Q. According to Kautilya’s Arthashastra, which of the following are correct?

  1. A person could be a slave as a result of a judicial punishment.
  2. If a female slave bore her master a son, she was legally free.
  3. If a son born to a female slave was fathered by her master, the son was entitled to the legal status of the master’s son.

Which of the statements given above are correct?

  • 1 and 2 only
  • 2 and 3 only
  • 1 and 3 only
  • 1, 2 and 3

Answer: (d) 1, 2 and 3

Notes:
  • According to Kautilya’s Arthashastra, a person can be enslaved for fines of court decree which Kautilya’s Arthashastra is defined as “Dandapranita”. There are several types of enslavement that is given in Arthashastra. One of the prime methods of enslavement was to have a person as a slave as a result of judicial punishment for some sort of criminal demeanor.
  • According to Kautilya’s Arthashastra, children born to a slave and master when a slave gives birth to a child, both the mother and child shall be recognized as free and were no longer considered to be slaves.
  • If a son born to a female slave was fathered by her master, the son was entitled to the legal status of the master’s son.
Slavery in Arthashastra:
  • The Arthashastra states that a man could be a slave either by birth, by voluntarily selling himself, by being captured in war, or as a result of a judicial punishment.
  • Slavery was a recognized institution and the legal relationship between master and slave was clearly defined e.g. if a female slave bore her master a son, not only was she legally free but the child was entitled to the legal status of the master’s son.
  • Arthashastra gives a detailed account of the institution of slavery in a separate chapter ‘Dasa Kalpa’.
    Although he has supported the institution by suggesting it is a necessary element of society, he
    provides certain rights to enable them to achieve emancipation.
  • According to Kautilya, there were nine types of slaves:
    • A person captured in war was enslaved for a short period of time. As these were mostly Aryas, they could be freed by paying half the price and attain Arya-hood again.
    • There were slaves who accepted the slave status for a living. Kautilya mentiones them as ‘Udaradasa’ (slave for stomach i.e. due to hunger)
    • There were slaves who were born slaves (Grihjatah). These were born in the house of the masters to the female slaves.
    • Bought slaves are also mentioned in the Arthashastra and are called ‘Krita’ who could never attain freedom. They were mostly non-Aryans (Mlechcha)
    • Slaves received in gifts are also mentioned as Labdhah.
    • Slaves had been treated as chattels and they could be inherited from father to son. They are described as ‘Daya-agatah.
    • A person enslaved because of judicial punishment has been mentioned as Dandapraneet. This kind of slavery was of a fixed period as Dandapraneet could be freed after serving the sentence.
    • Kautilya also described the slaves who enslaved themselves voluntarily by selling themselves. They could attain freedom after some time and their children could be free even during their term of slavery
    • Mortgaged slaves are described as ‘Ahitaka’.