Till what extent a Chandala is untouchable?

Question

The Mit. on Yājnavalkya III.30 quotes a verse of Vyaghrapada that if a caṇḍāla or patita comes nearer to a person than the length of a cow's tail, then the latter must take a bath and another verse of Brhaspati to the effect: ‘a patita, a woman in her monthly period, a woman freshly delivered and a caṇḍāla should be kept respectively at a distance of one yuga, two, three and four'. As yuga is four cubits, this means that a caṇḍāla cannot approach within 16 cubits(16*50 Centimeters) of a caste Hindu Can't we reject such laws? Avoiding touch for hygienic purpose is good but isn't this too cruel?Krishna says to bow down before even Chandalas and meditate his presence in them and Gita speaks to feel others pain as ours and see Krishna alone in heart of all beings and be kind and compassionate to them. Why cant we speak to Chandalas avoiding touch at a safe distance and talk with them kindly?

Answer 1

Quoting Dālabhyasmṛti, Śrīdhara says in the Smṛtyarthasāra

संग्रामे हट्टमार्गे च यात्रादेवगृहेषु च । उत्सवक्रतुतीर्थेषु विप्लवे ग्रामदेशयोः ।। महाजलसमीपेषु महाजनवरेषु च । अग्न्युत्पाते महापत्सु स्पृष्टार्स्पृष्टिर्न दूष्यति ।।

Translation : Failure to observe rules of untouchability don't cause defilement in times of war, at the market, while travelling/in a religious procession, in temples, during festivals, at yajñas (i.e during performing charity as a part of yajña), at tirthas, while the (native) village & country is being invaded, near large amounts of water (i.e rivers, oceans, large reservoirs & floodwaters), in presence of a great person/mob, during times of arson & during times of great distress.

Devaṇṇabhaṭṭa says in the Āhnikakāṇḍa of Smṛticandrikā

Quoting Śātātapasmṛti

ग्रामे तु यत्र संस्पृष्टिर्यात्रायां कलहादिषु । ग्रामसन्दूषणे चैव स्पृष्टिदोषो न विद्यते ।।

Translation: Fault arising out of touch doesn't exists on being touched in a paved road, while travelling/in a religious procession, during conflicts & when the entire village has been polluted.

Quoting Bṛhaspatismṛti

तीर्थे विवाहे यात्रायां संग्रामे देशविप्लवे । नगरग्रामदाहे च स्पृष्टार्स्पृष्टिर्न दूष्यति ।।

Translation: Failure to observe rules of untouchability don't cause defilement at tirthas, in marriage (Note- in this case, it isn't referring to antyajas, but women in their menstrual periods irrespective of caste), while travelling/in a religious procession, while the country is being invaded and when the (native) village & city in under attack.

Devaṇṇabhaṭṭa interpreted that these verses apply only in case when the person doesn't knows that he has been touched by an untouchable. However, in the current context, it is necessary to expand the interpretation to include cases when the person does know.

One might ask, why ?

My answer, Śūlapāṇi states in Prāyaścittaviveka, quoting Devalasmṛti

यौनमौखश्रौवाणि पतितसंप्रयोगे तत्तुल्यानि भवन्ति

Translation: Interaction through the genitals (i.e marriage), mouth & śruva (with sinners) is more dreadful than having mere physical contact.

The commentator Govindānanda interprets oral interaction as simultaneous imparting & acquisition of knowledge (indicative of social acceptance) and interaction through śruva as providing service (indicative of financial transaction).

Hence it is clear that the term 'touch' in scriptures doesn't means only mere physical contact, it also covers social, economic & sexual contact.

Again as stated in the Parāśarasmṛti here, preservation of one's own life is crucial in times of distress & Kaliyuga is verily a time of distress for dharma. Under the present circumstances, if a certain amount of interaction with the quote-unquote 'degraded' people to a certain limit enables us to observe dharma in the long run, then it should be encouraged for the sake of survival.