Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c10.230

c10.230

As regards the right to appear as witness in the law-courts, Baudhāyana extends this privilege to the members of all the varṇas with certain exceptions.⁵ He does not debar the śūdra from acting as a witness in the cases of the higher varṇas, — a provision which is also noticeable in the law-book of Vasiṣṭha.⁶ According to Gautama the śūdras could be summoned as witnesses, but in the opinion of his commentators this eventuality could occur only when the twice-born with the requisite qualifications were not available.⁷ It is not clear whether this relates to their presence as witnesses in the cases of the twice-born or in their own cases. Probably it refers to the former situation. Vasiṣṭha, however, clearly states that a twice-born of the same varṇa can appear as a witness for men of his own class, good śūdras for good śūdras, and men of low birth for similar people.¹ Good śūdras were evidently those who strictly followed the brāhmaṇical precepts regarding their duties. This would suggest that bad śūdras were not to be entertained as witnesses in the suits of good śūdras. Thus the later authors of the Dharmasūtras, Gautama and Vasiṣṭha, exhibit the tendency to exclude the śūdra witnesses from the cases of the higher varṇas. We have no means of finding out whether this discrimination was observed, but it is in keeping with the spirit of the varṇa legislation which pervaded the Dharmasūtras. It may be noted, however, that in the taking of testimony in Greece during this period the slave might be subjected to interrogation under the use of the bastinado or the rack,² but such cruel measures for extracting confessions are not prescribed in the Dharmasūtras.