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Rights of Women (Samskrit: स्त्रीत्वाधिकारः) discusses respect to womanhood, the responsibility of protection of women and the various provisions designed for the welfare of women in the Bharatiya Parampara.

Rights of Women (Samskrit: स्त्रीत्वाधिकारः) discusses respect to womanhood, the responsibility of protection of women and the various provisions designed for the welfare of women in the Bharatiya Parampara.

== स्त्रीत्वमानः ॥ Respect for Womanhood ==

== स्त्रीत्वमानः ॥ Respect for Womanhood ==

[[Manusmrti (मनुस्मृतिः)|Manusmrti]], in the following verse, mandates that highest respect and regard must be extended to women. It says, <blockquote>यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः । यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः । । ३.५६ । ।<ref name=":0">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%A4%E0%A5%83%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 3].</ref></blockquote><blockquote>''yatra nāryastu pūjyante ramante tatra devatāḥ । yatraitāstu na pūjyante sarvāstatrāphalāḥ kriyāḥ । । 3.56 । ।''</blockquote>Meaning : Deities are pleased with the house in which women are respected. In that house in which women are insulted and are made to suffer, every thing done is sure to go waste.  

[[Manusmrti (मनुस्मृतिः)|Manusmrti]], in the following verse, mandates that highest respect and regard must be extended to women. It says, <blockquote>यत्र नार्यस्तु पूज्यन्ते रमन्ते तत्र देवताः । यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः । । ३.५६ । ।<ref name=":0">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%A4%E0%A5%83%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 3].</ref>

 

''yatra nāryastu pūjyante ramante tatra devatāḥ । yatraitāstu na pūjyante sarvāstatrāphalāḥ kriyāḥ । । 3.56 । ।''</blockquote>Meaning : Deities are pleased with the house in which women are respected. In that house in which women are insulted and are made to suffer, every thing done is sure to go waste.  

 

 

Furthermore, it is said that,<blockquote>शोचन्ति जामयो यत्र विनश्यत्याशु तत्कुलम् । न शोचन्ति तु यत्रैता वर्धते तद्धि सर्वदा । । ३.५७ । ।</blockquote><blockquote>जामयो यानि गेहानि शपन्त्यप्रतिपूजिताः । तानि कृत्याहतानीव विनश्यन्ति समन्ततः । । ३.५८ । ।<ref name=":0" /></blockquote><blockquote>''śocanti jāmayo yatra vinaśyatyāśu tatkulam । na śocanti tu yatraitā vardhate taddhi sarvadā । । 3.57 । ।''</blockquote><blockquote>''jāmayo yāni gehāni śapantyapratipūjitāḥ । tāni kr̥tyāhatānīva vinaśyanti samantataḥ । । 3.58 । ।''</blockquote>''<nowiki/>''

Furthermore, it is said that,<blockquote>शोचन्ति जामयो यत्र विनश्यत्याशु तत्कुलम् । न शोचन्ति तु यत्रैता वर्धते तद्धि सर्वदा । । ३.५७ । ।

Hence, it is said that, men who seek (their own) welfare should always honour women with gifts, good attire and dainty food.<blockquote>स्त्रियां तु रोचमानायां सर्वं तद्रोचते कुलम् । तस्यां त्वरोचमानायां सर्वमेव न रोचते । । ३.६२ । ।<ref name=":0" /></blockquote><blockquote>''striyāṁ tu rocamānāyāṁ sarvaṁ tadrocate kulam । tasyāṁ tvarocamānāyāṁ sarvameva na rocate । । 3.62 । ।''</blockquote>Meaning : The house in which women folk are decorated with dress and jewellery shines. Otherwise, the house is sure to suffer.

जामयो यानि गेहानि शपन्त्यप्रतिपूजिताः । तानि कृत्याहतानीव विनश्यन्ति समन्ततः । । ३.५८ । ।<ref name=":0" />

In fact, the Manusmrti goes ahead to say, <blockquote>सुवासिनीः कुमारीश्च रोगिणो गर्भिणीः स्त्रियः । अतिथिभ्योऽग्र एवैतान् भोजयेदविचारयन् । । ३.११४ । ।<ref name=":0" /></blockquote><blockquote>''suvāsinīḥ kumārīśca rogiṇo garbhiṇīḥ striyaḥ । atithibhyo'gra evaitān bhojayedavicārayan । । 3.114 । ।''</blockquote>Meaning: Recently married daughters, as well as daughters-in-law, young girls as also pregnant women should be served with meals even before the [[Atithi Satkara (अतिथिसत्कारः)|guests]].

 

 

 

 

 

 

In fact, the Manusmrti goes ahead to say, <blockquote>सुवासिनीः कुमारीश्च रोगिणो गर्भिणीः स्त्रियः । अतिथिभ्योऽग्र एवैतान् भोजयेदविचारयन् । । ३.११४ । ।<ref name=":0" />

 

''suvāsinīḥ kumārīśca rogiṇo garbhiṇīḥ striyaḥ । atithibhyo'gra evaitān bhojayedavicārayan । । 3.114 । ।''</blockquote>Meaning: Recently married daughters, as well as daughters-in-law, young girls as also pregnant women should be served with meals even before the [[Atithi Satkara (अतिथिसत्कारः)|guests]].

This indicates the utmost consideration given to women in Manusmrti. For, the normal duty of Grhasthashrami (Householder) is to feed guests first and only thereafter, the owner of the house, his wife and other members of the family have food. However, the above provision shows that a young daughter or daughter-in-law who has been recently married, as also young girls and pregnant women were given such an importance and priority that they were to be provided with meals even before the guests. This indicates the highest concern shown to women and the acknowledgement of their great importance to the happiness of the family. On the whole, the above verses impress that any person who wants happiness at home and who desires that his family should prosper and secure enjoyment of life, must respect women always.<ref name=":2" />

This indicates the utmost consideration given to women in Manusmrti. For, the normal duty of Grhasthashrami (Householder) is to feed guests first and only thereafter, the owner of the house, his wife and other members of the family have food. However, the above provision shows that a young daughter or daughter-in-law who has been recently married, as also young girls and pregnant women were given such an importance and priority that they were to be provided with meals even before the guests. This indicates the highest concern shown to women and the acknowledgement of their great importance to the happiness of the family. On the whole, the above verses impress that any person who wants happiness at home and who desires that his family should prosper and secure enjoyment of life, must respect women always.<ref name=":2" />

''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.

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.

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.  

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.  

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" />

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.

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>

 

''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.

This verse 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. A combined reading of the verses quoted above indicate that women were placed at a high pedestal. Read along with the verses quoted in the earlier sections of the article, it is revealed that any meaning given to the verse to the effect that women should be denied freedom at every stage would be inconsistent with the other verses. For, if women are denied freedom and 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 verses quoted alone is appropriate. And that is, 'women should be honoured and protected'. It is a humane and a duty-oriented provision, the mandate to provide security and should not be misunderstood as making her life insecure.<ref name=":2" />

This verse 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. A combined reading of the verses quoted above indicate that women were placed at a high pedestal. Read along with the verses quoted in the earlier sections of the article, it is revealed that any meaning given to the verse to the effect that women should be denied freedom at every stage would be inconsistent with the other verses. For, if women are denied freedom and 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 verses quoted alone is appropriate. And that is, 'women should be honoured and protected'. It is a humane and a duty-oriented provision, the mandate to provide security and should not be misunderstood as making her life insecure.<ref name=":2" />

=== स्त्रीधनम् ॥ Stridhana ===

=== स्त्रीधनम् ॥ Stridhana ===

Every property movable or immoveable, given to a woman by anyone constitutes her own absolute property. Manusmrti clearly indicates that those relations who, in their folly, live on the properties of women, their conveyances and clothes (stridhana), are committing papa (पापम्) and thus, suffer downfall.<ref name=":2" /><ref>Ganganath Jha (1920-39), Manusmrti ([https://ia801603.us.archive.org/33/items/in.ernet.dli.2015.46010/2015.46010.Manusmrti--Vol-4.pdf Vol.4]), Delhi: Motilal Banarsidass Publishers Private Limited.</ref><blockquote>स्त्रीधनानि तु ये मोहादुपजीवन्ति बान्धवाः । नारी यानानि वस्त्रं वा ते पापा यान्त्यधोगतिम् । । ३.५२ । ।<ref name=":0" /></blockquote><blockquote>''strīdhanāni tu yē mōhādupajīvanti bāndhavāḥ । nārī yānāni vastraṁ vā tē pāpā yāntyadhōgatim । । 3.52 । ।''</blockquote>

Every property movable or immoveable, given to a woman by anyone constitutes her own absolute property. Manusmrti clearly indicates that those relations who, in their folly, live on the properties of women, their conveyances and clothes (stridhana), are committing papa (पापम्) and thus, suffer downfall.<ref name=":2" /><ref>Ganganath Jha (1920-39), Manusmrti ([https://ia801603.us.archive.org/33/items/in.ernet.dli.2015.46010/2015.46010.Manusmrti--Vol-4.pdf Vol.4]), Delhi: Motilal Banarsidass Publishers Private Limited.</ref><blockquote>स्त्रीधनानि तु ये मोहादुपजीवन्ति बान्धवाः । नारी यानानि वस्त्रं वा ते पापा यान्त्यधोगतिम् । । ३.५२ । ।<ref name=":0" />

In fact, the rule of succession to Stridhana was that it would go to daughters, to the exclusion of the sons and, to the sons only in the event of there being no daughters.

 

''strīdhanāni tu yē mōhādupajīvanti bāndhavāḥ । nārī yānāni vastraṁ vā tē pāpā yāntyadhōgatim । । 3.52 । ।''</blockquote>In fact, the rule of succession to Stridhana was that it would go to daughters, to the exclusion of the sons and, to the sons only in the event of there being no daughters.

=== संयुक्तकुटुम्बेषु स्त्रीणाम् अधिकाराः ॥ Rights of Women in Joint Family ===

=== संयुक्तकुटुम्बेषु स्त्रीणाम् अधिकाराः ॥ Rights of Women in Joint Family ===

=== पत्नीनाम् अधिकारः ॥ Right of Wives ===

=== पत्नीनाम् अधिकारः ॥ Right of Wives ===

[[Yajnavalkya Smrti (याज्ञवल्क्यस्मृतिः)|Yajnavalkya Smrti]] states that wives are entitled to a share 'equal to that of sons' at a partition. But the share is liable to be reduced by the amount of stridhana given by the husband or the father-in-law, if any, in their possession. It says, <blockquote>यदि कुर्यात्समानंशान्पत्न्यः कार्याः समांशिकाः । न दत्तं स्त्रीधनं यासां भर्त्रा वा श्वशुरेण वा । । २.११५ । ।<ref>Yajnavalkya Smrti, Vyavaharadhyaya, [https://sa.wikisource.org/wiki/%E0%A4%AF%E0%A4%BE%E0%A4%9C%E0%A5%8D%E0%A4%9E%E0%A4%B5%E0%A4%B2%E0%A5%8D%E0%A4%95%E0%A5%8D%E0%A4%AF%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%BE%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83/%E0%A4%A6%E0%A4%BE%E0%A4%AF%E0%A4%B5%E0%A4%BF%E0%A4%AD%E0%A4%BE%E0%A4%97%E0%A4%AA%E0%A5%8D%E0%A4%B0%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D Dayavibhaga Prakaranam].</ref></blockquote><blockquote>''yadi kuryātsamānaṁśānpatnyaḥ kāryāḥ samāṁśikāḥ । na dattaṁ strīdhanaṁ yāsāṁ bhartrā vā śvaśurēṇa vā । । 2.115 । ।''</blockquote>This rule recognized the right to share in favour of a wife and if there was more than one wife, all the wives were entitled to equal shares. Also, the amount of Stridhana to be taken into account for the purpose of reducing the share was only that which was given by the husband or the father-in-law.

[[Yajnavalkya Smrti (याज्ञवल्क्यस्मृतिः)|Yajnavalkya Smrti]] states that wives are entitled to a share 'equal to that of sons' at a partition. But the share is liable to be reduced by the amount of stridhana given by the husband or the father-in-law, if any, in their possession.<ref name=":2" /> It says, <blockquote>यदि कुर्यात्समानंशान्पत्न्यः कार्याः समांशिकाः । न दत्तं स्त्रीधनं यासां भर्त्रा वा श्वशुरेण वा । । २.११५ । ।<ref>Yajnavalkya Smrti, Vyavaharadhyaya, [https://sa.wikisource.org/wiki/%E0%A4%AF%E0%A4%BE%E0%A4%9C%E0%A5%8D%E0%A4%9E%E0%A4%B5%E0%A4%B2%E0%A5%8D%E0%A4%95%E0%A5%8D%E0%A4%AF%E0%A4%B8%E0%A5%8D%E0%A4%AE%E0%A5%83%E0%A4%A4%E0%A4%BF%E0%A4%83/%E0%A4%B5%E0%A5%8D%E0%A4%AF%E0%A4%B5%E0%A4%B9%E0%A4%BE%E0%A4%B0%E0%A4%BE%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83/%E0%A4%A6%E0%A4%BE%E0%A4%AF%E0%A4%B5%E0%A4%BF%E0%A4%AD%E0%A4%BE%E0%A4%97%E0%A4%AA%E0%A5%8D%E0%A4%B0%E0%A4%95%E0%A4%B0%E0%A4%A3%E0%A4%AE%E0%A5%8D Dayavibhaga Prakaranam].</ref>

 

''yadi kuryātsamānaṁśānpatnyaḥ kāryāḥ samāṁśikāḥ । na dattaṁ strīdhanaṁ yāsāṁ bhartrā vā śvaśurēṇa vā । । 2.115 । ।''</blockquote>This rule recognized the right to share in favour of a wife and if there was more than one wife, all the wives were entitled to equal shares. Also, the amount of Stridhana to be taken into account for the purpose of reducing the share was only that which was given by the husband or the father-in-law.

=== जननीनाम् अधिकारः ॥ Right of Mothers ===

=== जननीनाम् अधिकारः ॥ Right of Mothers ===

<blockquote>समांशहारिणी माता | ''samāṁśahāriṇī mātā |'' </blockquote>Meaning : Mother is an Equal Sharer.<blockquote>समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न | सपत्नीमातृपरत्वमपि सकृत् श्रुतस्य मुख्यगौणत्वानुपपत्तेः || (Smriti Chandrika)</blockquote><blockquote>''samāṁśahāriṇī mātēti vacanāt mātr̥padasya jananīparatvāt na | sapatnīmātr̥paratvamapi sakr̥t śrutasya mukhyagauṇatvānupapatteḥ ||''</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.

<blockquote>समांशहारिणी माता | ''samāṁśahāriṇī mātā |'' </blockquote>Meaning : Mother is an Equal Sharer.<blockquote>समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न | सपत्नीमातृपरत्वमपि सकृत् श्रुतस्य मुख्यगौणत्वानुपपत्तेः || (Smriti Chandrika)

 

''samāṁśahāriṇī mātēti vacanāt mātr̥padasya jananīparatvāt na | sapatnīmātr̥paratvamapi sakr̥t śrutasya mukhyagauṇatvānupapatteḥ ||''</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.

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

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

=== पुत्रीणाम् अधिकारः ॥ Right of Daughters ===

=== पुत्रीणाम् अधिकारः ॥ Right of Daughters ===

Daughters, whose marriages had taken place before partition, were given no right in the coparcenary property of their parents' joint family. As regards unmarried daughters, a share in the coparcenary property was recognised.<blockquote>स्वेभ्योऽंशेभ्यस्तु कन्याभ्यः प्रदद्युर्भ्रातरः पृथक् । स्वात्स्वादंशाच्चतुर्भागं पतिताः स्युरदित्सवः । । ९.११८ । ।<ref name=":1" /></blockquote><blockquote>''svēbhyō'ṁśēbhyastu kanyābhyaḥ pradadyurbhrātaraḥ pr̥thak । svātsvādaṁśāccaturbhāgaṁ patitāḥ syuraditsavaḥ । । 9.118 । ।''</blockquote>Meaning : To maiden sisters, each of the brothers shall give out of his share, one-fourth part. Those who fail to give shall become patita (पतितः).

Daughters, whose marriages had taken place before partition, did not have right in the coparcenary property of their parents' joint family. However, as unmarried daughters, their share in the coparcenary property was recognised.<ref name=":2" /><blockquote>स्वेभ्योऽंशेभ्यस्तु कन्याभ्यः प्रदद्युर्भ्रातरः पृथक् । स्वात्स्वादंशाच्चतुर्भागं पतिताः स्युरदित्सवः । । ९.११८ । ।<ref name=":1" />

 

''svēbhyō'ṁśēbhyastu kanyābhyaḥ pradadyurbhrātaraḥ pr̥thak । svātsvādaṁśāccaturbhāgaṁ patitāḥ syuraditsavaḥ । । 9.118 । ।''</blockquote>Meaning : To maiden sisters, each of the brothers shall give out of his share, one-fourth part. Those who fail to give shall become patita (पतितः). However, while repeating the rule, Katyayana Smrti provides that in cases where the property is small, sons and unmarried daughters should share equally.<ref name=":2" /><blockquote>कन्यकानां त्वदत्तानां चतुर्थो भाग इष्यते । पुत्राणां तु त्रयो भागाः साम्यं त्वल्पधने स्मृतम् ।। ८५८ ।।<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%A6%E0%A4%BE%E0%A4%AF%E0%A4%B5%E0%A4%BF%E0%A4%AD%E0%A4%BE%E0%A4%97%E0%A4%83 Daya Vibhaga].</ref>

 

 

 

However, while repeating the rule, Katyayana Smrti provides that in cases where the property is small, sons and unmarried daughters should share equally.<blockquote>कन्यकानां त्वदत्तानां चतुर्थो भाग इष्यते । पुत्राणां तु त्रयो भागाः साम्यं त्वल्पधने स्मृतम् ।। ८५८ ।।<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%A6%E0%A4%BE%E0%A4%AF%E0%A4%B5%E0%A4%BF%E0%A4%AD%E0%A4%BE%E0%A4%97%E0%A4%83 Daya Vibhaga].</ref></blockquote><blockquote>''kanyakānāṁ tvadattānāṁ caturtho bhāga iṣyate । putrāṇāṁ tu trayo bhāgāḥ sāmyaṁ tvalpadhane smr̥tam ।। 858 ।।''</blockquote>The Hindu law governing inheritance and partition of joint family property continues to be in force subject to the modifications brought about by legislations. And as per the Hindu succession Act, 1955 a daughter is an equal sharer along with the son in the property of the father.

It is interesting to note here that the Hindu law governing inheritance and partition of joint family property continues to be in force subject to the modifications brought about by legislations. And as per the Hindu succession Act, 1955 a daughter is an equal sharer along with the son in the property of the father.<ref name=":2" />

== दण्डविधिः ॥ Quantum of Penalty ==

== दण्डविधिः ॥ Quantum of Penalty ==

Katyayana Smrti says that in case of all offences, only half of the punishment prescribed for a man should be imposed on a woman.<ref name=":2" /><blockquote>सर्वेषु चापराधेषु पुंसो योऽर्थदमः स्मृतः । तदर्धं योषितो दद्युर्वधे पुंसोऽङ्ग कर्तनम् ।। ४८७ ।।<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%A6%E0%A4%A3%E0%A5%8D%E0%A4%A1%E0%A4%B5%E0%A4%BF%E0%A4%A7%E0%A4%BF%E0%A4%83 Danda Vidhi].</ref></blockquote><blockquote>''sarveṣu cāparādheṣu puṁso yo'rthadamaḥ smr̥taḥ । tadardhaṁ yoṣito dadyurvadhe puṁso'ṅga kartanam ।। 487 ।।''</blockquote>

Katyayana Smrti says that in case of all offences, only half of the punishment prescribed for a man should be imposed on a woman.<ref name=":2" /><blockquote>सर्वेषु चापराधेषु पुंसो योऽर्थदमः स्मृतः । तदर्धं योषितो दद्युर्वधे पुंसोऽङ्ग कर्तनम् ।। ४८७ ।।<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%A6%E0%A4%A3%E0%A5%8D%E0%A4%A1%E0%A4%B5%E0%A4%BF%E0%A4%A7%E0%A4%BF%E0%A4%83 Danda Vidhi].</ref>

== संहृतिः ॥ Synopsis ==

== 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.

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.