Page:Journey to Lhasa and Central Tibet.djvu/226

 Rape on the person of a married woman of high degree is punishable by emasculation and fines. In case the woman belongs to the middle or lower classes, the culprit pays the husband a fine and gives the woman a suit of clothes.

If a man of low rank has intercourse with the unmarried daughter of a man of high standing, he must serve the father without wages for a term of years. If the offender is of high standing, he has only a fine to pay.

In all cases of assault and battery, fines, known as song jal, or "life money," are alone imposed, to which may be added the amount necessary for medical treatment for the wounded party. The amount of the fine is fixed by the size and depth of the wounds, the importance of the bone broken or the organ injured.

When judges or arbitrators are unable to reach a decision, they may permit the plaintiff to challenge the defendant to make a deposition on oath, or undergo an ordeal. In Khams and Amdo this practice is dying out, but it is still in vogue in Central Tibet. On account of the nature of these oaths and ordeals, the law exempts certain classes of men from taking them. Lamas, teachers, genyen (semi-priestly laymen), monks, and novices are not allowed to take oaths and pass through ordeals, nor are Tantriks (religious sorcerers) and other practitioners of mystic incantations, who are supposed to be able to counteract the fearful consequences of breaking an oath by means of their powerful spells. Destitute and famished people, to whom food and clothing are all in all, and men who will do anything they like, regardless of the consequences in a future existence, are not allowed to make a deposition on oath, nor are wives and mothers, who can easily be persuaded to swear in the interests of their husbands and children. Besides these, young boys, lunatics, and the dumb, who do not understand the difference between good and evil, happiness and misery, are equally exempt. All others, not included in the above list, who are honest, know the difference between good and evil, believe in the inevitable consequences of one's actions (karma), are held proper persons to take oaths and undergo ordeals.

The challenger is required to pay the defendant the " oath compensation," or "oath blood" (na-tra), which varies from a trifling amount to a very large sum, according to the nature of the case; but for one of considerable importance the usual compensation is