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| === Misuse or dependence of the property of women prohibited === | | === Misuse or dependence of the property of women prohibited === |
| + | <blockquote>"न कन्याया: पिता विद्वान्गृहणीयाच्छुल्कमण्वपि |</blockquote><blockquote>गृह्यञछुल्कं हि लोभेन स्यान्नरोऽपत्यविक्रयी ||</blockquote><blockquote>स्त्रीधनानि तु ये मोहादुपजीवन्ति बान्धवा: |</blockquote><blockquote>नारीयानानि वस्त्रं वा ते पापा यान्त्यधोगतिम् || " (Manu III-51-52)</blockquote>Meaning : No father who knows (the law) must take even the smallest gratuity for his daughter; for a man who, through avarice, takes a gratuity, is a seller of his offspring. 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 sin and suffer a downfall. |
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− | '''u dU;k;k% firk fo}kUx`g.kh;kPNqYde.ofiA x`áŒNqYda fg yksHksu L;kTMkjks·iR;foØ;hAA L=h/kukfu rq ;s eksgknqithofUr ckU/kok%A ukjh;kukfu oL=a ok rs ikik ;kUR;/kksxfreÃA
| + | In view of the greater chances of exploitation of childhood and youth resulting in moral and material abandonment indulged in by those who care only for earning money through unhealthy and obscene magazines and books and audio visual equipments, now it is becoming clear only women can save childhood and youth from such exploitation. It is this aspect which is the basis of the verses in Manu. |
− | MANU III-51-52
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− | '''
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− | No father who knows (the law) must take even the smallest gratuity for his daughter; for a man who, through avarice, takes a gratuity, is a seller of his offspring.
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− | 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 sin and suffer a downfall.
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− | In view of the greater chances of exploitation of childhood and youth resulting in moral and material abandonment indulged in by those who care only for earning money through unhealthy and obscene magazines and books and audio visual equipments, now it is becoming clear only women can save childhood and youth from such exploitation. It is this aspect which is the basis of the verses in Manu.
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| 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. | | 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. |
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| === Right of Wives === | | === Right of Wives === |
− | '''<nowiki>;</nowiki>fn dq;kZRlekua'kkUiRU;% dk;kZ% lekaf'kdk%A u nÙka L=h/kua ;klka Hk=kZ ok Üo'kqjs.k okAA
| + | <blockquote>"यदि कुर्यात्समानंशान्पत्न्य: कार्या: समांशिका: |</blockquote><blockquote>न दत्तं स्त्रीधनं यासां भर्त्रा वा श्वशुरेण वा || " (Yaj. III-15)</blockquote>Meaning : 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. |
− | YAJ.III15:
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− | '''
| + | 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. 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. |
− | 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. | |
− | This rule recognised 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. 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. | |
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| === Right of mothers === | | === Right of mothers === |
− | '''leka'kgkfj.kh ekrkA'''
| + | <blockquote>"समांशहारिणी माता | "</blockquote>Meaning : Mother is an Equal Sharer.<blockquote>"समांशहारिणी मातेति वचनात् मातृपदस्य जननीपरत्वात् न</blockquote><blockquote>सपत्नीमातृपरत्वमपि | सकृत् श्रुतस्य मुख्यगौणत्वानुपपत्ते: | " (Smriti Chandrika p.624)</blockquote>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. |
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− | Mother is an Equal Sharer | |
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− | '''leka'kgkfj.kh ekrsfr opukr ekr`inL; tuuhijRokr u liRuhekr`ijRoefiA lÑr JqrL; eq[;xkS.kRokuqi iÙks%A''' | |
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− | 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.
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− | '''SMRITI CHANDRIKA P.624:'''
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| 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. |
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| === Rights of daughters === | | === Rights 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. | + | 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>"स्वेभ्योंऽशेभ्यस्तु कन्याम्य: प्रदधुर्भ्रातर: पृथक् |</blockquote><blockquote>स्वात्खादंशाच्चतुर्भागं पतिता: स्युरदित्सव: || " (Manu IX 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. |
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− | '''LosH;ksa·'ksH;Lrq dU;kE;% izn/kqHkzkZrj% i`Fkdà LokR[kkna'kkPprqHkkZxa ifrrk% L;qjfnRlo%AA
| + | 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. |
− | MANU IX 118
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− | '''
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− | To maiden sisters, each of the brothers shall give out of his share, one- fourth part. Those who fail to give shall become patita.
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− | 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. | |
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| === Stridhana === | | === Stridhana === |
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| 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. | | 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. |
− | 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 spiritual growth. She is 1he transmitter of culture to her children. | + | 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 spiritual growth. She is 1he transmitter of culture to her children. 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. |
− | 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. | |
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| == References == | | == References == |
| # M. RAMA JOIS, DHARMA - The Global Ethic, Published by "Bharatiya Vidya Bhavan” | | # M. RAMA JOIS, DHARMA - The Global Ethic, Published by "Bharatiya Vidya Bhavan” |