354 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
whom reference has already been made. As has already been pointed out, the Mahars of the Maharashtra claim the right to take the dead animal. This right they claim against every Hindu in the village. This means that no Hindu can eat the flesh of his own animal when it dies. He has to surrender it to the Mahar. This is merely another way of stating that when eating beef was a common practice the Mahars ate dead beef and the Hindus ate fresh beef. The only questions that arise are : Whether what is true of the present is true of the ancient past? Can this fact which is true of the Maharashtra be taken as typical of the arrangement between the Settled Tribes and the Broken Men throughout India?
In this connection reference may be made to the tradition current among the Mahars according to which they claim that they were given
52 rights against the Hindu villagers by the Muslim King of Bedar. Assuming that they were given by the King of Bedar, the King obviously did not create them for the first time. They must have been in existence from the ancient past. What the King did was merely to confirm them. This means that the practice of the Broken Men eating dead meat and the Settled Tribes eating fresh meat must have grown in the ancient past. That such an arrangement should grow up is certainly most natural. The Settled Community was a wealthy community with agriculture and cattle as means of livelihood. The Broken Men were a community of paupers with no means of livelihood and entirely dependent upon the Settled Community. The principal item of food for both was beef. It was possible for the Settled Community to kill an animal for food because it was possessed of cattle. The Broken Men could not for they had none. Would it be unnatural in these circumstances for the Settled Community to have agreed to give to the Broken Men its dead animals as part of their wages of watch and ward? Surely not. It can therefore be taken for granted that in the ancient past when both the Settled Community and Broken Men did eat beef the former ate fresh beef and the latter of the dead cow and that this system represented a universal state of affairs throughout India and was not confined to the Maharashtra alone.
This disposes of the first objection. To turn to the second objection. The law made by the Gupta Emperors was intended to prevent those who killed cows. It did not apply to the Broken Men. For they did not kill the cow. They only ate the dead cow. Their conduct did not contravene the law against cow-killing. The practice