26 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
illustrate it by taking a few examples such as slavery, marriage and Rule of Law.
Manu recognizes [1] Slavery. But he confined it to the Shudras. Only Shudras could be made slaves of the three higher classes. But the higher classes could not be the slaves of the Shudra.
But evidently practice differed from the law of Manu and not only Shudras happened to become slaves but members of the other three classes also become slaves. When this was discovered to be the case a new rule was enacted by a Successor of Manu namely Narada [2] . This new rule of Narada runs as follows:—
V 39. In the inverse order of the four castes slavery is not ordained except where a man violates the duties peculiar to his caste. Slavery (in that respect) is analogous to the condition of a wife.”
Recognition of slavery was bad enough. But if the rule of slavery had been left free to take its own course it would have had at least one beneficial effect. It would have been a levelling force. The foundation of caste would have been destroyed. For under it a Brahmin might have become the slave of the Untouchable and the Untouchable would have become the master of the Brahmin. But it was seen that unfettered slavery was an equalitarian principle and an attempt was made to nullify it. Manu and his successors therefore while recognizing slavery ordain that it shall not be recognized in its inverse order to the Varna System. That means that a Brahmin may become the slave of another Brahmin. But he shall not be the slave of a person of another Varna i.e. of the Kshatriya, Vaishya, Shudra, or Ati-Shudra. On the other hand a Brahmin may hold as his slave any one belonging to the four Varnas. A Kshatriya can have a Kshatriya, Vaisha, Shudra and Ati-Shudra as his slaves but not one who is a Brahmin. A Vaishya can have a Vaishya, Shudra and Ati-Shudra as his slaves but not one who is a Brahmin or a Kshatriya. A Shudra can hold a Shudra and Ati-shudra can hold an Ati-Shudra as his slave but not one who is a Brahmin, Kshatriya, Vaishya or Shudra.
Consider Manu on marriage. Here are his rules governing intermarriage among the different classes.
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.”
1 Manu recognizes seven kinds of slaves (VIII-415). Narada recognizes fifteen kinds of slaves (V-25)
2 The same rule is laid down by Yajnavalkya (II-183) whose authority is equal to that of Manu.