CHAPTER!

STATUS OF WOMEN IN INDIA: HISTORICAL

PERSPECTIVE
1.1 Introduction

One way to judge the state of nation is to study the status of its women. In
reality, the status of women represents the standard of culture of any age. The
social status of the women of a country symbolizes the social spirit of the age.
However to draw a conclusion about the position of women is a difficult and
complicated problem. It is therefore, necessary to trace this position in the
historical perspective. In the course of Indian history from prehistoric to modem
times, there were distinct stages of the rise and fall in the status and role of
women.'

The difficulty lies in the fact, that the recorded evidence found in the
same period and in the same province have expressed opposite viev/s about the
worth, nature and importance of women. While one school considers women as
the best gift of God to men, the other school considers that the best way to reach
God is to avoid women. Some people thought that woman brings prosperity
when she is properly treated and respected and is called Lakshmi, the goddess of
wealth and prosperity. Sage Agastya says "women combine the fickleness of the
lightning the sharpness of a weapon and the swiftness of the eagle. Altekar says
that to ascertain the position of women in Hindu society, one should study their
position, under different circumstances, like normal i.e. in peace time and
abnormal i.e. in war time. Because during wars, the attitude of the society
towards women was very unsympathetic, particularly, if the women had the
misfortune of falling into the hands of the enemies. They found it impossible to
get re-admitted into their family and society.'^

A study of ancient literature reveals that during peace time the position of
women was not very satisfactory. The status of women was considered to be
 29

equal to that of the Sudras and killing of women was also not considered as a
disgraceful act. The information on the traditional status and role of women is
derived from historical accounts and classic texts/ For the purpose of depicting a
brief history of the changing position and role of women in India, the following
six broad categories are considered.

(a) 2500 B.C. to 1500 B.C. Vedic period

(b) 1500 B.C. to 500 B.C. Post Vedic period

(c) 500B.C. to 500 A.D. Smriti period

(d) 500A.D. to 1800 A.D. Muslim period

(e) 1880 A.D. to 1947 A.D. British period

(f) 1947 A.D. onwards Contemporary period

The literature on Indian history abounds with contradictory and

conflicting views on the status of woman. It can properly be understood within
the socio cultural condition of the society. The contradictory view about
women's status is a cause of the emergence of the ideals of womanhood at
different times. The concept of "Ardhangini" suggests that there was equality
between men and women, neither of the two being superior to the other.^. Later
on, barbarous practices developed and women were relegated to a subordinate
status^

The Status enjoyed by the Indian women cannot easily be assessed. While
the 'idol' was worshipped the 'real' was neglected. Cormark asserts "Traditional
Indian has always accorded women a high place and indeed equality"^
Gorwaney observes that "ideally women were accepted as a living force in
society, the embodiment of 'Skakti' and a symbol of purity religiousness,
g

spirituality and sacrifice. In practice, however, they were subjected to

suppression, many deprivations and were exploited by men. They were denied
equal rights in family, marital, social, educational, economic and political
spheres. They were assigned a subordinate status.
 30

There are recorded evidences to show that for many centuries position of
woman continued to be one in which she did not have either legal or social rights
to make her independent of the family into which she was bom or married. There
are, however greater evidences to show that the contrary was equally true; i.e.
woman was not always without rights nor was she constantly in subjection.

Therefore, it may be concluded that the status of women is a complex

question and has to be studied as an integral part of the socio-economic structure
in which women live. It can not be dissociated from it. The changes that have
taken place in their position are a part of the process of transformation of a
traditional society. The various stages of this transformation may be briefly
discussed in the following pages.

1.2 Vedic Period

Unfortunately, the position of women during the Vedic period was

glorious on account of freedom and equality. During this period, the women
participated in every walk of life. Altekar says that the position, which women
occupied in Hindu society at the dawn of civilization during the Vedic age, is
much better than what we ordinarily expect it to have been. He further says that
even before the Aryans came to India in about 2000 B.C. there is evidence to
believe that Indian women shared a responsible position with men and played an
important role in evolving a definite culture and tradition. Their status excelled
that of the contemporary civilizations of ancient Greece, Rome and even early
Christianity. There is almost a consensus of opinion among great scholars of
classical literature that during the age of Vedas (2500-1500 B.C.) a woman's
status was equivalent to that of man.'°

The position of women in Vedic period can be judged by the way in

which the birth of a girl was received. None of the hymns of Rigveda considered
the birth of a daughter as inauspicious. But we find prayers for the birth of a son
in Atharva Veda which says, "The birth of a girl, grant it elsewhere, have grant a
boy." We do find a frequent longing for a male child in the Rigveda, while
 31

during the Vedic Age, there were some parents who performed Kanyasraddhas
on the second day of the moon, for the blessing of getting learned and capable
daughters. The Rigveda praises the father of many daughters. Besides it was
recommended that "Matrika-puja" should take place first, the 'Kumaripuja' was
to be performed at the end of all Vedic rituals.'^

The Girls were educated like boys. They wore the sacred thread (Upavita-
Dhaaranaa) and used to pass through a period of Brahmacharya. After this
Upavita ceremony, the vedic women carried on the study of the Vedas, recited
Vedic Mantras, performed Vedic Rites and rituals; undertook Vedic vows and
did whatever was necessary for the proper performance of Yagaayajna, just like
a son. According to Sarvanukraamanika, there were as many as twenty women
who are credited with having composed the hymns of the Rigveda. Many of
them became distinguished poetesses and were honoured by having their poems
included in Vedic literature. Some of the high class women were highly educated
and they actively participated in intellectual and philosophical discussions. One
comes across reference in lady sages like. Gosha, Apala, Lopamudra, Indrani,
Maitreyi and Gargi. Gargi was one of the greatest Vedic Scholars of her time.
She challenged Yaagnavalkya and put many subtle and intricate questions to
him. Apart from a literary career women entered fields of teaching, medicine,
business, military and administration.''^ The marriage of girls used to take place
at the age of understanding i.e. between 14 to 17 years that, too, with their
consent. The educated girls had naturally an effective voice in the selection of
their life partners. Pre-puberty marriages were unknown as there were
Swayamvara marriages where women were given a chance of selecting their
partners. There were also many instances of love marriages. It can be concluded
that both men and women had considerable freedom in selecting their partners
though parents often arranged a suitable match.''*

If for any reason a daughter remained unmarried, she was expected to li\ e
under the protection of her father, and after her father's death under the control
and protection of her brother. Perpetual tutelage of women is of a later origin.'"
 32

The position of a daughter during the Vedic period did not suffer much from
authoritative interference. She was sociaUzed with a high degree of modesty.
She was expected to have tolerance, patience, submission to and an identification
of her personality with her husband. She, in turn, received affection,
consideration and regard. Though marriage was of great social and religious
sfgnificance it was not mandatory as some girls remained unmarried.

Ordinarily, a daughter did not have any right to hold acquire or dispose of
property. This means that she did not enjoy any legal status in the Rigvedic
times. But the unmarried daughter who stayed on in her father's house got a
share of his property. She could not claim a share in her brothers property as it is
clearly laid down in the Rigveda that, "a son bom of the body does not transfer
wealth to sister"'^ Married daughters could inherit their father's property only in
the absence of brothers'^. The social or family status of the daughter was fairly
satisfactory in the Rigvedic period.

The vedic society was largely patriarchal and male-dominated. The

household was ruled by a houselord, who exercised almost absolute control over
all other members of the family and to him his wife was bound by a strict tie of
life-long duty and obedience. Marriage, in fact, was a religious necessity for
both men and women, and neither could reach heaven without being
accompanied by his or her duly married spouse. The vedic women being
Sahadharmini or Patni had the fullest right to participate in all the religious
ceremonies with her husband. She could also perform sacrifices independently
and was not regarded as an impediment in religious pursuits. Her position was an
honoured one in the family. She was the joint owner of the household with her
husband though in actual practice she was the subordinate partner. This was
because of the prevalence of a patriarchal family system as it is today. Her social
status was not only of a loving wife but also of a loving mother. She was
described by the Vedic sages as an ornament of the home. Her social status was
of an absolute equality with man in the ages of religion.^'
 33

The Dharmashastra has raised a chaste wife to the rank of a Goddess. Out
of love veneration, she has been placed above the father and teacher. The
Panchatantra mentions that the maintenance of a home is known by the culture
of the wife, without her, a home is like a dreary forest. Rigveda accords a high
position to women. As a mother, the Vedic woman had held a far more
venerable position than a man as the father. During this period asceticism was
not of great prominence. Women had the right of free movement. Polygamy
prevailed to some extent among the royal families but ordinarily monogamy was
the rule. The main disadvantage from which the wife suffered in the Vedic age
was that she could neither hold nor inherit property. The recognition of women's
property with absolute rights (Stridhan) was slow.

Widows of this age were permitted to remarry. This practice seems to

have been accepted as normal during the Vedic period. A number of references
are found in the Vedas to show that widow remarriage was common, though the
re-married widow could not aspire for the status of 'Grihini' (wife), where she
could become the mistress of the house. The use of the word 'Parapurva' a
woman, who has had a second husband, proves that widows were remarried. The
word 'Didhisha' used in the Rigveda means the second husband of a woman.
Atharva Veda refers to 'Punarbha' that is, re-married widow. This shows that
marriage of widows was not opposed. The custom of a widow marrying the
brother of her deceased husband seemed to be common.

The institution of Niyoga (Levirate) came into Aryan society from some
non-Aryan source. Under the system of Niyoga, a widow or a woman whose
husband was not virile was allowed to have conjugal relations with her brother-
in-law, who was regarded as the most eligible person for this duty, or some other
near relation, till she gave birth to an off-spring. A widow was allowed to ha\e
two sons through Niyoga. A son by levirate was always preferred to a son b>
adoption. The custom of widow remarriage, as we understand it today, did not
exist. But even then we have some references of widow remarriage with the
younger brother or with the next kinsmen of her deceased husband. It can onl\
 34

be said that her hfe was not bound by so many restrictions and austerities as it
was in the later days. She had not to ascend her husband's funeral pyre.^"* In
other words, Sati system was not in practice. We do not find any reference to
Sati or burning of widows in Rigveda. On the other hand, Vedic hymns refer to
remarriage of widows rather than their self immolation. But in the Rigvedic
period the widow was made to lie by the side of her dead husband. She was,
however, asked to come down and a prayer was offered that she be granted a
prosperous life enjoying the bliss of children and wealth.

Attachment of importance to the birth of a male-child became responsible

for the gradual decline in the status of women. The position of women during the
Vedic age is clearly manifested from Suktas of revered Nari Rishi or women
seers in the Rigveda. Women as daughters, sisters, wives and mother had equally
honoured places in the family, society and state alike. Thus in all aspects they
had equal rights with men and were their equal partners, friends, and helpers all
through.

Decidedly, during Vedic period, the women could fight back with
violence as in Mahabhaarata or with non-violence as Sita did in the Ramayana.
But she never reconciled with evil.^^

1.3 Post-Vedic Period

After the Vedic period there were perceptible changes in the women's
status due to various reasons, among which the most important was the denial of
education. Traces of deterioration are found in all periods following 1500 BC,
but it became much more marked after the beginning of the Christian era and
reached its peak after the Mongol invasion in the tenth century.^''

With the lapse of time the position of the daughter also changed. During
this period there was a gradual decline in women's education. Girls were not
allowed to go to the houses of the preceptor or centres of education but were
taught only by near relatives like father, brother or the uncle. Therefore, only the
girls of rich and cultured families received religious and other training. As a
 35

result, there appeared a tendency to curtail the religious rights and privileges of
women in general. The desire to get a son to secure future became quite intense
and daughters came to be looked upon as encumbrances. Marriage age of the
girls continued to be around sixteen. They had some voice in the selection of
their life partners. Love marriages were also common. Among the Kshatriyas,
Swaymvara was fairly common in practice. The social and family status of the
daughter deteriorated in the post Vedic period. Her proprietary right was also the
same as it was in the Vedic age. So far as her right in the separate property of the
father was concerned, she was not altogether ignored. The following line aptly
depicts the position of the daughter; "A wife as a comrade, a daughter is a
9Q

misery and a son a light in the highest heaven"

According to Gautam Saamhita, a girl should be given in marriage before
she attains puberty. He who neglects it, commits sin. Some declare that a girl
should be given in marriage before she wears clothes. Vasistha Samhita also
says the same thing.^' There was a slight improvement with respect to her
property right in her father's separate property. Brahaspati said, 'the wife is
declared to be the inheritor of the husband's wealth and, in default of her, the
daughter, like a son springs from the limb of a man, how can any other man
inherit her father's property while she lives? The daughter could only get the
property if she were a widow or in default of the son, grandson, great grandson,
but in the normal circumstances, she could get one fourth share of the property.
As Manu said, 'but to the maiden (sister) the brother shall severally give
(portions) out of their share, one fourth part, those who refuse to give (it) will
become outcastes. Yajnakaalkya also said, but sisters should be disposed of in
marriage giving them as an allotment the forth share.'^'^ The intention of the
Smiriti writers was not to make her a shareholder in the son's property but just to
reserve some wealth necessary for her marriage. But the daughter's right of
succession in her father's property cannot be said to be established.

There were gradual changes in the position of women in this period.

Women were not allowed to participate in the performance of sacrificial
 36

ceremonies. They eventually began to lose touch with the Vedas and were
pushed back to domestic duties. The study of Vedas became the monopoly of
men. Women also ceased to attend public meetings. Having lost their importance
as comrades of men in public activities, they came to be honoured merely as
mothers. The reason for the deterioration of their status was the inter-marriage
between the Aryans and the Dravidians. The non-Aryan wife, with her ignorance
of the Sanskrit language and Hindu religion, obviously could not enjoy the same
religious privileges as the Aryan consort.^^'The black non-Aryan wife could be
her husband's associate in pleasure but not in religious rituals, say several
authorities.

The discontinuance of Upanayana, the neglect of education and lowering

of the marriage age produced disastrous consequences regarding the position and
status of women. Early marriage became a hindrance in the education of girls.
Women came to be regarded as being of the same status as the Sudra. During
this period on the one hand woman was being idealized and on the other she was
given a very degraded status.'^^

Over the property of her husband it was generally considered that a

woman had no right during his lifetime beyond the right of maintenance and
resistance. According to the Mitakshara law, in the matter of partition, a wife
was allowed to get an equal share with her own son or sons when the division
took place in the lifetime of her husband. But she could not herself demand a
partition. She could get a share only if the husband himself separated from his
sons during his life time or if the sons claimed partition during the father's life
time. Though a woman had her own property called Stridhana she was given
only limited ownership. It seems the spirit of the Hindu law not to allow women
independence as regards the disposing of property, but she had possession and
right of enjoyment. It can be said that in general, the social status of the wife
was not satisfactory.

The deterioration in the status of widows commenced from the epic

period. Widowhood was considered both undesirable as well as inauspicious.
 37

The position of widows became more pitiable because the Sutras ordered a
widow to avoid, for the duration of a year, the use of honey, meat, spirits and
liquor as well as salt and to sleep on the ground. At the expiry of six months, she
could, with the permission of her Guru, bear a son by her brother-in-law in case
she had no son. The custom of Niyoga came into existence during this period.
Remarriages are not found among the Aryan widows but there are instances of
non-Aryan widows marrying Aryans.•'^ The children by the second marriage of a
widow were given a social as well as religious status. Child widows, therefore,
married without fear of social ostracism. During this period Niyoga was
preferred to widow re-marriage.

The customs of widow burning came into existence around 400 A.D.
Though there are instances of widow surviving their husbands and offering them
funeral oblations, on the whole the position of widows was not satisfactory. The
rise of Brahmanism became detrimental to the status of women. The Hindu law
givers of this period imposed certain duties on widows, who did not ascent the
Funeral pyre and chose instead to survive the husband. All the sages prescribed a
life of strict discipline to such widows during their whole life.

The custom of Niyoga was condemned when chastity became the main
qualification of marriage. Many disapproved of the custom of 'Niyoga' and
declared that it was fit for cattle only. Although it is still practiced in some
communities in India, the custom appears very strange and unacceptable to the
modern mind.^^

Widow marriage was prohibited. The pracfice of 'Sati' was recommended

by many of the later authorities and was well established by the end of the 6"'
century A.D. The practice prevailed as early as Alexander's invasion about 325
B.C. Travelers like Strabo, Megasthenese and Diodarus who accompanied
Alexander, allude to this practice. The law-givers forced the vv'idows to lead a
life of austerities, fasting and abstinence from pleasure. Manu, the Hindu law-
giver, says:
 38

1. Until her death, let her the patience of hardships, self control and chaste and
strive to fulfill that most excellent duty which is prescribed for wives who
have one husband only.

2. At her pleasure let her emaciate her body by living on pure flowers, roots
and fruits but she must never mention the name of another man after the
husband has died.

3. A virtuous wife, Manu says again, is one, 'who after death of her husband
constantly remains chaste, reaches heaven though she has no son just like
those chaste men.'*°

The codes of the Hindu law recommended that a widow should lead a
chaste life. Loss of chastity of the widow affected not only her social status but
also her proprietary position. But the injunctions to emaciate her body and to live
on a frugal and abstemious diet were in the nature of a religious or moral
injunction.

Unjust, archaic social customs like child marriage, 'Sati' and polygamy
reduced the status of women to the level of goods and chattel. They were
regarded as 'nari-sudras' The status of widows was still more inferior.

1.4. Smriti Period

Altekar says that the period between 500 B.C. to 500 A.D. was one of the
progressive deterioration in the position of women. In the history of India, these
dark and depressing days of total injustice, intolerance and inequality will
remain as the darkest spot forever. There were varied and many reasons for the
deterioration or fall in the position of women. The only good thing that
developed during this period was the recognition of certain proprietary rights for
women. '

It is Manu's code that has had the most negative impact on Indian Women
for countless succeeding generations. Even today, it is his laws which keep
millions helpless in the prison of Hindu orthodoxy. Manu for the first time
 39

legally assigned to woman her definite place in the scale of society. But his laws
reflect a conflict between his valuation of woman as a spiritual entity on the one
side and as a unit in society on the other. He averred that a mother is more to be
revered than a thousand fathers, yet his laws place women socially on a level
with the lowest of all groups in Aryan society, the Sudra.

Manu enumerates many laws directing a wife's conduct. He says that a

wife must show to her husband such devotion that he must be treated like 'God",
even when he is conspicuously lacking in virtue. No sacrifice, no vow, no fast
must be performed by woman part (from their husbands). If a wife obeys her
husband, she will for that (reason) be exalted in heaven. In childhood, a female
must be subject to her father, in youth to her husband, when her lord is dead to
her sons. A woman must never be independent. The laws of Manu state that
women were created to be mothers and that they may perform religious rites
along with their husbands. Yet there are some passages which deny to women
the privilege of offering sacrifices.

In the period of later Smrities women were deprived of any right to

justice, freedom, education, equality and were degraded domestically, socially,
legally, economically, polifically and in every other way. They came to be called
Abala (the powerless) or 'Grihapinjarakokila' (Cuckoo of the cage of the house)
and subject to the most derogatory maxim; 'Putrartha Kriyate Bharya' (women
has to be taken in marriage for procreation only).'*^

There are contradictory views regarding the position and status of women.
While some of the earlier authorities have described women as abodes of more
evil than good, the progressive and liberal thinkers are in favour of women. They
have gone to the length of worshipping her as a living image of the Divine
Mother. In Manu Smriti we find two contradictory statements:

1. Where women are honoured, there Gods dwell.

 40

2. A women is to be protected and sheltered all through her life b}' her male
relatives - by the father during her childhood, the husband when a house
wife and the son during her widowhood.

The age of marriage was fixed at eight. The Upanayana Samskar of girl
was completely discontinued. The commentators were of the opinion that the
parents would be committing sin, if the girl's age exceeded eight years. Only in
Kshtriya families girls were married at the age of 14 or 15. Girls of rich families,
however, still received education and a few of them distinguished themselves as
poetesses and critics. The ignorance of most girls created tendency among men
to treat them lightly and pass cynical remarks about their weakness and
worthlessness.'^^

Gradually, the practice of marriage of child-widows was stopped.

Permission to the marriage of child widows was withdrawn during this period. In
the beginning of 1000 A.D. only widows from the higher strata of society were
not allowed to marry, but in course of time the custom got extended to their
lower sections also in the hope of attaining respectability. Widows were
ordained to lead a strict ascetic life. An ascetic generally removes the hair on the
head and the custom of disfiguring the Hindu widow appears to have originated
from this. During 11 century the cruel custom of 'Sati' was widely practiced.
Most of the widows voluntarily ascended the funeral pyres of their husband
because of the cruel and tiresome life they would be required to lead as widows.
Sometimes, the cruel relatives of the widows burnt them forcibly became they
were either afraid that the widows might misbehave and tiring disgrace to the
family or wanted to misappropriate their share in the family property.'*^
Consequently the practice of 'Sati' or 'Jauhar' became quite common and
popular particularly in North India.'*^

By 1200 AD the widow's right to inherit the share of her husband's

property came to be recognized all over the country. The recognition of the right
of inheritance was thus a blessing to the poor widows. The daughter comes as
the next heir to the widow.
 Manu's social codes and sanctions left their marks permanently on the
ftiture status of the Indian women. Manu clamped down women's freedom in
certain spheres in order to safeguard their position and to preserve the family
structure. Manu's famous dictums ''a woman must be her father's shadow in
childhood, her husband's in her youth, her son's in old age" is too well known.
The tenets of Manu have fostered a deep rooted belief in the intellectual and
otherwise inferiority of women. He says that women should never be given
independence. He equated women with slave and his laws epitomize complete
submission of women to men and there are still the sanctioned codes of conduct
ascribed for and by and large accepted by women.

Manu brought down the age of marriage for a girl and advocated child
marriage, though he warned fathers not to give away their daughters to men
devoid of good qualities. Though polygamy was practiced, he strongly
advocated monogamy and attached the greatest importance to sexual restraint
and fidelity to one's spouse. He laid down different rules even for a man
contemplating separation. A woman deserted by her.husband was given the right
to marry after the lapse of a certain number of years. Thus, Manu was the
principal law maker of the conservative Hindu period. His prime objective was
to safeguard the interests of the family and society at the expense of individual
liberty. Thus, the laws of Manu, as do all the earlier documents of Hinduism
show various attitudes, both appreciative and depreciative, towards women.

1.5. Muslim Period

In the Muslim period, i.e. in the 11 century onwards, the position of

women further deteriorated. Women faced a number of hardships and cruelties
due to evil practices like child marriages, Sati, widowhood, prostitution and the
devadasi system. As Hate mentions, the advent of the Muslims arrested the
progress of Hindu civilization and an era of blind faith and perpetuation of old
customs followed.'*^ Life became insecure. Restrictions on her rights and
freedom and her resultant hardships were aggravated. Women were forcibly
 42

taken away to be slaves or to marry into Muslim homes. The consequent

insecurity and instability further narrowed down women's social liberties.

On the one hand, the Muslim conquerors attempted to impose their norms
on the conquered Hindu population; on the other hand, the Hindu societ) itself
became more and more rigid curtailing thereby the rights and freedom of the
lower castes and women. Due to this two-fold reason, this period is one of the
darkest periods for women in Indian history. The steady deterioration of her
status continued till the 19* century.

Hindu women, like their Muslim counterparts, adopted the purdah. In

Northern India this practice was vary rigorously enforced. As Sridavi has stated,
'Most women, being subject to purdah, had no opportunity for education. They
remained somewhere in between the two portals, with no education, no special
privileges.^° Polygamy and purdah were two of the most important social
institutions of the Muslim conquerors of India. Under the Purdah system, not
only were women required to live in a secluded apartment in the house but also
they had to dress in an apparel which completely covered their body excepting
the eyes.^' Along with the insecurity and uncertainty which prevailed in the
Mughal period, the practice of purdah became rigid and women were forbidden
even to visit the holy shrines. They lost all their liberal activities and became the
property of their male masters. The practice of Purdah, invented to protect
women, had a restrictive effect. As a result, the social life of women narrowed
down.

During this period the role of women conformed to the dictum laid down
by Manu, the great law giver of second century that, 'a woman does not deserve
freedom' and that she should, throughout her life, be dependent on man. Another
similar dictum laid down by him was that a woman should be subservient in all
stages of her life - "in childhood to the father, in youth to the husband and his
elderly kins and to the sons when widowed.^"Among the traditional Hindu
families the fate of a woman, especially of the daughter-in-law, was always of
subordination to all other members.^''
 43

The position of the daughter in Hindu society reached its peak. As child
marriage was a popular practice of the social life of the Mughal period. Hindu
daughter, too, were married before the age of nine or ten and in some cases were
married even before they had learnt to talk.^^ The legal position of Hindu women
with regard to inheritance was again unsatisfactory. Women were excluded from
succession to property which made them dependent on men.^^ Due to early
marriage, girls were deprived of education. All these social circumstances led to
the further deterioration in the position of daughters.

Widow re-marriage was prohibited in general. Altekar says that the

prohibition of widow re-marriage began to be imposed from about 1000 AD
even on the child widows. It was totally prohibited in Hindu society from about
1100 AD. Initially, society upper caste widows were prohibited from re-
marrying whereas lower caste widows were allowed to do so but due to
Sanskritisation and the desire to increase their respectability, began to impose
upon themselves the prohibition of widow re-marriage.^^

Once widow marriage was prohibited, society desired to make the widow
as unattractive as possible so that no man could ever want to marry her. With
this idea in mind, the widow was tonnired and made to wear white clothes only.
The idea might probably have been borrowed from the Buddhist or Jain nuns
who wore white clothes, when they renounced the worldly life, since the widow
too was supposed to have renounced the world. She was forbidden to wear any
jewel. She had to sleep on the bare floor and partake a furgal meal cooked by
herself only once a day. This deprived her of good health and good looks, so that
even if she wanted to remarry, no man came forward to do so. Vedvyasa opined
that if a widow does not become a Sati, she should shave her head.^^ Widows had
to follow strict rules and restrictions and so they frequently preferred 'Sati' to the
tiresome life prescribed for them. Most widows voluntarily ascended the funeral
pyres of their husbands. This cruel custom of Sati was widely practiced during
this period. The Hindu widows who did not observe 'Sati' were held in great
dishonour. The practice of Sati was also extended to the southern parts of India.
 44

The practice of the hving women consuming her body in tire was so
gruesome that Tbn Batuta' actually fainted when he witnessed one such
instance. The widow in the case was persuaded to believe that her act of self
immolation was even more auspicious than the nuptial ceremony since it
CO

guaranteed the continual association with her husband in life after death.
Due to lustful proposal of Alauddin Khilzi, Rani Padmavati with about
700 Rajput committed themselves to flames which came to be known as 'Jauhar
Vrata'. Gradually child marriages were preferred in the society and the death of
a widow was welcome news as she would not fall into evil hands. A woman in
Hindu society has always been considered an appendage to her husband. She had
no life apart from him. Consequently on her husband's death there Vk'as no reason
for her to live on. Also the husband was her sole protector. Once he was gone,
who would protect her? During foreign invasions by the Turks, Muslims and
others when their men folk were killed, the widows were very naturally expected
to commit 'Sati'.

Hence, immolation of widows and killing of girl child infanticide started

in a large number. Such willful violence came to be called as a curse of the
Hindu society. Child marriage, girl killing, widow burning, all came to stay with
the dignity of the conventions in Hindu society because the Hindus were
destined to remain slaves for about thirteen centuries. Even the Muslims could
not prevent this fate till they became subjugated by the white rulers of England.^^

During this darkest period when the black cloud of social reaction
completely submerged the freedom of woman, a silver lining was visible. Some
of the Moghul emperors through social reforms tried to relieve the hardships of
women. They discouraged 'Sati' and adopted measures to prevent it as far as
possible, but did not succeed. For instance, Akbar did not permit it in cases
where there was the slightest disinclination on the part of the widow or when a
young widow's marriage was not consummated. During this period, two schools
of law emerged viz. Mitakshara and Dayabhaga, the exponents of these schools
being Vijnaneshwara and Jimutavahana respectively, these commentators
 45

attempted to improve the position of women. They strove to give a definite share
of property to women. However, in the total setting of complete subordination
those meager rights hardly brought any benefits to women. The Hindus did not
assimilate the customs like divorce, widow remarriage and a larger share of
property for women, which governed the Muslim society. The Hindu society had
become so static and rigidified that their contact with the Muslims, whose social
relations were relatively democratic, did not prompt them to adopt the
democratic elements of the Muslim society. The Hindu society continued its old
pattern of life based on the principles and directions of Manu.

In the history of India, the 10'^ century was a period of all around decline.
It was the darkest period so far as women were concerned. Political decay
following the disruption of the Mughal empire and disorder due to the advent of
various European powers, combined with fossilized customs, traditions,
superstition and irrational bigotry, ruined the nation. Under the new conditions,
women lost their independent identity. They did not enjoy a separate world of
their own. Until quite recently their very existence was almost merely a bare
necessity and taken to be an indispensable appendage to the male population.
They were totally and forcefully subjugated to male superiority physically and
intellectually.^"

1.6. British Period

In the latter half of the IS'*' century, when the British came to India,
women's status had dropped to the lowest level. It was the worst period in the
history of the country because of child marriage and Sati system etc. A.L.
De'Souza says, "Women were denied equal rights in marital, familial, social,
educational, economic and political fields. They were assigned a subordinate
status. The marriage ideals, power and authority exercised by the joint-family
and caste system combined with illiteracy, age-old traditions, seclusion within
the four walls of the house, made it difficult for them to seek full personality
development. They had scant personal identity and few rights".''^
 46

Cousin, referring to the status of women at the end of the 19" century,
states that the condition of woman was at its lowest point of literacy, of
individuality, of health, of social status, of freedom of movement, or initiative of
economic status of power.*'' This deterioration in the status of women brought
about a number of consequences. The uneducated were considered on a level
with Shudras, married before their characters were fully developed, transferred
from the loving and sympathetic atmosphere of the parent's house to the house
of the parents in law. Where an atmosphere of awe prevailed apprehensive of
suppression, frequently forced to drag on a miserable existence in an
interminable widowhood, their character suffered from forced repression in
some direction and unnatural stimulation in others. They had no status in society
none in their own estimation. They were more like puppets which move when
someone else pulls the strings than individual human being with minds of their
own.^^

The reasons that are responsible for the deterioration of the status of
women in India were: (1) patriarchal joint family system (2) polygamy (3) Sati
system (4) Forced widowhood i.e. denial of the right to remarr}' after
widowhood (5) denial of the right to divorce (6) child marriage and (7) the
purdah system. Because of child marriages with old men, there was an increase
in the number of widows. Both child marriage and the purdah custom led to low
literacy rate among women. Their entry to social, political and religious
functions was prohibited. They were depressed to such an extent that they could
not comprehend their own freedom and independent personality. Although we
find during this period some exceptional women like, Chand Bibi, Ranii
Laxmibai, Kittur Rani Channamma and Rani Abbakkar who made the
remarkable impact in the field of administration.^^

The British were the first rulers who unified the country as a whole and
were liberal in their thinking. They believed that rational thinking had to be the
basis for all customs and institutions and all customs and institutions not so
based on reason had to be done away with. Hence, during the British rule Indian
 47

society faced significant modifications. The British Government worked slowly

and succeeded in providing an alternative way of life for those Vv'ho wanted
change, by introducing a new type of economy, state structure, educational
system and also by passing new social legislations.

For the upliftment of v/omen in India several factors were responsible..

The first one was the direct influence of the British noted for their courtesy
towards women; the general awakening of Asians in the twentieth century and
the political struggle for India's independence also gained considerable force to
the feminist movement in India. "*

The position of girls, women and widows was improved during the
British period. They introduced female education in India. But the system of
child marriage came in the way of the spread of female education. Hence in 1929
they passed the child-marriage Restraint Act. This Act restricted the evils of
early marriages and increase in the number of girl widows. The Act not only
prohibited the solemnization of child-marriages but also raised the minimum age
for marriage of girls to 14 and of boys 18 years. This Act of 1929 was also
known as the Sarda Act. Besides removing the evils of child marriage, it
promoted female education. This led to the improvement in the position of the
daughter.

The familial social status of the wife also improved during the British
period because of rise in female education and the rise in the age of marriage.
The Hindu Women's Right of separate Residence and Maintenance Act of 1946
enabled Hindu wives to claim maintenance even without having judicial
separation under certain circumstances. Women acquired a new social status
because of social legislation called the Civil Indian Marriage Act, 1872.

The cruel practice of 'Sati' was on increase throughout the 17"' and 18""
centuries, because at this time religion had become corrupt and people were
governed by the priests. Hindus at this time were unenlightened and had become
strict followers of customs and conventions. People firmly believed that man's
 48

sins were completely washed out if his widow was burnt alive with his dead
body.

The pitiful and pitiable plight of the widows who were forced to commit
'Sati' attracted the attention of a good number of enlightened Indians and the
British under the leadership of Raja Ram Mohan Roy and Lord William
Bentinck. Inspite of the strong opposition, a historic resolution of great
importance was passed in December, 14, 1829, by which Sati was made a crime
of culpable homicide punishable with fine or imprisonment or both. However,
the widow was ill treated by her in-laws and kinsmen as the virtual destroyer of
her husband. She was never allowed to appear cheerful or wear bright clothes or
ornaments. She had to drudge along day and night and was the victim of all
kinds of insolence by other women of the household including servants. The
tragedy became all the more poignant if the widow happened to be the child.
Therefore, in order to improve her lot, the British passed the Hindu Widows
Remarriage Act, 1856. This Act was enacted to remove all the legal barriers to
re-marriage of Hindu widows.

Later, the British realized that they could stop 'Sati' by police force but
that they could not arrange the remarriage of widows. These widows had to
suffer because they had no property of their own. To improve the economic
condition of the women the Hindu Women's Right to property Act 1937 was
passed. According to Section 3 of the Act, on the death of a Hindu male, not
only his son would succeed but also his widow and the widow of the pre-
deceased son. By this Act, a widov/ got the right to claim partition and a right of
enjoyment of that property during her life-time. Though she was made a limited
owner of her husband's property, she was freed from depending on other
members of her husband's family for food and other necessary requirements.

Besides these governmental activities, Mrs. Annie Besant, in 1917. tried

to promote women's education through the Indian Association. In 1920 the
Federation of University of Women was established and in 1925 National
Council of Women started. Great personalities like Raja Ram Mohan Roy. the
 49

founder of Brahma Samaj Ishwarchand Vidyasagar, as the founder of Arja

Samaj, Dayanand Saraswati, Keshub Chandra Sen, Gopal Krishna Gokhale
Ramkrishna Paramhansa, Swami Vivekanand, Byraamajai Malabari, Pandita
Ramabai and others tried to bring about unprecedented awakening among
women who were down-trodden and had been oppressed for centuries.

The famihal, social and legal position of the Hindu women greatly
improved during the British period, as compared to the Muslim period. Although
a small section of women took advantage of these measures and privileges given,
their initiation was indeed significant. During India's struggle for independence,
thousands of women took part under the leadership of Mahatma Gandhi, Sarojini
Naidu, Vijayalaxmi Pandit and Kasturba Gandhi. Gill has rightly observed about
the achievements with regard to the status of women during the British period
that if a person who died a hundred years ago comes to life today, the first and
most important change which would strike him is the revolution in the position
r- 65
or women.
1.7. Contemporary Period

Due to the principles of democracy based on liberty, the role of a woman

began to change towards greater emancipation from man's domination. In India,
due to efforts of social reformers and social legislations, women were brought
out of the confines of their home.^^ The process of industrialization and
urbanization had their share in the changes which foUowed.^^ It was the
twentieth century that brought about dynamic changes and new concepts which
improved the status of women giving them fresh dignity and importance.

The Constitution of the Indian Republic has incorporated in its objectives,

the principle of equality and has ushered the Indian women folk into a new era.
It has also proclaimed the equality of men and women in all domains of life. In
Article 15 of the constitution it is mentioned that, 'the state shall not discriminate
against any citizen only on the ground of race, religion, caste, sex, place of birth
or any of them. Article 16 provides, 'there shall be equality of opportunity for all
 50

citizens in matters relating to employment or appointment to any office under the

state. Under Articles 325 and 326 women are not only given voting rights but
also the right to contest elections. They can take part in the political life of the
country and hold any office from the highest to the lowest. Even the Directive
Principles of State Policy contain directives towards the emancipation of women.
Article 39 provides 'equal pay for equal work irrespective of sex'. Education is
also made free and compulsory for all the children of 5-14 age group.
Accessibility of education and availability of increasing opportunities for
acquiring education has brought about tremendous changes in the role of
women.

Apart from the Indian Constitution, many other modem Indian

legislations have improved the position of women by offering her the same
rights, opportunities and openings which a man already had. For example, the
Hindu succession Act, 1956 has recognized the right to property of the Hindu
daughter. This Act has placed the daughter at par with the son. Now she can
succeed to the undivided interest of her father in the joint property and to the
separate property of the father along with other heirs specified in clause I of the
schedule. Dowry system, an abominable social evil, which makes young
woman's life miserable, has been curbed by the enactment of the Dowry
Prohibition Act of 1961. After the Hindu Adoption and Maintenance Act 1956, a
wife enjoys a respectable position. She can even live separately under Section 18
and can claim maintenance under certain circumstances. The husband can not
adopt a child without the consent of his wife under section 7 and the wife under
Section 8 can adopt a child when her husband has completely and finally
renounced the world or has ceased to be a Hindu or has been declared by a court
of competent jurisdiction to be of unsound mind. Under the Hindu Marriage Act
1955 both husband and wife can claim divorce.

Widow remarriage has been legalized. Section 14 of the Hindu

Succession Act 1956, has made her the absolute owner of the property. She is
not diverted of the property, which she has inherited from her first husband even
 51

after her remarriage. Under Section 6 of the Act, she inherits the coparcenary
interest of her husband along with the son and daughter. Section 6 of the Hindu
Minority and Guardianship Act, 1956 recognizes her as the natural and legal
guardian of her minor children after their father.

The above stated legislations have promoted emancipation of women to a

very large extent. Besides these legislations, under the provisions of the
Directive Principles of State policy each state has undertaken women's welfare
programmes. The Central and State Governments have shown keen interest in
betterment of the legal, social, educational and cultural status of women. There is
hardly any field today wherein women have not entered. In a nutshell, it can be
said that education and women's participation in all fields of economy, science
and culture is helping them in achieving the real equality.

On the basis of above discussion, it may be concluded that the present

status of women in India is pleasing and satisfying. But it is only one side of the
coin. The actual position is somewhat different. With rapid urbanization and
industrialization of the country, exploitation of women in recent years has been a
serious menace to our society. Notwithstanding the multiplication of legislation
in various fields with a view to improve the social, political and economic
conditions of women, even the ancient forms of victimization, child marriage
and premature consummation resulting in early and dangerous pregnancies,
female infanticide, illegal abortions, dowry deaths, rape, eve-teasing and various
other forms of molestation of women still continue. In fact, since the passing of
the Dowry Prohibition Act and even after several amendments to the I.P.C,
Cr.P.C. and the Evidence Act, dowry deaths are on the increase. Under the
Hindu succession Act, parents make will depriving daughters. Though bigamy is
an offence, the rate of desertion by husbands and illegal second marriage is on
the increase.

The advancement of reproduction technology has brought in the new

phenomenon of female foeticide. One study revealed that nearly hundred percent
of the aborted fetuses were females. The condition of elderly women is also not
 52

satisfactory especially those of widows. She has to earn to run the house and
raise her children. If she does not earn, her condition is even worse. If the widow
has no issues, she has to work hard as a maid servant in her husband's tknily or
relations who might have taken her in and is totally dependent, for all her needs,
on others. She has neither economic security nor a say in decisions concerning
her. Families still believe that once a daughter is given away in marriage, she
cannot be given away again to another person. Hence, widow remarriage, tough
sanctioned by Hindu Widows Remarriage Act of 1856, seldom takes place and is
/TO

discouraged.
Thus we see that the condition of Indian woman is still shocking. The life
of woman in India is surrounded by violence, neglect and exploitation. The
incidence of Bride burning is happening everywhere in our country these days
and the number is increasing alarmingly. Even the educated urban and well
informed women are exposed to such events.

The Committee on the Status of Women in India rightly concludes that,

"the entire exercise of our committees has indicated that in certain important
areas and for certain sections of the female population, there has been repression
from the normative attitudes developed during the freedom movement. Even
after the promulgation of the laws legal measures, the protection enjoyed by the
large masses from exploitation and injustice is negligible. Though, women don't
numerically constitute a minority, they are beginning to acquire the features of a
minority community by the recognized dimensions of inequality of class,
economic status, social position and political power...The chasm between the
values of a new social order proclaimed by the constitution and the realities of
contemporary Indian society as far as women's rights are concerned remains as
great as at the time of independence.^^

1.8. Concluding Remarks

It appears that the Ancient Hindu society had a flexible social structure.
There was equality between men and women. Women were given freedom to
 53

move freely in the society and to take part in public life. This gives us an idea as
to how they had realized the truth that women too have their own contribution in
the development process and progress of the society.

Later on, many barbarous practices developed and women were confined
to a subordinate status. The Shastras directed women to be in the state of
dependence and submission. The deterioration of the status of women started
with Manu, who equated woman with slave and said, "a woman should never be
independent". He led society to consider a woman to be a perpetual minor and as
such should always be looked after by others. Education was denied to her and
she was confined to the shadows of ignorance. She used to be behind purdah and
living in the seclusion. Woman was known as 'abala', a weak helpless and
powerless person, incapable of managing and preserving the family property. A
wife was treated as a property of her husband. She was made to immolate herself
on her husband's funeral pyre. The subordinate position of woman was deep
rooted in the Indian society of that period.

Woman's role began to change towards greater emancipation from the

domination of man with the advent of the British rule, democracy and liberalism
all over the world in the eighteenth century. This new freedom brought about
new changes in the role of women. In addition to this the processes of
industrialization and urbanization also brought forth a lot of changes in the life
of the people. With the efforts a number of social reformers of the 19'^ century
and the legislations passed after independence, women were brought out of their
homes and helped in achieving equality with men. These changes have caused
profound influence on different dimensions of the family system and women's
status in the society.

But the law alone is not enough to bring about a radical change. Not
withstanding the multiplication of legislation in various fields, with a view to
improve the social, political and economic conditions and status of women,
exploitation of women in recent years has been a serious menace to our socieu.
Even the ancient forms of victimization, such as child marriage and premature
 54

consummation resulting in early and dangerous pregnancies, female infanticide,

illegal abortion, female foeticide dowry deaths, rape, eve teasing and various
other forms of molestation of women still continue.
 f\Ab ],\\^
J*... >*•.
i n

REFERENCES ^%6?«/^QI OnK^*' - ^

1. K. Gill, Hindu Women's Right to Property in India 17 (1986).

2. Idatll.
3. A.S. Altekar, The Position of Women in Hindu Civilization 319 (1983).
4. /^ at 305-17.
5. P. Praabhu, Hindu Social Organization 22 (1958).
6. Y.B.Singh, Socil Life in Ancient India 75 (1981).
7. M. Cormack, She Who Rides a Peacock - Indian Students and Social
Change 104(1961).
8. N. Gorwaney, Self Image and Social Change - A Study of Female
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9. R. Mehta, The Western Educated Hindu Women 16-113(1970).
10. G. Sudha, "Changing Status of Women in Society", Women: Her
Problems and Her Achievements, 91 (1977).
11. AtharvaVeda,yi,2-l>.
12. B.S. Upadhyaya, Women in Rigveda, 43 (1974).
13. /^ at 44-6.
14. 5wpra note 3 at 338.
15. R.B. Pal, The History of Hindu Law, 302 (1958).
16. M.N. Banerjee, "Hindu Family and Freudian Theory", Indian Journal of
Social Work, 180-186 (1945).
17. S.R. Shastri, Women in the Vedic Age 4-5 (1960).
18. Rigveda, II. 17.
19. Rigveda, III, 31-32
20. Supra note 15 at 45.
21. 5wpra note 3 at 338-39.
22. Supra note 1 at 23.
23. 5wpra note 3 at 144-145.
24. /£/atll8.
 56

25. N. Venkatarayappa, Feminine Roles, 36-7 (1966).

26. Niroj Sinha, Women and Violence, 47 (1989).
27. 'V.V.Praksh Rao and Nandini Rao.
28. Supra note 3 at 340.
29. Supra note 1 at 26.
30. GautamSamhita 11.9.24.
31. Supra note 1 at 24-5.
32. ManuIX. 100.
33. Supra note 1 at 24-5
34. Supra note 3 at 345.
35. /fl?at348.
36. Yajnavalkya Smriti, 11.115.
37. Swpra note 1 at 29-30.
38. Mahabharat XIII, 55.7.
39. ^w;?ranote3 at 146-9.
40. R.M. Das, Women: Manu and his Seven Commentators, 221-7 (1962).
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42. Das, Purdah: The Status of Indian Women 27-8 (1932).
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Beauchamp, 357(1906).
47. Ila Mukharjee, Social Status of North Indian Women, 114-35(1972).
48. Verghese Khanna, Indian Women Today, 2 (1978).
49. >Sw/7ranote45 at 175.
50. S. Sridervi, Century of Indian womanhood, 75 (1965).
51. Neera Desai, Women in Modern India, 23 (1957).
52. 5wpranote 16at 184.
 57

53. Brabara Ward, Women in the New Asia, 102 (1963).

54. Rekha Misra, Women in Mughal India, 132 (1957).
55. Tara Ali Beg, Women of India, 12 (1958).
56. Supra note 3 at 156.
57. Wat 160.
58. Supra note 51 at 24.
59. Supra note 26 at 47-8.
60. Krishna Basu, "Movement for Emancipation of Women in the 19
Century" Role and Status of Women in Indian Society, 38 (1978).
61. Margret E. Cousin, Indian Womenhood Today, 13 (1947).
62. S.C. Dube, "Man's and Woman's Role in India: A Sociological Review"
Women in the New Asia, 196 (1963).
63. Supra note 10 at 90.
64. Supra note 1 at 35.
65. /<iat38.
66. B. Kuppuswamy, Social Change in India, 84 (1972).
67. Alien D. Ross, The Hindu Family in its Urban Setting, 17 (1961).
68. S.K. Ghosh, Indian Women Through the Ages 19 (1989).
69. Veena Mazumdar, Towards Equality 29 (1974).