Page:The history of caste in India.pdf/173

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DISCRIMINATION ON ACCOUNT OF VARNA.
153

ried) Shūdra adulteress a fine of one thousand panas shall be inflicted on a Kshatriya or a Vaishya."

"For illicit (intercourse with) an unmarried Kshatriya woman a fine of five hundred panas shall fall on a Vaishya, but (for the same offense) a Kshatriya shall be shaved with urine or pay the same fine."

"A Brāhmana who approaches unmarried females (of) Kshatriya or Vaishya (varnas) or a Shūdra female shall be fined five hundred panas; but for intercourse with a female of the lowest caste (Antyaja) one thousand" (viii, 374-386).

Let us see what all this means to us. In these different rules there are various elements which determine the punishment. First, what is the varna of the woman who is contaminated? In general, the higher the varna of the woman contaminated the greater should be the punishment to the guilty man; the lower the varna of the man, the more severely he is to be treated. The writer considers the element of consent only in case the Brāhmana holds intercourse with a woman of his own varna; he again draws a distinction between fornication and adultery. In these verses he does not consider fornication with a girl of equal varna, but only considers adultery with equal varna, for fornication with equal varna may result in marriage and the offense need not be treated severely. He prescribes a fine of one thousand coins for adultery by Brāhmana with a woman of all varnas; and for that by Kshatriyas and Varishyas with women of all varnas except Brāhmana. For adultery by a Shūdra with a twice-born woman, or by any varna with a Brāhmana woman, is