Prasanta Kumar Sethi
“God Resides There
Where Women Are Worshiped”. Manusmrti
Abstract
When we talk about empowering women, Dharmaśastra texts discuss about women’s
property and their share in legacy. Earlier property right of women was
recognized very unpunctually in almost all civilization. For example in German
there was no question of the women holding any property. She herself was an item
in the moveable property of the husband. They were treated as simple slaves and
freedom is denied to them to live according to their wish and will. In order to
support their view they quote some laws of Manu such as na strī svatantryamhratī
means women does not deserve freedom. If it is a matter of property then
legally a son dominates the society. But In Vedic age husband and wife were the
joint owners of the household and its property. Wife was regarded as the co
owner of the family property along with her husband, which is reflected in Yāgyavalkya
Smrti. Manu also paid a great tribute to women by saying that God resides
there where women are worshiped. Manu has stated various law and rights to
empower women in Manusmrti. This
study consists of following sub topics: division of property as women’s
property. Women’s share as wife, mother, married and unmarried sister and
daughter in the division of property. The main objective of the paper is that
the women empowerment can be promoted through property share benefits and the
necessary rights and responsibility to women in order to make them independent.
Introduction
Men and women are said to be the two sides of the
same coin. They are just like the two wheels of the society. If one of the two
wheels falls defective, the society cannot get along. Social progress to some
extent is related to women progress. Both man and women have to work in
agreement in order to make the society an ideal one. The women power is
unlimited. Many instances of women power are available from history and
Purānas. Women are affectionate and she is the symbol of affection. Purāna
focuses on the killing of the demon king Mahīshāsura by mother goddess Durgā.
But if we analyze the role of women in the modern world, it seems as if they
have lost their power. Today the shadow of disappointed of women is sweeping
across the country. The position of women in the high post of society is
negligible. They are being victimized by the unfavorable environment of the
society. There has been a degradation of the unity and integrity of women. But
there is still time to set things right. If you observe that man play a
essential role for the degeneration of the women. They develop the attitude of
hostility towards women. As a result there is no harmony between men and women.
Men always try to create hurdles on the path of women and thus suppress the
women’s instincts for flourishing their personality and exposing their hidden
qualities. It is the need of the hour that the women must be conscious and come
forward to combat this situation. Now the time has come for them to be equal
with men in all spheres of life. They must not consider themselves inferior to
men. In order to set the society on the path of progress, Women empowerment is
responsible. The unity and integrity of the women helps to build an idealistic
society. Women power opens the path of women development if the women are
empowered either through education or property or finance she can scatter the
rays of knowledge through the world making others enlightened. The position of
women is not inactive, rather it is dynamic. Now women have made their presence
felt in the naval service, army, and air-force. Women have displayed their
talents in the field of science, social service art, etc.
What is
Dharmaśastra
The word Dharma in Sanskrit is highly
problematic. It is not an exact parallel to the English word Religion and the
Hindu Dharma is not mere religion in the sense that Christianity, Islam etc.
The word Dharma is derived from the root Dhr to uphold, support or nourish. In
a general sense it means that by which we live or continue to exist, that which
upholds or supports or nourishes man’s life as a human being.
God created the earth and the beings and fixed up
different duties and professions for the different castes, for the general
protection of his creation. Manu here states that the duties and obligations
that he lays down here in his work have divine origin and a proper
differentiation of karmas in the primary thing. Man is social animal and since
he cannot conceive of life in isolation, he has to live in a manner suited to
his own existence and also that of the society.
The Śastra
claims to lay down Dharma as a whole, the good and bad of actions, the conduct
of four Varnas, as also the ideal conduct of man in general. In short, by
Dharma Manu means righteousness which means right conduct in life as an ideal
human being and a permanent consciousness of the divine.
Manusmrti
Manusmrti is one of the greatest holy books in
India. It is also known as Mānava
Dharmaśastra which is consists of 2685
verses on topics as apparently varied but actually intimately interrelated in
Hindu thought as the social obligations and duties of the various castes and of
individuals in different stages of life, the proper way for a righteous king to
rule, and to punish transgressors in his kingdom, the appropriate social
relations between men and women of different castes, and husbands and wives in
the privacy of the home, birth, death, and taxes, karma and rebirth, ritual
practices and penance etc are measure
discussions.
Yājnavalkyasmrti
Yājnavalkyasmrti is also one of the best treaties
on Indian judiciary and human right. Yājnavalkyasmrti is divided into three sub
topics: Achāra (proper conduct), Vyavahāra (Judicial Procedures) and
Prāyaschita (Penance). The Mitākshara commentary of Yājnavalkyasmrti occupies a
prominent place for the author in his work has rationalized the laws in harmony
with the changing needs of society and thus significantly contributed to the
development of Hindu jurisprudence.
Women and
Dharmaśastra
In Vedic India, women enjoyed equal opportunities
with men. Girls were even initiated in to Brahmacharinam to study Vedas. Women
or girls not only studied the Vedic literature but famous women such as
Maittraī, Gargī, Ghośa, Lopāmudrā, etc had themselves composed the Vedic
versus. A women of the ancient period gained knowledge in all śāstras. They not
only participated in the śāstras equal to those of men but also acted as judges
or mediator.
Women were not only scholars and composers of
hymns, but they were also regular participants in the sacrifices of their
husbands. According to Panini, the word Patnī denotes special connection with
the husbands sacrifice. Her presence is so important that a person became
eligible for sacrifice only when he had a wife by his side. They were also participated in Upanayana
Samskar. It refers girl’s marriage only after the completion of their
Brahmachariya. Their eligibility and active participation in scarifies indicate
that the system of girls investiture of sacred thread was prevalent since the
Vedic period.
Besides that vocational training also were given
to women. For example Vidālakari (basket ball), Siri (weaver) etc... Fine arts
like vocal music, dancing etc. were mainly cultivated by ladies. Brāhmana text
frequently mentions that singing and dancing were womanly activities. Last but
not least a reference to the female soldier’s involvement in war, their heroic
feats makes us suppose that they were provided some military training also. Not
only they were able to protect themselves, but in time of emergency they faced
enemy soldiers also. The statement of a puzzled Aryan soldier strīyo hi daśa
Ayudhāni cakre (Rig. V 5.30.9) indicates that there was a female squad
also.
Women
Inheritance
Inheritance is the transmission of (right of)
material property at death. It is everywhere dominated by kinship and
conjugality. Property is usually redistributed among the relatives cooperating
in a unit of consumption and non industrial economics of production. Indeed in
this later society, inheritance involves the transmission of rights means of
production, a process critical to the reproduction of the social system itself.
The paper has divided the entire property right among two is that the right of
daughter and right of women in Property.
Rights of daughter
(married and unmarried)
Manu seems to make a destination between the
married and the unmarried daughter with regard to the right of inheritance. He
has again stated that the son and the daughters are the same, and so none else
can claim the property till one of the two is alive. It is for us to make a
comparative study of all the relevant verses and come to a conclusion in the
relative status of the Putrīkā and her son and the unmarried daughter with
regard to rights to the property.
Svebhyoanśebhyastu Kanyābhyah Pradadyubhrarah
Pruthak.
Svatsvadamśāca caturbhāgam Patitāh
Syuraditsavah... (Manu, 9-118)
The brothers shall separately give quarter part out of their
respective shares to their unmarried
sisters and failing to give them such shares, they shall become degrade in
life.
Some people have held the following view; - Three parts of
the property shall be taken by the sons and the fourth part by the daughter.
Others have held the following view; -“Truly a great benefit
is derived by the daughter from her father; if the father is alive they have
their marriage performed at tremendous expense, and if he is dead, she obtains
a share in the property”.
The same view is supported by other smrti text also the
brother who have already had their sacramental Rites performed, should perform
the same for the unmarried girls: sisters should receive from their brothers
the fourth part of their share’ Bhaginīśca
Nijādamśādrutvāmśam tu Turīyakam (Yajnavalkya 2’124): and again –“Until marriage has not been
performed, she shall receive a share; after marriage she shall be maintained by
her husband. He has again stated that the son and the daughters are the same, and so
none else can claim the property till one of the two is alive. It is for us to
make a comparative study of all the relevant verses and comes to a conclusion
in the relative status of the Putrikā and her son and the unmarried daughter
with regard to rights to the property.
Aputrobhanena vidhinā
sutām kurvīta putrikām.
Yadapatyam bhavedasyām tanmama syātsvadhākaram. (Manu. 9-127)
If a sonless man marries his daughter to another on the
stipulation that sons born of her womb shall do my SRADHAS and offer me
ablations that daughter is called a putrikā.
So the sonless father at his daughter’s marriage time has to
declare her daughter as putrikā but her son will be my son and the owner of my
property.
Yatheivātmā tathā putrah
putrena duhitā samā.
Tasyāmātmani tisthantyā
kathamanyo dhanam haret. (Manu. 9-130)
The son is as one’s own self and the daughter it equal to the
son; hence so long as she is there in her own real character, how can anyone
else take his property? It has been said that the father shall declare-‘The
child that is born of her shall be mine; and a man’s child inherits his
property; so that at the time that the farther dies; if the daughter has got no
child, it would seem that she cannot inherit his property; it is in view of
this that the present text lays down that she shall inherit it.’ so long as she
is there in her own real character’- of being meant to provide a son.
Akrutā
vakrutā vāpi yam vindet sadruśāt sutam.
Pautrī
mātāmahasa tena dadyāt pindam hared dhanam. (Manu.
9-136)
By
the son whom one’s daughter, whether married or putrikā gives birth , her
father becomes posed of a son, such a daughter’s son shall offer oblation
(srādhas) to her mother’ s father, and take property.
But in another smrti text it is found to be laid down that it
is incumbent upon very daughter’s son to offer the cake to his maternal
grandfather; - so also on behalf of the mother’s fathers’ and in the present
verse also, if we ignore the fact of its occurring in a context dealing with
the ‘appointed daughter’, and bear in mind the words of the text itself, it
appears only reasonable to take, as pertaining to takes and the inheriting of
property. In another text also, it has
been declared that ‘the daughter’s son shall take the entire property etc.,
(Manu, 9.12)”.
If the appointed daughter happens to die without a son, the
husband of that appointed daughter may, without hesitation, take that property.
Dauhitro hrākhilam
rikthamaputrasya piturharet
Sa eva dadyaddvau pindau
pitre mātāmahāya ca. (Manu. 9-132)
The daughter’s son should inherit the property of the sonless
father; he shall also offer two cakes to the ‘father’ and to the ‘maternal
grandfather’.
Rights of women
Yajnavalkya states that the same share should go to the wives
if the man divides himself with his sons and the wives should be made to get
almost an equal share with the sons together with the Srtīdhana of course.
Anyway, she ultimately gets the same share as the son. No such statement is
found in Manu. It is again, Yajnavalkya who lies down that in case of the
failure of the son etc. the wife and etc are the regular heirs. No such
positive statement is found in Manu, the commentators and various interpreters
do not guide us rightly here and it is stated that Yajnavalkya is the first to
give that right to the wife and her honourable right in the property of her
husband. It is for us to see how far it is possible to conclude in a similar
manner from the Manusmrti. It will be for us to see how far we can further
clarity the view of Kulluka that Manu takes for granted the right of the wife
in the property of her husband.
Mātustu
yotakam yat syāt kumārībhāga eva sah.
Dauhitra
eva ca haredaputrasyākhilam, dhanam. (Manu. 9-131)
Whatever may be the separate
property of the mother like dowry is the share of the unmarried daughter alone
and the daughter’s son shall inherit the entire property of the man who has no
son.
The term ‘yautuka’ is applied to the separate property of a
woman; of which she alone is the sole owner others apply it to only what she
receive at marriage, and not to all that belongs to her; as it is only over the
former that she has an absolute right; as it is said that ‘woman becomes their
own mistresses, on obtaining presents at their marriage’. So all the dowry and
property will go to her daughter and grandson.
Bhajeranmātrukam
riktham bhaginyaśca sanābhayah. (Manu. 9-192)
On the death of their mother all the uterine brothers and
their unmarried sisters equally partition the maternal property among them, and
let them give quarter parts of their respective share to their married sisters.
Anvādheyam ca yad dattam
patyā prītena caiva yat.
Patyau jīvati vruttatāyāh
prajāyāstadhanam bhavet. (Manu. 9-195)
Given to her after marriage by her parents, husbands parents
and relations as well as those given to her by her husband out of love, let her
sons divide among themselves, if she happens to die in the life time of her
husband.
Conclusion
Women’s Strīdhana is a sacred trust over which no one except her has a
right. The share of the wife in the inheritance, or that of the daughter’s sons
etc. is dependent upon the will of the main concerned. In some cases the wife
can become a custodian, or trustee of the property of the husband and the sons
have to respect her as far as she is right. So finally it can be only said that
the women empowerment have become indispensable in today’s society. No women
should lose her birth right. She could not continue as the puppet in the hands
of male members. She could continue the struggle, until she becomes equal with
men. This can become a reality only when the women of this nation become
empowered.
“You Can Tell The Condition Of
The Nation By Looking At The Status Of The Women”. Jawaharlal Nehru
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Dharmaśastra
Prasanta Kumar Sethi
Research
Scholar
Dept. of
Sanskrit,
Pondicherry
University, Pondicherry.
