History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c20.216

v2.c20.216

If a śūdra committed adultery with a woman of the three higher castes, Gaut.³⁷³ (XII. 1-2) prescribed the cutting off of his penis and forefeiture of all his property and if he was guilty of this offence when entrusted with the duty of protecting her, he was to suffer death in addition. Vas. Dh. S. 21. 1, Manu VIII. 366 prescribe death in the case of a śūdra having intercourse with a brāhmaṇa woman whether she was willing or unwilling. On the other hand, if a brāhmaṇa committed rape on a brāhmaṇa woman he was fined a thousand and five hundred if he was guilty of adultery with her (Manu VIII. 378) and if a brāhmaṇa had intercourse with a kṣatriya, vaiśya or śūdra woman, who was not guarded, he was fined five hundred (Manu VIII. 385). Similarly in the case of *Vākpāruṣya* (slander and libel) if a śūdra reviled a brāhmaṇa he received corporal punishment or his tongue was cut off (Manu VIII. 270), but if a kṣatriya or vaiśya did so they were respectively fined 100 or 150 (Manu VIII. 267) and if a brāhmaṇa reviled a śūdra, the brāhmaṇa was fined only 12 (Manu VIII. 268) or nothing (acc. to Gaut. XII. 10). In the case of theft, however, the śūdra was fined much less. Vide above p. 152 (No. 11 among the privileges of brāhmaṇas).