Chandra Latha

So free am I, so gloriously free,
Free from three petty things -
From mortar, from pestle and from my twisted lord,
Freed from rebirth and death I am,
And all that held me is hurled away.

(Mutta, Theri gatha, Poems by Buddhist nuns, c. 6 BCE
Translated by Uma Chakra varthi and Kumkum Roy ) 1

What if William Jones, Indian supreme court judge, 1784, sensed "the breath of liberty" 2 and enthused in the "serenity" and "calm 4" that filled the mind of woman?

Perhaps, he would have given a new perception to "Warren Hastings "Plan of 1772" of an equalitarian society of reason and compassion, a step ahead, in the modern world, where, each and every ".. woman well set free! How wonderfully free...!" 5

Instead Jones developed enthusiasm in Dharma shastras that said "Women shall not have freedom", with help of orthodox scholars, he translated Manu Dharma shasthra into English. And it served the Colonial purpose.

The initial enthusiasm and deep impression of the religious textual law, received additional support by the proclamation of Queen Victoria, after The Great Revolution (1857, Sepoy Mutiny), "in framing and administering the law, due regard to paid to the ancient rights, usages and customs of India" 6

Judicial decisions, administrative classifications and even by legal enactments, religions are categorized and systemized by state. Religious laws are established and deeply strengthened.

No single teacher or a prophet, nor a single god or goddess, no single text or sacred book that is accepted by all Hindus...to quickly refer or identify with Hinduism.

But, there are many. And the most conservative manu smrithi (Laws of Manu) was chosen.

Patriarchy and caste hierarchy were legitimized by Personal law.

People were divided and ruled by religions, castes and gender.

Sacred texts, pundits and khazis stepped into courts and women into slumber.

***

Post colonial India emerged as a secular, democratic state providing its citizens liberal fundamental rights.

• Fundamental rights guaranteed by the Constitution of the state to its every citizen, with right of equality ie," equality before law " and "Prohibition of discrimination on grounds of religion, race ,caste ,sex or place of birth."
• Right to freedom of religion is explained as "Freedom of conscience and free profession, practice and propagation of religion."

On contrary to the fundamental rights of citizens or to the secular state policy, state governs, advocates, judges its citizens by its Personal law, a colonial seepage, based on religions.

The status of woman in any religion is secondary. Thus patriarchy in India is established and protected by the state. Women are discriminated by Law. A paradox to equalitarian policy of the state.

***

It is difficult to understand what is known as Hinduism today... without realizing the multiplicity of Indian culture and plurality of ethnic roots.

The wider application of the term 'Hindu' originated with the Arabs after the eigth century AD when it referred to all those who lived beyond the river Indus.

Deep rooted in the corpus of Vedas, the Vedic Brahmanism evolved over innumerous cults, sects, rituals, beliefs, faiths, doctrines and codes over the ages, and parallel to shramanic (monastic) and materialist religions and through sectarian... later to be broadly identified as Hinduism.

Hindu-ism as a religion is a modern identity.

"Hindus become Hindus by sort of mass conversion of mass classification..." 7(Hindu Imperialism)

Until the first census report of 1871- 72 was declared, the identity was sectarian.

Shaiva and Vaishnava being 'the broader labels' and 'narrower labels like pashupathas, bhaghavathas, and so on.'.

"The consciousness of a religious identity was that of a sect and not that of all- inclusive religion incorporating every sect. This makes a significant difference to understanding the nature of what today is called Hinduism." 8 (Romila Thaper )

This demographical classification was based on conservative sacred text ,manu smrithi People were categorized by the caste hierarchy, eventually those who were not followers are brought under this label.

Matriarchal societies like Nair community, apart from their fight against it, regularized by patriarchal sacred laws.

"Some of the poorer classes who did not know what all meant or... even some influential communities were, without their knowledge and consent, brought under low caste groups by officers and historians." Thus "who were out side the savarna... brought under dharma shastra who consist 85% of the religion are Non-Hindus" (Hindu Imerialism)9

Even today, every Indian village has unique grama devatha (village goddess), kula devathalu (caste deities) and many matriarchal rituals and beliefs still continue simultaneously with main religion, many connected to fertility and agricultural operations.

Some of these were adopted by main religion.This female principal is captured, diminished and overshadowed by Vedic patriarchy by a simple technique of identifying the mother goddess with wife of Aryan male deity.

...and most of their status also met heirarchy as many regarded as mean goddess (khsudra devathalu ).

This broad classification created a general idea of Hinduism as majority religion and Muslim the major minority. Hence to be protected.

And also, a general perception that Religions covered under Hindu law as religions of indigenous origin and the rest religions of foreign origin.

By assimilating matriarchal societies like that of Nair's community, patriarchy is established by state.

***

Laws of Manu (Manu smrithi ): The religious sanction of personal law which was found in Manu smrithi brought into the modern period.this results from the claim that personal laws are part of religious traditions, whether one is believer or not.

Like many ancient texts it claims divine origin and sacred sanction.
Manu concerns justice based on inequality.
Caste hierarchy and patriarchy... are the quintessential of it.

Manu smrithi gives no freedom to woman. If some men are lower than other men, women are lower than men.

(Women are by nature passionate and not to be trusted alone. In childhood a woman should be in her father's control, in youth under her husbands and when her husband is dead, under her sons.")

Manu made marriage a sacred one and woman has no property or divorce right.

Purity and pollution or contamination by mlechhcas was the basic concern. Severe rules based on caste heirarchy are strictly advocated. Breach of it included excommunication. Sudras and women were meticulousy pushed to survile status.

Laws of manu are in fact duties to be followed and lays down punishments if failed.
These punishments are not limited to mundane world, some punishments will continue in the eternal world.. Rebirth and theory of Karma are base for this. "A woman who is unfaithful to her husband is an object of reproach in this word, (then) she is reborn in the womb of a jackle and tormented by the diseases born of her evil."

"The earlier dharma suthras were written when the urbanization in the Ganges plain was upsetting the moves of the Vedas and the "heterodox sects" were questioning brahmanical norms. And manu dharma shastra was written during the period of degenararte kshayathriyas" 10 ( Romila thaper pg,261)

That was the period of Sramanism (monastic religions), Buddhism and Jainism.
Sharamanic religions, buddhism and Jainism..provided woman freedom and an alternative in as much as it offered security within a socially accepted system.

Women had freedom of divorce, property right and freedom of education.

• There was no caste hierarchy in the monastic religions, and teaching of reason and compassion gave many oppressed a new alternative institution.
• Vedic Brahmanism based in vedic idealism and imperial kingdoms. The necessity to combat the non-vedic religions understood in writing dharma shastras, epics, and puranas.

Epics were heroic ballads and have imaginary space. Puaranas were created to meet the need for the assimilation of new deities and Dharma shastras to with held the "change" in the contemporary society and uphold vedic supremacy.

But, historians observe a lack of fit between the vision of normative texts and social reality. Society was enjoying the economic stability. Social norms endorsed by a small privileged group was not adapted by state as shramanism was patronized by royal and merchantile classes and women and marginalized castes who were the majority population.

"Manu with an aspiration to oppose Buddhism forged chaines to bind and suppress woman..." "Manu did not create any new regulations or laws but only reiterated them and gave the social doctrine of suppression of a new shape ie, made it a policy of the state... Manu's aim was to eliminate freedom women enjoyed during Buddhist period. (Dr.BR Ambedkar, "Rise and fall of Hindu woman")

"The severity of Dharma shastras was doubtless a commentary arising the insecurity of the orthodox in an age of flux."( 279-romila)

This helps us to understand how the orthodox, coalition with state, could suppress reason and compassion. and women's freedom is targeted and pathetically curbed to preserve and keep up the conservative religious traditions which they never enjoyed.

"Manu did not content himself with just declaration of principals but prescribed injuctions to women." (Dr.BR Ambedkar)

***

Whether geographical identification or demographical categorization or legally applied, multi-ethnic, pluralistic Hindus form one of the major homogeneous group

The dramatic effects after identifying as a single group ,in the colonial conditions lead to nationalism and introspection to social reforms. most of the times nationalism and social reform ran together.

Since then, caste issue and woman issue have been concern for nationalists and social reformers and the positve effects resulted in Independence and modernity of India.

This categorization as majority group also initiated Hindu - ness or Hindutva. (Hindu fundamentalism.)

Hindutva which was started in 1920's (Savarkar's Hindutva: what is Hinduism, first quoted this word) came into prominence after 80's and after demolition of Babri masjid strengthened politically and socially.

Hinduthva is moving ahead with jingoistic fervor training "strong militant sons " to protect "chaste mothers and passive sisters".

Fundamentalists organize woman groups. They have many programs to promote virtues of ideals and principles of Hindu woman and their roles as mothers and sisters with devotional attachments.

***

Last few decades, seen a radical change in woman perspective.

Educated Women excel in various fields and their entry into "male space" is often highlighted. Figurative growth is published periodically and discussed enthusiastically.

50% of medical graduates, 50% of graduates, 21% of software professionals, 18% employees in organized sector are woman. (India Today,4-4-2005)

These figures speak something. A silent revolution on traditions and idealized womanhood. There is an unspoken redefinition of pre-existing social values.

Woman began to talk about themselves ...about their body, psyche and mind ,their status at home, work and state, beyond patriarchal conditioning.

Issue and identity based woman perspective is more scholastic and relative.

On the other side, domestic, social and institutional violence on woman is recorded as... "a physical assault every 30 min., a rape every 54 minutes, an eve teasing for every 51 min.s ,for every 26 min. violence on women and every 100 min. a dowry death!"

Even today more than 50% Indians are non-litarate and most of women work in unorganized, unprotected sectors. Economically and socially marginalised
Classes.

Their needs are humble. Their lifestyles are simple. Most of them have no idea of rights or laws. Their religion is their caste and family. And not the manu smrithi or personal law. The caste courts often conclude cruel upon woman.

Hinduism is also multi layered. It is not the same for all. If look as we go down the hierarchy the rigidity decreases. They become more porous. As we go up religion hardens.and bounded.

So, the focus and solutions of issue and identity based woman activism can't have unilateral application.

Diverse socio-economic relations and conditions influence woman's status and gender suppression.

Indian culture and religions... unique and diverse... live in family. Human relations play vital role to maintain beliefs, traditions and culture.

Feminist movements have often considered as anti-family movements disturbing
harmony of the family and community. And also understood as belittling and attacking the traditional roles in family.

The status of woman was directly related to language. Majority of multi-lingual Hindus overlaid by language of minorities.

The taboos of language that feminist writers broke were taboos for upper class literates.

Literature of non-literates is of oral tradition and had no language inhibitions or taboos as such. This was the reason why figuratively minor literate classes looked down folk literature of majority, multi-lingual, non-literate groups, until recent times.

Communalists started replacing vernacular languages by sanskrit in prayers etc.

Right wing groups have under taken all issues ranging from personal Laws to reproductive rights. Some issues like beauty contests and demand for Uniform civil code... feminists found... same goal as fundamentalists, though they have different reasons.

Personal Law:
In 1951 the Hindu code bill was introduced by Dr, Ambedkar and under his able guidance this Bill sought to make radical changes in the Hindu personal law. Code bill was reconfiguration of Hindu Law on the principles of modernity.

It is not coincidental to call personal law as family law. Though many changes were done to the colonial sacred law to make secular, traditional elements and religious rituals and customs are legitimized.

Indian secularism is that of pluralist approach.So are the personal laws. If the pluralistic fundamental model of secularism gains ground, family and family law will make stronger claim on the polity.

Uniform civil code is the solution ahead for both Left and Right.

Religious fundamentalists have come up with manu smrithi while some them are strong supporters of uniform civil code.

The completely secular Uniform civil code may be a break from tradition and the community identity as majority homogeneous group will be undermined. This identity value may be the strong point to fundamentalists to go back to dharma shastras or pre independent-religious law.

"Such a return would involve giving up practices that bridges between orthodox Hinduism and modernity and which have become acceptable to many Hindus."

Uniform civil code is often identified with nations unity. Uniform law for a nation-state is more theoretical, but not a necessity.

And the uniform code should not be derived or influenced by any particular religion, but by human rights and that can keep up human dignity of men and woman alike.

When Law is divine, it will be beyond question. If Law is by state there is always chance to rationalize. For securing and exercising human rights it is a crucial requisite.

Rights and laws alone cannot bring a social change, but they create an ambiance for change.

For example, dowry is a menace. and laws are made to prevent and abolish the dowry system. It is not only deep rooted but, is in practice of non-Hindu religions. So, is monogamy.Many educated muslims follow monogamy though they are legally permitted for polygamy. Though Sati is abolished, cases are recorded in Uttarpradesh.

A secular state with seperation of state and religion is crucial for woman.

The Indian model is that of pluralism, all embracing tolerence

Now, it seemed to be moving towards pluralism of fundamentalism.

And the formidable alliance between state and fundamentalism is a threat to freedom of woman.

In democratic legislation, women have little or no significance in policy making.

The Political security by reserving electoral seats for woman in parliament is a strong proposal to secure liberty of a woman. Why do we need reservation? Because the percentage of women in First parliament is 4.4% and after 50 years it is 8.8%.

In fact it is the rural and uneducated women who already showed active participation in rural polity ( 77,210 / 638,000 ). This was possible only after the 73 amendment of the constitution.

Kerala that has highest literary rate of 90% has political representation of women is 9.2%.

Where as the assembly of Bihar that has lowest literacy rate in India has 3% representation of woman.

Modern Hindu woman knows that she is not goddess or slave.

"The modern woman doesnot want to create a social chaos.She is only trying to get out of it. Let her not be handicapped by the load stone of the fictious ideal of the Indian Woman hood, tied round her neck."

Career oriented education, professional pressures, competitive stress, pressure to meet the global challenges, modernization of life turning young generation more and more practical.

Consumer culture and global marketing strategies made many luxuries of yesterday a need today.

They are redefining personal, social and institutional relations. Global exposure brought new perceptions.

The nostalgia for ethnicity or insecurity of the day educated are looking towards religion.

On the other side, people who are illiterate, poor, paupers by unexpected calamities continues to seek comfort in religion.

Both conditions are ideal for Religious fundamentalism...whether it is faith or fear. Religion is revisited and re-embraced. More than ever before.

But, many live between these two. Optimistically. Working for positive space of reason and compassion.

A Space where there will be freedom, equality, fraternity.

***

References
Engish:

History of Hindu Imperialism by Swami Dharma Theertha.,Published by Dalith educational literature center, Madras.

Dr.Baba saheb Ambedkar Writings and speeches Published by Govt of.Maha Rastra

Rise and Fall of Hindu woman : Dr.Ambedkar

Ideal of Indian Woman hood :MNRoy.

Women and Social Reform by Malladi subbamma

Castes of Minds by Nicholas B. Dirks published by Permanent Black

Early India ,from origins to AD 1300 By Romila Thaper Published by Penguin.

Women writing in India :600 BC to the Early Twentieth Century
Edited by Susie Tharu and K. Lalitha

Religion and Law in Independent India Edited By Robert D, Baird

Lokayatha By Debiprasad Chattopadhya

Telugu :

Haindavam : sthreelu by Malladi Subbamma
Manudharmala kautilyamu by Ravipudi Venakatadri
Vanitha varthamanam by Vikram