Shudras in Ancient India: A Social History of the Lower Order down to circa A.D. 600 c13.319

c13.319

Although it is stated that the śūdras should be subjected to corporal punishments, the scale of punishments, which is provided by Bṛhaspati for śūdras abusing vaiśyas, kṣatriyas and brāhmaṇas,⁸ does not give any indication of this. Fa-hsien informs us that in the Middle Kingdom the king governed without decapitation or other corporal punishments.⁹ This may be an exaggeration but suggests that corporal punishment was used less frequently than before, a factor which worked in favour of the śūdras. Although Yājñavalkya accepts the principle of varṇa legislation,¹ he does not repeat the Draconian measures of Manu against offending śūdras. In one of his provisions regarding assault there is no trace of varṇa distinctions. He states that, if both parties threaten with arms, the punishment shall be the same to all.² But if a non-brāhmaṇa causes pain to a brāhmaṇa, he shall be deprived of his limb.³ It is not clear whether this law applies to śūdras assaulting brāhmaṇas.