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The institution of slavery has been in practice, throughout history in some or other form in all nations. In some of the nations such as England, United States of America, etc., around the globe humankind have witnessed the unprecedented strictures on slavery. A slave is a human being, who is owned by another person through the physical, economic or intellectual power and enjoys the right to decide his or her living, work, etc. It is a socio-economic problem of serious concern, which has been outlawed in all recognised countries nowadays. The existence of slavery in India may be identified with the term 诲腻蝉补, which is used in the sense of slave in some of the passages of the 峁欢惫别诲补.^[1]

The 厂尘峁泃颈蝉 provide an account of slavery existing in that time of India. It is pertinent here to find out in the light of the 痴测补惫补丑腻谤腻诲丑测腻测补 the conditions of slavery, attitude of contemporary society and the change introduced by the lawmaker on the previously existing state of slavery.

The law on slavery, ordained by the 惭补苍耻蝉尘峁泃颈, suggests the status of the slaves prior to the 驰腻箩帽补惫补濒办测补蝉尘峁泃颈. Manu enjoins that slavery is the eternal destiny of the 艢奴诲谤补蝉. They may be compelled to do servile work for the 叠谤腻丑尘补峁嘺蝉 specially, no matter whether he is bought or not. Moreover, Manu declares that 艢奴诲谤补蝉 must not be released from servitude since it is inherent in him.^[2] A slave is strictly prohibited from owning any property under the law of the 惭补苍耻蝉尘峁泃颈.¹²⁹ On the other hand, twice-borns are exempted from forceful slavery. The 叠谤腻丑尘补峁嘺蝉 are directed not to cause a twice born to work as a slave and violation of it leads to heavy penalty of six hundred 辫补峁嘺蝉.^[3]

The 痴测补惫补丑腻谤腻诲丑测腻测补 reveals a number of changes that has taken place in the institution of slavery. Important of them is that slavery is not considered as exclusively confined to the members of the 艢奴诲谤补 惫补谤峁嘺. 驰腻箩帽补惫补濒办测补 prescribes the rule that slavery is to be followed according to the natural order of 惫补谤峁嘺s but not in reverse order.^[4] It means the 惫补谤峁嘺s inferior to a 叠谤腻丑尘补峁嘺 may be slaves to him. A 碍峁�a迟谤颈测补 is entitled to keep a slave either from 痴补颈艣测补 or 艢奴诲谤补 but not the vice versa. A 痴补颈艣测补 cannot be a slave to a 艢奴诲谤补, but a 艢奴诲谤补 can become a slave to a 痴补颈艣测补. As against Manu鈥檚 forcible enforcement of slavery upon 艢奴诲谤补, the 痴测补惫补丑腻谤腻诲丑测腻测补 shows a progressive principle asserting the release of a forcible slave which advocates that without consent nobody should be reduced to slavery.^[5]

驰腻箩帽补惫补濒办测补 provides various ways for manumission of slaves, which are discussed in the fifth chapter. The 痴测补惫补丑腻谤腻诲丑测腻测补 throws light on the dark sides of the slavery that slaves are considered chattel, and as a result, both male slaves and female slaves have been bought and sold like commercial commodities. In one instance, the time for inspection and return of the female servants and male servants are laid down along with some other commodities, if the purchaser repents for it.^[6] It appears that a number of women slaves have existed for working as maidservants. Their masters might have subjected them to sexual exploitations. Therefore, the author is compelled to make a rule to safeguard the interest of those unfortunate women. Destroying the embryo of female servant is regarded as an offence under 蝉腻丑补蝉补 and a fine of one hundred 辫补峁嘺蝉 is prescribed to the offender.^[7]

驰腻箩帽补惫补濒办测补 refers to the share of a son of a 艢奴诲谤补 by a 诲腻蝉墨, i.e. a female slave as-

j膩to鈥檖i d膩sy膩峁� 艣奴dre峁嘺 k膩mato鈥�峁兣沘haro bhavet/^[8]

It may suggest that even some of the 艢奴诲谤补蝉 kept slaves. Commenting upon the relevant context, the 惭颈迟腻办峁�a谤腻 commentary states that the mention of the word 艣奴诲谤补 in the text implies that the son of a twice-born by a female slave is not entitled to a share even by father鈥檚 desire, nor even half but he will receive maintenance if he is obedient.^[9]

Thus, the rules of 痴测补惫补丑腻谤腻诲丑测腻测补 reflect the signs of softer attitude to the slaves, which thereby indicate the improvement of the condition of slaves than before. Slavery is not confined to 艢奴诲谤补蝉 and women in general. It seems that slavery in India existed on a considerable scale in comparison to the inhuman, cruel and harsh treatment known to be meted out to the slaves of some of the ancient western countries. In this context, the view of Apurba Chandra Barthakuria is worth quoting who observes, 鈥淚n India, the slave-owners probably did not maltreat the slaves or slave-maidens. It may be noted in this context that African slaves became the victims of worst torture in America after the notorious slave-trade was introduced by European slave-traders in that continent, and the Russian slaves under Czarist rule in Russia, till the slaves were fully liberated.鈥�^[10]

Footnotes and references:

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[1]:

cf., 峁欢惫别诲补, 8.56.3, 7.19,36, 8.5.38, etc.

[2]:

s奴dra峁� tu k膩rayed诲腻蝉测补峁� kr墨tamakr墨 tameva v膩// d膩sy膩yaiva hi s峁涐梗峁璷鈥檚au br膩hma峁嘺sya svaya峁僢huv膩// na sv膩min膩 nis峁涐梗峁璷鈥檖i s奴dro d膩sy膩dvimucyate// nisargaja峁� hi tattasya kartasm膩ttadapohati// 惭补苍耻蝉尘峁泃颈, 8.413-414¹²⁹ bhary膩 putra艣ca 诲腻蝉补艣ca trayaev膩dhan膩岣� sm峁泃膩岣�// yatte samadhigacchanti yasya te tasya taddhanam// Ibid., 8.416

[3]:

Ibid., 9.412

[4]:

惫补谤峁嚹乶腻尘腻苍耻濒辞尘测别苍补 诲腻蝉测补峁� na pratilomata岣�// 驰腻箩帽补惫补濒办测补蝉尘峁泃颈, 2.183

[5]:

bal膩d诲腻蝉墨k峁泃a艣caurairvikr墨ta艣c膩pi mucyate/ Ibid., 2.182

[6]:

da艣aikapa帽casapt膩ham膩sartyah膩rdham膩sikam/ b墨j膩yov膩hyaratnastr墨dohyapu峁僺膩峁� par墨k峁�a峁嘺m// Ibid., 2.177

[7]:

鈥� 诲腻蝉墨garbha vin膩艣ak峁泃鈥� ca 艣atada峁囜笉abh膩k// Ibid., 2.236

[8]:

Ibid., 2.133

[9]:

atra ca s奴dragraha峁嚹乨dvij膩tin膩d膩sy膩mutpanna岣� pituricchay膩pya峁兣沘峁� na labhate n膩pyardha峁� d奴rata eva k峁泃svam/ ki峁僼vanuk奴la艣cejj墨vanam膩tra峁僱abhate/ 惭颈迟腻办峁�a谤腻,Ibid.

[10]:

Vide, Barthakuria, A.C., The 惭补丑腻产丑腻谤补迟补: An Encyclopedia of Indian Wisdom, Thoughts and Culture, page 217