The State in Ancient India: A Study in the Structure and Practical Working of Political Institutions in North India in Ancient Times c8.99

c8.99

Āpastamba's disquisition on civil and criminal law is Law. as minute as that of the other legal writers, but there is no evidence to show which of his provisions are based on facts. It is safe to conclude that caste had vitiated jurisprudence and that the Śūdras fared worst of all.⁴ For the rest only a few maxims need be noted. Āpastamba would exact full damages from a man who does not cultivate his lease of land. If he is rich enough, he must be forced to pay to the state the value of the crop which should have reared on his fields.⁵ A servant in tillage who abandons his work shall be flogged.⁶ The same punishment should be awarded to a herdsman who forsakes his work.⁷ The flock entrusted to him shall be taken away.⁸ The owner of cattle may impound trespassing cattle.⁹ In warfare, Āpastamba prohibits the slaughter of fugitives, of those who ave surrendered, and of those who beg for mercy with flying hair or joined palms.¹ It may be mentioned in passing that the law-giver wants the king to support and protect women who had been cruelly wronged by wicked men.²