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23 Soc. Change 3 (1993)

handle is hein.journals/sclcnge23 and id is 1 raw text is: 3 Social Chany :March 1993 :Vol. 23 No. 1 Indian women's rights Myth and reality* Alladi Kuppuswami** The paper explodes the myth that women have rights equal to those of men. Inspite of various legislations conferring equal rights on women, in reality women are discriminated against, be it in relation to political rights, economic rights, social justice or employment. Personal laws for Muslim and Christian women are lesser than those for the Hindu women. The author has suggestions to remedy the situation. H INDU WOMEN form eighty percent of the female population of India. Their status in the Vedic period (particularly during the period of the Rigveda) was high; the wife was given an honoured position. She was the mistress in her husband's home land: the wife of the eldest brother exercised authority even over his brothers and unmarried sisters. Remarriage was permitted. Even at the time of Kautilya, remarriage was allowed in certain circumstances. Manu, however, disapproved of widow marriage and said 'only once is a maiden given in marriage'. During the Smriti period, a wife was expected to be chaste and an unchaste. wife was compelled to perform penance. According to Kautilya, divorce could be obtained by the wife or husband if the marriage was in the approved form but not in the case of marriage in the unapproved form. Manu forbade divorce altogether. But during all the periods, the main purpose of marriage was to procreate children, especially sons, who were supposed to save the father from the hell known as 'Puth'. The main duty of the wife was therefore to bear children, to bring them up, and to attend to household duties. While she was treated with respect as a mother, a childless woman was viewed with pity and very often with contempt. Even today the familiar form of blessing a woman is 'May you bear ten children and make your husband the eleventh'. A girl was to be given in marriage by the father or in his absence by others in a particular order. Performing the marriage of a daughter was through a gift to the bridegroom ('Kanyadana') as though the girl was a chattel. It was supposed to be one of the most meritorious gifts, more meritorious than the gift of land, cows or gold. According to many Smriti writers like Narada, if no one was available the girl could approach the king and with his permission choose a husband herself. Child marriages were common, the proper age for marriage being usually between 8 and 12, for according to ancient Hindu Law children of any age could be married as it was the result of arrangement between parents and the children had no volition. As far as property rights are concerned, a wife could inherit her husband's separate property * Text of the Dr. (Sot.) Durgabai Deshmukh Memorial Lecture (Fifth) delivered by the author on 15 July 1992 at the Assembly Hall, Liracy House, University Road, Hydarabad under the aspices of the Andhra Mahila Sabha. ** (Chief Justice (Retd.), I ugh Court of Andhra Pradesh), 3-6-226/1. Himayatnagar, HYDERABAD - 500029.

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