The State in Ancient India: A Study in the Structure and Practical Working of Political Institutions in North India in Ancient Times c8.21

c8.21

The school of the Gautamas represented by the earliest of the extant Dharma Sūtra compendiums, is a Caraṇa of the Sāmaveda.² It arose somewhere in the north. While basing his ethics on caste, Gautama makes some concessions to meet the exigencies of practical life. In distress, that is to say, in emergencies, a Brāhmaṇa may study under a non-Brāhmaṇa, and may follow the occupation of a Kṣatriya and, failing that, of a Vaiśya. In the last contingency he is to refrain from dealing in certain articles, though in the last extremity even these restrictions may be disregarded. Gautama would not like a Brāhmaṇa to follow Śūdra occupations under any circumstances, but he admits that some had permitted even this when life was in danger.³ In self-defence, a Brāhmaṇa may always use arms.⁴ Kṣatriyas and Vaiśyas, too, may, in emergencies, follow lower occupations.⁵ In a later chapter he permits a Brâhmaṇa to practise usury, agriculture or trade, “provided he does not do the work himself.”¹ It may be assumed that orthodox writers would make these concessions only when compelled by the force of facts. It is clear that rules of caste, while recognised in theory by all, were not uniformly observed. In Gautama, the status of Śūdras tends to approximate to serfdom or slavery. A Śūdra should obtain his livelihood only from the higher castes,² eat the remnants of their food³ and use their cast-off shoes, umbrellas, garments and mats.⁴ He must support his master, in case of distress, with any savings of his own.⁵ On the other hand, he must be supported by his master even when no longer able to work.⁶ A regular family life is permitted to him,⁷ but all intellectual cultivation and participation in the higher spiritual life is denied to him. Only by permission can he use the exclamation, namaḥ (adoration), as his mantra.⁸ “If he (a Śūdra) listens, intentionally, to (a recitation) of the Veda, his ears shall be filled with (molten) tin or lac.⁹ If he recites (Vedic texts), his tongue shall be cut out.¹⁰ If he remembers them, his body shall be split in twain.”¹¹ There is no evidence to show how far such maxims were actually carried out. It may be that the Brâhmaṇas are painting themselves worse than they actually were. But it is clear that the position of the Śūdras was very hard. It seems that the Śūdras did not always accept their prescribed lot. Gautama invokes the might of the government to enforce the social order. He is deeply concerned to maintain the supremacy of Dvijas, the twice-born, and to keep Śūdras to the lowest place. "If he (a Śūdra) assumes a position equal to that of twice-born men in sitting, in lying down, in conversation or on the road, he shall undergo corporal punishment."¹