Vol. 3 · pages 446–450

433 THE WOMAN AND THE COUNTER-REVOLUTION made her an offering1 as he did to the others. Not only the king elect did homage to the Queen, he worshipped his other wives of lower castes 2. In the same way the King offers salutation after the coronation ceremony to the, ladies of the chiefs of the shremes (guides 3). In the days of Kautilya women 4 were deemed to have attained their age of majority at 12 and men at 16. The age of majority was in all probability the age of marriage. That the marriages were post puberty marriages is clear from Baudhayanas’ Grihya Sutras5 where an expiatory ceremony is specially prescribed in the case of a bride passing her menses on the occasion of her marriage. In Kautilya there is no law as to age of consent. That is because marriages were post puberty marriages and Kautilya is more concerned with cases in which a bride or a bridegroom is married without disclosing the fact of his or her having had sexual intercouse before marriage with another person or maiden in menses having had sexual intercouse. In the former case Kautilya says 6: “Any person who has given a girl in marriage without announcing her guilt of having laid with another shall not only be punished with a fine but also be made to return the Sulka and Stridhana. Any person receiving a girl in marriage without announcing the blemishes of the bridegroom shall not only pay double the above fine, but also forfeit the Sulka and Stridhana (he paid for the bride). In regard to the latter case the rule in Kautilya 7 is: “It is no offence for a man of equal caste and rank to have connection with a maiden who has been unmarried three years after her first menses. Nor is it an offence for a man, even of different caste, to have connection with a maiden who has spent more than three years after her first menses and has no jewellery on her person.” Unlike Manu Kautilya’s idea is monogamy. Man can marry more than one wife only under certain conditions. They are given by Kautilya in the following terms 1: “If a woman either brings forth no (live) children, or has no male issue, or is barren, her husband shall wait for eight years (before marrying another). If she bears only a dead child, he has to wait for ten years. If she brings forth only females, he has to wait for twelve 1 Jaiswal: Indian Polity, Part II, p. 16. 2 Ibid, Part II, p. 17. 3 Ibid, p. 82. 4 Sham Shastri, Kautilya’s Arthashastra, p. 175. 5 Baudhyayana, I. 7. 22. 6 Sham Shastri, Kautilya’s Arthashastra, p. 222. 7 Ibid, p. 259.

434 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES years. Then if he is desirious to have sons, he may marry another. In case of violating this rule, he shll be made to pay her not only Sulks, her property (Stridhana) and an adequate monetary compensation (adhivedanika martham), but also a fine of 24 panas to the Government. Having given the necessary amount of Sulka and property (Stridhana) even to those women who have not received such things on the occasion of their marriage with him, and also having given his wives the proportionate compensation and an adequate subsistence (vrutti), he may marry any number of women; for women are created for the sake of sons.” Unlike Manu in Kautilya’s time women could claim divorce on the ground of mutual enmity and hatred. “A woman, hating her husband, cannot dissolve her marriage with him against his will. Nor can a man dissolve his marriage with his wife against her will. But from mutual enmity, divorce may be obtained (parasparam dveshanmokshah). If a man, apprehending danger from his wife, desires divorce (mokshamichchhet), he shall return to her whatever she was given (on the occasion of her marriage). If a woman, under the apprehension of danger from her husband, desires divorce, she shall forfeit her claim to her property.” A wife can abandon her husband if he is a bad character. “A woman who has a right to claim maintenance for an unlimited period of time shall be given as much food and clothing (grasacchadana) as necessary for her, or more than is neessary in proportion to the income of the maintainer (yathapurushapari-vapam va). If the period (for which such things are to be given to her with one-tenth of the amount in addition) is limited, then a certain amount of money, fixed in proportion to the income of the maintainer, shall be given to her; so also if she has not been given her Sulka, property, and compensation (due to her for allowing her husband to re-marry). If she places herself under the protection of any one belonging to her fatherin-law’s family (Svasurakula), or if she begins to live independently, then her husband shall not be sued (for her maintenance). Thus the determination of maintenance is dealt with.” In the days of Kautilya there was no ban on woman or a widow remarrying: “On the death of her husband a woman, desirous to lead a pious life, shall at once receive not only her endowment and jewellery (sthapyabharanam), but also the balance of Sulka due to her. If after obtaining these two things she re-married another, she shall be caused to pay them back together with interest (on their value). If

435 THE WOMAN AND THE COUNTER-REVOLUTION she is desirous of a second marriage (kutumbarkama), she shall be given on the occasion of her re-marriage (nivesakale) whatever either her father-in-law or her husband or both had given to her. The time at which women can re-marry shall be explained in connection with the subject of long sojourn of husbands. “If a widow marries any man other than of her father-in-law’s selection (svasurapratilomyenanivishta), she shall forfeit whatever had been given to her by her father-in-law and her deceased husband. “The kinsmen (gnatis) of a woman shall return to her old fatherin-law whatever property of her own she had taken with her while, re-marrying a kinsman. Whoever justly takes a woman under his protection shall equally protect her property. No woman shall succeed in her attempt to establish her title to the property of her deceased husband, after she re-marries. “if she lives a pious life, she may enjoy it (dharmakama bhunjita). No woman with a son or sons shall (after re-marriage) be at liberty to make free use of her own property (stridhana); for that property of hers, her sons shall receive. “If a woman after re-marriage attempts to take possession of her own property under the plea of maintaining her sons by her former husband, she shall be made to endow it in their name. If a woman has many male children by many husbands, then she shall conserve, her property in the same condition as she had received from her husbands. Even that property which has been given her with full powers of enjoyment and disposal, a remarried woman shall endow in the name of her sons. “A barren widow who is faithful to the bed of her dead husband may, under the protection of her teacher, enjoy her property as long as she lives; for it is to ward off calamities that women are endowed with property. On her death, her property shall pass into the hands of her kinsman (Dayada). If the husband is alive and the wife is dead, then her sons and daughters shall divide her property among themselves. If there are no sons, her daughters shall have it. In their absence her husband shall take that amount of money (sulka) which he had given her, and her relatives shall re-take whatever in the shape of gift or dowry they had presented her. Thus the determination of the property of a woman is dealt with.” “Wives who belong to Sudra, Vaisya, Kshatriya or Brahman caste, and who have not given birth to children, should wait as long as a year, two, three and four years respectively for their husbands who have gone abroad for a short time; but if they are such as have

436 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES given birth to children, they should wait for their absent husbands for more than a year. If they are provided with maintenance, they should wait for twice the period of time just mentioned. If they are not so provided with, their well-to-do gnatis should maintain them either for four or eight years. Then the gnatis should leave them to marry, after taking what had been presented to them on the occasion of their marriages. If the husband is a Brahman, studying abroad, his wife who has no issue should wait for him for ten years; but if she has given birth to children, she should wait for twelve years. If the husband is a servant of the king, his wife should wait for him till her death; but even if she bears children to a savarna husband (i.e. a second husband belonging to the same gotra as that of the former husband), with a view to avoid the extinction of her race, she shall not be liable to contempt thereof (savarnatascha prajata na’ pavadam labheta). If the wife of an absent husband lacks maintenance and is deserted by well-to-do gnatis, she may remarry one whom she likes and who is in a position to maintian her and relieve her misery.” Unlike Manu every precaution was taken to guarantee economic independence to a married woman. This is clear from the following provisions in Kautilya’s Arthashastra relating to wife’s endowment and maintenance: “Means of subsistence (vruti) or jewellery (abadhya) constitutes what is called the property of a woman. Means of subsistence valued at above two thousand shall be endowed (in her name). There is no limit to jewellery. It is no guilt for the wife to make use of this property in maintaining her son, her daughter-in-law, or herself, whenever her absent husband has made no provision for her maintenance. In calamities, disease and famine, in warding off dangers and in charitable acts, the husband, too, may make use of this property. Neither shall there by any complaint against the enjoyment of this property by mutual consent by a couple who have brought forth a twin. Nor shall there be any complaint if this property has been enjoyed for three years by those who are wedded in accordance with the customs of the first four kinds of marriage. But the enjoyment of this property in the cases of Gandharva and Asura marriages shall be liable to be restored together with interest on it. In the case of such marriages as are called Rakshasa and Paisacha, the use of this property shall be dealt with as theft. Thus the duty of marriage is dealt with.” “A woman who has a right to claim maintenance for an unlimited period of time shall be given as much food and clothing

437 THE WOMAN AND THE COUNTER-REVOLUTION (grasachhadan) as is necessary for her, or more than is necessary in proportion to the income of the maintainer (yatha-purushaparivapam va). If the period (for which such things are to be given to her with one-tenth of the amount in addition) is limited, then a certain amount of money, fixed in proportion to the income of the maintainer, shall be given to her; so also if she has not been given her sulka, property, and compensation (due to her for allowing her husband to re-marry). If she places herself under the protection of any one belonging to her father-in-law’s family (svasurkula), or if she begins to live independently, then her husband shall not be sued (for her maintenance). Thus the determination of maintenance is dealt with.” Surprising as it may appear in Kautilya’s time a wife could bring an action in a court of law against her husband for assault and defamation. In short in pre-Manu days a woman was free and equal partner of man. Why did Manu degrade her? zz