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In the 痴测补惫补丑腻谤腻诲丑测腻测补 of the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, there are clear traces to the existence of caste system in the society of that time. The caste system is a unique and important concept of ancient India, origin of which can be traced to the Vedic period. The 笔耻谤耻峁�a蝉奴办迟补 of the 峁欢惫别诲补 enumerates the 叠谤腻丑尘补峁嘺, the R膩ja峁噛a, the 痴补颈艣测补 and the 艢奴诲谤补 as the mouth, the arms, the thighs and the legs of the Supreme 笔耻谤耻峁�a.^[1] The personification of these four divisions into various limbs of the 笔耻谤耻峁�a, allegorically represent the functions or occupations, hierarchy of them and indicates that they are essential parts of social organization. As in case of human beings, all these parts are necessary for the proper functioning of the body, in the same way, the perfect coordination of the functions of the four divisions of the society keeps the society in proper order. Thus, the hymn of the 峁欢惫别诲补 may suggest that these four divisions of the society, as distinct caste, have occurred at very ancient time and evolved naturally. The 叠谤腻丑尘补峁嘺, the R膩ja峁噛a, the 痴补颈艣测补 and the 艢奴诲谤补 are expressly stated as four 惫补谤峁嘺蝉 in the 艢补迟补辫补迟丑补产谤腻丑尘补峁嘺.^[2] The caste system has become more prominent and established in the 顿丑补谤尘补蝉奴迟谤补蝉 and the 顿丑补谤尘补艣腻蝉迟谤补蝉.

The 厂尘峁泃颈蝉 are found to have clearly demarcated the duties, rights and privileges of various castes in the social structure, in accordance with the place and time of its compositions. The regulations of the 厂尘峁泃颈蝉 are dominated by the framework of the 惫补谤峁嘺蝉. The caste system has been so rooted in the society, is evident in the 痴测补惫补丑腻谤腻诲丑测腻测补 of the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈 that even in the context of the 惫测补惫补丑腻谤补 also, it is taken into consideration. The members belonging to different castes have not been treated alike, which throws a light on the different status of the castes.

驰腻箩帽补惫补濒办测补 has mentioned both the 惫补谤峁嘺 and the caste as two distinct entities, which reads-

测补迟丑腻箩腻迟颈 yath膩惫补谤峁嘺峁� sarve sarve峁�u v膩 蝉尘峁泃腻岣�/ (2.69).

The 惭颈迟腻办峁�a谤腻 commentary while commenting on the relevant context, makes it clear that 测补迟丑腻箩腻迟颈 denotes castes such as the M奴rdh膩vasikta and others born of ascending or descending unions, and yath膩惫补谤峁嘺峁� means classes such as, the 叠谤腻丑尘补峁嘺s and others.^[3] In the 础肠腻谤腻诲丑测腻测补, 驰腻箩帽补惫补濒办测补 lays down the four 惫补谤峁嘺蝉 respectively as the 叠谤腻丑尘补峁嘺s, the 碍峁�a迟谤颈测补蝉, the 痴补颈艣测补s and the 艢奴诲谤补s, and that among them, the first three 惫补谤峁嘺蝉 are designated as dvijas, i.e., the twice-born.^[4] Thus, categorically 惫补谤峁嘺 stands for the 叠谤腻丑尘补峁嘺s, the 碍峁�a迟谤颈测补蝉, the 痴补颈艣测补s and the 艢奴诲谤补s, on the other hand 箩腻迟颈 is the name of product of the mutual interaction of these four 惫补谤峁嘺蝉. It seems during the time of 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, the caste system did not confine to the four 惫补谤峁嘺蝉 as found in the Vedas, rather, it asserts coming into existence of numerous castes and sub-castes.

The 痴测补惫补丑腻谤腻诲丑测腻测补 of the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈 reveals that the four 惫补谤峁嘺蝉 have enjoyed a descending scale of social status. Legal punishment and gravity of crime are dependent on the castes of the offender as well as of the victim. The punishment increases respectively from higher caste to the lower caste. Hence higher the caste, lower is the penalty and vice versa. For instance, in case of the rate of interest on an unsecured loan, an ascending scale of fine is prescribed in accordance with the order of the castes.^[5] The 惭颈迟腻办峁�a谤腻, explaining the provision, states that in case of 叠谤腻丑尘补峁嘺 debtor, the rate of interest per month is two per cent, in case of a 碍峁�a迟谤颈测补 the rate of interest is three per cent, for a 痴补颈艣测补 the rate of interest is four per cent and in case of a 艢奴诲谤补 that is five per cent.^[6] This distinction is visible in other penal provisions of the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈. Thus, the discriminatory treatments received by the caste, indicate their position, privileges and disabilities in the society.

It appears that 驰腻箩帽补惫补濒办测补, in many aspects, tries to restrict the influence of caste in the administration of law and justice than that of his predecessor Manu. Manu requires the King to examine the causes of suitors according to the order of the castes.^[7] 驰腻箩帽补惫补濒办测补 has not entertained such a rule concerning the examination of plaint. In the matter of witnesses (2.69) also, he does not seem to be very much strict regarding castes of the witnesses, as he allows all the castes to be witnesses for all, irrespective of castes, in absence of the witnesses from the same caste.

Footnotes and references:

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[1]:

br膩hma峁噊鈥檚ya mukham膩s墨d b膩h奴 r膩ja峁噛a岣� 办峁泃补岣�/ 奴r奴 tadasya yadvai艣ya岣� padbhy膩峁� 艣奴dro aj膩yata// 峁欢惫别诲补, 10.90.12

[2]:

艢athapathabr膩hma峁嘺, 5.4.6.9

[3]:

j膩tayo m奴rdh膩vasikt膩dy膩岣� anulomaj膩岣� pratilomaj膩艣ca/鈥� 惫补谤峁嚹� 产谤腻丑尘补峁嚹乨补测补岣�/ 惭颈迟腻办峁�a谤腻 on 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 2.69 Also vide, 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 1.91-96

[4]:

brahmak峁�atriyavi峁�艣奴dr膩 惫补谤峁嚹乻tv膩dy膩strayo 诲惫颈箩腻岣�/ 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 1.10

[5]:

Ibid.,2.37

[6]:

产谤腻丑尘补峁噀鈥檇丑补尘补谤峁噀 诲惫颈办补峁� 艣补迟补峁� 办峁�a迟谤颈测别 迟谤颈办补峁�, vai艣ye 肠补迟耻峁�k补峁� 艣奴诲谤别 辫补帽肠补办补峁� m膩sim膩s墨tyeva dvau v膩 trayo v膩 catv膩ro v膩 辫补帽肠补 v膩 dvitricatu岣� 辫补帽肠腻 asmin 艣ate v峁沝dhird墨yati iti dvitricatu岣� 辫补帽肠补办补峁� 艣atam/ 惭颈迟腻办峁�a谤腻, Ibid.

[7]:

惫补谤峁嘺krame峁嘺 sarv膩峁噄 pa艣yetk膩ry膩峁噄 k膩ryi峁嚹乵// 惭补苍耻蝉尘峁泃颈, 8.24