108 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
an Ati-Shudra, as his slaves but not one who is a Brahmin, Kshatriya or a Vaishya. Ati-Shudra can hold an Ati-Shudra as his slave but not one who is a Brahmin, Kshatriya, Vaishya or Shudra.
Another illustration of this principle of graded inequality is to be found in the Laws of marriage. Manu says:—
III. 12. “For the first marriage of the twice-born classes, a woman of the same class is recommended but for such as are impelled by inclination to marry again, women in the direct order of the classes are to be preferred.”
III. 13. “A Shudra woman only must be the wife of a Shudra; she and a Vaishya, of a Vaishya; they two and a Kshatriya of a Kshatriya; those three and a Brahmani of a Brahmin.”
Manu is of course opposed to inter-marriage. His injunction is for each class to marry within his class. But he does recognize marriage outside the defined class. Here again, he is particularly careful not to allow inter-marriage to do harm to his principle of inequality among classes. Like slavery he permits inter-marriage but not in the inverse order. ‘A Brahmin when marrying outside his class may marry any woman from any of the classes below him. A Kshatriya is free to marry a woman from the two classes next below him, namely, the Vaishya and Shudra but must not marry a woman from the Brahmin class which is above him. A Vaishya is free to marry a woman from the Shudra class which is next below him. But he cannot marry a woman from the Brahmin and the Kshatriya class which are above him.
The third illustration is to be found in the Rule of Law as enunciated by Manu. First as to treatment to be given to witnesses. According to Manu, they are to be sworn as follows:
VIII. 87. “In the forenoon let the judge, being purified, severally call on the twice-born, being purified also, to declare the truth, in the presence of some image, a symbol of the divinity and of Brahmins, while the witnesses turn their faces either to the north, or to the east.”
VIII. 88. “To a Brahmin he must begin with saying ‘Declare’; to a Kshatriya, with saying ‘Declare the truth’; to a Vaishya admonishing him by mentioning his kine, grain or gold; to a Shudra, threatening him with the guilt of every crime that causes loss of caste.”
Take the punishment of offences as laid down by Manu. To begin with, punishment for defamation:
VIII. 267. “A soldier, defaming a priest, shall be fined a hundred panas; merchant thus offending, a hundred and fifty, or two hundred; but for such an offence a mechanic or servile man shall be whipped.”