History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c21.14.1

v2.c21.14.1

Untouchability did not and does not arise by birth alone. It arises in various ways. In the first place, persons become outcasted and untouchable by being guilty of certain acts that amount to grave sins. For example, Manu IX. 235-239 prescribes that those who are guilty of brāhmaṇa-murder, theft of brāhmaṇa’s gold or drinkers of spirituous liquors should be excommunicated, no one should dine with them or teach them, or officiate as priests for them, nor should marriage relationship be entered into with them and they should wander over the world excluded from all Vedic dharmas. But if they perform the proper prāyaścitta they are restored to caste and become touchable. Secondly, persons were treated as untouchables simply through religious hatred and abhorrence because they belonged to a different sect or religion. For example, Aparārka (p. 923) and Sm. C.³⁹⁴ (I. p. 118) quote verses from the Ṣaṭ-triṁśan-mata and Brahmāṇḍapurāṇa that 'on touching Bauddhas, Pāśupatas, Jainas, Lokāyatikas, Kāpilas (Sāṁkhyas) and brāhmaṇas guilty of doing actions inconsistent with their caste one should enter water with the clothes on and also on touching Śaivas and atheists'. It is worthy of note that Aparārka³⁹⁵ p. 923 quotes a verse of Vṛddha-Yājñavalkya that on touching cāṇḍālas, pukkasas, mlecchas, Bhillas and Pārasīkas and persons guilty of mahāpātakas one should bathe with the clothes on.