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Rights of Women (स्त्रीत्वाधिकारः) (view source)

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== परिचयः ॥ Introduction ==

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The Bharatiya Parampara enumerates various [[Values Based On Dharma (धर्माधिष्ठितगुणाः)|virtues]] as fundamentals or characteristics of [[Dharma (धर्मः)|dharma]] that should to be practiced by all. Among them, 'respect for women' is one of the most cherished values of life. Women were considered as divine treasures for family life. For, they are entrusted with the responsibility of motherhood by nature. An understanding of the intense love and affection of a mother for her children, and her readiness to make tremendous sacrifices for the sake of her children led to the evolution of a cultural value of regarding mother as a devata (divinity). Furthermore, as every woman is a potential mother, even small girls came to be addressed with respect as Ma, Amma etc., that mean mother. Once the value that 'every woman is motherly' is ingrained in the heart of an individual, immoral thoughts of committing any offence against woman gets destroyed. In fact, despite the declining moral values in recent years, this value, cultivated and inculcated diligently in the hearts of individuals, is acting by and large, as the greatest protection for women against the immoralities prevalent in the society. Thus, creating and maintaining this value has been one of the most valuable contribution of the ancestors of [[Bharatavarsha (भरतवर्षम्)|Bharata]].<ref name=":2">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref>

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The Bharatiya Parampara enumerates various [[Values Based On Dharma (धर्माधिष्ठितगुणाः)|virtues]] as fundamentals or characteristics of [[Dharma (धर्मः)|dharma]] that should to be practiced by all. Among them, 'respect for women' is one of the most cherished values of life. Women were considered as divine treasures for family life. For, they are entrusted with the responsibility of motherhood by nature. An understanding of the intense love and affection of a mother for her children, and her readiness to make tremendous sacrifices for the sake of her children led to the evolution of a cultural value of regarding mother as a devata (divinity). Furthermore, as every woman is a potential mother, even small girls came to be addressed with respect as Ma, Amma etc., that mean mother. Once the value that 'every woman is motherly' is ingrained in the heart of an individual, immoral thoughts of committing any offence against woman gets destroyed. In fact, despite the declining moral values in recent years, this value, cultivated and inculcated diligently in the hearts of individuals, is acting by and large, as the greatest protection for women against the immoralities prevalent in the society. Thus, creating and maintaining this value has been one of the most valuable contribution of the ancestors of [[Bharatavarsha (भरतवर्षम्)|Bharata]].<ref name=":2">Justice Mandagadde Rama Jois (1997), [https://www.vhp-america.org/wp-content/uploads/2018/09/DHARMA_Ram_Jois.pdf Dharma: The Global Ethic], Bharatiya Vidya Bhavan.</ref><ref name=":3">M.Rama Jois (2004), Trivarga, Mumbai: Bharatiya Vidya Bhavan.</ref>

== स्त्रीत्वमानः ॥ Respect for Womanhood ==

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Manusmrti says, <blockquote>पिता रक्षति कौमारे भर्ता रक्षति यौवने । रक्षन्ति स्थविरे पुत्रा न स्त्री स्वातन्त्र्यं अर्हति । । ९.३ । ।<ref name=":1">Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%A8%E0%A4%B5%E0%A4%AE%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 9].</ref></blockquote><blockquote>''pitā rakṣati kaumāre bhartā rakṣati yauvane । rakṣanti sthavire putrā na strī svātantryaṁ arhati । । 9.3 । ।''</blockquote>Meaning: Father protects the girl in her childhood, husband protects her after [[Vivaha (विवाहः)|marriage]] and her sons protect her in old age. At no stage should a woman be left free.

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The last part of the above verse has become the basis for the criticism levelled against Manusmrti that it necessitates women to live like slaves of men throughout their life. However, by nature womanhood is tender. There are many situations in which women/girls require greater care, protection and security. They are vulnerable to various kinds of onslaughts when left unprotected. Even now, when civilization has advanced greatly and women's performance in every field of activity is excellent, they require protection against onslaught. And that is the basis for the above verse of Manusmrti. 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.

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The last part of the above verse has become the basis for the criticism levelled against Manusmrti that it necessitates women to live like slaves of men throughout their life. However, by nature womanhood is tender. There are many situations in which women/girls require greater care, protection and security.<ref name=":3" /> They are vulnerable to various kinds of onslaughts when left unprotected. Even now, when civilization has advanced greatly and women's performance in every field of activity is excellent, they require protection against onslaught. And that is the basis for the above verse of Manusmrti. 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.

In fact, in the earlier section of the article, the respect and regard extended to women in Manusmrti, that precede the above mentioned verse in the text of Manusmrti, has already been referenced. Therefore, it is imperative to revisit the meaning and purpose of the above verse which rather seems to be 'a woman requires and is entitled to protection in every stage of life'. Correspondingly, it is the duty of the father, the husband and the sons to look after the daughter, the wife and the mother respectively.

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It is the duty of the father to look after his daughter with all care, educate her by giving due regard to her aptitude in [[64 Kalas (चतुःषष्टिः कलाः)|arts]], crafts and [[Bharatiya Sangita Shastra (भारतीयसङ्गीतशास्त्रम्)|music]] and celebrate her marriage. Thereafter, the fundamental duty and responsibility to maintain and protect her stands shifted to her husband. And when her sons come of age that duty gets shifted to them. In fact, protection and care is essential to male children and aged fathers as well. Just, a special provision is made for women. Therefore, the real intention of the verse is to declare the obligation of the father, the husband and the sons to maintain and protect their daughter, their wife and their mother respectively. It is not a directive to subjugate or dominate them. Therefore, to interpret the verse to the effect that a woman must be treated as a slave by her father during her childhood, by her husband after her marriage and by her sons in old age, that she should be deprived of freedom throughout her life and thereby, criticize and condemn Mausmrti as being against women is wholly erroneous. More so because, it is being quoted and interpreted without reference to the earlier parts and other verses in Manusmrti.<ref name=":2" />

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It is the duty of the father to look after his daughter with all care, educate her by giving due regard to her aptitude in [[64 Kalas (चतुःषष्टिः कलाः)|arts]], crafts and [[Bharatiya Sangita Shastra (भारतीयसङ्गीतशास्त्रम्)|music]] and celebrate her marriage. Thereafter, the fundamental duty and responsibility to maintain and protect her stands shifted to her husband. And when her sons come of age that duty gets shifted to them. In fact, protection and care is essential to male children and aged fathers as well. Just, a special provision is made for women. Therefore, the real intention of the verse is to declare the obligation of the father, the husband and the sons to maintain and protect their daughter, their wife and their mother respectively. It is not a directive to subjugate or dominate them. Therefore, to interpret the verse to the effect that a woman must be treated as a slave by her father during her childhood, by her husband after her marriage and by her sons in old age, that she should be deprived of freedom throughout her life and thereby, criticize and condemn Mausmrti as being against women is wholly erroneous.<ref name=":3" /> More so because, it is being quoted and interpreted without reference to the earlier parts and other verses in Manusmrti.<ref name=":2" />

The meaning of the verse becomes clearer when it is read with another provision in Manu wherein the highest respect is accorded to women. It says,<blockquote>उपाध्यायान्दशाचार्य आचार्याणां शतं पिता । सहस्रं तु पितॄन्माता गौरवेणातिरिच्यते । । २.१४५ । ।<ref>Manusmrti, [https://sa.wikisource.org/wiki/%E0%A4%AE%E0%A4%A8%E0%A5%81%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%A6%E0%A5%8D%E0%A4%B5%E0%A4%BF%E0%A4%A4%E0%A5%80%E0%A4%AF%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 2]</ref></blockquote><blockquote>''upādhyāyāndaśācārya ācāryāṇāṁ śataṁ pitā । sahasraṁ tu pitr̥̄nmātā gauraveṇātiricyate । । 2.145 । ।''</blockquote>Meaning : The [[Acharya (आचार्यः)|acharya]] is more venerable than an Upadhyaya (teacher); the father is more venerable than an acharya. But the mother is more venerable than the father.

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An analysis of the provisions concerning women in the [[Smrti (स्मृतिः)|Smrtis]] indicate that on account of the social system, a daughter, after marriage, was to become a member of her husband's family. And therefore, no share in the ancestral property of the father was provided for her by birth. However, in every other respect, special provisions had been made in favour of women.

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For example, it is well known that when the original owner of a property leaves his property unattended for a specific period of time (10 years), Manusmrti establishes that a person can claim his/her right over such a property by the doctrine of adverse possession. And this provision of the law regarding perfecting title to immoveable property by adverse possession was very strict. Only after three generations could adverse possessions be pleaded, but in respect of property belonging to women no adverse possession could be pleaded at all at any time.<ref name=":2" />

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For example, it is well known that when the original owner of a property leaves his property unattended for a specific period of time (10 years), Manusmrti establishes that a person can claim his/her right over such a property by the doctrine of adverse possession. And this provision of the law regarding perfecting title to immoveable property by adverse possession was very strict. Only after three generations could adverse possessions be pleaded, but in respect of property belonging to women no adverse possession could be pleaded at all at any time.<ref name=":2" /> The Katyayana Smrti says, <blockquote>न भोगं कल्पयेत्स्त्रीषु देवराजधनेषु च ।। ३३० ।।<ref>Katyayana Smrti, [https://sa.wikisource.org/wiki/%E0%A4%95%E0%A4%BE%E0%A4%A4%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%A8%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83#%E0%A4%AD%E0%A5%81%E0%A4%95%E0%A5%8D%E0%A4%A4%E0%A4%BF%E0%A4%83 Bhukti]</ref> ''na bhogaṁ kalpayetstrīṣu devarājadhaneṣu ca ।। 330 ।।''</blockquote>Meaning: No plea of adverse possession is tenable in respect of property belonging to women, State and Temple.<ref name=":3" />

Some of the other provisions<ref name=":2" /> made in favour of women in Property matters are as follows:

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== संहृतिः ॥ Synopsis ==

The provisions in the smrtis enlisted above dispel the doubts, criticisms and arguments that, according to Manusmrti, women were not entitled to freedom. On the other hand, they show that greater protection was given to women in the ancient 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.

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This exposition can be completed best by quoting what Kerry Brown has stated in his book, "The Essential Teachings of Hinduism", having explored the meaning of the verses in Manusmrti. He says, <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 the transmitter of culture to her children."''</blockquote>Today, 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 on 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. Thus, the important role played by women in the society is aptly acknowledged then and now.<ref name=":2" />

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This exposition can be completed best by quoting what Kerry Brown has stated in his book, "The Essential Teachings of Hinduism", having explored the meaning of the verses in Manusmrti. He says, <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 the transmitter of culture to her children."''</blockquote>Today, 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 on 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. Thus, the important role played by women in the society is aptly acknowledged then and now.<ref name=":2" /><ref name=":3" />

== References ==

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Rights of Women (स्त्रीत्वाधिकारः) (view source)

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