Women and the law

Status of Women in Vedic, Post-Vedic and Medieval

Period.

Submitted to- Submitted by-Dr. Parul Pareek Itisha Jain(FOL) LL.M.

Introduction

Male and Female, the two basic components of our human society, depend upon each other and each one of them constitutes about half of the population. Over years sociologists and other scholars have tried to assess the problems faced by women and to study changes in their status around the globe in general and in Indian society in particular. We find that man and woman have been established as the two wheels of a chariot.

The status represents the position of individual in the group. The word status denotes the position of an individual in a system with attendant rights and duties. It is the position which the individual occupies in the group by virtue of his or her sex, age, family, occupation, marriage and achievement.

Status

The status of women refers to her position in the network of social role structure, privileges, rights and duties. It refers to her rights and duties in family and social life. The status of a woman is generally measured in the comparative amount of prestige and respect accorded to her with that of man.

The status of Hindu women in India has been fluctuating. It has gone through several changes during various historical stages. Historically speaking, women in India have passed through two phases of their life – the period of subjugation and the period of liberation. At times she has been suppressed and oppressed and at times she is regarded as the deity of the home. From the Vedic age till today, her status and position has been changing with the passing of time.

Status of Women in Vedic Period

During the Vedic Period women enjoyed a fair amount of freedom and equality. The Vedic period can best be termed as the period of feminine glory and prestigious life. Women participated in all the spheres like men. The Rig-Vedic society was a free society. The Aryans evidently preferred male child to female child. However, females were as free as their male counterparts.

. Education

Education was equally open for boys and girls. Girls studied the Vedas and fine arts.Vedic literature praises the birth of a scholarly daughter in these words: "A girl also should be brought up and educated with great effort and care." (Mahanirvana Tantra)Women, who so desired, could undergo the sacred thread ceremony or 'Upanayana' (a sacrament to pursue Vedic studies), which is only meant for males even to this day. The mention of female scholars and sages of the Vedic age like Atreyi, Romasa, Gargi, Khona, Visvara, Indrani in the Vedic era corroborates this view. These highly intelligent and greatly learned women, who chose the path of Vedic studies, were called 'brahmavadinis', and women who opted out of education for married life were called 'sadyovadhus'. Co-education seems to have existed in this period and both the sexes got equal attention from the teacher. Moreover, ladies from the Kshatriya caste received martial arts courses and arms training.

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Property Rights and Women

Unmarried daughters had share in their fathers’ property. Daughter had full legal rights in the property of her father in the absence of any son. Mother’s property, after her death, was equally divided among sons and unmarried daughters. However, married women

had no share in father’s property. As a wife, a woman had no direct share in her husband’s property. A widowed mother had some

rights.

Marriage and Women

In the Vedic age there was both the custom of 'Kanyavivaha' where the marriage of a pre-puberty girl was arranged by her parents and 'praudhavivaha' where the girls were married off after attaining puberty. Then there was also the custom of 'Swayamvara' where girls, usually of royal families, had the freedom to choose her husband from among the eligible bachelors invited to her house for the occasion.

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Wifehood in the Vedic EraAfter marriage, the girl became a 'grihini' (wife) and was considered 'ardhangini' or one half of her husband's being. Both of them constituted the 'griha' or home, and she was considered its 'samrajni' (queen or mistress) and had an equal share in the performance of religious rites. Men and women together performed religious duties, enjoyed and carried out their functions.

Divorce, Remarriage & Widowhood

Divorce and remarriage of women were allowed under very special conditions. If a woman lost her husband, she was not forced to undergo the merciless practices that cropped up in later years. She was not compelled to tonsure her head, nor was she forced to wear red sari and commit 'sahagamana' or dying on the funeral pyre of the dead husband. If they chose to, they could live a life of a 'sanyasin' or hermit, after the husband passed away.

In Mahabharta the wife has been called out the root of Dharma, prosperity and enjoyment. No man was allowed to perform the religious duties without his wife

In the post- Vedic period the status of women suffered a setback when various restrictions were put on woman’s rights and privileges by Manu. This decline dates back to the period of the Manusmriti and the increasing authority of man. The birth of a daughter which was not a source of anxiety during the Vedic period became the source of disaster for the father. The birth of the daughter. The birth of a daughter was considered inauspicious, while that of a son was an occasion for rejoicing.

Status of women in Post-Vedic Period

EducationEducation, which had been an accepted norm for women, was neglected and later on girls were totally denied access to education.

Property rights

The law givers recognized the right of property, particularly that which was known

as Streedhan, women’s property.

Status of women in Medieval Period Indian women's position in society further deteriorated during the medieval period, when

child marriages and a ban on remarriage by widows and Sati pratha became part of social life in some communities in India. The Muslim conquest in the Indian subcontinent brought purdah to Indian society. Among the Rajputs of Rajasthan, the Jauhar was practiced. Polygamy was practiced among Hindu Kshatriya rulers for some political reasons. In many Muslim families, women were restricted to Zenana areas of the house.

The former Hindu practice of a widow throwing herself on to her husband's funeral pyre.

Sati pratha Jauhar refers to the practice of voluntary

immolation by wives and daughters of defeated warriors, in order to avoid capture and consequent

molestation by the enemy. The practice was followed by the wives of defeated Rajput rulers,

who are known to place a high premium on honour. Evidently such practice took place during the

Islamic invasions of India.

Jauhar

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Purdah is the practice among some communities requiring women to cover themselves so as to conceal their skin and form from males. It imposes restrictions

on the mobility of women, curtails their right to interact freely, and is a symbol of the subordination of women

Purdah system

dowry

A gift given to or for a wife.

A husband having more than one wife is called polygamy.

Polygamy

CONCLUSION• Women in Vedic age were respected, had freedom to choose to lead a

family life. This is the golden period for women in India.• The Vedic period is characterized by the absence of purdah system, equal

rights in selection life partners, polygamy being rare. A widow could marry again. There was no discrimination between a boy and a girl. Women were given proper education and freedom during epic age.

• In Post-Vedic period the status of women fell and suffered a setback. They were not considered equal to men and did not enjoy the same rights and privileges as men. Knowledge of the Vedas became limited among women. Wives became silent partners of religious ceremonies. Purdah system was emerged.

• Medieval period is the darkest in the history of Indian women in general. Exploitation of women in the form of early marriage, female infanticide enforced widowhood etc. caused several detrimental effects of women.