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Line 222: − + − ==== Special provision in favor of women regarding quantum of penalty ====+ − === SAMANATA (EQUALITY) ===+ − The Vedas constituted the primordial source of Dharma. The Charter of Equality (Samanta) incorporated in the Rigveda, the most ancient of the Vedas, and in the Atharvanaveda are worth quoting.+ − '''vT;s"Bklks vdfu"Bkl ,rs la Hkzkrjks oko`/kq% lkSHkxk;AA'''+ − No one is superior (ajyestaso) or inferior (akanishtasa). All are brothers (ete bhrataraha). All should strive for the interest of all and should progress collectively. (sowbhagaya sam va vridhuhu).+ − Article 1 of the Universal Declaration of human rights reads thus: − All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. − The above said verse of Rigveda is almost similar though most ancient. − '''lekuh o vkÑfr% lekuk ân;kfu o%A lekueLrq oks euks ;Fkk o% lqlgklfrAA'''+ − '''RIGVEDA – MANDALA – 10, SUKTA-191, MANTRA-4 (Concluding part of Rigveda)'''+ − Let there be oneness in your resolutions, hearts and minds. Let the strength to live with mutual co-operation be firm in you all.+ − '''lekuh izik lg oksTMkHkkx%A lekus ;ksD=s lg oks ;qufTeA vjk% ukfHkfeokfHkr%AA'''+ + + + + + − == ATHARVANAVEDA – SAMJNANA SUKTA ==+ − All have equal rights to articles of food and water. The yoke of the chariot of life is placed equally on the shoulders of all. All should live together in harmony supporting one another like the spokes of a wheel of the chariot connecting its rim and the hub. − These Vedic provisions forcefully declare equality among all human beings. The last of them impresses that just as no spoke of a wheel is superior to another, no individual can claim to be, or regarded as, superior to others. This was the grand concept of equality in this country at the earliest period of civilization. However, we see a few patently discriminatory provisions in the Smritis in the matter of imposition of penalties and the division of the society, which came to be called 'Hindu' for historical reasons, into innumerable castes, some of them claim to be superior to others with varying customs and usages which have brought about inequality, resulting in discrimination against certain classes of people The worst of it is the practice of untouchability with all the incidental inhuman and humiliating treatment meted out to those who were regarded as 'untouchables'. So the question that naturally arises is, were all these sanctioned by Dharma? It is not so. The very expression Dharma is opposed to and inconsistent with any such social inequality. The relevant provisions of the Shruti (Vedas) leave no room for doubt that discrimination on the ground of birth or otherwise had no Vedic sanction; on the other hand such discrimination was plainly opposed to vedic injunction. Discrimination of any kind is, therefore, contrary to Dharma. It is really Adharma. It should however be pointed that though society had been divided some time later, on functional basis, into four Varnas (Chaturvana) namely 1. Brahmanas, the class of persons taking to teaching and other learned professions; 2. Kshatriyas, warriors and the ruting class; 3. Vyshyas, the class of persons undertaking trade, commerce and agriculture and 4. Sudras, the class of persons rendering another essential services to the society, the superiority or inferiority of an individual does not seem to have been determined by birth in anyone of these classes, For instance, Valmiki and Vyasa, the authors of the two great epics, the Ramayana and Mahabharatha, who are regarded as the greatest poets, writers and philosophers of the country and who are held in the highest esteem down to this day by all sections of the society, belonged to the fourth and the second varna, respectively. This is also the case as regards the heroes of these two great epics. Raffia, belonging to [[Kshatriya (क्षत्रिय) | क्षत्रिय || Kshatriya]] class, because of his superb qualities as a man and as an ideal ruler, has won a place in the hearts of one and all for ever. So too Krishna, the greatest of diplomats and warriors, and a great teacher, being the propounder of the immortal Bhagvadgita. Both these are adored and worshipped by all sections of the society as incarnations of God Himself. − − − In view of the above vedic declarations, the various discriminatory provisions in the Smritis arid other customs have to be regarded as invalid being opposed to the Shruti and set aside as inconsistent with Dharma, which alone is of eternal value, just as in modern constitutional law, provisions of laws enacted by legislatures are set aside if they are inconsistent with the Constitution. In fact Vyasa Smriti expressly provided that whenever there is conflict between the provisions in the vedas (shruti) and those in smritis or puranas (including custom or usage) what is declared in the veda alone should be accepted. The provisions in the smritis or custom, which ran counter to the Shruti was Adharma and invalid.9 Manu Srnriti also incorporated the following directive vide Ch.IV-176: − + − Discard wealth (artha) or desire (kama) if it is contrary to Dharma as also any usage or custom or rules regarded as source of Dharma if at any time they were to lead to unhappiness or arouse people's indignation". +
Values Based On Dharma (धर्माधिष्ठितगुणाः) (view source)
Revision as of 17:44, 29 June 2020
, 17:44, 29 June 2020→Exception to women's property from the law of adverse possession: Adding content - to be edited
The above verses also indicate the utmost consideration given to women in Manusmriti. The normal duty of Grihastashrama{the state of the house holder) is to feed guests first and only thereafter the owner of the house, his wife and other members of the family have to have food. The above provision shows that a young daughter who had been recently married and a young daughter-in-law as also young girls and pregnant women were given such an importance and priority in that they were to be provided with meals even earlier than the guests. This indicates the highest concern shown to women in view of their great importance to the happiness of the family.
The above verses also indicate the utmost consideration given to women in Manusmriti. The normal duty of Grihastashrama{the state of the house holder) is to feed guests first and only thereafter the owner of the house, his wife and other members of the family have to have food. The above provision shows that a young daughter who had been recently married and a young daughter-in-law as also young girls and pregnant women were given such an importance and priority in that they were to be provided with meals even earlier than the guests. This indicates the highest concern shown to women in view of their great importance to the happiness of the family.
An analysis of many other provisions concerning women in the Smritis indicate that special provisions had been made in favour of women in many respects. They are:
However, there is a verse on the basis of which Manu Smriti is criticized and condemned as being against women. It reads:<blockquote>पिता रक्षति कौमारे भर्ता रक्षति यौवने । रक्षन्ति स्थविरे पुत्रा न स्त्री स्वातन्त्र्यं अर्हति । । ९.३ । ।<ref name=":1" /></blockquote><blockquote>''pitā rakṣati kaumārē bhartā rakṣati yauvanē । rakṣanti sthavirē putrā na strī svātantryaṁ arhati । । 9.3 । ।''</blockquote>Meaning: The father protects the girl in her childhood, the husband protects her after marriage and her sons protect her in old age. At no stage should a woman be left free.
On the basis of the last part of the above verse, without reference to the earlier parts and other verses in Manu Smriti, referred to earlier, the criticism levelled against Manu Smriti is that it wanted women to live like slaves of man through out their life.
However, women shape the fortunes of the family. Therefore, the true meaning and purpose of the above verse is that 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. 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 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 gauravēṇātiricyatē । । 2.145 । ।''</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. 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. 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.
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 spiritual growth. She is the transmitter of culture to her children.''</blockquote>An analysis of many other provisions concerning women in the Smritis also indicate that special provisions had been made in favour of women in many respects. They are:
==== Rights of women members of joint family ====
==== Rights of women members of joint family ====
Every property movable or immoveable, given to a woman by anyone constitutes her own absolute property. 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.
Every property movable or immoveable, given to a woman by anyone constitutes her own absolute property. 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.
==== Exception to women's property from the law of adverse possession ====
=== SAMANATA (EQUALITY) ===
The Vedas constituted the primordial source of Dharma. The Charter of Equality (Samanta) incorporated in the Rigveda, the most ancient of the Vedas, and in the Atharvanaveda are worth quoting.<blockquote>अज्येष्ठासो अकनिष्ठास एते सं भ्रातरो वावृधुः सौभगाय ||</blockquote><blockquote>''ajyēṣṭhāsō akaniṣṭhāsa ētē saṁ bhrātarō vāvr̥dhuḥ saubhagāya ||''</blockquote>Meaning: No one is superior (ajyestaso) or inferior (akanishtasa). All are brothers (ete bhrataraha). All should strive for the interest of all and should progress collectively. (sowbhagaya sam va vridhuhu).
Article 1 of the Universal Declaration of human rights reads thus:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
The above said verse of Rigveda is almost similar though most ancient.<blockquote>समानी व आकूतिः समाना हृदयानि वः । समानमस्तु वो मनो यथा वः सुसहासति ॥४॥<ref>Rigveda, Mandala 10, [https://sa.wikisource.org/wiki/%E0%A4%8B%E0%A4%97%E0%A5%8D%E0%A4%B5%E0%A5%87%E0%A4%A6%E0%A4%83_%E0%A4%B8%E0%A5%82%E0%A4%95%E0%A5%8D%E0%A4%A4%E0%A4%82_%E0%A5%A7%E0%A5%A6.%E0%A5%A7%E0%A5%AF%E0%A5%A7 Sukta 191].</ref></blockquote><blockquote>''samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥''</blockquote>RIGVEDA – MANDALA – 10, SUKTA-191, MANTRA-4 (Concluding part of Rigveda)
Meaning: Let there be oneness in your resolutions, hearts and minds. Let the strength to live with mutual co-operation be firm in you all.<blockquote>समानी प्रपा सह वोन्नभागः | समाने योक्त्रे सह वो युनज्मि | अराः नाभिमिवाभितः ||</blockquote><blockquote>''samānī va ākūtiḥ samānā hr̥dayāni vaḥ । samānamastu vō manō yathā vaḥ susahāsati ॥4॥''</blockquote>(ATHARVANAVEDA – SAMJNANA SUKTA)
Meaning: All have equal rights to articles of food and water. The yoke of the chariot of life is placed equally on the shoulders of all. All should live together in harmony supporting one another like the spokes of a wheel of the chariot connecting its rim and the hub.
These Vedic provisions forcefully declare equality among all human beings. The last of them impresses that just as no spoke of a wheel is superior to another, no individual can claim to be, or regarded as, superior to others. This was the grand concept of equality in this country at the earliest period of civilization.
As for question like was discrimination sanctioned by Dharma? It is not so. The very expression Dharma is opposed to and inconsistent with any such social inequality. The relevant provisions of the Shruti (Vedas) leave no room for doubt that discrimination on the ground of birth or otherwise had no Vedic sanction; on the other hand such discrimination was plainly opposed to vedic injunction. Discrimination of any kind is, therefore, contrary to Dharma. It is really Adharma.
It should however be pointed that though society had been divided some time later, on functional basis, into four Varnas (Chaturvana) namely
# Brahmanas, the class of persons taking to teaching and other learned professions;
# Kshatriyas, warriors and the ruting class;
# Vyshyas, the class of persons undertaking trade, commerce and agriculture and
# Sudras, the class of persons rendering another essential services to the society,
the superiority or inferiority of an individual does not seem to have been determined by birth in anyone of these classes, For instance, Valmiki and Vyasa, the authors of the two great epics, the Ramayana and Mahabharatha, who are regarded as the greatest poets, writers and philosophers of the country and who are held in the highest esteem down to this day by all sections of the society, belonged to the fourth and the second varna, respectively. This is also the case as regards the heroes of these two great epics. Rama, belonging to Kshatriya varna, because of his superb qualities as a man and as an ideal ruler, has won a place in the hearts of one and all for ever. So too Krishna, the greatest of diplomats and warriors, and a great teacher, being the propounder of the immortal Bhagvad Gita. Both these are adored and worshipped by all sections of the society as incarnations of God Himself.
At a still later point of time, in the long meandering course of our history, society got divided into innumerable castes and sub-castes on the basis of occupations, vocations or trade or business. The evil of discrimination as high and low among men, on the basis of birth, hereditary avocations and other considerations, raised its ugly head and the pernicious practice of untouchability with all its degrading implications came into existence, However, all right-thinking persons and social reformers have been fighting against these evils which were afflicting society. In spite of such divisive and undesirable customs, the love for the country and its culture, the common heritage and aspirations of our people, and the basic tenets of dharma have held us together and there has always been unity despite diversity in the country. This was refurbished during our struggle for freedom when everyone fought for it unitedly.
At a still later point of time, in the long meandering course of our history, society got divided into innumerable castes and sub-castes on the basis of occupations, vocations or trade or business. The evil of discrimination as high and low among men, on the basis of birth, hereditary avocations and other considerations, raised its ugly head and the pernicious practice of untouchability with all its degrading implications came into existence, However, all right-thinking persons and social reformers have been fighting against these evils which were afflicting society. Mahatma Gandhi, the greatest of such reformers, had as his life's mission the total abolition of untouchability, and toiled in that direction. In spite of such divisive and undesirable customs, the love for the country and its culture, the common heritage and aspirations of our people, and the basic tenets of dharma have held us together and there has always been unity despite diversity in the country. This was refurbished during our struggle for freedom when everyone fought for
it unitedly. On account of the continuing crusade by social reformers against these evils and the bond of oneness regenerated during the freedom struggle, the evil of casteism has substantially declined.
'''ifjR;tsnFkZdkekS ;kS L;krka /keZoftZrkSA /keZ pkI;lq[kksndZ yksdfoØq"Veso pAA'''
In view of the above vedic declarations, the various discriminatory provisions in the Smritis arid other customs have to be regarded as invalid being opposed to the Shruti and set aside as inconsistent with Dharma, which alone is of eternal value. In fact Vyasa Smriti expressly provided that whenever there is conflict between the provisions in the vedas (shruti) and those in smritis or puranas (including custom or usage) what is declared in the veda alone should be accepted. The provisions in the smritis or custom, which ran counter to the Shruti was Adharma and invalid.9 Manu Srnriti also incorporated the following directive vide Ch.IV-176:<blockquote>परित्यजेदर्थकामौ यौ स्यातां धर्मवर्जितौ । धर्मं चाप्यसुखोदर्कं लोकसंक्रुष्टं एव च । । ४.१७६ । ।<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%9A%E0%A4%A4%E0%A5%81%E0%A4%B0%E0%A5%8D%E0%A4%A5%E0%A5%8B%E0%A4%A7%E0%A5%8D%E0%A4%AF%E0%A4%BE%E0%A4%AF%E0%A4%83 Adhyaya 4].</ref></blockquote><blockquote>''parityajēdarthakāmau yau syātāṁ dharmavarjitau । dharmaṁ cāpyasukhōdarkaṁ lōkasaṁkruṣṭaṁ ēva ca । । 4.176 । ।''</blockquote>Meaning: Discard wealth (artha) or desire (kama) if it is contrary to Dharma as also any usage or custom or rules regarded as source of Dharma if at any time they were to lead to unhappiness or arouse people's indignation".
Our constitution has discarded undesirable customs and practices and has re- established Dharma in the real sense of that expression by tabooing the aforesaid social evils. It confers the right to equality (vide Articles 14, 15 and 16) and abolishes untouchability (vide Article 17).
Our constitution has discarded undesirable customs and practices and has re- established Dharma in the real sense of that expression by tabooing the aforesaid social evils. It confers the right to equality (vide Articles 14, 15 and 16) and abolishes untouchability (vide Article 17).
It is therefore, the duty or Dharma of every individual to obey these provisions in letter and spirit in thought, word and deed which will foster the feeling of fraternity and ensure the dignity of individuals.
It is therefore, the duty or Dharma of every individual to obey these provisions in letter and spirit in thought, word and deed which will foster the feeling of fraternity and ensure the dignity of individuals.