Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c11.158

c11.158

In the award of punishments Kauṭilya upholds the varṇa distinctions of the Dharmaśūtras. Thus according to him, if among the members of the four varṇas and the antāvasāyins (untouchables), anyone of a lower caste speaks ill of a person of a higher caste, he shall have to pay a higher fine than in the case of a person of a higher caste defaming a person of a lower caste.⁸ The *Arthaśāstra* has also the rule that the limb of a śūdra with which he strikes a brāhmaṇa should be amputated.⁹ We are in doubt whether this passage is the work of Kauṭilya, for it agrees rather with the extremist attitude of Manu. In another provision Kauṭilya states that, if a kṣatriya commits adultery with an unguarded brāhmaṇa woman, he shall be punished with the highest amercement, a vaiśya shall be deprived of his property, and a śūdra shall be burnt alive wound round in mats.¹ A śvapāka who commits adultery with an ārya woman shall be put to death, while the woman shall have her ears and nose cut off.² It is not surprising that these severe measures were applied against the śūdras and śvapākas, for even in the case of adultery against a woman of the śvapāka caste Kauṭilya provides for the branding and banishment of the guilty.³