Chapter 13 In the divine court of appeals:
vows before the god of justice
This chapter discusses the place of law and justice within the context of “folk” Hinduism by referring to the practice of social justice from the perspective of the religious cult of Goludev, a widely venerated
regional, “folk” deity in the recently formed central Himalayan state of Uttarakhand. While the nature and content of “Hindu
law” has been discussed at relative length from the perspective of classical textual sources as well as on the basis of evidence
provided by inscriptions,1 scant attention has been paid to the conceptual understanding and actual practice of law in non-classical, contemporary “folk”
traditions within the broader framework of Hinduism. Thus, for example, what does it mean to imagine temples as legal courts in which the deity receives legal (and other) petitions? In what ways do rituals of divine embodiment
(or “possession”) enact and articulate concepts of social justice?
Goludev presides explicitly over matters of justice (ny
y) and is known in the Himalayan district of Kumaon as the “god of justice” (nyy k devt). Kumaon is a mountainous region bordering on Nepal in the east and Tibet in the north. Together with Garhwal, a region that lies to its west, Kumaon forms the state of
Uttarakhand. Goludev is worshiped by both high-ranked and low-ranked communities (Thakurs, Brahmans, Dalits). Goludev’s devotees perceive him to be a manifestation or incarnation of Bhairav, the wild and terrifying aspect of
iva.2 In Kumaon, the juristic authority of Goludev is considered greater than the authority of civil courts in the region. In several
instances, for example, if someone involved in a civil suit threatened to take a petition to Goludev, the party in the wrong
would quickly back down and admit to being in the wrong rather than have Goludev deal with the “case.”
y) and is known in the Himalayan district of Kumaon as the “god of justice” (nyy k devt). Kumaon is a mountainous region bordering on Nepal in the east and Tibet in the north. Together with Garhwal, a region that lies to its west, Kumaon forms the state of
Uttarakhand. Goludev is worshiped by both high-ranked and low-ranked communities (Thakurs, Brahmans, Dalits). Goludev’s devotees perceive him to be a manifestation or incarnation of Bhairav, the wild and terrifying aspect of
iva.2 In Kumaon, the juristic authority of Goludev is considered greater than the authority of civil courts in the region. In several
instances, for example, if someone involved in a civil suit threatened to take a petition to Goludev, the party in the wrong
would quickly back down and admit to being in the wrong rather than have Goludev deal with the “case.”
Goludev is the most important of several folk deities in Kumaon. Kumaonis often refer to their province as “Dev Bh
mi” (“Land of Gods” or “Divine Earth”). Indeed many powerful gods and goddesses reside here, and in Garhwal, along the banks
of sacred rivers and on snow-covered mountain peaks. These regional deities are also located in hillside shrines in villages,
and manifest in rituals of embodiment in which they enter and speak through the bodies of sensitive mediums during intense
ceremonies of “awakening” (jgar). There are other long religious processions and rituals in which gods and goddesses are appeased, awakened, and made present
so that devotees can participate in their divine power and resolve problems that they face. Each god and goddess has his or
her own story of how he or she “originated” and came to reside at a particular place, and of why he or she is particularly
potent when dealing with specific concerns. The particular connection that Goludev has to justice is derived from his own experience of injustice as a child, as it is described in the oral and written narratives
of his life.3 Goludev was the only son of a king and his eighth queen, whose seven barren stepmothers attempted unsuccessfully to kill him several times. Finally, abandoned
by them to float down a river in a box, he is caught by a childless fisher couple in their net. Raised by these humble foster
parents, Goludev as a young boy confronts his stepmothers, proving to the king that he is his son. The stepmothers are punished
and Goludev and his biological mother, the queen, are given their rightful place in the kingdom. When he ascends the throne
he visits all the villages and towns in his kingdom making sure that his subjects’ concerns are heard and that justice is
established in the kingdom of Kumaon.4
mi” (“Land of Gods” or “Divine Earth”). Indeed many powerful gods and goddesses reside here, and in Garhwal, along the banks
of sacred rivers and on snow-covered mountain peaks. These regional deities are also located in hillside shrines in villages,
and manifest in rituals of embodiment in which they enter and speak through the bodies of sensitive mediums during intense
ceremonies of “awakening” (jgar). There are other long religious processions and rituals in which gods and goddesses are appeased, awakened, and made present
so that devotees can participate in their divine power and resolve problems that they face. Each god and goddess has his or
her own story of how he or she “originated” and came to reside at a particular place, and of why he or she is particularly
potent when dealing with specific concerns. The particular connection that Goludev has to justice is derived from his own experience of injustice as a child, as it is described in the oral and written narratives
of his life.3 Goludev was the only son of a king and his eighth queen, whose seven barren stepmothers attempted unsuccessfully to kill him several times. Finally, abandoned
by them to float down a river in a box, he is caught by a childless fisher couple in their net. Raised by these humble foster
parents, Goludev as a young boy confronts his stepmothers, proving to the king that he is his son. The stepmothers are punished
and Goludev and his biological mother, the queen, are given their rightful place in the kingdom. When he ascends the throne
he visits all the villages and towns in his kingdom making sure that his subjects’ concerns are heard and that justice is
established in the kingdom of Kumaon.4There are two primary channels for soliciting Goludev’s power in matters of justice. The first way of requesting his mediation is through the submission of written petitions (manaut
) in his main temples at Chittai (near Almora), Ghoda Khal (near Bhavali), and in Champavat (in Pitthoragarh District). The second manner
of soliciting his advice and intervention is through an oracular trance or ritual of divine embodiment (jgar). These forms of mediation have a direct bearing on popular conceptions of the juristic personality of a divinity, and of ritual acts of devotion as forms of legal practice.5
) in his main temples at Chittai (near Almora), Ghoda Khal (near Bhavali), and in Champavat (in Pitthoragarh District). The second manner
of soliciting his advice and intervention is through an oracular trance or ritual of divine embodiment (jgar). These forms of mediation have a direct bearing on popular conceptions of the juristic personality of a divinity, and of ritual acts of devotion as forms of legal practice.5Folk Hinduism
These and other forms of worship associated with Goludev’s cult fall within the practices of “folk” or “popular” Hinduism. Broadly speaking, in the South Asian context, the term “folk” indicates a set of practices and discourses that do
not necessarily derive from or rest on Brahmanical practices and discourses, that is, those deriving from the authority of
classical texts and rituals handed down by Brahmins. In conceptual terms, folk religion or folk Hinduism “occupies an eccentric status . . . it forms a kind of residual
supplementary category . . . of a different kind than e.g., renunciation (sanyas), bhakti or even Brahmanism (priesthood)”
(Fuchs 1994). Scholars argue for the autonomous status of folk or “popular” Hinduism: “popular Hinduism is an authentic religion, equal
in standing to any other . . . In particular, the view that popular Hinduism is degenerate textual Hinduism . . . is completely
indefensible in the light of ethnographic evidence” (Fuller 1994: 6). Although, as Fuller points out, ethnographic reality clearly shows the existence of “folk” Hinduism, the conceptual
and material contents of this category remain tenuous. G. D. Sontheimer (1997) links folk Hinduism to four other “components” that, according to him, constitute Hinduism: the teaching of Brahmins, bhakti, renunciation, and tribal religion. For each of these four components he supplies a descriptive outline while positing the
interconnectedness – both historical and in contemporary religious practice – of the components. Similar to the case of the
other four components, Sontheimer attempts to provide a preliminary “checklist” that outlines the characteristic features of folk Hinduism. In his
summary statement of the components of folk religion,6 he points out that “a crucial ingredient in folk religion is the immediate presence and access to a god or a goddess in the
form of a mrti [image] . . . The god exists ‘here and now’, is earthbound, and does not live in some puranic svarga [heaven]” (1997: 315).
rti [image] . . . The god exists ‘here and now’, is earthbound, and does not live in some puranic svarga [heaven]” (1997: 315).
The “immediate presence,” and, indeed, corporeality of a folk deity is expressed, for example, in terms of the deity’s “possessing”
the body of a devotee or medium, the deity’s “play” or participation in ritual performances and processions, and also through the fact that the deity is considered “alive, attentive, heedful and
responsive” to devotees’ needs (Sontheimer 1997: 316). Thus, the deity responds to the material concerns or wishes of his or her devotees by way of granting offspring, cattle,
and healing.
Importantly, in the context of this essay, an “attentive” deity is also one who responds to issues of jurisprudence facing his or her devotees by deciding on legal cases.7 Again, while these legal cases may refer to matters of criminal or civil justice, the deity may also preside over issues concerning marital relations, financial prosperity, child-bearing, misfortune,
calamity, disease, employment, travel, and so on. These and other possible life concerns are equally subsumed under the category
of justice, as are more straightforward criminal or civil issues such as theft, bodily injury, or property disputes.
God of justice
The Kumaoni and Hindi term “nyy” that is used in Goludev’s title has, in both scholarly and popular discourse, been translated as “justice” or sometimes as “equity.” However, the classical meaning of the parallel Sanskrit term “nyya” can also refer to “a process of reasoning which facilitates a choice.” Hence it may apply to an abstract formulation of logic or “to the administration of justice where the king or his delegate, the deciding judge, is free to take into account the circumstances surrounding the matter before him”
(Lingat 1973: 161, n. 40). “Nyya” therefore refers to the enactment of law through a person invested with the authority to decide on matters of justice. The
materials in this essay will make it clear, however, that the range of issues included under the category of “nyy” in the case of Goludev is extremely diverse. They do not always refer to matters of litigation or judicial decisions, but
to “life concerns” such as material prosperity, health, bearing children, passing examinations, gaining employment, and so
on (Agrawal 1992: 53).
y” that is used in Goludev’s title has, in both scholarly and popular discourse, been translated as “justice” or sometimes as “equity.” However, the classical meaning of the parallel Sanskrit term “nyya” can also refer to “a process of reasoning which facilitates a choice.” Hence it may apply to an abstract formulation of logic or “to the administration of justice where the king or his delegate, the deciding judge, is free to take into account the circumstances surrounding the matter before him”
(Lingat 1973: 161, n. 40). “Nyya” therefore refers to the enactment of law through a person invested with the authority to decide on matters of justice. The
materials in this essay will make it clear, however, that the range of issues included under the category of “nyy” in the case of Goludev is extremely diverse. They do not always refer to matters of litigation or judicial decisions, but
to “life concerns” such as material prosperity, health, bearing children, passing examinations, gaining employment, and so
on (Agrawal 1992: 53).
Temples as courts
The first two temples of Goludev in Chittai and Ghoda Khal are administered by Brahmin priests of the Panth and Joshi lineages respectively,8 while a third temple in Champavat is administered by householders of the Nath lineage. These temples are referred to as “courts of justice” (kacahr). The first temple is described by devotees as Goludev’s “supreme court,” the second as “high court,” and the third as “district court,” thus adopting a terminology from the secular judicial system to rank the relative
importance of the temples. The temple at Ghoda Khal has also become the location for marriage ceremonies, particularly for couples not having
the endorsement of their families, for example, on account of belonging to different castes or different religious communities (e.g., Hindu and Sikh). On such occasions the priest is able to issue a marriage
certificate for the bride and bridegroom, for which Goludev acts as witness. The certificate issued by the priest is legally
binding, and once handed over to a civil court, a valid marriage certificate must be issued by civil authorities.
). The first temple is described by devotees as Goludev’s “supreme court,” the second as “high court,” and the third as “district court,” thus adopting a terminology from the secular judicial system to rank the relative
importance of the temples. The temple at Ghoda Khal has also become the location for marriage ceremonies, particularly for couples not having
the endorsement of their families, for example, on account of belonging to different castes or different religious communities (e.g., Hindu and Sikh). On such occasions the priest is able to issue a marriage
certificate for the bride and bridegroom, for which Goludev acts as witness. The certificate issued by the priest is legally
binding, and once handed over to a civil court, a valid marriage certificate must be issued by civil authorities.
Petitions to the deity
The petitions or appeals are termed “manaut” or “fariyd” and are usually in the form of handwritten documents, some of which are composed on official stamp paper. Manaut, meaning “surety, pledge,” is a contractual pledge in which a devotee vows to offer the deity a material object in return
for the deity’s fulfillment of the wish expressed in the petition. In the case of Goludev, this may involve the gifting of
a brass bell or the sacrifice of a goat. Although written petitions are the most tangible and visible forms of manauts, petitions or requests can also be made in an interior manner in the form of a prayer. “Fariyd,” used interchangeably with “manaut,” is a Persian loan-word meaning “complaint, grievance, cry for help,” suggesting the urgency of the devotee’s appeal to
the god.
” or “fariyd” and are usually in the form of handwritten documents, some of which are composed on official stamp paper. Manaut, meaning “surety, pledge,” is a contractual pledge in which a devotee vows to offer the deity a material object in return
for the deity’s fulfillment of the wish expressed in the petition. In the case of Goludev, this may involve the gifting of
a brass bell or the sacrifice of a goat. Although written petitions are the most tangible and visible forms of manauts, petitions or requests can also be made in an interior manner in the form of a prayer. “Fariyd,” used interchangeably with “manaut,” is a Persian loan-word meaning “complaint, grievance, cry for help,” suggesting the urgency of the devotee’s appeal to
the god.
The satisfactory resolution of these requests through the divine and royal authority of Goludev who is both god and king suggests an emphasis on the administration of nyya (“justice, equity, fair ruling”) rather than on dharma (“righteousness, piety, duty”). It is within the jurisdiction, so to speak, of Goludev to decide on the merit of the requests put forward to him. The transactional nature
of manaut, however, places the juristic act of granting a hearing to devotees within the context of giving and taking gifts, as well
as that of sacrifice, since goats and other domestic animals may be slaughtered in keeping with a devotee’s vow. Acts of gift
giving and sacrifice extend the understanding of justice itself as a transactional, substantive concept that revolves around
divine agency and power while involving reciprocal practices expressing gratitude, reverence, and appeasement. These practices
are in line with the transactional nature of the relationship between deity and devotee in general in India, with regard to
forms of ritual and worship that emphasize reciprocity – for example, in the keeping of religious vows by devotees in return for the granting of specific requests, wishes, or even demands on a deity, or the enactment of justice
through the ascertainment of truth in legal or criminal matters through the rendering of an oath in front of a deity and its response.
ya (“justice, equity, fair ruling”) rather than on dharma (“righteousness, piety, duty”). It is within the jurisdiction, so to speak, of Goludev to decide on the merit of the requests put forward to him. The transactional nature
of manaut, however, places the juristic act of granting a hearing to devotees within the context of giving and taking gifts, as well
as that of sacrifice, since goats and other domestic animals may be slaughtered in keeping with a devotee’s vow. Acts of gift
giving and sacrifice extend the understanding of justice itself as a transactional, substantive concept that revolves around
divine agency and power while involving reciprocal practices expressing gratitude, reverence, and appeasement. These practices
are in line with the transactional nature of the relationship between deity and devotee in general in India, with regard to
forms of ritual and worship that emphasize reciprocity – for example, in the keeping of religious vows by devotees in return for the granting of specific requests, wishes, or even demands on a deity, or the enactment of justice
through the ascertainment of truth in legal or criminal matters through the rendering of an oath in front of a deity and its response.
Rituals of divine embodiment
The second important manner, besides petitions or appeals, in which Goludev deals with matters of justice (and indeed healing in a broader sense) is through what may, in conventional terms, be described as an oracular trance
ritual, but what I will refer to here as a ritual of divine embodiment called “jgar.”
gar.”
“Jgar” means “waking,” “staying awake,” and can also be translated as “night vigil.” The jgar can therefore be described as an intense ritual of “awakening” for both deity and devotees. Monika Krengel (1999: 281) in her essay on the jgar notes its complex nature:
gar” means “waking,” “staying awake,” and can also be translated as “night vigil.” The jgar can therefore be described as an intense ritual of “awakening” for both deity and devotees. Monika Krengel (1999: 281) in her essay on the jgar notes its complex nature:
It is not possible to single out one aspect, e.g., curing, healing, psychological effects, without taking others, such as integration, dealing with uncertainties, and the definition of justice and responsibility into account. All relevant memories, rules, deviations and expectations are encapsulated in the institution of jagar, which potentially affords a bird’s eye view of being that transcends present social and political action.
The jgar has two main actors: a singer or bard called the “jagariy” (literally “awakener”) and the person entering into a so-called trance who is called the “
a
gariy” or “nacnevl” (dancer). Both jagariy and agariy, in contrast to the high-caste priests of the two main temples of Goludev, often (although not always) belong to low-caste Dalit communities. Similar to the case of written petitions handed to the god in his temples, the concerns of devotees here can vary, though a jgar is most often used to establish the hidden cause of illness, misfortune, or injustice (Krengel 1999; Leavitt 1997). Jgars are usually performed in a devotee’s home, into which the singer and dancer are invited. Immediate family members but also
a wider public from the village participate as the audience. The jgar usually has four sequential parts. In the first, which is called “sandhy” (“evensong”), several regional and supra-regional deities are mentioned and praised. In the second section, Goludev is invoked by narrating his life-story. This second section is also specially referred to as the jgar since it involves the most potent awakening of the deity. Thus, even though the deity is manifest from the very commencement
of the ritual, it is only after this second “phase” of the jgar that the deity is in a position to articulate the insights and responses that he will provide to the gathering of devotees.
In the third section, the deity responds to the questions and concerns that are put to him by devotees gathered for the ritual. The fourth and final section involves the “release” of the deity and the conclusion of the ritual. Here again, as in the case of written petitions but
perhaps even in a stronger sense, justice is negotiated or transacted in a dialogic process involving the deity, the singer,
and the family or community that is hosting the ritual. Even though the ritual involves the divine speech of the deity, this
is not uttered as a single pronouncement, but through a series of divine insights into the nature and cause of the issue facing
the host family or community. The appropriate resolution of these issues – for example, through the establishment of a shrine
to the deity or through the sacrifice of an animal or other substantive means – is ascertained through interpretation of and
deliberation on the deity’s words, uttered by the medium in what becomes a conversation between deity, devotee, and singer.
gar has two main actors: a singer or bard called the “jagariy” (literally “awakener”) and the person entering into a so-called trance who is called the “agariy” or “nacnevl” (dancer). Both jagariy and agariy, in contrast to the high-caste priests of the two main temples of Goludev, often (although not always) belong to low-caste Dalit communities. Similar to the case of written petitions handed to the god in his temples, the concerns of devotees here can vary, though a jgar is most often used to establish the hidden cause of illness, misfortune, or injustice (Krengel 1999; Leavitt 1997). Jgars are usually performed in a devotee’s home, into which the singer and dancer are invited. Immediate family members but also
a wider public from the village participate as the audience. The jgar usually has four sequential parts. In the first, which is called “sandhy” (“evensong”), several regional and supra-regional deities are mentioned and praised. In the second section, Goludev is invoked by narrating his life-story. This second section is also specially referred to as the jgar since it involves the most potent awakening of the deity. Thus, even though the deity is manifest from the very commencement
of the ritual, it is only after this second “phase” of the jgar that the deity is in a position to articulate the insights and responses that he will provide to the gathering of devotees.
In the third section, the deity responds to the questions and concerns that are put to him by devotees gathered for the ritual. The fourth and final section involves the “release” of the deity and the conclusion of the ritual. Here again, as in the case of written petitions but
perhaps even in a stronger sense, justice is negotiated or transacted in a dialogic process involving the deity, the singer,
and the family or community that is hosting the ritual. Even though the ritual involves the divine speech of the deity, this
is not uttered as a single pronouncement, but through a series of divine insights into the nature and cause of the issue facing
the host family or community. The appropriate resolution of these issues – for example, through the establishment of a shrine
to the deity or through the sacrifice of an animal or other substantive means – is ascertained through interpretation of and
deliberation on the deity’s words, uttered by the medium in what becomes a conversation between deity, devotee, and singer.
The representation of Goludev’s temples as courts of law, and the rendering of justice during rituals of divine embodiment, offer a counterpoint to the temporal power wielded in the secular legal institutions
in the state of Uttarakhand. In fact, the active pursuit of these “folk” forms of justice by devotees implies that divine
agency is considered more potent and powerful than secular forms of institutional agency. Furthermore, the concept of justice
in this context also appears to depart from classical notions of law embedded in the idea of duty or dharma.9 It does, however, reflect the historical practice of juristic decision-making on the basis of the authority of the king or his legal representative.
Appendix: Examples of petitions
Petition 1 (on ten-rupee non-judicial stamp paper)
[In Hindi:]
Most venerable Goludevta,
[In English:]
Kindly consider my name i.e. SUSHIL KUMAR JAIN for the Post of ASJ [Additional Sessions Judge] Delhi High Court, Delhi.
[signature with date, 8.2.08]
S. K. Jain [with address and phone numbers]
Petition 2
[In Hindi:]
Victory to Goludevta
at Chatai Temple – my salutations to you.
I heard your name and I am present in your court. I have heard that you resolve everyone’s (issues), resolve my (issues)
too. I was told at the Jageshvar Temple about the Chittai Golu Temple. You remove everyone’s problems, remove mine as well.
My problems:
[In English:]
Divorce.
Health.
Financial situation.
Father’s health.
Love & affection amongst the two brothers.
Job which would follow the divorce or as you wish.
When all the samasyas [problems] are resolved I will return from Delhi and sacrifice a goat as liked by you, and hand a bell, and give a shell. 6 months. First I will come to Jageshwar where
I will complete the Mahamritunja I will come to your temple. If I don’t come after 6 months after completion of my work my witness is Rajesh Chand.
Anand Sharma
[address in New Delhi] [signature of witness]
25.2.08
Petition 3
[In Hindi:]
O Lord,
Please evict Jagdish alias Rakesh quickly from our land, and make the court case go in our favor. Thank you.
[signature]
2 As an incarnation of Bhairav, Goludev can be considered to be a “split” deity in the sense that he is perceived to be peaceful
and benevolent, whereas his principal guardian and “henchman,” Kalua Masn, or Kl Bhairav, is wild and dangerous.
n, or Kl Bhairav, is wild and dangerous.
3 The narrative of Goludev’s life is told during the jgar ritual (see below). In the concluding sections of the narrative, villages and subregions of Kumaon are mentioned which Goludev
visits in order to attend to injustices. The establishment of justice sometimes involves the defeat of other divine, demonic, or human forces.
gar ritual (see below). In the concluding sections of the narrative, villages and subregions of Kumaon are mentioned which Goludev
visits in order to attend to injustices. The establishment of justice sometimes involves the defeat of other divine, demonic, or human forces.
5 See the chapters by R. H. Davis (on juristic personality of deities) and Yelle (on ritual acts) in this volume.
6 His conclusions are based on his magisterial studies of folk Hinduism in the Deccan.
8 According to priests of these temples, the lineages have their origin in Maharashtra, and have involved migration from that region going back several generations.