Manu was not Anti-Woman

I am rereading Manusmriti (The Code of Manu) in its original Sanskrit, to have a better idea of position of women in those times. Code of Manu in its present form is more than two thousand years old. Manu is considered father of human race and it is said that the word 'manav' (literally 'man' or 'human') is derived from Manu.

Manu is often condemned because of his statement, "a woman does not deserve independence" ('na stree swatantryam arhati'). However he stated this in the context of ensuring security in a cruel and exploitative world. In times of frequent wars, women and children suffered the most. He therefore laid down the rule that a female should be protected by her father in her childhood, during her youth by her husband and by her son in old age. She must not be left alone to fend all for herself.

No doubt Manu's views sound outrageous in these days of gender equality. But certain clauses in Manusmriti (IX chapter) sound so protective of women and children that they make one believe that Manu the law-maker was definitely not anti-woman.

A few examples:

• If an unmarried daughter gave birth to a child, it belonged to (was to be cared for by) the man she was going to marry later.
• If a bride-to-be was pregnant, (knowingly or unwittingly) at the time of the wedding, the child was to be cared for by the bridegroom-to-be!
• If nobody took the responsibility of a child born secretly in a joint family, it was to be cared for and protected by the head of the family himself!

Thus Manu was liberal enough to brush aside the idea of illegitimacy – an idea that is shuddered at even in the 21st century.

In India, where ancient customs still reign supreme and social security measures are out of reach of the poor, Manu's views look humane. Every now and then we hear of suicides of unwed girls who have conceived, and of the discovery of new born babies in garbage-bins. Female foeticide is quite rampant. The social stigma associated with illegitimate birthwas unimaginable to Manu: he declared, "There is no difference between stree and shree (woman and Goddess Laxmi). A house where women are ill-treated and weeping will never prosper. Even a woman from a bad family is like a gem." (streeratnam dushkuladapi!)

Manu lists twelve types of children, besides self-begotten ones: there were children born of Niyoga, a custom akin to the levirate practice of ancient Jews where a young childless widow could beget a son by cohabiting with her brother-in-law or other relative approved of by elders of the family. Similarly, childless wives of dead, impotent and diseased persons could have children. There were also children begotten secretly, children discarded by parents, children of mixed names like Kaneena, Gudhaja, Parasava etc.

This leads one to conclude that pre-marital motherhood, widow remarriage and intermarriages existed in ancient times. In all these cases, the sharing/inheritance of property was specified as per the type of children.

The evil customs of Sati, Devadasi (religious prostitution) and tonsure of widows are not mentioned in Manusmriti. However Manu does recommend that a widow lead the life of an ascetic.

By medieval standards, these concessions sound very liberal to me.