Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c13.286

c13.286

Manu provides that petitions should be entertained by the court in the order of the varṇas,¹ but this rule does not seem to have been mentioned by the lawgivers of this period. Nevertheless, varṇa distinctions are maintained in civil laws. Thus in the lawsuits requiring deposit of sureties Kātyāyana makes a distinction between the twice-born and the śūdras. On failure to provide surety, a twice-born person should be merely guarded by the warders, but the śūdras and others should be kept confined and fettered.² But irrespective of varṇa considerations, he provides the same fine of eight paṇas for all those who break the restraint and run away.³ He also adds that while in restraint there should be no obstruction to the performance of daily obligatory rites in the case of the members of all the four varṇas.⁴