History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c22.14

v2.c22.14

Slavery was probably not much⁴²⁷ in evidence in India in the 4th century B. C. or the treatment of slaves in India was so good that a foreign observer like Megasthenes accustomed to the treatment of slaves in Greece thought that there was no slavery. Megasthenes (MacCrindle, p. 71) states that none of the Indians employs slaves (vide Strabo XV. 1. 54). That slavery existed then admits of no doubt. The Emperor Aśoka when proclaiming his Law of Piety enjoins in his 9th Rock Edict that the Law of Piety consists (among other things) in the kind (or proper) treatment of slaves (dāsas) and hired servants. In the Arthaśāstra (III. 13) Kauṭilya⁴²⁸ gives very important provisions about slaves. He says that the mlecchas are not punishable if they sell or pledge their children, but an ārya cannot be reduced to slavery. He then prescribes that if a relative sells or pledges a śūdra (who is not born as a slave) or a vaiśya or kṣatriya or a brāhmaṇa (all being minors), he should be respectively fined 12, 24, 36 and 48 paṇas and that if a stranger sells or pledges the above then the vendor, the vendee and the abettors will be liable to the first, middle and highest ammercements and whipping respectively (i. e. first ammercement for sale of a śūdra by a stranger and whipping for the sale of a brāhmaṇa). But he allows the pledge of even an ārya in family distress. He refers to several kinds of slaves viz. *dhvajāhṛta* (captured in battle), *ātmavikrayin* (who sells himself), *udaradāsa* (or *garbhadāsa*, one who is born to a dāsī from a slave) or those so made for a debt (āhitika), or for a fine or court's decree (daṇḍapraṇīta). He then prescribes how they are set free from slavery. One who sells himself or is pledged or is born a slave becomes a free man by paying off respectively the amount for which he was purchased or pledged or what would be a proper price. One who is made a slave for a fine may pay off the fine by doing work. One captured in war may become free by paying according to the time he has been in bondage and the work he did or by paying half of it. The child of one who sells himself remains an ārya (free man). He prescribes that if a master makes a pledged slave carry a corpse or sweep ordure, urine or leavings of food, or keeps him naked, beats him or abuses him or violates the chastity of a female slave, he forfeits the price paid by him. He prescribes the first ammercement for a master having intercourse with a pledged slave girl against her will and middle ammercement for a stranger doing so.