Changes

By nature womanhood is tender and requires protection. For instance, one can afford to send a boy to the house of a teacher or another person for education and ask him to stay with him for ten or twelve years, i.e., until he completes his education. Ordinarily this cannot be done in the case of a girl. Doing so would be a dereliction of duty. She requires special care, protection and arrangement for her education.

By nature womanhood is tender and requires protection. For instance, one can afford to send a boy to the house of a teacher or another person for education and ask him to stay with him for ten or twelve years, i.e., until he completes his education. Ordinarily this cannot be done in the case of a girl. Doing so would be a dereliction of duty. She requires special care, protection and arrangement for her education.

If the parents desire to send their son to a far off place for higher studies, it would be sufficient for them to give an introductory letter to a person known to them or to get a letter from a friend of theirs to a person known to him and ask the boy to go and get in touch with the said person and secure the necessary help from him and to continue his higher education at such a distinct place. But, can this be done in the case of a daughter? Certainly not. Even with the advancement of civilization, most of the parents will be unwilling to send their daughters alone to a distant place for higher education with an introductory letter to anyone and asking her to contact some one and make her own arrangements. In the nature of things, it is impossible, and improper as also dereliction of duty. Therefore, whenever, a girl is to be sent for higher education to a distant place, the parents also accompany her and only after making proper arrangements for her stay and ensuring full protection to her, they come back. This is the essential difference between man and woman.

If the parents desire to send their son to a far off place for higher studies, it would be sufficient for them to give an introductory letter to a person known to them or to get a letter from a friend of theirs to a person known to him and ask the boy to go and get in touch with the said person and secure the necessary help from him and to continue his higher education at such a distinct place. But, can this be done in the case of a daughter? Certainly not. Even with the advancement of civilization, most of the parents will be unwilling to send their daughters alone to a distant place for higher education with an introductory letter to anyone and asking her to contact some one and make her own arrangements. In the nature of things, it is impossible, and improper as also dereliction of duty. Therefore, whenever, a girl is to be sent for higher education to a distant place, the parents also accompany her and only after making proper arrangements for her stay and ensuring full protection to her, they come back. This is the essential difference between man and woman.

Another illustration would be of great assistance. In a number of cases, in which poor boys go to distant places for study, in the absence of electric lights in the rooms in which they secure accommodation they go to public parks or to public buildings during night time and continue their studies late into the night at such places or till the small hours of the morning, and come back to their place of residence. Is it possible for a girl to do so? The answer obviously is in the negative.

Another illustration would be of great assistance. In a number of cases, in which poor boys go to distant places for study, in the absence of electric lights in the rooms in which they secure accommodation they go to public parks or to public buildings during night time and continue their studies late into the night at such places or till the small hours of the morning, and come back to their place of residence. Is it possible for a girl to do so? The answer obviously is in the negative.

The above illustrations are not exhaustive. There are many situations in which the women/girls require greater care, protection and security.

The above illustrations are not exhaustive. There are many situations in which the women/girls require greater care, protection and security.

It is such a difference flowing from the nature of women, who are vulnerable to various kinds of onslaughts when left unprotected which is the basis for the above verse of Manu Smriti, It does not mean that woman must be kept without freedom. Such an

It is such a difference flowing from the nature of women, who are vulnerable to various kinds of onslaughts when left unprotected which is the basis for the above verse of Manu Smriti, It does not mean that woman must be kept without freedom. Such an

interpretation runs counter to the verse, which says that the house in which women are insulted and shed tears gets destroyed. The above true meaning of the verse becomes more clear when it is read with another provision in Manu in which the highest respect is required to be given to women.<blockquote>"उपाध्यायान्दशाचार्य आचार्याणं शतं पिता |</blockquote><blockquote>सहस्त्रं तु पितृन्माता गौरवेणातिरिच्यते || " (Manu II-145)</blockquote>Meaning : The acharya is more venerable than a Upadhyaya (teacher). father is more venerable than an acharya. But the mother is more venerable than the father.

interpretation runs counter to the verse, which says that the house in which women are insulted and shed tears gets destroyed. The above true meaning of the verse becomes more clear when it is read with another provision in Manu in which the highest respect is required to be given to women.<blockquote>"उपाध्यायान्दशाचार्य आचार्याणं शतं पिता |</blockquote><blockquote>सहस्त्रं तु पितृन्माता गौरवेणातिरिच्यते || " (Manu II-145)</blockquote>Meaning : The acharya is more venerable than a Upadhyaya (teacher). father is more venerable than an acharya. But the mother is more venerable than the father.

A combined reading of the verses quoted above indicate that women were placed at a higher position. The above verse in Manu indicates that while the teacher is to be placed at a higher level, the father is to be respected more than the teacher and no place, no status which is higher than that of the mother is given to any one. These verses should be read with the earlier verse. ''So the real meaning is, the women should be honoured and protected.'' It is a humane and a duty-oriented provision, the mandate to provide security. This should not be misunderstood as making her life insecure. She should not be left open to attack by men with evil propensities, it does not mean her freedom should be jeopardised. Any meaning given to the verse to the effect that women should be denied freedom at every stage is perverse as it would be totally inconsistent with the other verses. For, if women are denied freedom and they are kept under subjugation they are bound to be in grief and tears, and as a consequence the happiness of the family disappears. Hence, a meaning consistent with the above verses alone is appropriate.

A combined reading of the verses quoted above indicate that women were placed at a higher position. The above verse in Manu indicates that while the teacher is to be placed at a higher level, the father is to be respected more than the teacher and no place, no status which is higher than that of the mother is given to any one. These verses should be read with the earlier verse. ''So the real meaning is, the women should be honoured and protected.'' It is a humane and a duty-oriented provision, the mandate to provide security. This should not be misunderstood as making her life insecure. Any meaning given to the verse to the effect that women should be denied freedom at every stage is perverse as it would be totally inconsistent with the other verses. For, if women are denied freedom and they are kept under subjugation they are bound to be in grief and tears, and as a consequence the happiness of the family disappears. Hence, a meaning consistent with the above verses alone is appropriate.

An analysis of many other provisions concerning women in the Smritis indicate that except that, on account of the social system under which a daughter, after marriage, was to become a member of her husband's family, no share in the ancestral property of the father was provided for her by birth, in every other respect special provisions had been made in favour of women. They are:

An analysis of many other provisions concerning women in the Smritis indicate that except that, on account of the social system under which a daughter, after marriage, was to become a member of her husband's family, no share in the ancestral property of the father was provided for her by birth, in every other respect special provisions had been made in favour of women. They are:

But those (male) relations, who in their folly live on the separate property of women, (Ex: appropriate) the beasts of burden, carriages, and cloths of women, commit papa (पापम्) and suffer a downfall.

But those (male) relations, who in their folly live on the separate property of women, (Ex: appropriate) the beasts of burden, carriages, and cloths of women, commit papa (पापम्) and suffer a downfall.

Even now when civilization has advanced greatly and women 's performance in every field of activity is excellent, - in many cases they have surpassed men, their responsibility to be mothers and to look after the interests of children and to make them good citizens has not decreased but has increased. Still on account of the evil propensities of man towards women, they require protection against onslaught.

 

Even now when civilization has advanced greatly and women 's performance in every field of activity is excellent, - in many cases they have surpassed men, their responsibility to be mothers and to look after the interests of children and to make them good citizens has not decreased but has increased. Still on account of the evil propensities of man towards women, they require protection against onslaught. We are seeing that atrocities on women are increasing day by day. Obscenity is spreading like wild fire through business advertisements and in various other ways. Women 's organisation are craving for protection.) - excluded.

== Right of Wives ==

== Right of Wives ==

<blockquote>समांशहारिणी माता | ''samāṁśahāriṇī mātā |'' </blockquote>Meaning : Mother is an Equal Sharer.<blockquote>समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न | सपत्नीमातृपरत्वमपि सकृत् श्रुतस्य मुख्यगौनत्वानुपपत्तेः ||</blockquote><blockquote>''samāṁśahāriṇī mātēti vacanāt mātr̥padasya jananīparatvāt na | sapatnīmātr̥paratvamapi sakr̥t śrutasya mukhyagaunatvānupapattēḥ ||''</blockquote><blockquote>(Smriti Chandrika p.624)</blockquote>Meaning: The expression 'mother' includes the step-mother, i.e., the other wives, if any, of the father. Their share was, however, liable to be reduced to the extent of stridhana in their possession. (Smrti Chandrika)

<blockquote>समांशहारिणी माता | ''samāṁśahāriṇī mātā |'' </blockquote>Meaning : Mother is an Equal Sharer.<blockquote>समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न | सपत्नीमातृपरत्वमपि सकृत् श्रुतस्य मुख्यगौनत्वानुपपत्तेः ||</blockquote><blockquote>''samāṁśahāriṇī mātēti vacanāt mātr̥padasya jananīparatvāt na | sapatnīmātr̥paratvamapi sakr̥t śrutasya mukhyagaunatvānupapattēḥ ||''</blockquote><blockquote>(Smriti Chandrika p.624)</blockquote>Meaning: The expression 'mother' includes the step-mother, i.e., the other wives, if any, of the father. Their share was, however, liable to be reduced to the extent of stridhana in their possession. (Smrti Chandrika)

(Because of this rule, the rights of paternal grandmother or step-grandmother were also similar.) - excluded.

Because of this rule, the rights of paternal grandmother or step-grandmother were also similar.

== Rights of daughters ==

== Rights of daughters ==

Kat.858, however, while repeating the rule, provides that in cases where the property is small, sons and unmarried daughters should share equally.  

Kat.858, however, while repeating the rule, provides that in cases where the property is small, sons and unmarried daughters should share equally.  

(The Hindu law governing inheritance and partition of joint family property continues to be in force subject to the modifications brought about by legislations, the latest being the Hindu succession Act, 1955 under which a daughter is an equal sharer along with the son in the property of the father.) - excluded.

The Hindu law governing inheritance and partition of joint family property continues to be in force subject to the modifications brought about by legislations, the latest being the Hindu succession Act, 1955 under which a daughter is an equal sharer along with the son in the property of the father.

=== Stridhana ===

=== Stridhana ===

=== Death sentence for rape of a woman under custody ===

=== Death sentence for rape of a woman under custody ===

Capital sentence for committing the offence of rape against a woman arrested, by an officer of the state, was prescribed (vide Kautilya Arthasastra p.256)

Capital sentence for committing the offence of rape against a woman arrested, by an officer of the state, was prescribed (vide Kautilya Arthasastra p.256)

The requirement of such severe punishment was recognised and section 376 of the I.P.C. was amended by Criminal Law Amendment Act, 1980, by which penalty of rigorous imprisonment of ten years is prescribed for the offence of the rape of a woman.

The requirement of such severe punishment was recognised and section 376 of the I.P.C. was amended by Criminal Law Amendment Act, 1980, by which penalty of rigorous imprisonment of ten years is prescribed for the offence of the rape of a woman.

The above provisions in the smritis are referred to in this book in order to dispel the doubts created by some critics who argue that, according to Manusmriti, women were not entitled to freedom, and to show that on the other hand greater protection was given to women in our laws. In fact, by placing the entire burden of maintaining the women on the father, the husband, and the son, the law totally freed her from earning and from contributing to the maintenance of the family, leaving her free to dedicate her entire time and energy to the upbringing of children, which was by itself an onerous responsibility.

The above provisions in the smritis are referred to in this book in order to dispel the doubts created by some critics who argue that, according to Manusmriti, women were not entitled to freedom, and to show that on the other hand greater protection was given to women in our laws. In fact, by placing the entire burden of maintaining the women on the father, the husband, and the son, the law totally freed her from earning and from contributing to the maintenance of the family, leaving her free to dedicate her entire time and energy to the upbringing of children, which was by itself an onerous responsibility.

This exposition can be completed best by quoting what Kerry Brown has stated in his book, "The Essential Teachings of Hinduism", having ascertained the real meaning of the controversial verse in Manu.<blockquote>''"In Hinduism a woman is looked after not because she is inferior or incapable but, on the contrary, because she is treasured. She is the pride and power of the society. Just as the crown jewels should not be left unguarded, neither should a woman be left unprotected. No extra burden of earning a living should be placed on women who already bear huge responsibilities in society; childbirth; child care, domestic well being and adhyatmik growth. She is 1he transmitter of culture to her children."''</blockquote>The important role assigned to women has been correctly identified. It is no doubt true that times have changed, we have women who are competent in various professions, avocations, competent in business, who are competent political rulers, bureaucrats, technocrats, advocates, judges and so on. But that is no reason to lose sight of the onerous responsibility of women of looking after the health and education of children or to forget the noble value of looking upon every woman as one's mother as that is the only powerful antidote for atrocities against women.

This exposition can be completed best by quoting what Kerry Brown has stated in his book, "The Essential Teachings of Hinduism", having ascertained the real meaning of the controversial verse in Manu.<blockquote>''"In Hinduism a woman is looked after not because she is inferior or incapable but, on the contrary, because she is treasured. She is the pride and power of the society. Just as the crown jewels should not be left unguarded, neither should a woman be left unprotected. No extra burden of earning a living should be placed on women who already bear huge responsibilities in society; childbirth; child care, domestic well being and adhyatmik growth. She is 1he transmitter of culture to her children."''</blockquote>The important role assigned to women has been correctly identified. It is no doubt true that times have changed, we have women who are competent in various professions, avocations, competent in business, who are competent political rulers, bureaucrats, technocrats, advocates, judges and so on. But that is no reason to lose sight of the onerous responsibility of women of looking after the health and education of children or to forget the noble value of looking upon every woman as one's mother as that is the only powerful antidote for atrocities against women.