in
exposinga vile practice; but rememberthat the practice is essentiallyconnected
with the system
of religionwhichis yetdominantin the land. Lay the axeat
the root of that systemitself; uproot it, and plant in its steadthe tree of true
religion. And then, but not till then, will you witness the dawning of.your
country'sregeneration.-Indian Reformer^Juw 6, 1862.
COMMENTS OF THE INDIAN PRESS.
TheMaharaj
LibelCase,
theproceedings
ofwhichhave
occupied
for sometimepast
thecolumns
oftheIndian
journals,
hasbeen
finallydecided.
Seldom
wasa trial
conducted
amidanunusually
excited
publicwith morecalmness
and dignity and
manly
respect
forthecause
of truthandhumanity.
Never
did both,judgeand
counsel
discharge
theirhighduties
morecreditably
andhonourably.Nor canthe
importanceof thedecisionarrivedat, considered
in its socialand moral bearings,
beover-rated.Thisgreattrial maywell bestyledthe Trial of Superstition versus
theNineteenth
Century
; andthetriumphofthelatterovertheformeris beyond
doubtamatterfor congratulation to all who are interestedin the -progressof
truth, andespecially to the enlightenedcommunity of India. Honour, all honour
to Karsancl&s Mulji, Editor of the SatyaPrakdsh, who somanfully and in bold
defiance of thepenalties of excommunication,disclosedthe immoral doctrinesand
practicesof the Yallabhach&rya sect,and to the worthy Judge, Sir Joseph
Amould,whosevigorousdenunciations againstidolatry constitute a lasting
monument of the harmonyof law and religion. Thanksto English court and
Englishlaw,the awfulsorewhichhadbeenfor a long timeeating into the vitals
of nativesocietyhas at last beenprobedto the depth,that the horrors of tho
exposuremight procreatea desireto forthwith find out a restorative and root out
the malady, Is thereaheartthat doesnot recoilfrom the repulsive disclosures
madeby thetrial of the frightful extentof corruptionto which Hinduism has
driventhesoulsof thousands of God'schildren? "Whobeholdingthesepernicious
corruptions will not instantaneously ejaculate:-"Oh! for the day when
Hinduism shall "beno more !" Is it not astoundingthat in one of our most
enlightenedPresidencies,in the teeth of somany civilizing agencies, such flagrant
profligaciesshould have beenperpetratedwith impunity by crafty and immoral
hierophants, and the wives and daughters of respectablefamilies allowed to
frequenttheir temples
to learnadulteryinthenameof sacred
religion, making lust
and sensuality a virtue and a passportto heaven!! Assuredly the most callous
heart will beinflamedwith righteous indignation againstsuch profanities. For
the good of India and humanity however,the den of Vallabhaeh&ryan wicked-
ness has been penetratedby the keen-eyeof the law, and tlie depraved culprit
has been dragged out of it, and visited with condign punishment. "Who
can say that there are not abominationsyet more hideous than these lurking
in somesecretcornersof Hinduism not yet exposed; yea, which years to come
will not be able to expose-abominationswhich, if revealed, would shake tho
stoutestheartthat lookshopefullyto India'sfuture. Let our educatedcountry-
men riseas one man and demolishthe stupendousedifice of Hinduism, and save
millions of their fellow countrymenfrom the horrors of idolatry. A constant
struggleandanheroicwarfare-notby means
of penor lips-not a wordy warfare
of argumentsand emptysounds-but an earnestmoral struggle. We can assure
166 APPENDIX.
themthattheirhighest conceptionsofHinduism's
horrors
mil fallfarshortof the
reality,andthathalf measureswill neveravailto exterminatethem. If our
educated countrymen will not allowthemselvesto bearousedby suchhorrid
exhibitions
1 alasfor themillionsof ourdaughters,
andwivesandmothers
andthe
poorpeasantry
groaning
under
theoppressionsof relentless
andinfatuated
priests.
Werequire
not arguments,
but a heartto feel,to bemoved
to immediate
action,
andwe entreatyoungIndia with all the earnestnesswecancommand to rise in-a
crusadeagainsttheevilsof idolatry-that nationalcurseof ourcountry. It is a
pleasureto observethe attemptsthat aremakinghereandthereto gain this
object;but we want a broaderassociation anda moreextended community of
feelingsand co-operation
of handsto ensuresuccess.-Indian Mirror, May 15,
1862.
theMaharaj
and thearch-offender,
instituted
anaction
forlibelagainst
Karsandas
Mulji. Heavailed
himself
of therulingof SirMordanntWells
in theNil
Durpan case,
andcomplained
thattheleader
in theSatija
Prakdsh
libelled
the
whole sect
oftheVallabh&chtiTyans
asheretical
andimmoral.
Buttheplea
ofjus-
tification
set
upbythedefendant
wasfullysupported
bytheevidence
notonlyfor
thedefencebutfortheprosecution.
TheCJields
ordisciples
oftheMaharaj
were
obliged
totestify
tohisadulterous
practices
withfemale
devotees,
under
thefireof
cross-examination.Thirty-onewitnesses
wereexamined
forhim,andthirty-three
fortlieEditor;butthepreponderance
oftheevidence
wasinfavourofthelatter;the
&overend Dr."Wilson, Dr.Bha-u Daji,andseveral
otherdistinguished
menbore
their weighty
testimony to theinfamouscharacter
andconduct oftheMaharaj
andMs co-religionists. «
The judgmentwasvirtuallyin favourof the plaintiff,anda verdictonthe first
plea with nominaldamages
wasrecorded for the Maharaj. Thefollowingwords
of Sir JosephArnouldareveryimpressive and encouraging to all Hindu re-
formers:-"The principlefor whichthe defendant andhis witnesses havebeen
contending is simply this-what is morallywrongcannotbe theologicallyright-
that when practiceswhich sapthe very foundationsof morality,which involve a
violation of the eternal and immutablelaws of Eight,-are established in the
name and under the sanctionof Religion,they oughtfor the commonwelfare of
society,andin theinterest
of humanity
itself,to bepubliclydenounced
andexposed.
They have denounced-theyhave exposedthem. At a risk and at a costwhich
we cannotadequatelymeasure,these men-have donedeterminedbattle againsta
foul andpowerfuldelusion.Theyhavedaredto look customamierrorin the
face,andproclaimed
beforethe worldof theirvotaries
thattheir evil is not good
-that their lie is not the truth. In thus doing-they havedonebravelyand well.
It maybeallowableto express a hopethat whattheyhavedonewill not have
beenin vain-that the1seed
theyhavesownwill bearits fruit-that their courage
and constancywill berewarded
by asteady
increasein thenumber of thosewhom
their wordsandtheir examples-
havequickenedintothought,andanimated to re-
sistance,
whosehomestheyhavehelpedto cleanse fromloathsome lewdness, and
whosesoulstheyhavesetfreefrom-a debasing bondage."-Indian Field,May
10, 1862.
XVL-The Phoenix.
THEBOMBAY
MAHABJU
LIBELCASE.-Thiscase
hasformedaprolificsubject
of commentfor almosteveryjournal
in thecountry,
anda printedcircular
onour
tableinforms
usthatit is intended
to republish
in bookformallthatthejournals
havesaidthereon. "Wehavefurtherwithin the last dayor tworeceived
from
Bombay,
thereport
of thetrial,whichin small
print,andlargeoctavo
form,
makesa stoutbookof 284pages.Therecanbelittlequestion
thatthisremark-
ablecaseis destined
to exercise
a powerful
infiuence
forgood
ontheHindupopu-
lationof theWestern
Presidency,
It haslet in afloodoflightona terrible
168 . APPENDIX.
system
of the mostcorruptingimmoralityhithertov-aniAoii, andconcealed
from
theknowledge
of thegeneral
public,undertheclonkof i-clj^ion.Thehistory
of
the casedatesfromthe 21stOctober,
the day 011-which"i"A(l|v%Ufcor
of a Gujarati
newspaper
calledtheSatyd
FraJcash,
orLightof Truth,published
anarticle
in which he chargedthe Maharajasor high prii^',?;of tCfcVallabhucharya
sect with inculcatingimmoraldoctrines,andunder the lire!onceof religion,
- practisingadulterywith the femaleswho visited the temple as devotees.
Jadun&tbji,a Bombayhigh priest, was especiallychargedwith theseevil
practices,
and in consequencebroughta civil actionagainstthe Editor of the
Light of Truth, Karsandas Mulji, who has sincepublishedthe trial, and
now proposesto publish the commentsthereon. Neither KarsandasMulji nor
his journa^were,however,
the first to makeopenassaultonthe badpractices
of
the Mahar&j&s.Otherjournalsof the nativepresshadfor sometimepreviously
warned againstthem,andthoughthe denunciations seemed to be productive
of
little immediate effect, they so frightened Jadunathji that he camein personto
Bombay from Beyt, the site of the Chief Temple of the Tribe, to take legal
measuresto. put a stop to the attackson his order. He evidently dependedon
wealth and influenceprocuringa judgment in his favour, and countedon deterring
any Bhatti&sfrom giving evidenceagainst him. He was egregiouslymistaken,
for the result of his going to law has been the exposureto the world of vile
practiceshitherto only suspected by the great body of the Hindus themselves. It
was establishedat the trial that the wives and daughtersof the highestof the
Bhattia casteused to frequent the temple to prostitute themselvesto the high
priest, and seemedto considerthat in so doing they were doing what wouldpro-
cure them favour with the Deity. The details of .the caseare of too grossa
characterto bearmorethan allusionto them. They all tell of a debased,diseased,
debaucheepriest dishonoringthe wives and daughtersof his flock, and teaching
as a sacredtenetthat it was the desireof God he shoulddo so! Worse still,
the presentsmadeby the womenthus dishonoredappear to have formeda chief
sourceof the revenueof the temple. Thesedaughters of Yallabhacharyapiously
robbedtheir husbandsand fathersthat they might dishonor them in the name
of God! The trial createda very great sensationin Bombay. Every art of
inducementand intimidation was resorted to in order to prevent partiesfrom
giving evidence. Those effortsmost signally failed, for bold estimablemen,who
set prejudice and caste at defiance,prosecutedwith a will, and in the future
history of Indian civilization the namesof those men will rank asreformersof
the highesttype. Somemiserablefollowersof the depraved
priestessayed
to
disprovewhat thesegentlemenhad established,and drew downon themselves in
opencourt the reprobationdue to perjury.
Looking over the report of the casewe find that almostall the witnesses
who
spoke in. justification of the articles in the Satya PraMsh were "educated
natives,"that is nativeswho had imbibedthe knowledgeand undergone
the
trainingof the Englisn.schoolsandcolleges,
someof thembeingMedicalPrac-
COMMENTS OF THE IK"))IAK PRESS. 169
titionerswhohadgraduated
at the GrantMedicalCollege.Whoafterthiswill
saythatEnglishschools
andcollegesare doingno goodin the country,doing
nothing towardsthe growth of a purer morality ? Had those menbeenof the
old school,taught hut the false learning of the Brahmins, it is not too much to
saythey wouldneverhaveheenwitnesses againstthe MaharSij. Theythemselves
fully appreciate
the advantages
of knowledgeand education
for their country-
men,for it. appearsin the evidencethat could the Mah&r&j Jadunathji but
have heen induced to forego his secret opposition to religious educational
reforms,and to sincerely exert his influence in their furtherance he would
not have heendenounced."We are not competentto estimatethe goodeffect
this casewill have on native society in Bomhay. That effect cannot,'
however, be other than most beneficial. The prosecutorcould^not brook
exposureandassaultin the columnsof the native journals, and madea desperate
effort to beat them down, by ruining by money damagesthe publishers and
writers. Evidentlyalive to the power of the presshe soughtto muzzle it. The
resulthas beenthat insteadof mention in the native journals of Bombayhis ill
practicesare now bruited throughout the whole country by every European
journalandby manyof thenativejournals,to boot. Thatthis will be effectless
noneneedfear. . If it were likely to be so the Mah&r&j and bis friend would
neverhave exertedthemselves to extinguishtheir vernaculartormentors. They
dreadedthepowerof publicity, and would risk all to prevent that power being
broughtto bearon their owninfamous
doings. Theyfailed,wereexposed,
and
the result of that exposurewill every day becomemore and more beneficially
apparent. It has beenurged by someof our Bombay contemporariesthat the
local Government should take action on the case,and erase from th.e list of
Justicesof the Peaceand from Governmentemploy,the namesof thosewho put
themselves forward prominently as supportersof the Mah&riij. "We think this
would be a most mistakencourse. Governmentmay interfere with individuals
for their actions,but not for their opinions. If it can be shown that a native
Justiceof the Peacedeliberatelypermitsthe prostitution, to a priest, of the wives
anddaughtersof his household,let his namebe struck off forthwith as unworthy
to remainon the roll. But that he is a follower of the Mah&j&j,or a Yallabb.-
acharyanof the old school,is no sufficient reason why he should be considered
ineligibleformunicipaldistinctions
by Government.Mahomedanism
recognises
conversionby the sword,but so long as a Mahomedandoesnot attempt to carry
the doctrineinto practice,heis consideredas eligible for public distinctionsas the
members of anyother sect. Thereneedbeno fear that the Mahar&jcasewill be
otherwisethan productiveof a full crop of the most beneficialconsequences. -
Phoenix,June3, 1862.
XVIL- The Delhi Gazette.
notseektoconceal therealnature
andobjects
oftheirsensual philosophy.Ask
themto produce authority
fromtheYeds fortheirceremonies andfestivals,
the
orgies
andindecenciesoftheEoliforinstance,
andtheywill,if theythinkatall
about
it, lookonit asanimplieddesecration
totheirholybooks, tosupposethere
is anything
in themtosanction
suchritesat all. Anyonewhohadstudied
these
books
andhadopportunities
of learning
theviewsof Hindus withregard
to
them,
would
have
expected
assoon tohaveseenachiefjustice
announcing
that
theearthwentroundthesunasanewthing,that people in general
wereunac-
quaintedwith,asgravelydevoting
timeandlabourto elucidating
thefactthat
theHinduism of thepresent
day,wasnottheBrahminical
philosophy
oftheTeds.
Whatwewantto findoutis,in whatpointsdotheYallabhacharyasectdiffer
fromtheHindusin thisor thegreaterpart(perhapsthewhole)of.Indiawho
"haveselected
thegodKrishnaas anespecial
object
orworship.TheHinduism
of theWestern Presidency
maybepure,andlesscorruptedbywhat^e maycaH
jpuranismthan that of the Hindusof Oude,and theUpperProvinces
of India,
fromwhence
our Hindusepoys
weremostlyenlisted';
but certainly
nojudicial
officerin this part of theworld,whohadthe leastpracticalacquaintance with
Hinduismas it is,wouldhaveeverthoughtit necessary to announce that the
Hinduismof the present centurywasnotthe religionof theYeds.
Onepeculiaritywe observe in theYallabhacharya sect,andthatis the extra-
ordinaryreverence, amounting indeedto worship,paid to their priests,or high
priests,or Maharajasas they call them. To themthey appearto pay divine
honour,to them theymakethe offering of to, man,and dhan,or body,mind, and
property requiredby the tenetsof the Brahminicalfaith to bemadeto the Deity.
Great asis the respectpaid to priests,and Brahmins in general,in this and other
parts of India, and to certainones in particular, we never heardof a sect before
in which the divine characterand the claim to divine worshipwereso openly and
unblushingly assumedas by the Maharajas. Most undoubtedly,however, the
storiestold of the Maharajas,
out of whichthisfamousactionarose, areby no
meanswithout their parallelin otherpartsof India andamong otherHindus.
Theyareof anaturethatwecannotalludeto themspecifically in apublicjournal
like this. Any onewhoseknowledge of the subjectevenis confinedto reading
"Ward's Hindus" mustbe quite familiar with, theseviews.
The editorof a native(Gujarati)paperin Bombay, to whose
honourhis fellow
countrymen oughtto erecta statueaslargeasGovernment House, publishedan
article in whichhe denounced the practiceand systemof religionas carried
on in this sect. He denounced the practiceof the Maharajasreceivingthe
worshipin a materialand sensualform, in their own persons, intended
accordingto the purereligionof the Hindusto be paidto thegods,and
that only of course
in a spiritualsense. He accused the Maharajasof
themostdisgraceful and immoralacts,of publicindecenciesand breaches
of the la\vsof the land,too obscene
anddisgusting
to be enumerated
here-
our reader's
imagination
will easilysupplythe filthy details,
especially
if
theyarefamiliar
withthewords
ofholywrit,andrecollect
thattheheartof
manis " desperately
wicked"andcallto mindthepainfulpicturedelivered
hy
theApostlePaulof thestateto whichin hisdayshumannaturehadbeen
of animpurereligionamongmen," who changedthe.
brought,hy theinfluence
gloryof theuncorruptible
Godintoan image
madeliketo corruptible
manand
to birdsandfourfooted
beasts
andcreeping things,for whichGodalsogavethem
upto uncleannessthrough
thelustsof their ownhearts."
TheMahar&j chiefly
aimedat it in thisarticle(ahighpriest
whohadpublished
writings
ina sectarian
controversyjustifyingthese immoraldoctrines),
replied
by
an action for libel; the defendantpleadedjustification,and hencethe exposure,
andthe defeatof the MaharCij'sparty. For the defendant therewerethirty-
threewitnesses
examined,for theplaintiff thirty-four. Theformergavepositive,
the latternegative
evidence.The disclosures madeby this evidence,
aswe had
saidbefore,wecannotdetail-our readerswill readilyunderstandits naturewhen
we tell themthe result of the trial, that the libel was considered
to be justified.
Sir MatthewSausse(forbothjudgesdeliveredjudgment, as,thoughtheyagred
in themainpointstheydifferedon a minoronethat did not materiallyaffectthe
vital questionin the case),consideredthat "the essentialpoints in the libel, as
the record stands,havebeensufficientlycoveredby the proofsadducedin support
of the plea, that there must be a verdict for defendanton that issue." Sir J".
Arnould said," On my mind the evidenceleaves not a shadowof doubt: the
chargesmadeare,in my opinion,fully substantiated."
Thereasonwhy we think this trial so important is that it must surely strike
forcibly everyeducated Hindu in the countrywho readsit. Indeedwe cannotbut
think that it will lay the foundationof a reformationanalogousto that in which
the great Luther took a lead after the exposuresof the practicesand moralsof
the priesthoodin the sixteenthcentury. Accordinglywe learnfrom the Bombay
papersthat so greathasbeenthe revulsionof feeling amongtheir fellow-country-
men in Bombaythat the Maharajashave beenforced to leavethe place.-Delhi
Gazette,May 22, 1862.
occupythe Bombay
SupremeCourt forever.Afterdraggingitsslowlength
alongforauunusual
duration,
it hascometoa standwiththedecision
ofthe
Bench,andwecannowsafely moralizeuponit.
In WesternIndia thereis a largesectof HinduscalledYallabhacMryans,
fromVallabh,their founder.The BaniS. and Bhattia,castescompose the laity
of the sect,andthe Maharajas the clergy. Both in doctrinesandin practices,
YallabhachiLryansappearto us to he worsethan theverydregsof themodern
Yaishnavas.Hadthe factsnotbeenproved in a courtof justice,thepracticesof
the Yallabh&chiiryans
wouldhavebeenincredible to ourreaders.TheYallabha-
ch&ryalaity allowtheir priesthood
to take,and'the latterarenot slowto take,
liberties with the former'sfemales,which we had thought hardly possible. But
we will nt)t anticipate.Mr. Karsandas Mulji, the editorof a Gujaratipaperin
Bombay,the SatyaPraledsh> orthe "Light of Truth," andthe defendant in the
presentaction,asa Yallabhacharyan of theBaniacaste,couldnot but be aware
of practiceswhichweretoo notorious.Theprogress of intelligence
hadopened
his eyesasthoseof otheryoungYallabhacharyans to their enormity.But heand
his friends did not content themselveswith merely"seeingandperceiving- they
tried to removethe evil. They promotedthe educationof girls that thesemight
learn the sin of their parents'ways. Theytried to introducethe re-marriageof
widows,that thesemay not have an irresistibletemptationto buy-it is literally
boughtasthe readerwill seeby andbye-at the handsof the Mah&r&jtis
satis-
faction of their animal desires. They exhortedthe Mah&r&j&spersonally to
mend their conduct. The plaintiff, Jaduntithji Mah&r&j, came to Bombay in
1860,and thought fit to ingratiatehimselfwith the reformatoryparty by the most
liberal assurances.He even went the length of founding a girls' school, and
appeared
to be earnest
in the causeof widow-marriage.
Sometime after his
ardour cooled,and his next appearance in public must havesurprisedthe young
reformers. He set on foot a periodical called the " Propagator of our own
Keligion/' for the purposeof, we believe,neutralizingthe effectof the attacks
upon YallabMch&ryanismso oftenmadeby the reformersin the papers. In this
periodicalhe openly invited criticism. The reformerswere not backward in
respondingto the call. Meanwhilethe defendantwashorrified to discoverthat
the immoral practicesof the Mahar&jtiswere sanctionedby the sacredauthorities
of the Yallabh&cMryans.
At the sametimehewasinformedongoodauthority
that the plaintiff wasas immoralashis class. On the 21st Octoberin 1860the
defendant
published
an articlein theSatyaFrakdsJi,
in whichhetried to prove
that the YallabhachAryansare a new sect heretical in respect of the ancient
Hindu religion,andwhosesacred booksinculcatethe grossest
immorality,and
roundlycharged theMaMrajasas a body,andtheplaintiffasoneof them,with
-immoralpracticesin the nameof religion. At this the plaintiff broughtthe
actionfor libel. In regardto the second
pleaof the defendant,
justification,
both
thejudges
agreedintheirverdict
inhisfavour."We, along,
wearehappy to say,
withtheentire
press
of Bombay,regretthatonthetechnical
pleaof " notguilty,"
COMMENTS OF THE INDIAN PRESS. 175
theChiefJusticeprevailed
against
his Puisnein recording
a verdictfor the
plaintiff for Us.5 damages.We regretbecause, as wasto havebeenexpected,
tho plaintiff^ party,aswe learnfromthe BombayTimcsjtried to takeadvantage
of it by announcing that he had gainedthe victory, explainingthe nominal
natureof the damages by suggesting
thatthejudgestookpityuponthedefendant's
poverty, and that the award was made in referenceto his condition. But
fortunately tho bazaar was too shrewd to swallow sucha transparentfalsehood,
and nil classesof the natives have understoodthe decision properly. Those of
tho plaintiffs friends who had preparedsweetmeatsto distribute assoonasthe
decisionin bin favour, uponwhich they countedas certain,shouldbe given, were
too crest-fallento assumethe airsof a fictitious triumph.-Samdchdr Hindustani,
Luotoww,May 17, 18C2.
XX.-27w CeylonTimes.
Wo recentlyreceived
from Bombaya copyof tho proceedings
in thelibel case
tried in the SupremeCourt of that city, in which Jadunathji Bmrattanji, Mali&raj
or high priest of the sectsof Bhu.ttii.is,Banians,Br&hmins,wasthe plaintiff, and
tho proprietorand publisherof a Gujarati newspaperat Bombaycalled the Satya
PraJMi were the defendants. The libel complainedof wasto the effectthat the
Maharajasof thosescotsinculcateddoctrinesopposedto the Shustrasof the Hindus,
and that this JadunWhji in particular was,under the cloak of religion, guilty of
tho grossest
immoralities
with thofemales
of his sect.
In the plea of justification as filed by tho defendants,it is declaredthat tho
loaders of thesaidsectassortthat theyaretho incarnationsof thegodsBrahma
and Krishna,andare themselves gods,and arc and oughtto be worshipped,
implicityobeyed, andserved asgodsby themembers of the saidsect,with all the
minds,bodies,andproperties of suchsectaries,
andthat tho neglectof anysuch
to performthe saidworship,
implicit obedience
andservice,is a sin of tho gravest
character,andthat it is the duty of the femalemembersin particular of the sect
to love the Raidleaderswith unhallowedlove, and to performworship in implicit
obedienceand servicewith their bodieswhensoever calleduponor requiredby any
of tho said leadersso to do; albeitsuchfemalemembersare, or maybe,unmarried
maidens,or wivesof other men,and in no wisemarried or betrothedin marriage
to the saidleaders. Tho pica goesonto allegethat adulteryandfornication aro
by tho religiousbooksof the sectencouraged and commended, andthatthe surest
wayof procuringeternalhappiness is by acquiescence
in suchpractices.Horribly
disgusting asthesestatements maysound in ourears,theyarcmild enoughcom-
paredwith the awfuldisclosures madein opencourtandreported in the volume
before us.
Wo havenodesireto do morethan recordourutter detestation
of suchprac-
ticesanthose which, under the pretenceof religion of anykind, appearto have
prevailed
in andaboutBombay.With sucha codeof religious
morality,
the
176 APPENDIX.
.-People's Friend.
Thelibelcasebroughtforwardin the SupremeCourtof Bombayby Maharaj
Brizrattanji,
oneof the gurusof theVallabMcharya
sect,againstthe editorof
the SatyaFrdkashnewspaper, hasat last beendecidedin favour of the defendant
with costs. The casependedin the aboveCourt for severalmonthsand excited
great interest amongthe native community. Its particulars are these:-The
defendant,who seemsto be a memberof the SoodharLele or reforming party
of the natives,and edits the Satya Prdkash,a G-ujar&tinewspaper,disclosedin
one of his articles the indecentand immoral practicesof the Vallabh&charyan
gurus,and accused the plaintiff (oneof thosegurus)of adulterous conducttowards
his femaledisciples. The plaintiff instituted this law suit against him, and the
defendant
pleaded
that whathe hadstatedin the articlewas correct. Many
rich and influentialbankersand merchantsgave their evidencein favour of one
sideor the other, andthe Judgescameto the conclusionthat the abusesbrought
to light weresuchasdeserveda public denouncement.On the technicalplea of
not guilty they awarded
Us.5 as damages
to the plaintiff, but acquittedthe
defendantof the higher chargeof defamationand libel, and awardedto him costs
of thedefence.Theplaintiffis saidtobeintending
to appeal
to thePrivyCouncil.
Wetrust that onreading thiscase, theVam-margis, whonotoriouslysurpass
the
Vallabhach£tryan
priestsin their immoralities,
will feelashamedof themselves,
andmind their religion'scharter,andthat manymoreHindu reformerswill be en-
couraged
to denounce publiclythe defects
whichtheymayobservein the manners,
customs,
andritesof theircountrymen.-People's
Friend,jfitawah,May23,1862.
COMMENTSOF THE BOMBAY VERNACULAR PRESS. 177
thosereligionsinstructions,
that therebyyou maygaingloryin thisworld,
£oo<l
placein another
world. Otherwise,-if
youcontinue
to conduct
your-
is youdo at present,nothingbut repentance
andsorrow,shallyouhaveat
Beassuredof this.-Gth June, 1858.
VII.-The
"
IX -The Dost-e HMa.
OhGod!howmuch iniquity
happens
onthisearth!Severalreligious
guides
(whoareknownhythename of Maharajas),
underthenameofreligion,
and
under
thepretence
ofreligion,
plunder
theestates
andproperties
ofsimplepeople,
(and)
hycommitting
adultery
withtheirsisters,
daughters,
andwives,pollute
theiimodesty.
Oh God!is therenooneonthisearthto punishthese religious
preceptors!Howmuch guilt,howmuchimmorality,thatthepropertiesof men
shouldbeplundered
in thebroadlight of day! Notonlyproperty
is plundered,
but thechastity
of people's wivesis robbed,and adulterycommitted with
themin a mannerasto makeit known to all. Oh I other criminals are punished
inthisworld,
buthowdothese
religious
impostors
escape
punishment
1 OhGod!
how this iniquity canlast in Thy reign!"-20*A Januaryy1861.
XI.-The Pahrejagdr.
XIII.-The KJiojdDosta.
Mostof thesimple
andignorant
female
devotees
areentrapped
into thisreli-
gious
snare,
and,
giving
money
totheMaharajas,
practise
adultery
withthem.
Butthese
immoral
creatures,
theMaharajas,
arenotcontent
withthis,andthey
many
atimeuse
violence
onthetender
body
of themaidens
(oftheirdevotees),
theinstances
ofwhich
are
notuncommon.
Sucharethese
Mahar§jas-the
pre-
tended
preceptors
ofreligion-and
theiracts.-25*7*
Augmt,
1861.
COMMENDSOP THE BOMBAY VERNACULAR PRESS. 1S1
AN ANECDOTE.-Some oldgentlemen,assembling
in oneplace,werediscussing*
«Kto who in happyin Bombay;whenoneof them decided that in Mumbassur
(i.e.,the townof Bombay)
there aretwohappybeings:one,theMaha.rujof the
Bumfw,and the other,tin; (stallion)ImlMoe of BauappCi the milkman.-
l-itfi toytanfor, 1855.
XVII.-37«? ParVkodaya.
Not only are their bodiesand wealth dedicatedto tho serviceof these Mali&-
rfijan, but thoir duughtern,HiHtern,
and wives, with their persons,are dedicatedto
tluwe(IchmichcrouBreligiounpreiuiptors.We feelmuchpainandshameat seeing
tins. That th(»rearc mc\\ blind religiousguides(the calvesof kiue) amongst
mankindI'Ma disgrace.The authorityof the Maharajas is exercised
overtheir
followerswithout any restraint.-Awjust, 1859.
XVIII.-The Dnydnodaya.
the dirty water droppingfrom their dhotaraand body with suchfeelingsas if this
water were from a holy place The femalesof the Gujarati
(people)showpietytowardstheir gurusevenmuchmore; it is an injunctionof
the S'astrasto selecta guru^and to consignto him thesethree objects-tan, man,
anddhan(body,mind,andwealth). Thatis to say(thefemales) makeoverthen-
body(in aliteral sense) In fact,the guruof the Gujarati(people)
is their God.
-1st March, 1845.
XIX.-The Sdmddd.
We hadoftenheardof thewickedconduct
of thesereligious
guides-theMaha-
rajas ; but several of the narrativeswere such that we could not believe them.
That theywho pretendto bereligiouspreceptors
shouldentertainevil thoughts
and do wicked thingswasto us incredible;but nowwe are compelledto
believe.--October,1858.
XX.-The Guru and TFomm.
XXII.-Z5te Whippings(CMbakd).
I havesoonthotlomtof theMaharajas. Now,lady!noneof youshould go
intotinsMuhfirfijaH*
temple.Invitinga girl of tenderago,theygivethesacred
KWM'tmeulK,
and,roprcH«nting
tho story of tho Kahu Gopis,makea wanton
iwswilt.If theyBOO
wealththoyinvitewith affection,
otherwise
theyheednot;
robingthewealthandbloom of youthful
beauty! Seethohonestyof religious
nwlructoro 1-1860.