Vol. 5 · pages 86–90

71 WHY LAWLESSNESS IS LAWFUL? 2. Teaching, studying, sacrificing for himself, sacrificing for others, making gifts and receiving them are the six acts (prescribed) for a Brahmana. 3. But among the six acts (ordained) for him three are his means of subsistence, (viz.) sacrificing for others, teaching and accepting gifts from pure men. 4. (Passing) from the Brahman to the Kshatriya, three acts (incumbent on the former) are forbidden (viz.,) teaching, sacrificing for others, and thereby, the acceptance of gifts. 5. The same are likewise forbidden to a Vaishya that is a settled rule; for Manu, the lord of creatures (Prajapati), has not prescribed them for (men of) those two (castes). 6. To carry arms for striking and for throwing (is prescribed) for Kshatriyas as a means of subsistence; to trade, (to rear) cattle, and agriculture for Vaishyas; but their duties are liberality, the study of the Veda and the performance of sacrifices. 7. Among the several occupations the most commendable are, teaching the Veda for a Brahamana, protecting the people for a Kshatriya and trade for a Vaishya. 8. The service of Brahmanas alone is declared (to be) an excellent occupation for a Shudra; for whatever else besides this he may perform will bear him no fruit. (II) 9. But a Brahmana unable to subsist by his peculiar occupations just mentioned, may live according to the law applicable to the Kshatriyas; for the latter is next to him in rank. 10. If it be asked “How shall it be, if he cannot maintain himself by either (of these occupations? the answer is) he may adopt a Vaishya’s mode of life, employing himself in agriculture, and rearing cattle. 11. A Kshatriya who has fallen into distress may subsist by these means (open to the Vaishya). 12. A Vaishya who is unable to subsist by his own duties, may even maintain himself by a Shudra’s mode of life, avoiding (however) acts forbidden (to him), and he should give it up, when he is able to do so. 13. But a Shudra being unable to find service with the twice-born and threatened with the loss of his sons and wife (through hunger), may maintain himself by handicrafts. (2) Manu X.75; (3) Ibid., X.76; (4) Ibid., X.77; (5) Ibid., X.78: (6) Ibid., X.79; (7) Ibid., X.80; (8) Ibid., X.123: (9) Ibid., X.81; (10) Ibid. X.82: (11) Ibid., X.95; (12) Ibid., X.98; (13) Ibid., X.99.

72 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (III) 14. A Kshatriya must never arrogantly adopt the mode of life (prescribed for his) betters (that is for the Brahmanas). 15. (The King) should order a Vaishya to trade, to lend money, to cultivate the land, to lend cattle and the Shudra to serve the twice born castes. 16. (The King) should carefully compel Vaishyas and Shudras to perform the work (prescribed) for them; for if these two (castes) swerved from their duties, they would throw this (whole) world into confusion. (IV) 1. A blind man, an idiot, (a cripple) who moves with the help of a board, a man full seventy years old, and he who confers benefits on Srotriyas, shall not be compelled by any (king) to pay a tax. 2. Though dying (with want) a King must not levy a tax on Srotriyas, and no Srotriya residing in his kingdom must perish from hunger. 3. Let the King make the common inhabitants of his realm who live by traffic, pay annually some trifle, which is called a tax. 4. Mechanics and artisans, as well as Shudras who subsist by manual labour, he (the king) may cause to work (for himself) one (day) in each month. 5. Tonsure (of the head) is ordained for a Brahmana (instead of capital punishment); but men of other castes shall suffer capital punishment. 6. Let him (the King) never slay a Brahmana though he have committed all (possible) crimes; let him banish such an (offender) leaving all his property (to him) and (his body) unhurt. 7. No greater crime is known on the earth than slaying a Brahmana: a King, therefore, must not even conceive in his mind the thought of killing a Brahmana. 8. When a learned Brahmana has found treasure deposited in former (times), he may take even the whole (of it); for he is master for everything. 9. When the King finds treasutre of old concealed in the ground, let him give one half to the Brahmanas and place the (other) half in his treasury. (14) Manu X.95; (15) Ibid., VIII.410: (16) Ibid., V111.4I8. (1) Manu VIII.394: (2) Ibid., VII.133: (3) Ibid., VII. 137: (4) Ibid., VII.138: (5) Ibid., VIII.379: (6) Ibid., VIII.380: (7) Ibid., VIII.381: (8) Ibid., VIII.37: (9) Ibid., VIII.38.

73 WHY LAWLESSNESS IS LAWFUL? MODE OF LIFE 1. (A Shudra who is) pure, the servant of his betters, gentle in his speech, and free from pride, and always seeks a refuge with Brahmanas, attains (in the next life) a higher caste. 2. But let a Shudra serve Brahmanas, either for the sake of heaven, or with a view to both (this life and the next); for he who is called the servant of a Brahmana thereby gains all his ends. 3. If a Shudra (unable to subsist by serving Brahmanas) seeks a livelihood, he may serve Kshatriyas, or he may also seek to maintain himself by attending on a wealthy Vaishya. 4. They must allot to him out of their own family (property) a suitable maintenance, after considering his ability, his industry, and the number of those whom he is bound to support. 5. The remnants of their food must be given to him, as well as, their old clothes, the refuse of their grain and their old household furniture. 6. No collection of wealth must be made by a Shudra, even though he be able (to do it); for a Shudra who has acquired wealth, gives pain to the Brahamana. 7. Shudras who live according to the law, shall each month shave (their heads); their mode of purification (shall be) the same as that of Vaishyas and their food the fragments of an Aryan’s meal. As has been said the society for which the ancient law givers laid down their ordinances consisted of two parts—one part consisted of those who were comprised within the system of Chaturvarna. The other part consisted of those who were without the pale of Chaturvarna. They are spoken of in Manu as Bahyas i.e. outside the pale of Chaturvarna. They are spoken of as low castes. The origin of these low castes is a subject with which I am not concerned for the moment. It is enough to say that according to these ancient law givers of Hindus these low castes are the result of the progeny of intermarriages between those four classes—the Brahmanas-Kshatriyas-Vaishyas-Shudras—who are included within the system of Chaturvarna. How far this is true will be examined at another time. We are primarily concerned with social relationship and not with origin. So far the ordinances relating to those who were within the Chaturvarna have been given. It now remains to give the ordinances which relate to those who were outside the Chaturvarna or who were called the low castes. The ordinances which regulate the life of the low castes are strange to say very few. Few though they be they give them such a short shrift that one does not find any necessity for more detailed code of ordinances. They are as follows : (1) Manu IX.335; (2) Ibid., X.122; (3) Ibid., X.121: (4) Ibid., X.124; (5) Ibid., X.125; (6) Ibid., X.129: (7) Ibid., V.140.

74 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES 1. All those tribes in this world, which are excluded from (the community of) those born from the mouth, the arms, the thighs, and the feet (of Brahman), are called Dasyus, whether they speak the language of the Mlenchhas (barbarians) or that of the Aryans. 2. Near well-known trees and burial ground, on mountains and in groves, let these (tribes) dwell, known (by certain marks), and subsisting by their peculiar occupations. 3. But the dwelling of the Chandalas and Shwapakas shall be outside the village, they must be made Apapatras and their wealth (shall be) dogs and donkeys. 4. Their dress (shall be) the garments of the dead, (they shall eat) their food from broken dishes, black iron (shall be) their ornaments, they must always wander from place to place. 5. A man who fulfils a religious duty, shall not seek intercourse with them; their transactions (shall be) among themselves, and their marriages with their equals. 6. Their food shall be given to them by others (than an Aryan giver) in a broken dish; at night they shall not walk about in villages and in towns. 7. By day they must go about for the purpose of their work, distinguished by marks at the King’s command, and they shall carry out the corpses (of persons) who have no relatives, that is a settled rule. 8. By the King’s order they shall always execute the Criminals in accordance with the law, and they shall take for themselves the clothes, the beds and the ornaments of (such) criminals. 9. He who has had connection with a woman of one of the lowest castes shall be put to death. 10. If one who (being a member of the Chandala or some other low caste) must not be touched, intentionally defiles by his touch one who (as a member of a twice born caste) may be touched (by other twice born persons only) he shall be put to death. zz (1) Manu X.45 (2) Ibid., X.50; (3) Ibid., X.51; (4) Ibid., X.52; (5) Ibid., X.53; (6) Ibid., X.54; (7) Ibid., X.55. (8) Ibid., X.56; (9) Vishnu V.43: (10) Vishnu V.104.

PART III Roots of the Problem CHAPTER 8 PARALLEL CASES I. Slavery in Rome. II. Villeinage in England. III. Jews and Servility. IV. Negroes and slavery. Social inequality is not confined to Hindus only. It prevailed in other countries also and was responsible for dividing society into higher and lower, free and unfree, respectable and despised. It would be interesting to compare the condition and status of the untouchables in India with the condition and status of the unfree and the despised classes in other countries ancient and modern. For an intelligent understanding of the differences and similarities it is essential to have some idea of the history of such parallel cases before any comparison can be instituted. It is not possible to give a survey of all such classes in all parts of the world. Nor is it necessary. A few typical cases can only be taken as illustrations. In studying the relationship between the Hindus and the Untouchables three questions at once come to one’s mind. Why has untouchability not vanished? Why does the Hindu regard lawlessness against the Untouchables as legitimate and lawful? Why does the Hindu feel no qualms of conscience in his dealings with the Untouchables? I Classes which like the Untouchables were lowly and despised have at one time existed in other societies also. For instance, they existed in once ancient Rome. The population of ancient Rome fell into five classes: (1) Patricians, (2) Plebians, (3) Clients, (4) Slaves and (5) Freemen. The Patricians were the ruling class. They were the civics in every sense. The rest were all servile in status. The Plebs and the Clients were