Dharma and Women’s Rights

Right to Protection

Undoubtedly, the right to equality and all other human rights are applicable to men and women, equally.  However, ancient Bharatiya thinkers with due regard to the special attributes of womanhood, considered that women require special protection all through their life for it is indisputable that women are the most vulnerable to attack by men with evil propensities. It is a matter of common knowledge that offences against women by men have been a problem throughout human history and consequently, it is the woman who suffers irreparable physical, mental and socio-economic damage.  In particular, sexual assault is the most heinous crime which ruins the whole life of a woman.

Hence, ancient Bharatiya thinkers considered that the right to protection especially of women who were seen in Vedic times as ‘sustainers of our society’. The best method to enforce Right to Protection of women is by ingraining the ideal of ‘Respect for womanhood’ in every individual and in particular in men through spiritual education right from inception and at all levels of education. Thus, right to protection of women was a cherished value of life from time immemorial in Bharatavarsha. The much maligned Manu in modern, “secular” India has this to say about women’s rights in Vedic Bharat

यत्र नार्यास्तु पूज्यन्ते, रमन्ते तत्र देवताः ।

यत्रैतास्तु न पूज्यन्ते सर्वास्तत्राफलाः क्रियाः ।। (Manusmriti 3.56)

Where the woman is worshiped, there the celestial gods take delight while where they are not respected all activities are unfruitful.  

पूज्यनीया महाभागाः पुण्यश्च गृहदीप्तयः ।

स्त्रियः श्रियः गृहस्योक्तास्तस्माद् रक्ष्या विशेषतः ।। (Viduraneeti 6.11)

Women are respectable, fortunate, pure, as a shining light of the house, and bring dignity to family. Hence they need to be protected specially.

प्रजनार्थं महाभागाः पूजार्हा गृहदीप्तयः ।

स्त्रियः श्रियश्च गेहेषु न विशेषोऽस्ति कश्चन ।। (Manusmriti 9.26)

A woman is respected for her ability to procreate, and are the shining lamps of the house. They are the very treasure of the family.

मातृवत्परदारेषु यः परद्रव्येषु लोष्टवत् ।

आत्मवत्सर्वभूतेषु यः पश्यति स पण्डितः ।। (Hitopadesa 14)

“A person who regards, every woman other than his wife as equal to his own mother, who regards wealth which belongs to another as equal to a clod of earth and who regards every other individual, as his own self, is an educated man in the real sense of the term.”

पुत्राधिकाश्च दौहित्रा भागिनेयाश्च भ्रातरः ।

कन्याधिकाः पालनीया भ्रातृभार्य्यास्नुषास्वसा ।। (Shukraneeti 3.166)

Daughter’s sons, sister’s sons and brothers are to be treated more importantly than own sons. Brother’s wives, daughter-in-laws of the house and sisters are to be given more importance than own daughter in a family. This shloka emphasizes the importance of different roles of  woman in a family and the lofty position she is to be given.

These civilizational values of Bharat that have been distorted and misinterpreted by self-styled Indologists of the East India Company are the most valuable contribution to humanity.  Apart from creating the value of respect for womanhood there have been special provisions for protecting several human rights of women.  Rules of Dharma created an obligation on the part of the male members of a family to afford protection to every woman at every age and stage of life (Manusmriti 9.3).  Further under Rajadharma it was the duty of the State to provide protection to women.  

पिता रक्षति कौमरे भर्ता रक्षति यौवने ।

रक्षन्ति स्थविरे पुत्रा न स्त्री स्वातन्त्रयमर्हति ।। (Manusmriti 9.3)

“Father protects the girl during her childhood, the husband protects her after marriage and her sons protect her in old age.  At no stage a woman should be left free. (without protection)”

Created Controversies of the West to ‘Break India’

The East India Company Indologists who strived for Bharat’s economic destruction, the destruction of its social fabric have used Manu’s verse on protection of women at every stage of her life to say that Vedas stifle women’s freedom as they order women to remain enslaved to men throughout their lives. The verses of Manusmriti that endorse the significance of women’s pivotal role in societal well-being, honoring women and the responsibility of society to ensure their well-being (Ch. 3 Verses 56, 57, 58, 62 and 114) have been totally ignored.  An intelligent and honest reader of the verse understands very clear its import, i.e. to declare the responsibility of men (the father, husband and sons) to maintain and protect the daughter, wife and mother respectively. clearly, as stated by Western historians and their Indian disciples, it is not a directive to subjugate or dominate women, which interestingly was and continues to be the way of the Anglo-Saxons & Arab colonizers.  To interpret the verse to the effect that it is a directive to treat a woman as a slave and that she should be deprived of freedom throughout her life is not only erroneous but should be put down as cultural genocide.

Purport of the Verse

Kerry Brown, in her book “The Essential Teachings of Hinduism” (Arrow Books, London, 1990) ascertains the real meaning of the controversial verse in Manusmriti thus:

“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.”

Laws to Ensure Right to Protection of Women

It is indisputable that by nature womanhood is tender and requires protection.  Many activities of the day-to-day life put a woman or girl into situations where her security is threatened.  

Supreme Court of India in the case of Vishaka vs State of Rajasthan, 1997 (6) SCC241, issued a directive to the Government and the employers to protect working women from sexual harassment in the workplace.  

International Convention on the Elimination of all forms of Discrimination against Women (CEDAW) has laid down the general recommendations in Article 11, in the context of “Violence and equality in employment”.

In view of the modern civilization where many women work outside the home, laws which define the obligation of the employer to provide protection to working women against harassment have to be clearly laid in place.  If such obligation were to be added to the aforesaid verse of Manusmriti, it would read as follows:

पिता रक्षति कौमरे भर्ता रक्षति यौवने ।

रक्षन्ति स्थविरे पुत्रा कार्यक्षेत्रे च स्वामिनः ।।

It is the obligation of:

The father to protect the girl till marriage; the husband to protect his wife after marriage;

the son to protect his mother during old age; the employer to protect women at work place

This is the real spirit of the verse and it is not a directive to treat women as slaves.

Special Provisions of Ancient Laws:

1. Women’s Property:  The provision of ancient Indian law regarding perfecting title to an immovable property by adverse possession was made inapplicable in respect of property belonging to women, state and temple. न भोगं कल्पयेत्स्त्रीषु देवराजधनेषु च ।The spirit of or object behind modern laws  ensuring women’s rights have been enshrined in our Vedas as is seen in the verse of Manusmriti- women require protection against the onslaughts of males with evil propensities.
2. Death sentence for rape of women in custody : संरुध्दस्य वा तत्रैव घातः । तदेवाध्यक्षेण गृहीतायामार्यायां विद्यात् ।। “Capital sentence should be imposed for offence of rape committed against a woman arrested by an officer of the State”.  (Kautilya Arthasastra, p. 256)
3. बलाच्चेत्पहृता कन्या मन्त्रैर्यदि न संस्कृता । अन्यस्मै विधिवद्देया यथा कन्या तथैव सा ।। “ If a damsel has been abducted and not given in marriage in accordance with lase, she may lawfully be given to another man. She is as chaste as a maiden.” (Vasishta, p. 72-73, Dharmakosha, p. 1021) This specific provision “she  is as chaste as a maiden” is most humane for women who are the unfortunate victims of sexual assault, thus restoring their social status in the society.

Why and how did March 8th come to be celebrated as International Women’s Day?

Women’s day is celebrated with much gusto on March 8th every year in different parts of the world. The trend has caught on in India too since the last decade or two. It was on this date March 8th 1885, that Susan Anthony of USA, addressed the House of Representatives in USA for equal rights for women, to vote in the US elections. Until then, the women in USA did not have the right to vote in elections. This day, thus represents a fight for equality from a position of inequality. While this is a red letter day for the march of women in USA, there have been many brave women in other parts of the world too who have fought the prevailing social conditions to bring about equality for women.

References

1. DHARMA The Global Ethic by Justice M. RAMA JOIS