The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
Though, in general, it is a supreme principle of law that it shall be
administered without respect of persons, that the same punishment for
the same offence shall overtake every offender, be his rank and position
what it may, the system of caste leads to an arrangement diametrically
opposite. Throughout, the book of the law measures out punishment
unequally, according to the rank of the castes, so that in an equal
offence the highest order has as a rule to undergo the least punishment.
This apportionment of punishment according to the castes is most
striking in the case of injuries and outrages inflicted by members of
the lower orders on the members of the higher. The Brahmans, and in a
less degree the Kshatriyas and Vaiçyas, are protected by threats of
barbarous punishments. The Çudra who has been guilty of injuring a Dvija
by dangerous language, is to have his tongue clipped; if he has spoken
disrespectfully of him, a hot iron is to be thrust into his mouth, and
boiling oil poured into his mouth and ears. If a Çudra ventures to sit
on a seat with a "twice-born," he is to be branded; if he lays hold of a
Brahman, both hands are to be amputated; if he spits at a Brahman, his
lips are cut off, etc. In actual injuries done to members of the higher
castes by the lower, the members of the latter are doomed in each case
to lose the offending member: he who has lifted up his hand, or a stick,
loses his hand; he who has lifted up his foot, loses the foot. For
slighter offences of language against a Brahman the Çudra is whipped,
the Vaiçya is fined 200 panas, the Kshatriya, 100. If, on the contrary,
a Brahman injures one of the lower castes he pays 50 panas to the
Kshatriya, 25 to the Vaiçya, and 12 to the Çudra. If members of the same
caste injure each other in word, small fines of 12 or at most 24 panas
are sufficient. More unfair still are other privileges secured by the
law to the Brahmans,--that in suits for debt they are never to be given
up as slaves to the creditors; that no crime or transgression on the
part of a Brahman is to be punished by confiscation of his property, or
by corporal punishment. He is never, even for the worst crime, to be
condemned to death; at the utmost he can only be banished.[295] On the
other hand, as has been remarked in the case of theft, the fine
increases according to the caste of the offender, so that here we have a
gradation in the opposite direction: the Brahman is fined eight-fold the
sum paid by the Çudra in a similar case; and in loans the Brahman is
allowed to receive only the lowest rate of interest--two per cent. In
courts of law the Brahman was addressed differently, and asked to give
his evidence differently, from the other orders; his oath is given in
different terms. With Brahmans, who naturally come to maturity sooner
than the other orders, the consecration by investiture takes place in
the eighth year, with the Kshatriyas in the eleventh, with the Vaiçyas
not till the twelfth.
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