Professional Documents
Culture Documents
Semester II
ASSISTANT PROFESSOR
FY BALLB B
1. Table of Content
1. Table of Content………………………………………………............02
2. Abstract………………………………………………………………..03
3. Introduction……………………………………………………………04
3.1 Research Objective……………………………………………..04
3.2 Research Question…………………...…………………………04
3.3 Hypothesis………………………...……………………………05
4. Review of Literature…………………………………………………...05
5. Division of Society…………………………………………………..…06
6. The Position of Married Woman…………………………………..…..07
6.1 Arthashastra
6.2 Manusmriti
7. The Position of Widow……………..………………..………..………08
7.1Arthashastra
7.2 Manusmriti
8. Position of Prostitute……….…………………………………………09
8.1Arthashastra
8.2 Manusmriti
9. Position of Female Slave…….………………………………………..10
9.1Arthashastra
9.2 Manusmriti
10. Women as Workers & Spies….………………………………………11
11. Different forms of Marriage…..….…………………………………...12
12. Dowry System…………………..…………………………………….13
13. Divorce System……………………..………………...………………14
14.Findings………………………………………………….…….………15
15.Conclusion and Suggestions…………………………….…..…………16
16.Bibliography……………………………………………….…….…….17
2. ABSTRACT
The role and status of women in Indian society has been evolving over time.
Changes in socio-political conditions have also had an impact on women’s
status, thus it’s important to evaluate women’s position and status in ancient
times. The main purpose of this paper is to know the status of women in two
most important text i.e. Manusmriti and Arthashastra. Both the text are written
between 2-3rd century BC. Kautilya depicts the woman in numerous chapters of
his Arthasstra, which when pieced together will give us a picture of status of
women. In ancient times women were given very respect as Manu compare
status of women to the house deity. Women were treated with respect in royal
homes, and they played an important role in decision-making and administrative
functions. They were educated in all disciplines and also played a significant
role in politics. The birth of a girl child was not welcomed among the financially
deprived parts of society, and priority was given to male children. The focus of
this paper is to find the position of married women, widow, prostitute, female
slave, workers, and spies in both Manusmriti and Arthashastra.
3. INTRODUCTION
The Arthashastra was written between the third and fourth century BC by Kautilya, who was
Chandragupta Maurya's Chancellor. He was well conversant with the Hellenistic states'
political systems, particularly those of Syria and Egypt. Kautilya was eager to integrate
foreign statecraft policies with prior Indian tradition passed down through the years to create
one of the main texts on Indian statecraft. The text is the collection of works of many authors
over the centuries. The book includes many topics like the nature of government, law, justice
system, and the duties and obligation of a king. Kautilya depicts the woman in numerous
chapters of his Arthashastra, which when pieced together will give us a picture of women at
that time.
Manusmriti, traditionally the most authoritative book for the Hindu Dharma in India. It
prescribes to Hindus their dharma i.e. the obligation they have for each member of the
society. It was written by Manu (First law giver) dated back from 2 nd to 3rd century BC.
Manusmriti envisions an ideal society and perfect human behavior as the foundation for
establishing a peaceful society and a divinely oriented life. It provides several regulations to
minutely manage human life and conduct as relevant to each individual according to her or
his social status, obligations, and responsibilities in order to achieve those values and impose
divine will. Manu's viewpoint on women's standing leaves one perplexed. On the one hand,
he treated the woman with dignity and acknowledged her importance, but the Manu code
effectively ignored her by seeing her as an incarnation of evil. In the Manu-Smriti, there are
some contradicting slokas about women's positions.
3.3 Hypothesis:
“Women in Kautilya were held in high regard and esteem, despite the fact that their
freedom was severely limited. However, liberty is not the only factor to consider when
assessing a woman's standing in a given period. The status and honour in which they are
positioned in society are factors that should be taken into account.”
4. Review of Literature
1. The Position of Women Rights in Kautilya’s Arthasastra: A Brief Exposition
Author- Leena Naskar
Source- International Journal of Multidisciplinary 2021.
This is the article focusing on the situation of women in Kutilya’s Arthashastra. This
paper basically break down the vast evaluation done on the condition of women’s in
Arthashastra. The author also mentions that women's positions have not altered, that
they were previously oppressed, and that they are still corrupted and ignored today.
2. The Position of Women in Kautilya’s Arthasastra
Author: Sudhirranjan Das
Source: Proceedings of the Indian History Congress, 1939, Vol. 3 (1939), pp. 537-563
Article is well written which explains all the forms of marriage in both Arthashastra
and Manusmriti. Author also explains remarriage, position of widow, spies, Intercaste
marriage, divorce system, position of prostitute and many more about the women and
their life. Author also compares Kautluya view on women in respect to Manu and
Megasthanese. This paper present a clear view on the socio-economic condition of
women.
3. Manu’s View on the Status of Women
Author- Nitisha
This is a simple article representing what Manu have said regarding women in
Manusmriti. The author believes that on the one hand, Manu respected and honored
women and recognized their value in society, but on the other hand, Manu's code
effectively ignored her by portraying her as an incarnation of evil. Article discussed
some of the famous shlokas of Manu and done an evaluation on that.
4. Manusmriti: The Ultimate Guide To Becoming A ‘Good Woman’
Author- Sreyashi Ghosh
Author in this article first describe the general knowledge about Manusmrit i.e.
division of society, role of all varnas, etc. Author also state that Manusmriti has been
single-handedly responsible for the derogatory position accorded to women in the
post-Vedic period. This shows author has one sided view regarding Manu and his
Manusmriti.
5. Understanding Manusmriti And Why Its Text Is Problematic And Anti-Women
Author- Sanskriti Tiwari
Author states that in the current scenario where women are demanding equal status as
men, these Manu laws limit their aspirations. So, it is past time for us to become
aware of them and reject the use of Manusmriti's laws. She highlights the five
problematic things from Manusmrit like women must be guarded, women
ostracisation, women as seducers, women should fit into standards, and women
dehumanised. Author well explained these points but missed the other side of Manu.
5. Division of Society
These texts acknowledged the existence of women in a male-dominated culture and referred
to them in its rules and regulations. According to Hindu society's complicated varnaor caste
system, these laws and restrictions were granted to women and men. To illustrate the
situation of women, a basic explanation of the varna system is required. The entire society
was split into two classes i.e. Aryas and non-Aryas 1. There were four major castes among the
Aryas. They were made up of Brahmins, Kshatriyas, Vaishyas, and Sudras. Each of these
classes was given specific societal roles. The Brahmin, Kshatriya, and Vaishya essentially
matched to the three classes of rulers, warriors, and craftspeople required in Plato's Republic
to form a perfect society. The Sudra's duty was to give his services to the other three castes.
The Brahmin was the most superior varna among the four castes. He had all of society's
rights and benefits. He was also in the position to be respected from all other three varnas.
The only disadvantage a Brahmin faced was not being able to claim ownership of a piece of
property after twenty years of living on it.
1
Religion, Skin Colour and Language: Arya and Non-Arya Identity in the Vedic Period (2019 edition)
Academia.edu,https://www.academia.edu/16414178/Religion_Skin_Colour_and_Language_Arya_and_Non_Ar
ya_Identity_in_the_Vedic_Period_2019_edition_(last visited Jul 19, 2021)
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The non-Aryas were people who were either expelled from the Arya fold for committing a
horrific act or who were never admitted 2. The chandalas were one such group, as they were
considered impure and so untouchable. Mlecchas, or spies, slaves, and foreigners were also
considered non-Aryans. During times of peace, each caste was expected to carry out its
specific responsibilities. Only in exceptional circumstances, such as war, were the castes
required to deviate from their assigned roles. With this caste structure in mind, this article
examined the position of women by categorising them into several groups. They are the
married woman, the widow, the ganika or prostitute, who can be from any varna, the female
slave, the working woman, who can also be from any varna, and the female spy.
6.2 Manu-smriti
2
Ibid.
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It is not much clear but Manu work reflects that girls should be married before the age of
puberty but it was not necessary. He also says that the age of girl should be of one-third
of the age of the bridegroom i.e. a man of 30 should marry a girl of 12, and a man of 24
should marry a girl of 8 years3. Manu also establishes a rule that a man may marry both
maiden for the same price if one has been seen and the other has been handed to him.
Refusal to give in marriage to a certain maiden, on the other hand, will be severely
punished. Manu condemned marriage between relations and says that "a damsel who is
neither a Sapinda on mother's side nor belongs to the same family on father's side is
suggested to the twice-born males for wedlock and conjugal union," he means "a damsel
who is neither a Sapinda on mother's side nor belongs to the same family on father's
side." Manu also in the favour of inter-caste marriage but on a condition that a man of
lower caste can’t marry a women of the higher caste.
3
Manu, Manusmriti, Chap.9, Verse 94.
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Manu is enraged by widow marriage, despite the fact that widow marriage was common
in his period, even if it was frowned upon by the orthodoxy to which he belonged. Manu
stipulates that a widow must never even mention the name of another man, and that a
second husband is not prescribed for women in any sacred texts. Manu was also in the
view that widow with son have to transfer all her husband property to her son. If a
widow remarry and bear a son then that child will called son of re-married woman. It
will violate the eternal law if a women will cohabit with any other men.
4
Kautilya, Arthashastra, Bk. I, Chap. XXVII.
5
Shirin, P. (2009). The Position of Women in Kautilya’s Arthashastra. Journal of the Asiatic Society of
Bangladesh.
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or the court poet, who were given the same income. Because her death closed the state's
profit channels, the penalty for killing a madam was three times her release price. The
murdering of a common prostitute, on the other hand, was punished less severely
because a common prostitute has fewer talents than the madam6.
Ganikas employed as the king attendant were divided into three groups according to
their beauty, skills, accomplishments, age and were paid into the same grade. Ganikas
who grows old and lost her beauty were employed in the kitchen or store room.
A range of legal rights were granted to the ordinary prostitute in order to protect her.
She was safe from betrayal, robbery, kidnapping, captivity, and disfigurement.
Furthermore, there was specific legal protection for a prostitute's daughter's virginity. If
a man deflowered a woman's daughter by choice or by force, he had to pay a fine
sixteen times the cost of a prostitute's visit. A Ganika daughter can also follow her
mother profession. For becoming independent Ganikas have to pay 24000 panas to state.
6
Ibid.
7
Kautilya, Arthashastra, Bk. I, Chap. XXVII (THE SUPERINTENDENT OF PROSTITUTES).
8
Ibid.
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Manusmriti says that if a fault or mistake has been done by a wife, a son, a slave, and a
younger brother may be beaten with a rope or a split bamboo9. In respect to slave it is
also said that if anyone secretly converse with anyone’s slave then he will be obliged to
pay fine10.
Manu classify slaves into seven categories: those who are held captive under a standard,
those who serve for a living, those who are born in the house, those who are bought and
given, those who are inherited from ancestors, and those who are enslaved as a
punishment11.
A slave can’t claim or inherit any property, they can only earn as a wealth. Also, a
Brahmana may take the possession of property owned by his slave as a slave can’t have
any property12.
9
Manu, Manusmriti, Chap.8, Verse 299.
10
Manu, Manusmriti, Chap.8, Verse 363.
11
Manu, Manusmriti, Chap.8, Verse 415.
12
Manu, Manusmriti, Chap.8, Verse 416,417.
13
Shirin, P. (2009). The Position of Women in Kautilya’s Arthashastra. Journal of the Asiatic Society of
Bangladesh.
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be the queen, according to the Arthashasra. All spies were afforded additional legal
safeguards14.
Manu provides the first six forms of marriage for the Brhmaas and the last four for the
Kshatriyas among the several types of marriage. The Vaisyas and the sudras must take the
last four forms, with the exception of Rkshasa. Manu, on the other hand, criticises the Asura
and Paischa forms, stating unequivocally that Paischa and Asura must never be utilised.
12.Dowry System
Manu is enraged by the dowry system, and he declares, "No father who knows the laws must
take even the smallest gratuity for his daughter, for a man who, through avarice, takes a
gratuity is a seller of his offspring. Even a Śudra must not take the nuptial fee 15”. However,
14
Ibid.
15
Manu, Manusmriti, Chap.9, Verse 98.
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Kautilya does not reject any of these types of marriage, but he does approve of the first four,
which he considers to be old custom.
As a result, according to Manu Smriti, any type of dowry is strictly prohibited. No one should
ever try to take away a woman's property. In fact, according to Manu Smriti, a marriage that
includes a dowry is a marriage of "Devils," or Asuri Vivah.
13.Divorce System
Manu believes that a wife is only praised as equal to her husband in terms of honour if she
bears children; else, she may be divorced. Unpleasant words by a woman, on the other hand,
is a significant crime in Manu's eyes, and he enables the husband to divorce his wife in this
circumstance16. In the presence of the collected family and other persons, a lady attempting to
flee her husband's home can be divorced. Manu also says that- Husband and wife should stay
together until death do them part. They should not approach or commit adultery with another
partner. In a nutshell, this is the Dharma, or religion, of all humans17.
Kautilya, like Manu, establishes regulations that allow both the husband and woman to
divorce each other. He speaks about bride rejection 18. A bride might be rejected before the
proper marriage ceremonies are performed: "The rejection of a bride before the rite of
Pigrahaa, hand clasping, is lawful." A bride can also be turned down if she is found to have
engaged in indecent behaviour with another man. These laws, however, do not apply to
brides and grooms from noble families with impeccable integrity.
However, the general rule in Arthashastra is that "divorce may be achieved from mutual
hostility." Neither the husband nor the wife has the power to dissolve the marriage against
their will. As a result, both the wife and the husband have the right to break the marriage and
leave each other on the condition that the husband seeking divorce restore to his wife
anything he had given her, while the wife seeking divorce loses her claim to her property.
However, this law does not apply to husband and wife who were married in one of the first
four types of weddings, as Kautilya states that these marriages cannot be dissolved19.
16
Manu, Manusmriti, Chap.9,
17
Manu, Manusmriti, Chap.9, Verse 101.
18
Kautilya, Arthashastra, Bk. III, Chap. XV.
19
Kautilya, Arthashastra, Bk. III, Chap. III.
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14.Findings
Arthashastra and Manusmriti both shows the position of women in society in respect with
marriage, divorce, dowry system and their work. First is that both Kautilya and Manu are
indignant towards inter-caste marriage yet they accept such marriage. In order to explain
away the infusion of new elements into Hindu culture, Kautilya is likely to adopt the concept
of cross-marriages. The listing of the issues of such marriages in the Arthashastra proves the
presence of inter-marriage. Like Manu, Kautilya specifies the several classes to which the
issues of cross marriages should be assigned. In respect to marriage Kautilya approves any
kind of marriage which pleases the parties concerned. Kautilya is also in favour of polygamy
and the ration behind this was that as girls are married for progeny. But the system of
polyandry is nowhere mentioned in Arthashastra. Despite Kautilya's harsh criticism, there
was no shortage of female ascetics during his day. Kautilya is enraged by the women who
practise asceticism. Their primary responsibility was to serve and guide their husbands in the
home. A lady shall not be permitted to practise asceticism under any circumstances. It is
forbidden for anyone to convert a woman to asceticism, and if he does, he will be punished.
A lady ascetic, according to Kautilya, is an impoverished Brahman widow who is
exceedingly smart and desirous of earning her living. The superintendent of weaving appears
to have used ascetic women in the spinning and weaving process. They have complete
freedom to travel whenever they want. And, not only in society, but also in the palace, a
Bhikshuki had an honourable and respectable status. Another strange tradition mentioned by
Kautilya is that a man who rescues a lady from thieves or protects her from flood, starvation,
or the forest gains the right to have sexual relations with her. However, we are instructed in
the same place that this habit is not to be applied to any lady of high status, who does not
desire intercourse, or who has children, so it appears to have gone out of favour. Kautilya
says that there is no limit to Stridhana of a women and he also says that daughter should be
paid adequate dowry at the time of marriage. Manu also establishes a rule that a woman's
property is limited to wedding presents, signs of affection, and gifts from her father, brothers,
and mother, as well as what her husband gives her after their marriage. All of these things are
referred to as women's property. Women are bestowed with property in order to protect
themselves from evils or tragedies, and they are only allowed to spend it in instances of
danger or calamity. Ironically, the Arthashastra acknowledged the law's inadequacy to
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safeguard the widow. It made her vulnerable to more powerful forces outside of her
husband's family, such as the king. The fact that money was taken away by the monarch if no
heirs were present solidified patriarchy's belief that the widow could not manage her
husband's fortune. Ganika, the slave or the employed woman, was more free in the
contemporary sense than the wife, as evidenced by many textual sources. To begin with, not
being a virgin at the time of marriage was a criminal offence punishable by fines. Pretending
to be a virgin resulted in a higher penalty. The inheritance law governing a prostitute's
property revealed elements of a matriarchal society, which would be unimaginable if it
applied to a wife's property.
From what has been discussed thus far, it is clear that Kautilya was born during a period
when morality had deteriorated to a large amount. As a result of this moral degeneration,
Kautilya enacted rigorous restrictions restricting the woman's independence and freedom,
which she had previously enjoyed. Manu explains, "A faithful wife must worship her
husband as if he were a deity, notwithstanding his lack of virtue, desire for pleasure, or lack
of good traits. If a wife obeys her husband, she will be honoured in heaven solely for that
reason." The general guideline in both treatises is that a woman must never be independent of
her husband and must always be dedicated and obedient to him. The Arthashastra also states
that a woman can demand maintenance from her husband as long as she is faithful to him.
Despite the constraints imposed by Kautilya, it appears from his work that women were
permitted some household autonomy. Because an unsatisfactory marriage between a man and
a woman might lead to household instability, Kautilya recommends divorce with mutual
consent. Even women from the lower classes, such as slaves, labourers, and Ganikas, did not
suffer in the hands of Kautilya, who set strict restrictions for the preservation of their
virginity and honour. The Das and Ganikas were also permitted some autonomy and were
treated with respect. The Ganikas were not the day's moral misfits. They were, on the other
hand, the most educated and accomplished in several fine arts, allowing them to have a
prominent position in society. Women in Arthashastra were distinguished by their widespread
employment in government and palace duties, as well as their reputation for being more
trustworthy than men in the king's personal services. The legislation that the King would
personally attend to the business of the women, as well as others, demonstrates the
importance attributed to them. According to Manu's work, women cannot exist on their own
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and require protection and care. Women, according to Manu, are like property that only the
owner has complete control over. He asserted unequivocally that women are like property,
and that a wife cannot be liberated from her husband through sale or repudiation. Women in
Arthashastra were distinguished by their widespread employment in government and palace
duties, as well as their reputation for being more trustworthy than men in the king's personal
services. The legislation that the King would personally attend to the business of the women,
as well as others, demonstrates the importance attributed to them. According to Manu's work,
women cannot exist on their own and require protection and care. Women, according to
Manu, are like property that only the owner has complete control over. He asserted
unequivocally that women are like property, and that a wife cannot be liberated from her
husband through sale or repudiation. Manu gave the concept of ladies first in Manusmriti.
A thorough examination of the Arthasâstra reveals that women lost much of their
independence and freedom, but their honour and status, which they had enjoyed since the
beginning, did not suffer at the hands of Kautilya. In other words, women in Kautilya were
held in high regard and esteem, despite the fact that their freedom was severely limited.
However, liberty is not the only factor to consider when assessing a woman's standing in a
given period. The status and honour in which they are positioned in society are factors that
should be taken into account. In this light, it may be claimed that Kautilya is careful to offer
them their lawful claims and rights, allowing them to hold a respectable status in society.
Kautilya's attitude toward women is kind and enlightened on the overall. All of these
considerations bring us to the conclusion that women did not hold a lower status in Hindu
society during the time of Kautilya.
16.BIBLIOGRAPHY
1. Shirin, P. (2009). The Position of Women in Kautilya’s Arthashastra. Journal of the
Asiatic Society of Bangladesh.
2. Manu, Manusmriti.
3. Kautilya, Arthashastra.
4. Religion, Skin Colour and Language: Arya and Non-Arya Identity in the Vedic Period
(2019)Academia.edu,https://www.academia.edu/16414178/Religion_Skin_Colour_and_
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Language_Arya_and_Non_Arya_Identity_in_the_Vedic_Period_2019_edition_(last
visited Jul 19, 2021).
5. Das, S. (1939). THE POSITION OF WOMEN IN KAUṬILYA'S ARTHAŚĀSTRA.
Retrieved from https://www.jstor.org/stable/44252408
6. Ghosh, S. Manusmriti: The Ultimate Guide To Becoming A 'Good Woman'. Retrieved
28 July 2021, from https://feminisminindia.com/2018/01/11/manusmriti-ultimate-guide-
good-woman/
7. Manu's View on the Status of Women. Retrieved 23 July 2021, from
https://www.yourarticlelibrary.com/women/manus-view-on-the-status-of-women/47392
8. Naskar, L. (2021). 1. The Position of Women Rights in Kautilya’s Arthasastra: A Brief
Exposition. Retrieved from https://rrjournals.com/wp-content/uploads/2021/02/235-
238_RRIJM20210601046.pdf.
9. Tiwari, S. (2020). Understanding Manusmriti And Why Its Text Is Problematic And
Anti-Women. Retrieved 30 July 2021, from
https://www.shethepeople.tv/news/understanding-manusmriti-women-text/.
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