CHANAKYA NATIONAL LAW UNIVERSITY

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

HISTORY

Project on :Position of women in ancient india

Submitted To: Ms. Priyadarshini (Faculty for History) Submitted By:Vagisha Pragya Vacaknavi Roll No. 374 Semester I, 1st Year.
1|Page

CHANAKYA NATIONAL LAW UNIVERSITY

ACKNOWLEDGEMENT
The present project on the Position of Women in Ancient India has been able to get its final shape with the support and help of people from various quarters. My sincere thanks go to all the members without whom the study could not have come to its present state. I am proud to acknowledge gratitude to the individuals during my study and without whom the study may not be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to Ms. Priyadarshini, Faculty for History, Chanakya National Law University for helping me in my project. I am also thankful to the whole Chanakya National Law University family that provided me all the material I required for the project. I would also like to thank my parents without whose blessings the completion of this project was not possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission that may have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the project.

2|Page

CHANAKYA NATIONAL LAW UNIVERSITY

RESEARCH METHODOLOGY
Method of Research
The researcher has adopted a purely doctrinal method of research. The researcher has made extensive use of the library at the Chanakya National Law University and also the internet sources.

Aims and Objectives:

The aim of the project is to present a detailed study of the Position and Status of Women in Ancient India.

Scope and Limitations:

The project deals with the position and status of women, from the very time she was born, to the time she lies on her funeral pyre. It deals with her position in Ancient India only because the position of women changed rapidly in every period. This project explains the status of women and enlightens the readers about the status of female section in the Ancient India.

Sources of Data:
The following secondary sources of data have been used in the project1. Books 2. Websites

Method of Writing:
The method of writing followed in the course of this research paper is primarily analytical.

Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research paper.

3|Page

CHANAKYA NATIONAL LAW UNIVERSITY

CONTENTS
Introduction Status of Women regarding: Childhood and Education Marriage Divorce Widow Prostitution Right to Property Critical Analysis Bibliography 8-10 11-13 14-15 16-18 19-20 21-22 23-26 5-7

27

4|Page

CHANAKYA NATIONAL LAW UNIVERSITY

INTRODUCTION
No study on Ancient Indian Society is complete without tracing the history of the status and position of women as they constituted the key stone in the arch of Indian Civilization. The status of women in India has been subject to many great changes over the past millennia. From a largely unknown status in ancient times through the low points of the medieval period, to the promotion of equal rights by many reformers, the history of women in India has been eventful. According to A.S.Altekar, One of the best ways to understand the spirit of civilisation and to appreciate its excellences and to realise its limitations is to study the history of the position and status of women in it.1 The educational opportunities thrown upon women would show that the predominantly patriarchal character of ancient Indian Society did not deny them the right to education. The freedom they enjoyed and their participation in public life demonstrate the sense of justice and fair play developed in the society. The laws of marriage as well as the customs serve as guides to evaluate to what extent the husband considered his wife as valued partner, whose co-operation was must for happiness and success of the family.

Women in Ancient India held an important position in the ancient society and were even superior to men. Women were then believed as the incarnation of Shakti. Historical evidence illustrates the fact that woman power ruled the then society. They even destroyed mighty rulers and conquered kingdoms. In the Vedic society women had a very strong hold and they were independent. Some kingdoms in ancient India had traditions such as Nagarvadhu (bride of the city). Women competed to win the coveted title of the Nagarvadhu. Amrapali is the most famous example of a Nagarvadhu. There are literary evidences to suggest that woman power destroyed kingdoms and mighty rulers. Elango Adigals Sillapathigaram mentioned that Madurai, the capital of Pandyas was burnt when Pandyan ruler Nedunchezhiyan killed a womans husband by mistake. Veda Vyasas Mahabharata tells the story of fall of Kauravas because they humiliated queen Draupadi. Valmikis Ramayana is also about the wiping away of Ravana when he abducted and tried to marry Sita forcibly.

The position of Women in Hindu Civilisation, p.1.

5|Page

CHANAKYA NATIONAL LAW UNIVERSITY

Scholars believe that in Ancient India, the women enjoyed equal status with men in all fields of life2. However, some others hold contrasting views3. Works by ancient Indian grammarians such as Patanjali and Katyayana suggest that women were educated in the early Vedic period4. Rig Vedic verses suggest that the women were married at a mature age and were probably free to select their husband. Scriptures such as Rig Veda and Upanishads mention several women sages and seers, notably Gargi Vacaknavi and Maitreyi. According to studies, women enjoyed equal status and rights during the early Vedic period. However, later (approximately 500 B.C.), the status of women began to decline with the Smritis (esp.Manusmriti) and with the Islamic invasion of Babur and the Mughal empire and later Christianity curtailing womens freedom and rights. Although reformatory movements such as Jainism allowed women to be admitted to the religious order, by and large, the women in India faced confinement and restrictions. The practice of child marriages is believed to have started from around 6th century. A critical study of Vedic literature reveals that women of all strata of society were held in high esteem in the Vedic Age. They were variously designated and addressed as mother, owner of the house, and wife, etc. The woman in her role as wife enjoyed the position as the owner of the house. The husband and the wife were called Dampati which was indicative of an egalitarian society. She even wielded her authority over her father-in-law and her mother-in-law, like a queen in the house. They were entitled to wear the sacred thread and to study veda. The Brahmanas, Smritis, Ramayana and the Mahabharata all state the rights and duties of women which shows that women had a special place in the ancient India. Vedas, Upanishads and the epics give numerous examples showing the great position of women in Ancient India. They were respected for being great philosophers, politicians,

psychologists, teachers, administrators, law makers and successful house holders. Many hymns were composed by them. Vaak Abharni composed Devi-Sukta, Shraddha Kamayani the Shraddha Sukta.

2 3

Mishra, R.C. (2006). Towards Gender Equality. Author press ISBN 81-7273-306-2. Pruthi, Raj Kumar; Rameshwari Devi and Romila Pruthi (2001). Status and Position of Women: In Ancient, Medieval and Modern India. 4 Varttika by Katyayana, 125, 2477.

6|Page

CHANAKYA NATIONAL LAW UNIVERSITY

The Hindus believe their Law to be of Divine Origin. The historic fact, often unnoticed, according to which women were treated in many respects almost with divine respect in Ancient India was a unique feature. Perhaps no other country or civilization equated women with the power of wealth (Lakshmi), power of learning (Saraswati), and with the power to punish (Durga). This concept brought them at least equal if not superior to men. The period of Ancient India: started from Manu, who unequivocally placed women at a high pedestal when he said-yatra naaryaastu poojayante ramante tatra devataa (Divinity resides there where women are treated with respect.) Vedic literature depicts an ideal society, where women enjoyed an honourable and high status. Like every patriarchal society here also the father is the commanding authority, but in the household affairs the mother is considered to be supreme. Though limited in number the Vedic goddesses were as powerful as the gods. In the Rigveda, there is no reference to an instance where the birth of a girl was considered inauspicious. That the girl received education is evident from the composition of hymns by the female seers. The daughter of the Rigvedic times was bold, strong and free. The maiden seems to have free to make her choice of husband as appears in the verse (RV.X-27-12) and was supported in her choice by her parents. Probably a maiden having no brother had her legal right to inherit the paternal property. The wife was a partner in the performance of sacrifices. She was the empress in her home. The plethora of Goddesses in Ancient period was created to instill respect for women. Ardhanareeshwar, where God is half-man and half-woman was highly worshipped. In Vedic society women readily participated in religious ceremonies and tribal assemblies (sabha and vidatha). In the Rigveda few references of polygamy is made because monogamy was the rule. On the basis of some verses it can be said that the custom of widow remarriage existed. Other social evils relating to women, such as burning of widow (sati), purdah system and child marriage were not found in the Rigvedic society. Hence, this Rigvedic picture of womanhood is the real heritage of India.

Status of Women regarding: Childhood and education

7|Page

CHANAKYA NATIONAL LAW UNIVERSITY

In ancient times in all patriarchal societies the birth of a girl was generally an unwelcome event. Almost everywhere the son was valued more than the daughter. He was a permanent economic asset. But the girl had to move to another house after her marriage unlike the son who was like a support to his parents in their old age. The primitive man use to abandon her new born daughter or sometimes even kill her. Details of these unfortunate practices are well explained and incorporated in Westermarcks History of Human Marriage. The Atharveda contains charms and rituals to ensure the birth of a son in preference to that of a daughter (III, 23; VI). Some thinkers however believed that a talented and well-behaved daughter was regarded better than a son. In cultured circles such a daughter was regarded as the pride of the family5. In Brahmana literature there is one passage observing that while the son is the hope of the family, the daughter is the source of trouble to it. The great epic, Ramayana, goes to observe that a daughters father, even if occupying a position as exalted as that of the king of gods, has to put up with insults not only from his equals but also from his inferiors. Even when he succeeds in making a very good selection of the son-in-law, his anxiety does not terminate, he has to wait anxiously to find out whether the marriage will eventually be a happy one or not. Under these circumstances it was but natural that a difference between son and daughter was made, the former is bliss itself incarnate, and the latter is the root of misery. It must be, however, added that the feeling of dejection and dissatisfaction at the birth of a daughter was a fleeing one; it did not lead to female infanticide in Ancient India. There are no references to this evil custom in the Vedic literature.

In the Rigvedic period women took part in the intellectual life of the society. After the upanayana ceremony, which took place as regularly as that of boys, they devoted their time, till their marriage, to specialise in Vedic theology and philosophy. Proper training in the sacred lore was considered essential for a maiden to succeed in her married life as both husband and wife took equal part in the sacrificial rites. In the Upanishadic period there are references to women of high intellectual attainments. It is learnt from Brihadaranyaka Upanishad, that once in the presence of Janaka Yajnavalkya a discussion was held among learned Brahmanas. Among his
5

Kumarasambhava VI, 63.

8|Page

CHANAKYA NATIONAL LAW UNIVERSITY

interlocutors was a learned lady, Gargi Vacaknavi, who possessed the highest spiritual knowledge. She greatly distinguished herself in the discussion. Another great woman scholar in the Ancient India was Maitreyi, the wife of Yajnavalkya. He had philosophical discussion with her husband on the relationship of the universal soul (paramatma) to the individual soul (jivatma). These instances demonstrate the height of intellectual and spiritual attainments to which women in Ancient India rose to. There were two classes of women teachers, brahmavadini (lifelong students of sacred texts) and Sadyodvaha (those that prosecuted their studies till their marriage). Some gifted ladies took to teaching carrier and they were known as Upadhyayas or Upadhyayis . The Puranas also speak of lady teachers and the Bhagavata refers to two daughters of Dakshayana as experts in theology and philosophy6. Women also composed literary works of great merit. Hala in his gathasaptasati mentions seven poetess of fame.

The Buddhist and the Jaina texts refer to women of brahmavadin class. Among the voluminous Buddhist scripture is a whole collection of poems ascribed to women and they have been preserved in the Therigatha. There were thirty-two maidens and three of them, Subha, Anopama and Sumedha were born of well-to-do families. Ambapali, the noted ganika of Vaishali, who later became a Buddhist nun, also composed a poem. According to the Jaina tradition, Jayanati, daughter of the king of Kausambi, remained unmarried to devote herself to religion and philosophy. She distinguished herself in discussion on abstruse questions of philosophy with Mahavira and ultimately she received ordination at his hands. There is a story in the Jataka referring to Jaina father having four intelligent daughters moving about the country and challenging everyone who came in their way for a debate on philosophical matters7.

This high note regarding education of women however did not continue for long. After 300 BC the situation changed and the right to study came to be denied for women. The discontinuance of upanayana for girls and the lowering of the marriageable age for girls prevented them from acquiring Vedic knowledge. They came to be held in low esteem and the education that was given to them was one that suited them to fulfil their duties in the household of her husband. In other words, the
6 7

A.S.Altekar, op.ct.,p.13. A.S.Altekar, op.cit.,p.13

9|Page

CHANAKYA NATIONAL LAW UNIVERSITY

education that was imparted to girls was entirely domestic and vocational in the sense that they were being trained for that which was considered a womans main or principal work, the duties of the household. It is probable that girls in the well-to-do families were not denied of educational opportunities. Since higher education was not permissible for girls, they were given training in fine arts like music, dancing and painting from early times. Musical recitations of the Sama hymns were the special function of women originally. Encouragement was extended to music and dancing in the post-Vedic period. Lokamahadevi, queen of Chalukya Vikramaditya II is said to have been expert in fine art. Queens of Ballala I of the Hoysala dynasty were highly accomplished in music and dance.

The ganikas or the courtesans and the nautch girls had a recognized place in the social life in South India. They were proficient in fine arts like music and dance. They were even honoured by village assemblies for their expertness in arts of dancing and music and for their public benefaction. In course of time they came to be looked down upon when the dancing girls attached to the temples (devadasis) fell into immorality and these fine arts came to be regarded as fit only to such girls.

Women who were queens were placed in charge of administration of the provinces and in the absence of the king from the capital they administered the kingdom as well. Women were certainly not found wanting in the attainment of intellectual eminence, but the Smriti injunctions came in the way of their pursuing higher studies. As s result, around the beginning of the Christian era the doors of Vedic knowledge were closed to women.

Marriage

10 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

Westermarck is of the view that the term marriage has been often used to denote a social institution complete by itself8. As a social institution, marriage is a part of, and to be included in, the family and even though in a theoretical treatment it precedes considerations about the family, it is actually intended as a preparation for, and, therefore, the supplement of the study of the more inclusive institution called the family9. Hindu writers attach great importance to the marriage of a woman. It was a social and religious duty and necessity and it was obligatory for girls as there will be more pitfalls in the path of an unmarried woman. Marriage is a very important event in the life of a woman. Matrimony in course of time is followed by maternity, and its recurrence makes the woman periodically helpless and absolutely dependant on her husband for some time. Marriage, therefore, determines the fate of a woman to much greater extent than it does the destiny of a man. A good marriage is a welcome protection for the woman, a bad one is worse than a painful chain. According to the Avesta bachelors are spiritually inferior to married men, and among the latter those without children to those who have them. Some Smritis like Yama began to advocate the unfortunate view that since marriage was compulsory for girls, parents should marry them even to undesirable persons, if suitable bridegrooms were not available before the time of puberty.

The Smritis recognise eight forms of marriage; brahma-a marriage of a duly dowered girl to a man of the same class by ceremony; daiva-involving the gift of the daughter to sacrificial priest as part of his fee; arsa-where the bridegroom paid a token bride price of a cow and a bull; prajapatya-where there was no dowry and bride prices; asura-or marriage by purchase; gandharva-or the voluntary union of a maiden and her lover; raksasa-or marriage by capture; paisacha-or the one in which a man by stealth seduces a girl who is sleeping, intoxicated or mentally deranged. The first four are approved by different authorities as permissible, religious and undissolvable. The last four are condemned and viewed as improper because the father of the girl had no voice in the selection and secondly wealth was a consideration. In the Vedic age girls were normally married after puberty. This is confirmed by the internal evidences in the Rig Veda. In a hymn in the Rig Veda a wife asserts to her husband that she is fully developed physically and has sufficient marks of complete
8 9

History of human marriage, Vol, I, p.26 P.H.Prabhu,op, cit., p.148

11 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

puberty on her person. The evidence mentioned above proves that marriage in the Vedic period took place when the boy and the girl were fully grown-up. The Mahabharata favours the marriage of well-developed and grown-up girls. Draupadi, Kunti, Sita, Uttara (Kshatriyas), as also Devayani (brahmana) were fully grown up at the time of their marriage which was consummated soon after. Most authorities agree on one point, viz. that the girl must be younger by three or more years than the husband. Kamasutra also favours the marriage of a girl younger to the boy at least by three years. Though in early times it was usual for girls to be fully adult before the marriage, there is tendency in the sutra texts to lower the age of marriage for girls. Manu recommended that a man of thirty should marry a girl of twelve, and a man of twenty-four should marry a girl of eight. The commentators of manusmriti, Medhatithi and Kulluka, however, say this rule was observed only in breaches. The ideal marriage was one in which the bride was one-third the age of groom-thus a man of twenty-four should marry a girl of eight10.

Around 200 A.D. the child marriage was gradually coming into vogue and the smritis writers of the period 500-1000 A.D. encouraged marriages much before the time of puberty. Since marriage came to be regarded as a substitute for upanayana in case of girls, marrying girls at the age of 8 or 9 became the order of the day. However, this custom was followed only by the brahmanas. Yet the older custom of marrying girls when they were fully adult was neither uncommon nor regarded with disapprobation. With the popularity of the child marriage, the custom of Svayamvara (self-choice) marriages, practised by the Kshatriyas, fell into disuse, and greater emphasis came to be laid on chastity or bodily purity of girls.

Marriages usually took place among the couple of same class and caste, but sagotra, sapravara and sapinda marriages were prohibited. The modern law courts also regard sagotra marriage as illegal11. The sutras permit anuloma (male of higher caste marrying a lower caste female) and Smritis regard such marriages as legal. The progeny of anuloma unions inherited the caste of the father. The smritikaras, however, condemn the pratiloma (male of lower caste marrying a higher class female) and exclude the progeny of the pratiloma unions from sacraments. Marriages
10 11

Manu, ix, 94, et. A.L.Basham, op.cit., p.146 A.S.Altekar, op.cit.,p.74

12 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

were generally arranged by the parents of the couple though there are references to love marriages. Perfect harmony and happiness was expected in conjugal life.

Monogamy was the general rule though polygamous practice was prevalent among the rich and ruling sections of the society. While rich regarded marrying more than one wife as a symbol of high status in society, the poor took to plurality of wives to get a son to preserve and continue the family. Kamasutra even ordains the wife to urge her husband to contract a second marriage if the first one was barren or failed to present a son to him. Stray cases of polyandry occur in the Mahabharata and some puranas, but it was not in vogue among the Aryans in the Vedic period. The nonAryan tribes follow the practice even at present. The custom was not popular becomes evident from the fact that the smritis even do not contemplate the possibility of polyandry.

DIVORCE
13 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

The Sacred Law held that the marriage union was indissoluble once the seven steps (saptapadi) had been taken together. It could not be annulled even in the absence of consummation, and therefore there was no place for divorce. An errant wife was denied of most of her rights, still the husband had to maintain her, if demanded. However, she could not remarry. According to Vasistha dharmasutra, even a wife, who has committed adultery, becomes pure and is taken back by her husband after she has done proper penances. Manu lays down that in case the wife had a wilful intercourse with a man of base caste she should be torn apart by dogs. A careful examination of the dharmasutra literature suggests that abandoning of wife/husband was permitted well before the beginning of the Christian era under certain well defined circumstances. Baudhayana quotes an injunction which is also found in manusmriti12, that a barren wife should be abandoned in the tenth year, one who bears daughters (only) in the twelfth year, one whose children (all) die in the fifteenth, but she who is quarrelsome without delay. Manu does not blame a wife if she abandons a husband, who is impotent, insane, or suffering from incurable or contagious diseases13. Manu permits remarriage of such wives in case the marriage was not consummated and regards the children of such unions as legal heirs of their parents. Instances of divorce also occur in the Buddhist literature.

Kautilya is more liberal to women in matters of marriage, contract and divorce. A woman can remarry when her husband was abroad for a long time (ten months), if he suffered from incurable ailments or was sterile, if he had become an outcaste, if he was bad in character, or was guilty of high treason, or was dangerous to her life. A husband could divorce his wife on account of her infertility or if she failed to give birth to sons. Divorce on the ground of ill-feeling was also possible by mutual consent, but not of the will of one party alone. Before contracting a second marriage the wife was required to seek religious permission.

Manu lays down the circumstances under which a woman could contract to second husband. While listing the grounds under which a husband could supersede his wife by another says that a wife who, being superseded, in anger departs from the husbands house, must either be instantly confined or cast off in the presence of the
12 13

IX, 81. IX, 79.

14 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

family. According to another theory propounded by him the wife is not released from her marital obligations even if she is sold or repudiated by the husband. Showing disrespect by the wife to a husband given to evil ways was met with the punishment of desertion for three months in addition to deprival of ornaments and furniture. Indeed Manus injunction regarding a wife is painful reading, and clearly shows how orthodox Brahmanical view was deliberately aiming to regulate her to a position of inferiority14.

Narada and Parasara are on the whole more liberal and considerate towards women. They are generally in agreement with other smritis when they recommend that the wife could repudiate her husband if he is found to be impotent. According to Narada woman is the field (Ksetra) and man is the seed-giver (bijin); hence the field must be given to one who has seed. The wife is permitted in such cases to marry another after waiting for six months. The wife could abandon her first husband to marry another if the first is missing, or dead, or becomes an ascetic, or is impotent, or an outcaste. Narada even goes to the extent of saying that in such cases the relatives of the wife would enjoin her to seek another husband even if she does not herself think of doing so15.

The waiting period varied according to circumstances and class, but it never exceeded eight years. These regulations do not find a place in later law codes, and in all probability they were completely forgotten by Gupta times when divorce became almost impossible for the people of the higher classes. But the parents the lower castes did not like to waste time in inducing the unwilling husbands to accept unwanted wives; they brought a second marriage whether the concerned was willing or not. Divorce is still permitted to this section of society by custom.

Widow
14 15

The Age of Imperial Unity, pp.565-66 XII, 96.

15 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

No discussions on the status and position of women would be complete without reference to the widows. The study is of absorbing interest as the treatment given to them enables us to understand the attitude of the society towards women in general. The study further reveals how a society which attained a high state of culture failed to reflect the finer aspects of life in the treatment of widows. A cultured society regarded widows as almost non-entities, humiliated them, and considered their very look as inauspicious. Under the circumstances, it should not surprise us therefore if she preferred the anugamana-vrata or the sati to a disgraceful living. It is true that they were permitted to hold property in their own right, but this did not improve their position, though they became economically independent, their lot remained unenviable.

The widow was to shun all pleasures, lead an austere life, live on one meal a day and sleep on bare ground and thus lead the life of an ascetic. Her head was cleanly shaven, though this practice was given up later. She was inauspicious to everyone, including her own son and she hardly participated in family festivals as that would bring bad luck to those present.

The Rig Veda permits a childless widow to get a son by levirate (niyoga). The niyoga was to be primarily with her brother-in-law and not with any stranger. The purpose being that the child would have the maximum amount of the family blood running in his vein and the property of the joint family would not be affected.

The custom of sati was not vogue in India down to 400 B.C. There is no reference to the custom in the Buddhist literature and the Arthsastra of Kautilya. The authors of the dharmasutras and the dharmasastras are unaware of it. Stray references to sati occur in the Mahabharata. Four wives of Vasudev and five wives of Krishna retired to the forest. Similarly, Madri, second wife of Pandu, committed sati, but not Kunti. The wives of Abhimanyu, Ghatotkacha and Drona of Mahabharata age and Dasaratha and Ravana of the Ramayana period did not immolate themselves.

The custom of sati began to gain popularity among the ruling classes from around 400 A.D. and some smritikaras make mention of it, though they do not hold it as an ideal for the widow. The contemporary and social thinkers abhorred the custom. Some 16 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

thinkers like Angirasa, Harita extolled the custom of sati and it began to gain popularity in North India. All along the practice was confined to the ruling class. Not to be outdone, a few of the brahmana families began to follow it around 1000 A.D. In the Deccan and South India inscriptions refer to instances of sati in high life, but it was not a common practice.

Another practice, namely, niyoga, has been found prevalent in the Vedic period. The smriti writers of the later period permit only one son to be raised by niyoga. The position was different in the epic period, for Kunti had raised three sons by niyoga. The custom was met with opposition from 300 B.C. onwards. The smritikaras like Apastamba, Baudhayana and Manu expressly condemn it and Manu, in particular, called it beastly and forbade its practice.

The Vedic literature and the dharmasutras allow remarriage of widows and those who opposed this were against the remarriage of child widows. The later smritis disapprove the practice of widow remarriage. Manu, Narada, Vatsayana refer to a remarried widow as a punarbu. The punarbu was a seeker after pleasure. She enjoyed the status of a mistress and she was free to participate in all the social functions with her second husband but could not participate with him in the performance of religious rites. This was a special prerogative of the wedded life. A woman could remarry with the recitation of certain sacred mantras, according to smritis under certain defined circumstances. They specifically speak of two circumstances, a girl, abducted by force, and not wedded with the recitation of the sacred texts, may be lawfully given to another man; for, she is as good as a maiden, and a girl who is married with the recitation of the sacred texts, but whose husband dies before the consummation of the marriage. If such a woman is still a virgin, she can go through the sacrament of vivaha16. The growing importance attached to physical chastity explains the gradual discouragement of widow remarriage and the prohibition of remarriage began to be extended even to the cases of child widows from about 1000 A.D. From about 1100 A.D. widow remarriages completely disappeared from the society17. The remarriage of widows continued among the lower orders of the society.

16 17

Quoted from P.H. Prabhu, op. cit., pp.193-94 A.S. Altekar, op. cit., pp. 155-56

17 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

Widows right to inheritance was the subject of an animated discussion among the jurists in Ancient India. The subject did not engage their attention as long as the custom of niyoga was in vogue and as her son was getting a share in the property of the joint family. But with the prohibition of the custom of niyoga the determination of the right of widow to the property of her deceased husband became necessary. The Vedic texts, dharmasutras and the jurists like Apastamba, Baudhayana, Manu, Narada and Katyayana expressly reject the widows claim to property. They did not recognise widow as an heir. However, Vishnu, Yajnavalkya, Brihaspati and Prajapati regard widow having a natural right to inherit all her husbands property. Brihaspati declared that the husband and the wife are the joint owners of the family property and together constitute one legal personality. Prajapati includes the concept of both movable and immovable property. Moreover on the other side, the Bengal School represented by Jimutavahana (Dayabhaga school) was of the view that there should a liberalising law in favour of the widow. According to him the widow had only a life estate in her inheritance. She could utilise its full income in any way she liked, but she could not touch its corpus. In other words, he sanctioned only a limited power over her inheritance. The authors of the early dharmasutras and Kautilya assign only maintenance to the widow. The Mahabharata permits the widow to utilise only the income of the property inherited by her, but confers no power to sell or mortgage or gift it. The situation of the south was different from that of north. In the south of Vindhyas women could hold property in their own rights and this was true of widows also. The inscriptions of South India bear testimony to this. Thus from the details and differing opinions of the jurists, it is clear that the widow had only limited power in Ancient India.

Prostitution
Ancient India contained one class of women who mixed freely with men and who were free from restraint which matrons had to observe. They are variously called as 18 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

ganikas (courtesans) and Vesyas (prostitutes). In the literature the prostitute is depicted as a beautiful, accomplished and wealthy woman enjoying a position of fame and honour. She was to be thoroughly trained in sixty-four kalas (arts). These include music, dancing, singing and acting, the composition of poetry (impromptu or otherwise), flower arrangement and garland-making, the preparation of perfumes and cosmetics, cooking, dress-making and embroidery, sorcery, conjuring and sleight of hand, the composition of riddles, tongue-twisters and other puzzles, fencing with sword and staff, archery, gymnastics, carpentry and architecture, logic, chemistry and mineralogy, gardening, training fighting cocks, partridges and rams, teaching parrots and mynahs to talk, writing in cipper, languages, making artificial flowers, and clay modelling18. All the above mentioned arts were expected to be learnt and thorough with the prostitute.

The ganikas or the courtesans enjoyed a great social standing and they had nothing in common with such women in modern industrial cities. They were particularly proficient in fine arts like music and dancing and they were honoured by the people for their expertness in those arts as also for their public benefactions. According to Kamasutra; A courtesan of a pleasant disposition, beautiful and otherwise attractive, who has mastered the arts has the right to a seat of honour among men. She will be honoured by the king and praised by the learned; all will seek her favours and treat her with consideration. Typical of such respected and honoured courtesans was Ambrapali, the noted courtesan of Vaisali. She was immensely wealthy, highly intelligent and famous throughout the civilised portions of India. She was one of the most treasured possessions of her city. She was a Sri-ratna (jewel of a woman).

South Indian inscriptions record the role that the ganikas played in contemporary society. They suggested how by their charms and wiles the ganikas enslaved and distributed the courts and cities. The records of the Chalukyas, Cholas and other dynasties show the keen interest the ganikas showed in charities. Vinapotigal, the beloved mistress of Chalukya Vijayaditya perfomed the hiranyagarbha at Mahakuta and presented to the deity a pedestal, set with rubies, with a silver umbrella over it. The temple girls (devadasis) appear to have fallen from virtuous conduct in the early

18

A.L.Basham, op. cit., p.183.

19 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

period as they were provided with houses and other property. It is possible with urbanisation and brisk and prosperous internal and foreign trade coupled with the establishment of numerous entripots of trade the courtesans became indistinguishable from women of such type in modern industrial cities. By the time of the Mauryas the institution of prostitution had come to stay.

Arthasastra of Kautilya enlightens us with the knowledge that a prostitute who was known for her beauty, youth and accomplishments, was appointed as a superintendant on a salary of 1000 panas per annum. She not only looked after the welfare of the prostitutes but arranged for their education in the relevant arts. Prostitutes were employed by the state as spies. They had to carry a licence from the state to carry on their profession by paying two days earning as licence fee to the government. They attended the court regularly and also worked in the royal household on a fat salary. They held the royal umbrella, golden pitcher and fan, and attended upon the king seated on litter, throne, or chariot.

They were also employed in the storehouse, kitchen, bathroom, and the harem of the king. The state had also arranged for their training which becomes evident from the declaration that was made by Kautilya, Those who teach prostitutes, female slaves and actresses, arts such as singing, dancing, acting, writing, painting, playing on the instruments like pyre, pipe and drum, reading the thoughts of others, shall be endowed with maintenance from the state.

It can be inferred from the above details that the society was in favour of prostitution; however the religious view regarded it as an evil and disapproved it. The murder of prostitute was not considered a sin and the murderer incurred no punishment at Law19 . The secular view prevailed over the religious ideals and the institutions continued to flourish.

Right to property
The study of the evolution of the proprietary rights of women is both important and instructive. It is important because the evolution unfolds before us the economic
19

A.L. Basham, op. cit., p.186

20 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

independence and prosperity that women enjoyed in the society. It is instructive because with the gradual decline in her status in her society where she had come to be regarded as chattel, there is a corresponding increase in her proprietary rights which became more and more extensive as time passed by. Hence the study is of absorbing interest.

Theoretically the couple were the joint owners of the household as well as the property. At the time of marriage the husband had to solemnly declare that he would not violate the rights and interests of his partner in economic matters. The joint ownership secured her numerous rites and privileges. Some law-givers even permit the wife to move the court of law to restore her property misappropriated by her husband wilfully. By and large the Hindu jurists never made a sincere effort to secure women an absolute equality with their husbands in the ownership of the property of the family. Yajnavalkya concedes the claims of the wife and sanctions a one-third share in the family, if she was unjustly supersede; but the patriarchal family appears to have ignored it completely. Landed property was held in common by the village community or by large joint families. By the time individual coparceners could assert their individual rights in the estate of the family, the husband had come to be defied; so it became very difficult for jurists to invest the wife with any substantial rights as against husband. The joint ownership of the husband and the wife thus practically remained in a legal fiction. In practice the husband was the sole owner of the family property and no legal remedy was there for her to claim a share even under unjust circumstances20. The law-givers have recognised the claims of wife to Sridhana (womens Special Property) which consisted of the bride-price, gifts given by the parents, relatives and non-relatives, and gifts given by the husband even subsequent to the marriage. However gifts given by the non-relatives after the marriage and the wages earned by the wife did not constitute Sridhana. Later landed property came to be included in the Sridhana. There is no unanimity among the Hindu jurist regarding wifes absolute right over Sridhana and her right to alienate it. Katyayana grants women the power of sale or mortgage of immovable property included in the Sridhana, whereas Narada

20

A.S.Altekar, op, cit., pp.216-17

21 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

permits only movables in the Sridhana. Later jurists divide Sridhana into categories, sandhayika and asandhyika. Women had absolute right over sandhayika which included gifts from parents and husband, the rest which came under the second category could not be alienated, but they could enjoy its usufruct during their lifetime. The law relating to the inheritance of Sridhana varied from region to region. Early law-givers favour the inheritance of Sridhana by daughters as at that time it was made up of jewellery and clothes. Generally preference was shown to unmarried and poor married daughters.

According to an old saying a wife, a son and a slave could own no property. An echo of this is found in the later Vedic literature where the right to inheritance is denied to women. The brotherless daughter could inherit the property of her father than the latters widowed wife, as the widow could marry and get a son by niyoga. This law was followed down to 400 B.C. However the situation changed after 300 B.C. and sisters having brother denied a share in the patrimony. The smritis and Kautilya concur with this view, though Sukra recommends a small share to the daughter in the patrimony even when she had brothers.

The theory of joint ownership denied the wife the right to demand partition even if she found it difficult to live with him. Divergent views are expressed by jurists in respect of the right of the wife. Yajnavalkya is the only jurist to recognise this right. In actual practice, if the partition had taken place when the husband was alive, the wife was also given a share. Mitaksara assigns a full share to the widowed mother and most of the jurists concur with this view.

Critical analysis
Behind the success of every man there is the hand of a woman, this is a well known saying that is often quoted to show the importance of the female section of the 22 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

society. It is because of the same fact that the civilizations that existed in ancient India flourished a lot and moreover as the position of women declined, the civilization also disappeared. The position of women and the status enjoyed by her in Ancient India was very mixed in nature. On one hand she was equalled to goddesses like Saraswati (goddess of learning) in Early Vedic age while on the other hand she was treated brutally by curtailing all her rights and forcing her to live a life nothing better than an animal. It is clear from the study that the birth of a girl was child neither welcomed at that time nor at this present age. But however, history of Ancient India has foot prints of certain well known, knowledgeable and renowned females, like Gargi Vacaknavi and Maitreyi. Unfortunately the education that was imparted to the females was stopped in the later Vedic age and the time after that. Her right to be knowledgeable was taken away. Moreover, her age of marriage was also lowered. The early age marriage or better which was known as child marriage was a social evil which acted like an axe to cut the very root of the female at the early childhood only. They at the age of studying and playing were busy handling the household and family. Those little hands were busy in arranging utensils rather than arranging books. This practice was the saddest part of our past which ruined the future of the female section. Moreover the early child marriage leads to greater chances of becoming widow. The position of a widow also deteriorated with time. She was to live a life of austere and life full of hardships and without any colour. Moreover later on in the period her property rights were also taken away from her. For name sake only she acted like the owner of the property of her husband but she was neither allowed to sell the same nor mortgage it. She had also to perform the practice of Sati which required a widow to site and the funeral pyre of her husband and then burning herself alive to death. This was a very brutal practice which the widow had to practice.

It is clear from the project study that the position of women was very high and respectable in the early period of Ancient India but the same declined and women lost the respect in the society and was looked down upon in the society by the members of the society. The society in the later period turned out to be male dominated one from a society where the male and the female were given equal opportunity. Women had political power in the early Vedic period which shows their high participation in the management and politics. They took part in the meetings of Sabha and Samiti but

23 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

however this practice was discouraged in the later Vedic period where only men were allowed to attend the meetings.

In the early Vedic period the wife was always supposed to participate in religious ceremonies along with her husband. In fact, no religious rite was complete without her presence. She was called "ardhangini" or the other half. However this feeling towards females changed in the later Vedic period where the women were regarded no more than a person who would look after the house and maintain the household and had no powers and authority to do anything. All powers were vested with the male section of the society. However in ancient India women were given the right to choose their own husband or life partner by the practice of Svayamvara. This was like a boon for the females. However with the popularity of the child marriage, the custom of Svayamvara (self-choice) marriages, practised by the Kshatriyas, fell into disuse, and greater emphasis came to be laid on chastity or bodily purity of girls. At the beginning of 500 B.C. upanayana ceremony for sons came which was equated to the marriage of the girls. Women in Ancient India were seen in the form other than mother sister and widow, i.e., in the form of Vesyas (prostitutes). This was the class of women who mixed freely with men and were also free from restraints which were imposed on other women. These women were thorough in four arts or kalas. These were acting, singing, dancing and music. They acted as entertaining elements for the male section of the society. The existence of prostitutes degraded the respect commanded by the women in the society.

India, with its rich cultural heritage and ethnicity has always aided the women to stand apart whilst showcasing their talent and knowledge. Right from the remote past of the ancient times till the recent era women in India stands as the logo of the term Equality. India, always attempted to usher in an era of righteousness and morality for all, irrespective of men and women. It is only country where women is equated to goddesses, like goddess of wealth (Lakshmi). The evolution of the status of women in India has been a continuous process of ups and downs throughout history. Her status has changed from one period to another and in the study of the ancient India only her position has changed greatly from early Vedic period to later Vedic period. In Early Vedic times, there was no discrimination 24 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

of sex in the field of studies. Both Panini and Patanjali refer to women admitted to Vedic study. There were chhatri (lady students) and Upadhyayi (Lady Teachers). However, this trend of liberal female education declined in the later Vedic period that followed. The right of women for initiation to Vedic studies receded slowly. By the time of the smritis, their education came to be limited to domestic and vocational studies only, by which they could become good housewives. Altekar was of the view that the participation of women in productive activities such as agriculture, manufacture of clothes, etc was at root of the freedom and better status of women in the Vedic age; and their position began to deteriorate when the cheap or forced labour of the enslaved population or of the Sudras became available to the Aryans and women ceased to be productive members of the society. In the Rig Vedic period the society had certainly left behind the state of food gathering and hunting and women held a position of honour as her participation was found to be necessary in the production process. In this period the husband and the wife were called dampati indicative of an egalitarian society in which relations between the sexes were based on reciprocity and autonomy in their respective spheres of activity. She took part in the intellectual life of the society. During the period of the later samhitas the position of women was on the whole satisfactory. As per Satapatha Brahmana the women was regarded as an equal sharer with man of the responsibilities and duties at home. She was also allowed to initiate into Vedic studies. She enjoyed high religious status and her presence was indispensable from the religious and spiritual points of view. The deterioration in the status and position of women began from 300 B.C. onwards. They came to be characterized as fickle-minded, who could be easily won over by one who is handsome and can sing and dance well. In this period people believed that woman is the root of all evils, and that she is narrow-minded. The education that was imparted to females was stopped. Her proprietary rights were taken away. The social evils like sati and child marriage found their origin which was responsible to ruin the life of the female section of the society. The declaration of Manu, that gods are pleased with (those households) where women are held in honour remained merely an ideal and in actual practice she was wergeld as equivalent to that of a sudra.

25 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

This account of the status and position of women in Ancient India makes the reading painful in the extreme. The equality in status and position with her opposite sex which she enjoyed in the Rig Vedic age was short lived and from then onwards she began to be treated as a second class citizen. The society seemed to be unsympathetic to her cause and the small mercies that were shown to her from time to time were shown only grudgingly. Thus according to me the position and the rights that women had in the early vedic period was not the same in the later period. Rather the condition of female section of society changed from good to bad to worse. The following lines will best describe the position of women, As a girl she was under the tutelage of her parents, as an adult, of her husband and as a widow, of her sons21.

Bibliography

21

The Age of Imperial Unity, p.562.

26 | P a g e

CHANAKYA NATIONAL LAW UNIVERSITY

Books referred: Altekar, A.S. The Position of Women in Hindu Civilization. Motilal Banaridass Publishers Private Limited : India, 2005 . Murthy, H.V. Sreenivasa. History of India Part-1 for law students. Eastern Book Company Publication : Lucknow, 2003.

Internet sources: http://www.historytution.com/position_of_women_in_ancient_india/2500b.c1500b.c.html http://en.wikipedia.org/wiki/Women_in_India#Ancient_India http://www.thisismyindia.com/ancient_india/woman-in-ancient-india.html http://www.kamat.com/database/klk531.htm

27 | P a g e