(De)Hinduization in 19th-Century Nepal: A Case Study of the Mulukī Ain of 1854982

Abstract

This paper examines the processes of (de)Hinduization in 19th-century Nepal, focusing on the Mulukī Ain (MA) of 1854. As Nepal’s first codified legal code, the MA embodies the tension between enforcing Hindu Brahmanical principles—such as caste hierarchy, the prohibition of cow slaughter, and purity laws—while, on the other hand, introducing reforms that limit the king’s traditional authority and offer social flexibility. The MA allowed for occupational freedom and abolished practices like investigation by ordeal, reflecting a legal framework that both adhered to and diverged from classical Hindu norms. Building on the theoretical work of Louis Dumont and M. N. Srinivas, particularly on caste hierarchy and Sanskritization, this paper situates the MA within broader discussions of Hinduization and Brahmanization. Srinivas’s theory of Sanskritization highlights how lower-status groups adopt higher-caste practices to improve their standing, and we argue that the MA sought to integrate Nepal’s diverse communities under a Hindu legal framework while also enacting reforms that softened rigid Brahmanical codes. Archival documents, including court records and local administrative correspondences, will complement the analysis. This paper aims to demonstrate how the MA was applied and contested locally, exploring the balance between state-imposed laws and indigenous practices. Ultimately, we argue that the MA functioned both as a political tool to consolidate Nepal’s Hindu identity and as a flexible legal structure for managing its multi-ethnic, multi-religious society.