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DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE

A PROJECT REPORT ON LABOUR IN ANCIENT INDIA

SUBJECT

HISTORY

NAME OF THE FACULTY

VISHWACHANDRA NATH MADASU

Name of the Candidate

D.SUMANTH

Roll No.
2018120

SEMESTER 1
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ACKNOWLEDGEMENT:

I would like to express my special thanks of gratitude to my teacher Vishwa Chandra

Nath Madasu sir who gave me the golden opportunity to do this wonderful project on the
topic of (A PROJECT REPORT ON LABOUR IN ANCIENT INDIA which also
helped me in doing a lot of Research and I came to know about so many new things I am
really thankful to them.
Secondly I would also like to thank my friends who helped me a lot in finalizing this
project within the limited time frame.
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CONTENTS
 ACKNOWLEGEMENT
 INTRODUCTION
 SUMMARY
 SOCIAL STRUCTURE AND OCCUPATION IN ANCIENT INDIA
 OCCUPATIONS AND SOURCES OF LABOUR SUPPLY
 THE INSTITUTION OF SLAVERY
 KAUTILYAN REFORMS
 LABOUR IN AGRICULTURAL AND ALLIED OCCUPATIONS
 WAGES AND CONDITIONS OF WORK
 TECHNICAL AND VOCATIONAL TRAINING
 WOMEN AND CHILD LABOUR
 SOCIAL SECURITY IN ANCIENT INDIA
 BIBLOGRAPHY
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PROJECT SUMMARY:

The Labour in Ancient India is a huge topic. India is a vast country having various kinds of
people and also various kind of religions. We have a history of every single law and tradition.
Like wise there is history of labour in ancient India also. We have various forms of labour
like Brahmana, Kshatriya and Vaishya and shudra etc.

Labour had an important role in all the times of ancient history. History begins when men
actually produce their means of subsistence. At a minimum, this involves the production of
food and shelter. Marx argues that their first historical act is, therefore, the production of
material life. Production is a social enterprise since it requires co-operation. Men work together
to produce the goods and services necessary for life.

In this project I mainly discuss about Labour in Ancient India in between 1500 BC to 712 AD.
Labour law as it is known today is essentially the child of successive industrial revolutions
from the 18th century onwards. It became necessary when customary restraints and the
intimacy of employment relationships in small communities ceased to provide adequate
protection against the abuses incidental to new forms of mining and manufacture.
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OBJECTIVES AND AIM OF THE STUDY:

The main aim of the study is to know how the entire law of labour in ancient India came into
force from ancient period.

RESEARCH METHODOLOGY:

Doctrinal Methodology

SCOPE

The study restricted to the history of India between 1500BC to 712AD

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INTRODUCTION

Labour is an important segment of general community. Being a human factor‟, labour is

manifestly different from other factors of production.1

History begins when men actually produce their means of subsistence. At a minimum, this
involves the production of food and shelter. Marx argues that their first historical act is,
therefore, the production of material life. Production is a social enterprise since it requires co-
operation. Men work together to produce the goods and services necessary for life.2

Labour is the basic creative power, next only to nature. It leaves its imprint on everything that
man makes from the simplest to the most complex. All technology is the creation of labour. So
are the tools that labour itself uses. A shop floor labour, a farm labour, a mason, a manager, a
scientist or a computer designer all are labourers in their own worthy ways. Quite appropriately,
labour has been honoured as Vishwakarma, Architect of the World in the Indian tradition.

It is only the nature of labour and the context in which it operates to produce socially useful
goods and services that changes from time to time. A society’s needs are best fulfilled, and a
nation’s aspirations are best served by responding to such changes with periodic revisions in
laws and regulations so that labour’s creative power may always remain unfettered.3

Labour law as it is known today is essentially the child of successive industrial revolutions
from the 18th century onwards. It became necessary when customary restraints and the
intimacy of employment relationships in small communities ceased to provide adequate
protection against the abuses incidental to new forms of mining and manufacture.

1
Meenu Paul, Labour and Industrial Law, 1 (2011).
2
M.Harlambos and Heald R.M, Sociology, Themes and Perspective, 535 (1980).
3
Globalization and Its Impact on Labour in the Indian Economy, available at
http://drnarendrajadhav.info/drnjadhav_web_files/speeches/Labour-speech.pdf (visited on July 9, 2013).
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SOCIAL STRUCTURE AND OCCUPATION IN ANCIENT INDIA

Ancient Indian history is a fascinating study, for it bears ample testimony to the fact that among
the three ancient countries India, China and Egypt whose civilisations and cultures had reached
the peak of glory in the past and which had contributed enormously to the development of
sciences, arts and literature, the contribution of the ancient Indian apostles to the various
branches of social and physical sciences was predominant and unique. The contributions of the
ancient Indians to philosophy, ethics, economics, politics, jurisprudence, astronomy, astrology,
medicine, arts and literature and other branches of knowledge are still outranking and offer a
solution to many problems which are regarded as insoluble today.

History also bears evidence that Indian traders carried on maritime traffic and overseas trade
with China, Indo-China, Greece and Rome. Asoka's inscriptions show that India had
connections ( presumably trade and political connections ) with Asia-minor and near-west
countries

According to V. A. Smith, Pliny in the first and Ptolemy in the second centuries A.D. testified
to the trade of India with the Roman empire. In his study of Vatsayayana's Kamasutra,
Chakladar came to the conclusion that India's foreign trade was developed enough at the time
of Fahien's visit.4

There is evidence of trading voyages to Burma, Malaya and Ceylon in early Magadhan epoch
and some evidence of India's trade with foreign countries in the Rig Vedic days is also
available.5

A recent book " Hindu-America " throws enough light on the trading operations carried on by
the ancient Hindus in the places around the present Panama Canal. Further evidence is available
in some of the authoritative works on ancient Indian history.

The fact that these industries were fully established and well developed as early as 320 B. C.
is proved by Kautilya's Arthashastra.

4
Majumdar, Ray Choudhury and Datta-"An Advanced History of India" Pages 35&81
5
There is further evidence of India's foreign trade. "According to a Chinese book Funantu-Suhtchuan written in
the 3rd century A. D. Kuntien or Kaundinya founded an Indian Colony in Indo-China about B. C. 53 and it
soon grew up into a great centre of foreign trade in that quarter."-H. C. Chakladar-"Social Life in Ancient India"
page 105.
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SOCIAL STRUCTURE:

It is an established fact that ancient Hindu society was divided into four main Varna, viz.,
Brahmana, Kshatriya, Vaisya and Shudra. Originally the Indian society was divided into two
broad categories viz., " Aryan" and "Anarya"(Dasyu).Anarya being the dark-skinned
indigenous people, enemies of the Aryans.

But by the time Purusasukta came to be written the Aryan Society had been divided into 3
Varna viz., Brahmana, Kshatriya and Vaishya of which we find reference in Atharva-Veda
also.

Gradually these four classes came to represent four stages of a man's development : the man of
knowledge and learning was known as Brahmana and action was termed a Kshatriya ; the
traders and the agriculturists were called "Vaishya", and the manual workers were named
"Shudra".6

Brahmana through toil, study, ethical and spiritual drives. It was stated in "SantiParvan"
(Mahabharata) :

"He who is pure, consecrated by sacraments, has studied the Veda, performs the rites of
purification and religious observances, eats the remains of oblations, is attached to his religious
teacher, and devoted to truth is called a Brahmana .

He who performs the duties of, a ruler, and studies the Veda is called a Kshatriya.7

He who takes to trade and cattle breeding, agriculture and acquisition of wealth, is pure and
perfect in the study of the Veda, is a Vaishya, but one who takes all kinds of food, does all
kinds of work, is unclean and has abandoned the Veda and does not practice pure observances
is a Shudra.

The castes and sub-castes came to develop when ,birth came to be attached much importance
in deciding the social status and the occupations of the people. This switch-over from Varna to
castes and sub-castes was not sudden but gradual and was largely due to the narrow-
mindedness of the social leaders.

6
Whitney's Translation of Artharva-Ved" VoJ.-VII-Page 249.
7
In Purusasukta (Rig-Veda X-90) we find the words "Brahmana", "Rajanya", "Vaishya" and "Shudra" being
used probably for the first time in ancient Indian literature.
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A century or two later the conditions changed for the worst. Caste restrictions were made so
rigid and taxing that a Shudra could not even hear or talk of higher aspects of life. He was
forced by the society to remain illiterate, mean in manners and outlook.

On the other hand, a Brahmana, howsoever, low or mean in nature and in deeds, was regarded
as the kin of God the Almighty, He was beyond the control of the kings and the law.

It was, for example, laid down in Parashar-Smriti that a mean Brahmana is respectable but not
a pious or learned Shudra for who would prefer to milk a peaceful female donkey over a
bullying cow.8

Among the various disabilities which a Shudra was obliged to suffer from, those relating to his
position in society were the worst. He was considered so low that he could neither study Veda
nor could reach nearabout the place where Veda were being read 9

There was, however, not so much rigidity in Vedic times as we find in the period represented
by Dharma shastras and Smritis. The punishments for the offence of hearing or reciting the
verses of the Veda or for mastering it were the most tyrannising. It was laid down in Gautama
Dharma sutra that if a Shudra heard the recitation of the Veda with the intention of learning it
by heart his ears were to be filled up with molten lead or lac and if he dared to recite the verses
of the Veda his tongue was to be chopped off and if he mastered Veda his body was to be torn
to pieces.10

The Shudra were considered to be impure for a longer period (than the Dvija) in cases of death
or birth. They could not be appointed as judges. They could not even touch the Brahmana. The
Shudra also had no right to the ' four ashramas earnings such savings could be used for the
support and benefit of the people of other Varna.

The dignity of Shudra labour, which was predominantly unskilled was not given derecognition
nor any importance was attached to his life.

8
A Survey of Indian History 3 ' K. M. Panikkar, Asia Publishing House, Bombay (1954) Page 13
9
Vasisthasmriti-18-13. Similar indictments are found in Gautama Dharmshutra 16.18.19 ; Apastamba
Dharmashastra 1. 3. 9. 9 and Yajnavalkya-Smriti 1-148
10
Gautama Dharmasutra 12-IV
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OCCUPATIONS AND SOURCES OF LABOUR SUPPLY:

The above account makes it clear that occupations in ancient India could be broadly classified
as

(a) Priestly

(b) Warring

(c) Agricultural, Industrial and Trading and

(d) Manual and others. These were the vocations of the Brahmana, Kshattriya, Vaishya and
Shudra respectively.11

Priestly occupations were open to Brahmana only. Important ranks among the priestly
occupations were those of the teacher ( Acharya ), priests ( Adhvaryu or Brahma ), astrologers
(Ganaka or Naksatradersa), reciters of verses ( Gayatrin ), physicians ( Bhisak ) and of priests
presiding at sacrifices (Ritvij or Ritvik). Even today these are the exclusive vocations of the
Brahmana.

The duty of the Kshatriyas was to protect the people. Earlier men of strong built and valour,
well versed in the art of fighting, were usually known as Kshatriya.12

In fact all people belonging to the ruling class or to the police force or militia, were usually
regarded as Kshattriya.

Even in the following centuries preference for recruitment to the posts of Senapati, Amartya’s,
Urge, or Jivagrbh was given to the people of Kshattriya Varna.

Pastoral Aryans and was latter allotted to the people who tilled the soil viz., the Vaishya, The
people of the Vaishya Varna employed herdsmen and landless labourers ( who were
predominantly Shudra ) for rearing their cattle and helping them in agricultural operations
particularly as Kisana or Krisivala ( ploughmen ) , Vapa ( Sower ), Dhanyakrit (Husker), Gopa
or Gopala (Cowherds), Avipala or Ajapala (Goatherd) , Pasupa (herdsmen) etc. Women
workers usually helped their men-folk and some of them were also employed as Upalapraksini
(groat-makers).

11
"Hindu Tribes and Castes " M. A. Sherring-Vol. III. Page 293.
12
"Ancient Land"-Maine (1930) Page 17.
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Among other occupations which were allotted to the Vaishya were money lending, trading and
industrial occupations. The use of such words as Vanija, Vanijya, Kusidin etc. in ancient books,
particularly in reference to the people of the Vaishya Varna, is its proof. Kautilya's
Arthashastra, Manu smriti and other scriptures also lend their weighty support to such views.
Industry was thus the main occupation of the Vaishya.

Among the important industrial occupations in which people of ancient India were engaged,
the Smelters, Smiths, Potters, Bow makers, propmakers, Carpenters, Stone-carvers, Carvers,
Basket makers, Jewellers, Dyers, Weavers, Embroiders, Chariot-makers, Rope-makers, and
Wine-distillers, etc. deserve special mention.13

Women predominated in embroidery, spinning and weaving. Manual and unskilled

occupations were considered to be low and were thus left for the Shudra.

But the Shudra could also follow some of the vocations of a Vaishya he could engage in
agriculture, carpentry, cattle rearing, trade, drawing and painting, dancing and singing and
playing on musical instruments as appears.14

Among other arts and crafts and the work that a Shudra could do the following are traceable
from the Muga-pakha Jataka :

(1) Weaving of cotton cloth, woollen blankets and silk

(2) Mining

(3) Carpentry

(4) Masonry

(5) Singing, dancing and acting

(6) Menial work e. g. the work of bath servants, shampooers, barbers, washer men, scavengers,
news runners, household servants, utensil-cleaners etc.

(7) Potters

(8) Dyers

(9) Basket-makers

13
YajnavaJkyasmriti
14
Shanti parva 295.4
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other services like those of soldiers, troopers, scribes, charioteers, agricultural labourers etc.]
Some passages of the Apastamba Dharam sutra, Manu smriti and Vishnu smriti state that food
cooked by a Shudra, who was not impure, could be taken. Thus, Apastamba Dharam sutra
states that a Shudra supervised by Aryans (Dvija) could work as a cook after shaving his hair
and beard, paring his nails and bathing.15

Manu smriti, Yajnavalkyasmriti and Vishnu smriti laid down certain categories of Shudra food
cooked by whom could be taken by the Dvija e. g. food cooked by a Shudra partner, family
etc.16

We thus find that the Brahmana class was mostly engaged in astrology, teaching, medicine and
religious and sacramental occupations the Kshatriya class, being the warrior class, was
employed for defence and administrative purposes, the "Vaishya" engaged in money-lending,
agriculture, arts and crafts, while the Shudra did menial jobs and also worked as industrial,
agricultural and pastoral workers.

The supply of labour was mainly from three sources :

(1) Slaves (Dasa or Dasyu) -Menials

(2) Shudra (Menials cum unskilled industrial workers ) and

(3) Vaishya ( Craftsmen )

Though Shudra alone were the serving class yet men of the higher varna could also take up
the vocation of a Shudra.

There is some evidence in the Smritis and dharma shastras for regarding a Brahmana, who did
not perform "Sandhya" or who was not learned in Veda or who had permanently become a
money-lender, an artisan, actor, cowherd or a servant, like Shudra and it was enjoined on a
king of religious disposition to give the work of a Shudra or a labourer to such Brahmana.17

Thus we find that under certain circumstances Dvija also formed a part of the labour force in
ancient India.

15
Naradsmriti 4.58,Sacred Books of the East-Vol. 11-Page 104,.
16
Yajnavalkyasmriti I. 20
17
Vashistha Dharmashastra Ch. Ill 1/2
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INSTITUTION OF SLAVERY IN INDIA:

It is traceable even to those days when India was regarded as the most enlightened among the
family of nations. Slavery then existed not only in India but in countries of glorious antiquity
like Greece, Egypt, Rome and Babylonia.

It existed as a general feature of the social life of the primitive people in Malaya Archipelago,
Indochina and Africa and as lin institution which probably needed no change or to which no
ethical approach was considered necessary.

Slaves were supposed to have been pre-ordained by nature or divine decree to toil in order that
the favoured few could live "in ease and affluence".18

The fact that slavery existed in ancient India, admits of little doubt but whether conditions were
so condemnable as in Rome is very much doubtful.

We find numerous quotations in the Rig Veda regarding " Dasa " "Dasyu '* or the slaves. These
" Dasa " or " Dasyu "who were either captives of war or people of low mentality were regarded
as " Anarya "the enemies of the Aryan ( the law abiding people ) ; that was the reason for their
being kept in servitude. There is ample evidence to prove that even in the Rig Vedic days,
ownership of slaves could be transferred from one aryan to the other.19

The Vidurapandit Jataka gives us the four classes of slaves viz.

(a) Children of slaves ;

(b) slaves for food and protection ;

(c) purchased slaves and

(d) those who accepted others as their masters.

On the other and Namasiddhika Jataka shows how cruel the masters and mistresses were to
their slaves. That the master had the power to imprison or brand his slave is proved by the
Katahaka and Cullasethi Jatakas.

18
Encyclopaedia of the Social Sciences Vol. XIV Page 74
19
Rig Veda VIII - 56.3
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Sattubhasta Jatakas refer to the prices of slaves. All these go to prove that slavery existed in
ancient India. The Apastamba Dharmasutra which prohibited the sale or purchase of slaves by
Brahmanas also lends its support to this belief.

It is further corroborated by some characters in ancient dramas, for example the characters of
Sthavaraka and Madanika in "Mrichchhakatika" of Sudraka bear testimony to the existence of
slavery in ancient India.20

Despite so much evidence to support the contention that the institution of slavery existed in
ancient India, we would be erring if we said that slavery.

Slave labour was usually employed to serve as agricultural or unskilled industrial labour and
as domestic labour (menials) but unlike other workers slaves were bereft of their freedom.

Ancient Indian jurists distinguished between different kinds of slaves ; for example, we find
four types of slaves being enumerated in the Vidura-pandita Jataka viz.

(1) children of slaves ;

(2) slaves for food and protection ;

(3) purchased slaves and

(4) voluntary slaves.

In Manu smriti, however, a distinction is drawn between seven kinds of slaves captives of war
those serving for their maintenance children of slaves, presented or inherited slaves and those
enslaved by way of punishment.

Similarly, it has been stated in Naradsmriti that "any person born of a female slave in the house
of her master, purchased, received as a gift or inherited, kept maintenance during a period of
dearth and famine or pledged by a person with another person in return of a loan, was a slave".

Besides, any person who failed to meet his financial obligation, was a prisoner of war or had
been won over in a wager or had volunteered to embrace slavery was a slave similarly, a person
who embraced slavery for his maintenance or with a view to marry a female slave or who had
sold himself was also regarded a slave.

20
Manu smriti-Ch. VIII-413. In Kautilya's times a Shudra could not force to accept slavery or do the work of a
slave.
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KAUTILYAN REFORMS:

The first reform, in the field of slavery, that Kausalya sought to bring about was to impose a
ban upon the sale or purchase of children as slaves.

Any person pledging or selling his own minor children or children of his relatives as slaves
was heavily fined. If a Shudra sold a minor, he was fined twelve "pana" if a Vaishya, a
Kshattriya or a Brahman committed the same crime twice, thrice or even four times heavier
fines were imposed on them by way of punishment.21

"These regulations prevented a master from taking undue advantage of the helplessness of the
slaves and also helped in the amelioration of the conditions of employment of female slaves.

The State extended its helping hand to male slaves as well and tried to protect the honour of
those respectable persons who were forced by circumstances to embrace slavery. Such men
could not be required to do low and ignoble work, and if they were forced to do it, they
automatically became free under the law of the day.

The children of an Arya, who had sold himself as a slave, however, continued to be regarded
as Arya.22

Bindusara and Ashoka also tried to maintain such ameliorated conditions of the slaves as is
evident from the 9th Rock Edict of Emperor Ashoka, in which it is stated that the Law of Piety
consists of, among other things, the improvement in the conditions of the slaves and a guarantee
of kind and human treatment of slaves and hired servants.

The condition of slaves, however, began to deteriorate in the post-Mauryan period. Indian
masters were now, more or less, following the ways of the Romans.

Taking of low and ignoble work was legalised. It was latter laid down in the Naradsmriti that
the sages had made a distinction between five types of attendants of which students,
apprentices, hired servants and officials were regarded as labourers (karmakara) and were
required to do only pure work ; in the fifth category of attendants fell the slaves who were
required to do all sorts of impure work.

21
Kautilya-"Arthshastra" -Pt. Ill CK 13 Prakaran 65-07
22
Kautilya-"Arthsha3tra"-Pt. Ill Ch. 13 Prakaran 65-26
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The slaves were now not only required to do low work but were also mercilessly beaten on
their failure to obey the master.23

They were also deprived of all proprietary rights which Kautiljfe had so generously granted to
them. It has been made quite clear in some of the scripts, supposed to be written after the "
Arthashastra ", e.g. Manu smriti, Yajnavalkyasmriti, Naradsmriti etc. that a slave could not
acquire proprietary rights during the life-time of his master and whatever he earned or acquired
belonged to the person to whom they belonged. We, thus, find stated in Manu smriti.

An identical verse appears in Naradsmriti. At another place in Manu smriti it has been laid
down that a Brahman could confidently seize the goods owned by a Shudra, who was his slave,
since the slave was not supposed to have any.

It makes the position of the slaves all the more clear. We, however, find a verse in a latter
scripture wherein it is declared that the only wealth in which a slave could claim proprietary
rights was the purchase price that the master paid him (for his purchase) and the gifts from the
master.

Though a small degree of proprietary rights were given in later years, yet other limitations to
which the slaves were subject were far from satisfactory.24

Slaves had the right to give evidence in a court of law in case qualified witnesses or proper
evidence were not available and his evidence was respected by the courts.

The foregoing discussion makes it abundantly clear that in India slaves were usually not
exposed to inhuman and barbaric treatment nor were they cruelly and deplorably exploited as
in Greece and Rome. It was so because slavery never became the sole basis of the economic
life of the ancient Indians.25

23
Naradsmirti Ch. V 2. 3. 4. 5. 6 and 7
24
Katy Ayana Ch. V 723
25
Cambridge History of India- Vol. I Page 205
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LABOUR IN AGRICULTURAL AND ALLIED OCCUPATIONS IN ANCIENT INDIA:

Though agriculture had come to be the chief occupation of the people yet information regarding
agricultural labour in ancient India is rather scanty.

We do not find much information regarding the employment of men on the fields probably for
the fact that agriculture itself was the occupation of more than fourth-fifths of the population
and that the number of labourers employed for wages on the farms was comparatively less.
Agriculture was considered to be an honourable profession and hence people liked to engage
in this profession themselves rather than employ labourers and get the work done through them.

Self-sufficiency was existent to a great extent and, probably, there were only a few persons
who could be called landless or who were available for employment on the farms or else-where.
Only a few rich and wealthy people, owning large tracts of land, could afford to engage
labourers or keep slaves to do agricultural work for them.26

We find a reference, in the Atharva-veda, to the employment of Desis and slave girls for
agricultural operations. 'This practice of employing labourers or slaves on the fields gained
more popularity in the latter years but there is nothing to prove that slavery ever became the
sole basis of the agricultural economy in ancient India.

As the time passed by, a class of landless labourers began to grow up and the society also came
to be split up into four rigid divisions (varna: ). The fact that the agricultural vocation came to
be allotted to the people of the Vaishya Varna is evinced by various Samhitas and
Dharmashastras.

For example, we find stated in Sankha Samhita that "Trade, Agriculture and rearing of cattle
are the specific duties of a Vaishya" in Gautam's Dharmasutra that people of Vaishya Varna
were authorized to carry on trade and agriculture, rear cattle and lend money and in the
Vashistha Dharmasutra.

In Harita Samhita it is likewise stated that a Vaishya ought to tend cattle, trade and engage in
agriculture. As most of the Vaishya were moneyed people it was becoming almost customary
with them to employ the landless labourers, usually Shudra (since they owned nothing and if
they did it was for the benefit of the Dvija ) and the slaves for -agricultural operations.

26
Sankha Samhita Ch. I 4 2. Gautama Dhama sutra Ch. X 49
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Conditions Of Employment:

The conditions of employment of agricultural labour differed with the status of the workers
whether they were wage earners or slaves.

Slaves usually got their maintenance only in return while the wage earners got their stipulated
wages. Another striking difference between the two was that, unlike slaves wage earners were
not twenty four hour servants of their employers and were not bereft of their freedom.

Usually the wages of agricultural workers were fixed at the outset but in case their wages could
not be so fixed, the workers were entitled to a share (generally one-tenth) in the profits or
produce etc. For example, we come across the following observation in "Arthshastra”27

But Brihaspati seems to have differed slightly from other law-givers in certain respects ; for
example he allowed a certain share of the produce or milk etc., by way of extra consideration
even to those workers who worked for wages Thus, a fifth share was given to those workers
who got food and clothes as well, whereas those who served for a share of profits or produce
were entitled to a third share.

Relations with Master:

The relations between landowners (employers) and the tillers of the soil (agricultural workers)
appear to have been harmonious enough in ancient India.

While dealing with wages and industrial relations elsewhere in this book, I have pointed out
that the employers were punished on their failure to pay wages when due at the same time the
worker was also required to be loyal and sincere to his work. Severe punishment was awarded
on their refusing to, or on abstaining from, work even the slightest mistake was not allowed to
go unpunished. An idea of the nature of punishment for abandoning work can be had from the
following If there were any differences, over the question of wages, between the masters and
the labourers the matter was decided on the basis of the evidence available or according to the
work performed.28

An idea of the wages that were payable in cash to the agricultural workers can be had from
Kautilya's Arthshastra, wherein, at one place.

27
Kautilya- "Arthsbastra'XPfc. II Oh. XXIV
28
Kautilya-"Arthashasbra" Pt. II Ch. 24-38. 39 13. Naradsmriti - Ch. VI 4.
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HERDSMEN:

Closely connected with the agricultural occupation was the vocation of tending cattle of which
we find enough evidence even earlier than the period of definite settlements. In the Vedic and
post-Vedic ages, as also in the latter centuries, enough importance was attached to this
occupation.29

We find references to cattle-rearing not only in the Veda, various Samhitas and Jatakas, but
also in epics like Mahabharat and Ramayana. Cattle rearing, like agriculture, was also the
occupation of the Vaishya varna as would appear from the earlier part of this chapter where
various quotations were given from Sankha Samhita, Harita Samhita, Gautam's Dharmasutra
and Vashishtha Dharmasutra in support of this belief.

Though cattle-rearing was an important occupation of the people of the Vaishya varna, yet we
find them engaging workers for protecting and grazing their cattle and for dairying purposes.30

Wages and Conditions of work of Herdsmen:

Their wages were also fixed by contract and in the absence of any stipulation one tenth share
of the produce was given by way of wages as appears from Kautilya's Arthshastra and
Naradsmriti.

Apart from stating Nadar laid down separate rules for the regulation of wages of the herdsmen.
He ordained that a heifer was to be given by way of an annual reward to a herdsmen who tended
a hundred cows, while a mulch cow was to be given to one who tended two hundred cows ;
herdsmen were also allowed to take milk of all the cows on every eighth day.31

Wages were also payable in kind as appears from Manu smriti, wherein it is laid down that a
cowherd, who agreed to take milk in lieu of his wages, could milk the best out of every ten
cows with the permission of the Manu further observed that, where there was no other
agreement regarding wages, it ought to be regarded as the standard wage of the cowherds.

Wages of herdsmen were withheld in Kautilya's days,, if they failed to be punctual in reporting
for work.

29
Manu smriti - Ch. VIII - 231
30
Kautilya - "Arthshastra" Pt. II Ch. 29-32.33
31
Naradsruriti-Ch. VI II
 P a g e | 20

WAGES AND THE CONDITIONS OF WORK IN ANCIENT INDIA:

Workers in the past, as today, were employed for wages and wages were central to the problems
of industrial peace in those days as well.

According to the ancient authorities wages were the consideration for the performance of a
contract of service, entered into between an employer and a workman.

Wages in fact depended on the bargaining capacities of both the employers and the workers. It
appears that there was a sort of higgling between the workers and the employers for the fixation
of wages. Wage rates were, thus, the result of a process of bargaining and time and work were
the two major considerations in their determination, as is evident from the following quotation
from Kautilya's.32

Besides, some standard methods of determining wages, standardised wage rates are also
available in the ancient Indian scriptures. Thus, in case no remuneration was settled upon
earlier for the performance of work, an agricultural labourer, a cowherd and a salesman could
claim one-tenth of the produce, butter or goods respectively as his wages.

It was, however, stated by Kautilya that remuneration to the skilled persons like doctors,
pleaders, artisans, musicians etc. was to be given according to the rates prevailing at other
places or as fixed by the experts.

Manu had also fixed certain standard wage rates for persons employed by the State. For
example, he stated that maids, messengers and servants of the king ought to be paid daily at
rates varying according to the nature of their rank and services.33

Yajnavalkya also referred to the determination of wages by bargaining. He opined that a person
who made a servant work for him, without settling his wages, ought to be punished and the
servant be compensated by giving a tenth part of the proceeds of the trade.

Brihaspati, however, differed from other jurists, in respect of payment of wages where none
had been settled upon earlier. While others agreed that in such cases a tenth share of the
produce, or the profits of sale or the sale proceeds be given to the agricultural worker, cowherd
or the servant employed by a trader.

32
Brahaspatismriti -Ch. XVI- 9
33
Naradsrariti - Ch. VI - 2
 P a g e | 21

Shankaracharya, a jurist of distinction, believed to have lived near about 900 A. D.

distinguished between three kinds of servants inactive, ordinary and smart-and opined that
wages were also payable to them in the same order.34

Wages could be fixed according to time and work or according to both, as agreed upon it, thus,
appears that in ancient India both the time rate and piece rate systems of wage payments were
in vogue. Examples of both piece and time rates were given by Shankaracharya for the sake of
clarification. Thus, if the employer said to the worker "you have to carry this load and will be
paid this much", the wage was considered to have been fixed according to work and if the
employer said to the worker : "I shall pay you so much every year or every month or everyday",
the wages were said to have been fixed according to time and supposing the master said to the
worker you have done so much work in so much time, hence I shall pay you so much the wage
was supposed to have been fixed according to both time and work.

Payment of Wages:

Almost all the above mentioned jurists did agree with each other that the payment of wages
was to be made either daily, weekly, fortnightly, monthly, quarterly, six-monthly or yearly or
on the completion of work or as agreed upon. Wages could, however, be withheld in certain
cases, particularly in cases of improper or non-performance of work.

Further rules were laid down regarding payment of wages. Thus, Kautilya had, as already
stated, laid down that wages were payable according to the contract or according to time and
work, where it was not settled upon at the outset.

In case there was any disagreement at the time of payment, payment was to be made at the rates
evidenced by the witnesses, and if no witnesses were available it was to be made in accordance
with the work performed, but if any person did not perform the work properly, seven days'
wages were withheld and if inspite of all this his work continued to be unsatisfactory, the work
could be entrusted to some other worker.35

Kautilya also observed that no wages were payable to a person from whom no work was taken
even though he might have presented himself for work, for wages were paid only for work. He
admitted that he differed from other ancient authorities who held that the mere presence of the
worker was enough to earn the day's wages to him.

34
Kautilya 'Arthshastra" - Ft. HI - Ch. 13-43, 44
35
Kautilya "Arthshastra" - Pt. Ill - Ch. 14 - 15, 16
 P a g e | 22

CONDITIONS OF WORK:

We now proceed to make a brief study of the conditions of work obtaining in ancient India.
Some light on the conditions of labour in Ancient India is thrown by Kautilya's "Arthshastra".
Among the ancient law-givers, Kautilya seems to be the only person who paid due attention to
the conditions of work. Shankaracharya also deserves mention in this respect.

Though we find a number of rules regarding the payment of wages, performance of contracts
of work, regulation of women labour, leave rules and other matters concerning industrial and
labour relations, but almost nowhere do we find anything having been written regarding the
hours of work or the conditions in the state-owned or private factories where the workers were
required to work.36

It is, however contended that the conditions of work must have been congenial. Had there been
any such problem as industrial unrest due to bad conditions of work these celebrated lawgivers
would certainly have observed something with regard to the conditions of work etc.

There is one more possibility with which some authors seem to agree, and it is that in ancient
India, people were so rigidly orthodox that they considered it a sin to show even the slightest
signs of indignation. Anyone may agree with this viewpoint but I consider it to be basically
wrong because human psychology is such that if the situation becomes intolerable a person
would necessarily evince his frustration in some form or the other.

Even the threat of unemployment cannot be a deterrent, for there is always a limit to tolerance.
Thus, had the conditions of work in ancient India been unjust or taxing, these jurists, who had
given so many things good, would not have missed this side of human relations industries.

Manu said that if a person, engaged to perform a certain job, failed to do the work due to illness,
but completed the same on his recovery from illness, he was to be paid his full wages for the
period of his absence.

INCENTIVES:

The labourers were also amply rewarded for turning out a greater quantity of quality work. We
find quoted in the Yajnavalkya Smriti whereby an obligation was laid on the employer to pay
the worker something more than the fixed wages if he turned out a greater quantity of work.

36
Kautilya "Arthshastra" - Pt. Ill - Ch. 14 - 3, 4 50. Manu smriti - Ch. VIII - 216
 P a g e | 23

Kautilya also favoured the idea of giving something by way of reward to the workers in order
to keep them pleased as is clear from the following :

Which means that the head of the spinning and weaving department should keep the workers
pleased by giving them rewards etc.; similarly, we find Shukracharya laying down that the king
should give the servants one eighth of their wages by way of reward Skilled and efficient
workmen were meted still better treatment as appears from the following This not only shows
that the skill of the worker was given due cognizance but also Thai incentives were provided
to do better work. On the whole, we can say, that the conditions of work and wages in ancient
India were not unsatisfactory.

TECHNICAL AND VOCATIONAL TRAINING IN ANCIENT INDIA:

It's a truism that no art can be learnt without proper guidance and training. This fact was also
realised in ancient India and that was why enough importance was attached to technical and
vocational training in those days. We find enough evidence of the fact in ancient scriptures that
men (particularly Vaishya) were given training in various arts and crafts either in the guilds or
at the houses of the expert artisans, who, in their capacity as instructors, were known as
Acharya or Guru. We find references to Acharya and their "Antevasi" ( apprentices ) as early
as the periods represented by Jatakas. For example, references to the apprentices are found in
the Varuni and Kusa Jataks. This system of apprenticeship for technical or vocational education
has lasted even upto this day.37

Yajnavalkya, for example, observed that an apprentice, after finishing his technical education,
had to remain at his master's place for completing the stipulated period , receiving his
maintenance from the master and giving him the proceeds of his skilled labour It thus appears
that there was some sort of a contract between the Acharya and the Antevasi with regard to the
period of apprenticeship and it was settled before the trainining was initiated.

The apprentice had, thus, to stay at the house of his Acharya to complete the period agreed
upon and to work for him in return of the maintenance. Whatever return his technical skill and
efficiency brought in, during the stipulated period, belonged to the Acharya. The work that the
apprentice did for the Acharya, in the latter’s house or workshop, more than compensated the
master, for the food, clothes and shelter that he provided to the apprentice. 38

37
Yajnavalkyasmriti~Ch. 11-184. In the Mitakshara commentary on Yajnavalkya the duties laid herein have
been made still more clear.
38
Katyayana in Apararka on Yajnavalkyasmriti-84
 P a g e | 24

Yajnavalkya, however, did not mention anything about the fees that was payable to the Acharya
on completion of the training, nor did he mention anything about the relations between the
Acharya and the Antevasi.

From the above, it is clear that in ancient India due importance was given to the training of
artisans and that proper facilities for the same were available.

One more point also comes to light and it is that though apprentices were regarded only as
labourers (Karmakar)yet (since the persons who went to learn the art of a craft from Acharyas,
were only small boys in their early teens) due care was taken to see that they did not feel that
they were devoid of parental love at a time they needed it most.

Probably that was why the Acharyas were charged with the duty of treating the apprentices as
their sons and keeping them with themselves as members of their families.

By the time the training came to be over, the young apprentices grew up into active youths and
could take decisions regarding their future lines of action. The nature of apprenticeship in the
past differed from the apprenticeship of today in as much as the apprentice, in the past, got his
maintenance from his master and was free to decide whether to stay with the master or not after
the period of training was over, while today, in some cases, the apprentice gets nothing as
maintenance and is often unfree to serve another employer.

The close personal touch which existed between the Acharya (master craftsman or employer)
and Ante-vasis (apprentices) is conspicuous by its absence under the present factory system.39

39
Graves : "A History of Education"-Vol. II - Page 97 10. Naradsmriti-Ch. V-3
 P a g e | 25

WOMEN AND CHILD LABOUR IN ANCIENT INDIA:

A perusal of the Smritis and other ancient Indian scriptures reveals that women were employed
either as

(1) Dasi (slaves or maid servants)

(2) Ganika

(3) Karmakar (hired workers in agriculture and industry).

While dealing with slavery, earlier some ‘references which testified to the existence of female
slavery in ancient India were given. The following verses go to prove the existence of female
slaves in ancient India. Besides these, we find a reference to the recognition of the sale and
import of slaves in the Agni-Purana wherein imposition of import duties on female slaves.

According to the time and country of their origin, was prescribed. Moreover, the rules laid
down for regulating slavery by the various law-givers are also proof of the employment of
females as slaves or Dasis.40

Women were also employed as maid servants to perform such work as sweeping the floor,
cleaning the vessels, waiting on the mistress or attending the master. The Dasis in King's
employ were to look after the King's welfare and to please him.

Women in ancient India were also engaged as Ganika. We find references to such Ganikas in
Sudraka's "Mrichchhakatika" and in Dandi’s "Dasa-Kumar-Charita". These Ganikas were
charming, beautiful, graceful, gay, witty, comely and spruce blondes charged with the duty of
pleasing their paramours, and if employed in stately courts with that of pleasing the King by
their services, such as carrying of umbrellas, fans, scents etc., pressing the feet or the body of
the King, bodily services or by their presence,

The late Dr. Beni Prasad, in his book 'The State in Ancient India", observed that in Harsha's
time "the tradition of keeping women attendants was maintained. There were female cowrie
bearers and shampooers. These women attendants were either Ganikas or Dasis. When these
Ganikas became old, their services were utilized for cooking or for training new Ganikas.41

40
Kaulilya Arthshastra"-Pt. II-Ch. 25-Prakaran 42-16
41
Kautilya Arthasastra"-Pt. II~Ch. 27-Prakaran 44-7
 P a g e | 26

The King's subjects could also engage Ganikas for recreational purposes on paying the
stipulated fee. The system of employing women as Deva-Dasis, which is still found in the
South Indian temples, was widely prevalent in ancient India. References to the employment of
such Deva-Dasis at the temple of Mahakal in Ujjayani are found in Kalidas's Meghadoot; such
Dasis were also kept in some temple of Sun-God at the time Hiuen Tsang visited India.

WAGES OF WOMEN WORKERS:

The problem of wages is probably the most important problem in the labour economy of any
country.

We, therefore, pass on to the problem of wages of female workers in ancient India. Though we
do not find any authoritative reference to the existence of disparities between the wage rates of
male and female workers, and though it is contended that the rules for the determination and
payment of wages to women workers were essentially the same as for the male workers, yet it
would be well to review them briefly here.42

Wages were payable to women workers either on piece or time basis. It goes without saying
that in cases of piece work due consideration was given to the quality of product. The
Sutradhyaksha was, thus, obliged to determine the wages according to the quality and also the
quantity of the yarn spun out by the worker as appears from With regard to the payment of
wages to women workers.43

Kautilya observed that wages were immediately payable to those women spinners who brought
the yarn (spun by them at their residence) to the factory early in the morning.

It would, however, be appreciated that no wages were payable to any worker-male or female-
unless the work was completed.

Mere presence in the factory was not enough to earn the day's wages. Deductions were also
made from wages if the work was left incomplete or if there was any It is also evident from it
that Kautilya favoured taking of work on holidays on payment of extra renumeration.

42
Kautilya-'Arthsha8tra''--Pfc. II - Ch. XXIU-Prakaran 40-3.4
43
Kautilya-"Arth8bastra"-Pt II - Ch. XXIII ~ 6.
 P a g e | 27

CHILD LABOUR:

Though there is little evidence of the employment of children for wages, but if child slavery
could be regarded as that, the existence of child labour in ancient India cannot be denied. Slaves
of tender age, often less than eight years of age, were owned for doing low and ignoble work.
Children of slaves were born as slaves, lived as slaves and died also as slaves unless the master
was pleased to manumit them. It has been noticed that almost all the law-givers, with the
solitary exception of Kautilya, were silent on this point, and did little to abolish this inhuman
practice of keeping child slaves.

Child slaves could be purchased or sold like commodities. While dealing with slavery I pointed
out to the sentence wherein Kautilya stated that the purchase or sale of children as slaves was
not forbidden amongst the Mlechchas for they were backward and savage but an Arya child
could in no case be allowed to remain a slave44

In case a child born of an Arya ( not of a slave ) was sold or purchased or pledged with someone,
both the parties to the deal were punished, even the witnesses to it were not spared punishment
they were awarded various degrees of punishment according to their social status as would
appear from the following: Probably Kautilya also realized that slave children were not much
different from Arya children and that they were not physically fit, to carry out the ignoble duties
of the slaves and that allowing the sale or purchase of slave children of less than 8 years of age
would tantamount to inhumanity. Inspired by such feelings, he prohibited the purchase or sale
of slave children of less than 8 years of age.

44
Sankha Samhita Ch. I 4 2. Gautama Dhama sutra Ch. X 49
 P a g e | 28

SOCIAL SECURITY IN ANCIENT INDIA:

The concepts of "Welfare State" and social security measures, which appear to be of very recent
origin, were well known to the people of India as far back as the 3rd century B.C..

It would not be a mistake to assert that provision for pensions, disablement benefits, sickness
and maternity benefits, provident funds, maintenance allowances etc. were made in those good
old days.45

It would, however, be relevant to point out that these measures were largely applicable to the
workers in the employment of the State and not necessarily to all, though instances are not
wanting where the employers provided maintenance to the families of old workers and to the
workers themselves.

Moreover, the institution of joint family, which had existed among Hindus,- since the times
immemorial, was in itself an important measure of social security which provided maintenance
to the widows and orphans and to those disabled on account of old age or otherwise.

Among the ancient celebrities who distinguished themselves in jurisprudence and state-craft
and also had the distinction of making provision of social security measures for the workers,
the names of Kautilya, Manu and Shukracharya are outstanding the work of Shukracharya,
however, deserves special mention in this regard.

Though it is believed in some quarters that, at the time Shukraniti came to the written, there
must have existed an acute shortage of labour force because of which Shukracharya was
compelled to make such elaborate provision for the labouring classes as he did; opinions are,
however, divided on this point because it is believed that Shukracharya was backed by a
genuine desire to do good as appears from some of the verses of Shukraniti.46

Pensions and old age benefits :

It appears from Shukraniti that provision for old age was also made in ancient India and the
facilities of both, pensions and provident funds, were given particularly to those in the
employment of the State. Thus, we find stated in Shukraniti if the idea of the payment of

45
Manu smriti-Ch. VIII – 216
46
Manu smriti-Ch. VIII - 217
 P a g e | 29

pensions equal to half the wages to persons who had served for forty years is unmistakeably
suggested here.

Similarly, the idea of deductions from wages by way of contributions to the provident funds is
suggested by the following verse meaning thereby that the employer could deduct one sixth or
one fourth of the wages of the workers and pay back half or the full amount after two or three
years. Thus, we find that the workers could, in a way, be compelled to save something every
month which served as a provision for their future. We would, hence, be justified in saying that
pensions or provident funds, were not unknown to the ancient Indians.

Family pensions and Maintenance allowances :

Kautilya and Shukracharya had also promulgated rules providing for family pensions and
maintenance allowances to the widows or orphans; widows and minor children of the workers
could thus be saved from becoming destitute in case of death of their bread-winners.

Thus, according to Kautilya, the wages of those who died in harness were payable to their
wives or children and the King (or the employer) was charged with the duty of being kind to
the children, aged and diseased dependants of the deceased workers, and of giving financial
help to the workers in cases of births or deaths in their families.

In case the King (or the employer) fell short of cash he could make such payments in kind (e
g. cattle, land etc.), but large payments in gold were not permitted as is evident from the
following :The idea was probably to provide them with permanent means of livelihood.47

BIBLOGRAPHY:

 Aiyangar, S. K. Ancient India

 Ambedkar, B. R. Who were Shudras?
 Mazumdar, R.C. Ancient Land

47
Sankha Samhita Ch. I 4 2. Gautama Dhama sutra Ch. X 49
 P a g e | 30

 Mazumdar, R.C Child Labor

 KAUTILYA’SARTHASASTRA
https://csboa.com/eBooks/Arthashastra_of_Chanakya_-_English.pdf