Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c10.239

c10.239

In criminal cases also the Dharmasūtras provide no equality before the law. According to the law of Gautama if a brāhmaṇa abused a kṣatriya or a vaiśya, he would have to pay a fine, but if he abused a śūdra, he would go scot-free.⁵ Further, if the śūdra intentionally reviled the twice-born man by criminal abuse, or criminally assaulted him with blows, he was liable to be deprived of the limb with which he offended.⁶ Āpastamba bluntly states that, if the śūdra abuses a law-abiding ārya, his tongue shall be perforated.¹ Penances provided for the expiation of the sins of abusing respectable persons and speaking minor untruths also discriminate against the śūdra, who was ordered to fast for seven days in such cases;² on the other hand a member of the first three varṇas had merely to abstain from milk, pungent condiments and salt for three days only.³ And finally Āpastamba and Gautama lay down that, if in conversation, sitting, lying down or on the road, the śūdra assumed a position equal to that of the twice-born man, he should be flogged.⁴