Theory of Government in Ancient India (Post-Vedic) c7.46

c7.46

Caste enters in an equally conspicuous manner into the law on defamation. For defaming a Brâhmaṇa, a Kṣatriya was to be fined a hundred paṇas, a Vaiśya from one hundred and fifty to two hundred while a Śûdra was to suffer corporal punishment. A Brâhmaṇa should be fined fifty, and twelve paṇas for defaming a Kṣatriya, a Vaiśya and a Śûdra respectively. There was a uniform penalty of twelve paṇas for twice-born men for defaming a caste-fellow. If a Śûdra mentions the names and castes of the twice-born with contumely, "an iron rail, ten fingers long, shall be thrust red-hot into his mouth." If he insults a twice-born man with gross invective, his tongue shall be cut out, "for he is of low origin." If he was arrogant enough to teach Brâhmaṇas their duties, "the king shall cause hot oil to be poured into his mouth and into his ears." Even harsher and sometimes unspeakable are the punishments prescribed for graver insults which a Śûdra may chance to offer to superior beings.² It is more than doubtful if these brutal maxims were ever actually carried out. Perhaps, they only embody the ultra-orthodox theory of the superiority of the twice-born and the supremacy of the Brâhmaṇa.