Vol. 5 · pages 81–85

66 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 4. This punishment has been declared for (abusing) a virtuous Shudra who has committed no wrong; no offence is imputable to a Brahman for abusing (a Shudra) devoid of virtue. 5. A Vaishya shall be fined a hundred (Panas) for reviling a Kshatriya, a Kshatriya reviling a Vaishya shall have to pay half of that amount as a fine. 6. In the case of a Kshatriya reviling a Shudra, the fine shall be twenty Panas; in the case of a Vaishya, the double amount is declared to be the proper fine by persons learned in law. 7. A Shudra shall be compelled to pay the first fine for abusing a Vaishya; the middling fine (for abusing) a Kshatriya; the highest fine (for abusing) a Brahman. 8. A Kshatriya having defamed a Brahmana shall be fined one hundred (panas); a Vaishya one hundred and fifty or two hundred; a Shudra shall suffer corporal punishment. 9. A Brahmana shall be fined fifty (panas) for defaming a Kshatriya; in (the case of) a Vaishya the fine shall be twenty-five panas; in (the case of) a Shudra twelve. 10. A once born man (a Shudra), who insults a twice born man with gross invective, shall have his tongue cut out; for he is of low origin. 11. If he mentions the names and castes (Jati) of the (twice-born) with contumely an iron nail, ten fingers long, shall be thrust red hot into his mouth. 12. If he arrogantly teaches Brahmans their duty, the King shall cause hot oil to be poured into his mouth and into his ears. 13. For mutual abuse by a Brahmana and a Kshatriya a fine must be imposed by a discerning (King), on the Brahmana the lowest amercement, but on the Kshatriya the middle most. 14. With whatever limb a man of a low caste does hurt to (a man of three) highest (castes) even that limb shall be cut off; that is the teaching of Manu. 15. He (low caste man) who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off. 16. A low caste man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the King) shall cause his buttock to be gashed. (4) Brahaspati XX.8: (5) Ibid., XX.9: (6) Ibid., XX. 10: (7) Ibid., XX.11: (8) Manu VIII.267: (9) Ibid. 268: (10) Ibid., VIII.270: (II) Ibid., VIII.271: (12) Ibid., VIII.272: (13) Ibid., V1II.276; (14) Ibid., VIII.279: (15) Ibid., VIII.280; (16) Ibid., VIII.281.

67 WHY LAWLESSNESS IS LAWFUL? 17. If out of arrogance he spits (on a superior) the King shall cause both his lips to be cut off, if he urinates (on him), the penis; if he breaks wind (against him) the anus. 18. If he lays hold of the hair (of a superior), let the (King) unhesitatingly cut off his hands, likewise (if he takes him by the feet) the beard, the neck or the scrotum. STATUS, DIGNITY AND POSITION OF EACH CLASS 1. Man is stated to be purer above the navel (than below); hence the self existent (Swayambhu) has declared the purest (part) of him to be his mouth. 2. As the Brahmana sprang from the mouth, as he was the firstborn and as he possesses the Veda, he is by right the lord of his whole creation. 3. For the self existent (Swayambhu) having performed austerities, produced him first from his own mouth, in order that the offerings might be conveyed to the gods and manes and that this universe might be preserved. 4. What created being can surpass him, through whose mouth the gods continually consume the sacrificial viands and the manes the offerings of the dead. 5. Of created beings the most excellent are said to be those who are animated; of the animated, those who subsist by intelligence; of the intelligent mankind, and of men the Brahmanas. 6. A Brahmana coming into existence is born as the highest on earth, the lord of all created things. 7. Whatever exists in the world is the property of the Brahmana; on account of the excellence of his origin the Brahmana is indeed, entitled to all. 8. A Brahmana be he ignorant or learned is a great divinity, just as the fire, whether carried forth (for the performance of a burnt oblation) or not carried forth, is a great divinity. 9. Thus though Brahmans employ themselves in all (sorts of) mean occupations, they must be honoured in every way; for (each of) them is a great divinity. 10. But let (the father perform or) cause to be performed the Namadheya (the right of naming the child) on the tenth or twelfth (day after birth), or on a lucky lunar day, in a lucky Muhurta, under an auspicious constellation. (17) Manu V111.282: (18) Ibid., VIII.283. (1) Manu 1.92: (2) Ibid., 1.93: (3) Ibid., 1.94: (4) Ibid., 1.95: (5) Ibid., 1.96: (6) Ibid., 1.99: (7) Ibid., 1.100: (8) Ibid., IX.317: (9) Ibid., IX.319: (10) Ibid. 11.30.

68 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 11. Let (the first part of) a Brahman’s name (denote something) auspicious, a Kshatriya’s be connected with power, and a Vaishya’s with wealth, but a Shudra’s (express something) contemptible. 12. (The second part of) a Brahmana’s (name) shall be (a word) implying happiness, of a Kshatriya’s (a word) implying protection, of a Vaishya’s (a term) expressive of thriving and of a Shudra’s (an expression) denoting service. 13. Let him (a Brahmana) not dwell in a country where the rulers are Shudras, nor in one which is surrounded by unrighteous men, nor in one which has become subject to heretics, nor in one swarming with men of the lowest castes. 14. When the King cannot himself decide the causes (of litigants) then he should appoint thereto a Brahmana learned in the various Shastras. 15. Where a Brahmana (endowed with the qualities enumerated) cannot be had (the King) should appoint a Kshatriya or a Vaishya, proficient in the Sacred law, but the (the King) should carefully avoid a Shudra as a Judge. 16. Whatever is done by others (as Judges) than these must be regarded as done wrongly, even if they be officers (of the King) and even if by chance the decision is according to the Sacred texts. 17. A Brahmana who subsists only by the name of his caste (Jati), or one who merely calls himself a Brahmana (though his origin be uncertain), may, at the King’s pleasure interpret the law to him, but never a Shudra. 18. The Kingdom of that Monarch, who looks on while a Shudra settles the law, will sink (low), like a cow in a morass. 19. A Brahmana who knows the law need not bring any (offence) to the notice of the King, by his own power alone he can punish those men who injure him. 20. His own power is greater than the power of the King; the Brahmana therefore, may punish his foes by his own power alone. 21. The Brahmana is declared (to be) the creator (of the world), the punisher, the teacher, (and hence) a benefactor (of all created beings); to him let no man say anything unpropitious, nor use any harsh words. INTER-RELATIONSHIP BETWEEN THE CLASSES I 1. In the inverse order of the four castes slavery is not ordained. (11) Manu 11.31; (12) Ibid., 11.32; (13) Ibid., IV.61; (14) Katyayana 63; (15) Ibid., 67; (16) Ibid., 68; (17) Manu VI1I.20; (18) Ibid., VIII.21; (19) Ibid., XI.31; (20) Ibid., XI.32; (21) Ibid., XI.35. (1) Narada V.39.

69 WHY LAWLESSNESS IS LAWFUL? 2. Members of three Varnas can become slaves but a Brahman can never become a slave. Slavery in the case of the (three) Varnas viz., Kshatriyas, Vaishyas and Shudras is in their direct order and not in their inverse order. A Shudra could be the slave of any master of the four castes, a Vaishya of any master of the first three castes but not of a Shudra Master, a Kshatriya could be the slave of a Brahman or Kshatriya Master but not of a Vaishya or Shudra Master. 3. Even one of the same caste (i.e. a Brahman) should not make a Brahmana work as a Slave ….. A man who is Kshatriya, Vaishya or Shudra may occasionally do the work of slave for a man of the same caste (as his own) but a Brahman should never be made to do the work of a slave. II 4. For the first marriage of twice born men (wives) of equal caste are recommended; but for those who through desire proceed (to marry again) the following females (chosen) according to the (direct) order (of the castes), are most approved. 5. It is declared that a Shudra woman alone (can be) the wife of a Shudra, she and one of his own caste (the wives) of a Vaishya, those two and one of his own caste (the wives) of a Kshatriya, those three and one of his own caste (the wives) of a Brahmana. 6. If twice born men wed women of their own and of other (lower castes), the seniority, honour and habitation of those (wives) must be (settled) according to the order of the castes (Varna). 7. Among all (twice born men) the wife of equal caste alone, not a wife of a different caste by any means, shall personally attend her husband and assist him in his daily sacred rights. 8. A Shudra who has inter-course with a woman of a twice born caste, guarded or unguarded (shall be punished in the following manner); if she was unguarded, he loses the part (offending) and all his property; if she was guarded, everything (even his life). 9. (For inter-course with a guarded Brahmani) a Vaishya shall forfeit all his property after imprisonment for a year; a Kshatriya shall be fined one thousand (panas) and be shaved with the urine (of an ass). 10. If a Vaishya or a Kshatriya has connexion with an unguarded Brahmani, let him fine the Vaishya five hundred (panas) and the Kshatriya one thousand. (2) Katyayana 715-716: (3) Ibid., 717-718: (4) Manu 111.12: (5) Ibid., 111.13: (6) Ibid., IX.85: (7) Ibid., IX.86: (8) Ibid., VIII.374: (9) Ibid., VIII.375: (10) Ibid., VIII.376.

70 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 11. If a Vaishya approaches a guarded female of the Kshatriya caste, or a Kshatriya a (guarded) Vaishya woman, they both deserve the same punishment as in the case of an unguarded Brahmana female. 12. A Brahmana shall be compelled to pay a fine of one thousand (panas) if he has inter-course with guarded (females of) those two (castes); for (offending with) a (guarded) Shudra female a fine of one thousand (panas shall be inflicted) on a Kshatriya or a Vaishya. 13. For (intercourse with) an unguarded Kshatriya (female) a fine of five hundred (panas shall fall) on a Vaishya; but (for the same offence) a Kshatriya shall be shaved with the urine (of a donkey) or (pay) the same fine. 14. A Brahmana who approaches unguarded females (of the) Kshatriya or Vaishya (castes), or a Shudra female, shall be fined five hundred (panas); but (for intercourse with) a female (of the) lowest (castes), one thousand. III 15. But let (a house holder) offer, in accordance with the rule, to a guest who has come (of his own accord) a seat and water, as well as food, garnished (with seasoning) according to his ability. 16. But a Kshatriya (who comes) to the house of a Brahman is not called a guest (atithi), nor a Vaishya, nor a Shudra, nor a personal friend, nor a relative, nor the teacher. 17. But if a Kshatriya comes to the house of a Brahman in the manner of a guest, (the householder) may feed him according to his desire, after the Brahmans have eaten. 18. Even a Vaishya and a Shudra who have approached his house in the manner of quests, he may allow to eat with his servants, showing (thereby) his compassionate disposition. DUTIES—PRIVILEGES—IMMUNITIES—DISABILITIES (I) 1. Brahmans who are intent on the means (of gaining union with) Brahman and firm in (discharging) their duties, shall live by duly performing the following six acts, (which are enumerated) in their (proper) order. (11) Manu VIII.382: (12) Ibid., VIII.383: (13) Ibid., VIII.384: (14) Ibid., VIII.385: (15) Ibid., 111.99: (16) Ibid., III.110: (17) Ibid., III.111: (18) Ibid., 111.112. (1) Manu X.74.