Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c13.264

c13.264

can appear as witnesses in the cases of all the varṇas.¹ In certain cases such as adultery, theft, defamation and assault anybody could act as a witness.² In boundary disputes relating to houses and fields Bṛhaspati permits peasants, artisans, hired labourers, herdsmen, hunters, gleaners, diggers of roots, and kaivartas (fishermen) to act as witnesses³ as a matter of course. This seems to be a significant development, for Yājñavalkya allows such a concession only to herdsmen, peasants and foresters in boundary disputes confined to fields.⁴ The corresponding provision in Manu is of a still more limited nature. It is only in relation to boundary disputes between villages that Manu permits hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners and foresters to act as witnesses and that only on failure of witnesses from the two or four neighbouring villages.⁵ Bṛhaspati's provisions for witnesses who mostly belonged to the śūdra caste make an important concession to the śūdras, which is in accord with their new position as peasants and artisans. This was an important right, for boundary village disputes were naturally expected to be more frequent than any other type of disputes.