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Rights of Women (स्त्रीत्वाधिकारः) (view source)
Revision as of 15:43, 16 February 2022
, 15:43, 16 February 2022→दायभागे स्त्रीणाम् अधिकाराः ॥ Property Rights of Women: Adding content with reference
''jāmayo yāni gehāni śapantyapratipūjitāḥ । tāni kr̥tyāhatānīva vinaśyanti samantataḥ । । 3.58 । ।''</blockquote>Meaning: If, in a house, the daughter, daughter-in-law, sisters and other women suffer, then that house is sure to be destroyed. The house in which such women live happily is the one that secures wealth and happiness. The family in which the wife, daughter, sister, daughter-in-law, etc. are not respected and in which they suffer from insult, is sure to be destroyed.
''jāmayo yāni gehāni śapantyapratipūjitāḥ । tāni kr̥tyāhatānīva vinaśyanti samantataḥ । । 3.58 । ।''</blockquote>Meaning: If, in a house, the daughter, daughter-in-law, sisters and other women suffer, then that house is sure to be destroyed. The house in which such women live happily is the one that secures wealth and happiness. The family in which the wife, daughter, sister, daughter-in-law, etc. are not respected and in which they suffer from insult, is sure to be destroyed.
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" />
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" />
=== 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)
The provision for financial security of the wife as mentioned above is also reiterated to the sons in the context of their mothers as follows:<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.
''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 भगिनीरुपे अधिकारः ॥ Right of Daughters as Sisters ===
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" />
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" />
yatra svalpadhanamasti bhrāturbhaginyāśca na caturbhāge kanyāyā bharaṇaṁ bhavati tatra samabhāgaṁ kanyā haredāsaṁskārāt । paratastu smr̥tyantarāccaturbhāgaṁ gr̥hṇīyāt svalpamapi kathaṁ tarhi... parato bibhr̥yāt patiriti...</blockquote>It is in this sense that it seems to have been said,<blockquote>जीवति पितरि तदिच्छया मूल्येनापि धनेन संस्क्रियन्ते मृते त्वंशहरा इति...<ref name=":5" />
yatra svalpadhanamasti bhrāturbhaginyāśca na caturbhāge kanyāyā bharaṇaṁ bhavati tatra samabhāgaṁ kanyā haredāsaṁskārāt । paratastu smr̥tyantarāccaturbhāgaṁ gr̥hṇīyāt svalpamapi kathaṁ tarhi... parato bibhr̥yāt patiriti...</blockquote>It is in this sense that it seems to have been said,<blockquote>जीवति पितरि तदिच्छया मूल्येनापि धनेन संस्क्रियन्ते मृते त्वंशहरा इति...<ref name=":5" />
jīvati pitari tadicchayā mūlyenāpi dhanena saṁskriyante mr̥te tvaṁśaharā iti...</blockquote>Meaning: If the father is alive they have their marriage performed at tremendous expense and if he is dead, she obtains a share in the property.<ref name=":4" />
jīvati pitari tadicchayā mūlyenāpi dhanena saṁskriyante mr̥te tvaṁśaharā iti...</blockquote>Meaning: If the father is alive they (daughters) have their marriage performed at tremendous expense and if the father is dead, they obtain a share in the property.<ref name=":4" />
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" />
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" />
=== पुत्रिकाणाम् अधिकारः ॥ Right of Only Daughters ===
Manusmrti mentions a practice of making one's daughter's son as one's heir in the absence of one's own son. Such a daughter, who has no brothers and whose son can be made her father's heir is known as Putrika.<ref name=":4" /><blockquote>अपुत्रोऽनेन विधिना सुतां कुर्वीत पुत्रिकाम् । यदपत्यं भवेदस्यां तन्मम स्यात्स्वधाकरम् । । ९.१२७ । ।<ref name=":1" />
aputro'nena vidhinā sutāṁ kurvīta putrikām । yadapatyaṁ bhavedasyāṁ tanmama syātsvadhākaram । । 9.127 । ।</blockquote>The text mentions Daksha Prajapati as an example for this case and thereby, it is held that one may have more than one Putrika.<ref name=":4" /><blockquote>दशेत्यादिलिङ्गादानेकपुत्रिकाकरणमपीच्छन्ति ॥१२९<ref name=":5" /> daśetyādiliṅgādānekaputrikākaraṇamapīcchanti ॥129</blockquote>In this very context the Manusmrti emphasises that the son is one's own self and the daughter is equal to the son. And as long as she exists, especially as a Putrika, no one else can take the father's property.<ref name=":4" /><blockquote>यथैवात्मा तथा पुत्रः पुत्रेण दुहिता समा । तस्यां आत्मनि तिष्ठन्त्यां कथं अन्यो धनं हरेत् । । ९.१३० । ।<ref name=":1" />
yathaivātmā tathā putraḥ putreṇa duhitā samā । tasyāṁ ātmani tiṣṭhantyāṁ kathaṁ anyo dhanaṁ haret । । 9.130 । ।</blockquote>Implying that if at the time of the father's death, the Putrika has no child, she cannot be denied the right to inherit her father's property.<ref name=":4" />
== दण्डविधिः ॥ Quantum of Penalty ==
== दण्डविधिः ॥ Quantum of Penalty ==