Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c10.244

c10.244

Laws relating to adultery provide the most severe punishment for the śūdra. Āpastamba lays down that, if a śūdra commits adultery with an āryā, i.e. a female member of the first three varṇas, he should be put to death,⁵ while the woman might be purified by a penance if no child was born from their adulterous intercourse.⁶ But, according to the same authority, if an ārya commits the same offence with the śūdra woman, he should be banished.⁷ In the case of theft, the law, as laid down by Gautama, imposes the smallest fine upon the śūdra, which increases if the offender belongs to a higher varṇa. Thus, if the śūdra is required to pay eight times the value of the stolen property, the brāhmaṇa has to pay sixty-four times.⁸ While it may indicate the former's inability to pay higher fines, the law presupposes a higher standard of conduct on the part of the members of the higher varṇas, who were little expected to commit thefts. This is in keeping with the provision that only members of the first three varṇas should be appointed officials, one of whose chief functions was to protect the people against thieves.⁹