374 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
more than this. Brahmanism in bringing about this revolution against the rule of the Buddhist Kings had transgressed two rules of the customary law of the land which were accepted by all as sacrosanct and inviolable. The first rule made it a sin for a Brahmin even to touch a weapon. The second made the King’s person sacred and regicide a sin. Triumphant Brahmanism wanted a sacred text, infallible in its authority, to justify their transgressions. A striking feature of the Manu Smriti is that it not only makes Chaturvarna the law of the land, it not only makes animal sacrifice legal but it goes to state when a Brahmin could justifiably resort to arms and when he could justifiably kill the King. In this the Manu Smriti has done what no prior Smriti has done. It is a complete departure. It is a new thesis. Why should the Manu Smriti do this? The only answer is, it had to strengthen the revolutionary deeds committed by Pushyamitra by propounding philosophic justification. This interconnection between Pushyamitra and the new thesis propounded by Manu shows that the Manu Smriti came into being some time after
185 B.C., a date not far removed from the date assigned by Prof. Buhler. Having got the date of the Manu Smriti we can say that in the Second Century A.D., there was no Untouchability.
Now to turn to the possibility of determining the lower limit to the birth of Untouchability. For this we must go to the Chinese travellers who are known to have visited India and placed on record what they saw of the modes and manners of the Indian people. Of these Chinese travellers Fah-Hian has something very interesting to say. He came to India in 400 A.D. In the course of his observations occurs the following passage [1] :—
“Southward from this (Mathura) is the so-called middle-country (Madhyadesa). The climate of this country is warm and equable, without frost or snow. The people are very well off, without poll-tax or official restrictions. Only those who till the royal lands return a portion of profit of the land. If they desire to go, they go; if they like to stop they stop. The kings govern without corporal punishment; criminals arc fined, according to circumstances, lightly or heavily. Even in cases of repeated rebellion they only cut off the right hand. The King’s personal attendants, who guard him on the right and left, have fixed salaries. Throughout the country the people kill no living thing nor drink wine, nor do they eat garlic or onion, with the exception of Chandalas only. The Chandalas are named ‘evil men’ and dwell apart from others; if they enter a town or market, they sound a piece of wood in order to separate themselves; then, men knowing they are, avoid coming in contact with them. In this country they
- Buddhist Records in Western India by Bcal. Introduction p. xxxviii.