The position of women in Indian Society differs in every religion due to their different social and familial structure.
In Hindu Society
What status did the women enjoy in Hindu society is an interesting study in itself. One finds that they enjoyed great and considerable respect during Rig Vedic Age. After some time their position considerable went down. She began to be considered inferior to males and made responsible for serving her husband. During middle ages her position still further went down and deteriorated. Sati system became quite common. Widow was not allowed to re-marry. A woman was supposed to live within the four walls of her house. Education was denied to womenfolk. This pitiable condition of women drew the attention of our social reformers. Due to their efforts and enlightened attitude of the British government, attempts was made to uplift women. Steps were taken for providing them educational and other facilities. With the passage of time women have now begun to realise their position. They have now got many rights and are still demanding more and more rights. In fact now they are being treated equal with men in all walks of life.
Women enjoyed high respect in ancient India and in fact no ritual and action of her husband was considered complete unless his wife took part in that. Her status went down after some time and from age downward, throughout middle ages, she had a degraded position. In our modern times, she is now regaining her lost position of respect and is being considered equal to men.
Women in Ancient India
From all accounts it is clear that women in ancient India enjoyed considerably high respect. They were given high education. They gave advice to men in all walks of life and discussed with them delicate and complex as well as complicated problems connected with the philosophy of life and soul on the one hand and domestic problems on the other. A woman was then considered as Ardhangini. No ceremony was perfect and complete unless and until she participated in that. From our religious texts it is clear that many learned women took-part in public life.
Status of women in Epic age
It appears that with the passage of time, position of women went down. This was more particularly so during Mahabharta days. It was during this period that Draupadi was put on dice by her husband while gambling with his brothers. We also find that the Kurus did not even hesitate to make an attempt to openly put off her clothes in the Royal Court and so on. In spite of this we find that it was during this period that such an ideal women as Sita, Tara and Mandodari came to the front. It also appears that by this time many restrictions had been put on their movements. It was however, gradually realised that women did not have that physical strength which enabled her to protect herself and as such in that respect she was inferior to man.
Women in smritis
It appears from Smritis that on the whole, women were respected. But we also find that certain restrictions were also being placed on them, Varahmihira says that women is jewel created by God and that she should be used as a helping hand for attaining Kama, Artha and Dharma. He also says that she is goddess of prosperity. It was believed that in a family where women do not enjoy and respect that family is bound to disintegrate. Daughters should be regarded and treated with great care and, tenderness and that a woman was more venerable than man.
Women in medieval period
Perhaps status of women in Hindu society was the lowest during medieval period. Due to social and political condition child marriage became quite common. In fact in many cases it became fashion of the day. Widow re-marriage was completely banned. Women now were not educated. These were considered as inferior creatures to remain at the beck and call of men. It was expected of male members of the family to protect them. Before marriage she was supposed to remain under the care of her father, after marriage that of her husband and during widowhood that of her children. A woman was supposed to serve her husband and that was her foremost duty. It was during this period that Sati system came to stay in our society. A woman was considered very faithful who burn herself alive along with the pyre of her husband. During this period she had no choice in the selection of her life partner.
Position in modern period
It was this shocking situation that drew the attention of our social reformers. A question that was posed was as to who was superior in sacrifice, the man who did not burn himself alive with his wife, after her death, or woman who ended her life as soon as her husband was put on fire. Similarly it was felt that women showed sacrifice by remaining widow whereas men married a second time as soon as first wife was dead. Our social reformers therefore, decided to raise their voice. Raja Ram Mohan Roy strongly pleaded and also succeed in his mission that Sati System should be banned. Ishwar Chandra Vidya Sagar, Swami Dayanand Saraswati and Swami Vivekanand, along with others pleaded that women should be educated.
It is primarily due to the efforts of these social reformers that the image of women, in India, in modern times is radically changing. She is practically gaining her previous position. Now child marriage is more or less outdated. Widow re-marriage is not viewed with contempt or disgrace. It is now a socially tabooed marriage. She is now gradually getting more and more share in running household affairs. She is consulted in all important household matters, more particularly those women who are economically self-sufficient. Girls are also consulted about their marriage. They are now getting very many facilities in getting higher education and also in the fullest development and their own faculties. Similarly in social, economic and political life they have all such opportunities which men enjoy. A woman is now not supposed to please her husband in right and wrong manner but supposed to be his advisor. Sati System has completely been legally banned.
She has now right in the property of her father, even after her marriage. Then we find that a woman has a right to divorce her husband under certain peculiar circumstances and conditions.
In political field she has equal rights with men. She can contest elections and if elected can hold the highest office in the State. She can also participate in active politics without any hindrance whatsoever. She has right to vote, along with man without any sex distinction.
Demands of modern women
Women in our society are now considerably awakened. They are by and large, not prepared to accept a low social status or to merely be a source of recreation for men to produce children for them at their will. They are now conscious of cruelties being inflicted on them. They are now in an agitated mood and even not prepared to accept the authority of some religious books which had given them a low social status. Sati practice, child marriage ban, no widow re-marriage, polygamy and forced as well as in equal marriages are now not acceptable to them. Some educated women even ridicule on these concepts. In family, women now wish to enjoy the greatest freedom. Restrictions imposed by in-laws are now being violated. More freedom is now demanded with the result that joint family system is now giving birth to single family system, where modern women feel themselves free to shape their own family in the way they like.
Opposition to polygamy
The women of today are opposed to polygamy. If wife is supposed to be loyal to her husband throughout her life, why should not husband. Accordingly women in Hindu society now demand end of polygamy. After marriage, she now demands right to be consulted in all walks of life. She feels that in family affairs she should not be ignored or simply informed of the action which has already been taken. She now wants to be a partner in all decision-making processes in the family. She now also challenges arguments put in favour of child marriage, ban on widow re-marriage and Sati system. She feels that child marriage adversely effects her health and burdens her with responsibilities which can easily be avoided or postponed for quite some time long. Then she argues that if man can marry after the death of his wife, then why should not a woman after the death of her husband. Then it is also argued that if on the death of his wife, husband does not burn himself alive, then why should she Sati herself after the death of her husband.
Demand for divorce
Women to today also demand right to divorce. According to them a husband can create a situation where wife may be forced to lead a virtual divorced life. She is forced to life without any justification whatsoever, throughout her life, with an impotent, mad or cruel husband, which according to her is not at all justified. Now she demands that under certain situations she should be made eligible to divorce her husband.
Views about property and dowry
A modern women now also claims that the she should be given a share in the parental property. According to her why a simple act of marriage should deprive her of a share from the property of her parents, who gave her birth and brought her up along with other children. She is also now not prepared to accept the concept of dowry. According to her, why any price should be paid or put for her marriage. She should be valued by her qualities. Women of today point out how the suffer in the new house after their marriage. She is accepted or rejected or valued and placed in the new setting depends on the dowry which she brings with herself. She also points out how the system has resulted in the suicide of many innocent newly wedded girls and how many qualified and beautiful girls could not marry throughout their life only because parents could not afford dowry.
Concept of co-share
She also wants to have co-equal rights with men in so far as political life of the country is concerned. She also agitates for getting equal educational facilities with men and a share in enriching national culture and heritage. It short it can be said that a modern women is not prepared to accept of subordination. She wants to be a co-sharer with men in all walks of life both at home and outside.
Impact of education
With the spread of education and after right to vote, Indian woman is now gaining consciousness. She feels that it is wrong to consider that she is either a burden on the parents or on the society. Many societies all over the country have come up to champion her cause. She now feels that she is partner and co-sharer in social and national progress. She now demands that there should be now no child marriage, so that she is not forced to become a child mother and ultimately possess a poor health and become victim of all evils which follow the system.
Similarly she is opposed to polygamy, and wants to put restrictions on dowry. She wants to have divorce under certain circumstances to maintain her individuality. She also wants to be treated as a partner in all walks of life with her husband and does not wish that husband’s decisions should be forced on her. She now claims a share in the property of her parents, along with her brothers and so on. Thus she is making loud demands and wants that she should be given a respectful place and position in all walks of life.
Factors responsible for Changed Outlook
A relevant question that arises is as to what are factors which are responsible for bringing about this change in the attitude of the women. The first factor of great significance of course is female education. Since the time of partition of India in 1947 female education. This has created consciousness among the women. This has been supplemented by social legislation undertaken by the governments in India after independence. Child marriage has been banned and widow re-marriage is no longer illegal. Devadasi and Sati systems have been stopped. Women have been given right to divorce.
All India Women’s Conference, National Council on the Status of Women etc. are some of the organisations which to champion the cause of women. Then is political consciousness of franchise to the women but has also treated both sexes at per with each other in so far as political life is concerned. Women can contest elections to State Legislatures and Parliament. They can and have discharged efficiently their duties as Governors, Ambassadors, Chief Minister and even as Prime Minister. This has made them conscious of their capacities and they demand more and more rights in social life. But of all these factors, and the greatest factor which has contributed its awakening women and demanding more and more rights is the spread of education.
Education and women
It is due to education that system of late marriage has started. As long as she is getting education, she will not marry. Higher the education she gets, late shall be the marriage. Education has also helped her in development of her faculties. She has now begun to realise her personality and position. She now fails to reconcile herself to bear atrocities of man. Education has created in her a sense of self respect. She feels that in all walks of life she should be given the same respect as manfolk enjoy. Education has also given her economic freedom. After getting good education, she can become economically self-sufficient. She can earn for herself and feed the children if need be. If she is not economically a burden on her parents and also on the family, then why should she accept a lower status and position in society. It is due to education then that she wants more time, along with men for leisure and recreation. She does not feel like having a large family where she spends all her time in raring and bringing up her children. She wants to have small size family which she can easily and conveniently manage. It is also due to this that she prefers to have small single rather than a big joint family.
Adverse effects of education
It will thus be observed that education is greatly responsible for bringing about many changes in the attitude of women. She is now demanding more and more rights. But it need to be remembered that education has created its own problems. It is due to education that it is becoming difficult to find suitable and comparable matches at the appropriate time or educated girls. Education has also created problems for the poor parents who cannot pay for the educated boys and thus face serious problems after managing to give higher education to their daughters. Educated woman are more tempted to ask for divorce. Traditional concept of marriage is changing only due to education. Then, as already pointed out, education is replacing joint family with single family system, which is not suited to rural conditions, though India still lives in villages.
But the only consolation is that problems created by education are of a passing nature. A day is not far off when these will be finally solved and awakening created by education will take women a step further in demanding their rightful place in our society, both in urban and rural area.
Islamic marriage system
Marriage is as well established institution among the Muslims, as among the Hindus. Of course the concept, method and philosophy of the two differs in some respects. Similarly there is also difference of status of married women among the Hindus and the Muslims. One of the features of Muslim marriage is that whereas temporary marriage is permissible among the Muslims, it is not so in the Hindu society.
Meaning of muslim marriage
Marriage among the Muslims is both social and religious contract, which is legalised after nikah. But it is considered more social rather than a religious institution. The law of marriage in Islam is regulated by Holy Quran.
Conditions for Muslim Marriage
Before a marriage takes place among the Muslims there are certain pre-requisites which must be satisfied. These conditions are essential to make a marriage legally valid. The first essential condition is that parties to the marriage should be healthy and mentally sound. None of them should have illicit relations with anybody and must have attained the age of 15. Sanction of the parents is necessary to make marriage valid, if parties to the marriage are less than the prescribed age to 15.
If these conditions are fulfilled then proposal for the marriage is put in a meeting in which males and females representing both sides are present. It is very essential that the proposal for marriage be put forth by one party and must be accepted by the other at the same meeting or otherwise the marriage will not be legal. Witnesses to the marriage are considered essential among the Sunnis but not among the Shias. Insane persons cannot enter into matrimonial contract.
When can marriage be declared invalid?
Among the Muslims marriage can be declared null and void when either of the contracting parties in insane or is below the age of 15 and consent of the parents has not been obtained. It is also invalid when a woman marries another persons, when her first husband is alive or when husband has married fifth wife. Marriage among very near relatives, such as real sister, brothers, mother, mother-in-law, grand mother etc. is invalid. Strictly speaking marriage with idol worshippers is also not valid. If a marriage is being performed among the Sunnis and there are no witness, the marriage will be irregular though that may not be invalid. A marriage contract dissolved during the period of Iddat is invalid. Marriage with a pregnant woman and while on pilgrimage is also not considered valid.
Formalities of marriage
Before marriage is actually performed there are certain formalities which must be completed. As already said a proposal for a marriage can be made in the presence of male and female relations of the parties to the marriage. Witness should also be present at the time when proposal is made. It is essential that the proposal must be accepted at the same meeting. After both the parties have agreed to the proposal a Maulvi recites certain verses from Holy Quarn. After it marriage is supposed to have taken place. Other formalities including that of Nikah follow in the wake.
Thus marriage in Islam is both a religious as well as social system. There are different kinds of marriages among the Muslims, namely Valid marriage, Void marriage and Irregular marriage, about which a mention will follow. After the marriage has however taken place wife is supposed to perform certain duties as well.
Kinds of muslim marriage
A proposal for a marriage among the Muslims is valid only when the same is accepted at the same meeting at which it was made. It has already been pointed out that relatives, both male as well as female, must be present at the time of marriage. Presence of witnesses is also necessary to make the marriage valid.
Muslim marriage is of different kinds, namely:
Valid Marriage : When marriage has taken place after observing all religious and legal requirements, it is called valid marriage. All offsprings of such a marriage are legitimate.
Void Marriage : A marriage may be invalid, if it is performed by not taking into consideration such prohibitions as affirmity, foster age, consanguinity etc. Children of this marriage may not be treated as legitimate.
Irregular Marriage : An irregular marriage violates some temporary prohibitions. In such a marriage basis are sound but formalities are unsound. Thus this type of marriage is neither all legal not completely illegal.
Mutta Marriage : Mutta or temporary marriage is found among the Shias. This type of marriage is contracted only for the sake of pleasure and is also for a specified period only. Since in this type of marriage man derives pleasure out of woman, therefore, she is rewarded by the man. Mutta marriage is invalid when period of validity has not been settled in advance.
Wife in a mutta marriage is called Singha. It must however, be remembered that a mutta marriage can take place only among the parties belonging to same religion, though some relaxation has been given to men in this regard. But mutta marriage is quite unpopular and it has been called as anarchisms in marriage.
Mutta marriage and permanent marriage
There is a vast difference between a mutta marriage and a permanent marriage. Main points of difference are :
- Whereas in a regular marriage wife can claim maintenance from her husband, a Singha wife cannot put forth such claim.
- A Singha wife does not inherit anything from her husband whereas a wife in a permanent marriage inherits property of her husband and children born out of his marriage can inherit the property of their father.
- Mutta marriage is for a specific period. As soon as that period is over marriage comes to an end and it becomes illegal. On the other hand marriage through Nikah is a permanent marriage. Such a marriage can come to an end only when either a party to the marriage has died or been divorced.
- Nikah is a common and popular form of marriage, whereas mutta marriage is only uncommon and unpopular form of marriage.
- Nikah marriage is acceptable and respected both by Shias and Sunnis of the Muslim community. But mutta marriage is recognized only by the Shias and not by Sunnis.
- Since mutta marriage is only for a specific period, therefore, there is no question of divorce in it. It comes to an end after the expiry of the specified period. On the other hand there is specific provision for divorce in the marriage through Nikah.
- In Nikah woman is authorised to get full dower whereas in a mutta marriage woman in authorised only for a specified dower.
Mehr (Dower)
In mutta marriage as mentioned earlier period as well as mehr is decided in advance. In it partial mehr is authorised whereas in Nikah marriage full mehr is authorised. It is therefore, essential to explain the term mehr. A Muslim woman has a right to get dower from her husband. It can be both in the form of cash or kind and is an indication of respect of the wife in the eyes of her husband. It is paid to the wife for the surrender of her person to her husband. It is not bride price. It may be mentioned that no amount of dower has been fixed and it depends on social status of contracting parties. This amount is considerably higher when woman is virgin and not divorced. When the amount of dower should be paid depends on customs, but it is always associated with consumption of marriage.
Kinds of Dower
Dower can be of four kinds. It can be specified or definite dower. In such cases amount is settled well in advance and prior to marriage and both the parties to the marriage agree to it. If the amount is not paid immediately, it can be claimed by the wife at any time. When the amount of dower is not fixed in advance it is called unspecified dower. Usually, while settling the amount at some subsequent date, the amount paid to a female member in the family is taken as the basis. When the amount is neither specified nor unspecified it is called deferred dower. Such amount is paid when the marriage has terminated. If a wife does not get dower throughout her life, amount can be claimed by her heirs as well. When some money is paid to the wife by her husband soon after her marriage, it is called Muwojjal Mehr.
Divorce Under Muslim System
Mutta is a system of temporary marriage, whereas marriage through nikah is a permanent marriage. A permanent marriage can be divorced. Under the Muslim law it is easy for a man to get divorce whereas woman finds it difficult to divorce her husband. Under the dissolution of Muslim Marriage Act 1939, a Muslim woman can seek divorce on following grounds :
- When whereabouts of her husband are not known for long period of time.
- When husband has failed to provide maintenance for a period of sufficiently long time.
- If husband has been awarded a sentence running into years.
- When husband is not performing his marital obligation for years together.
- If the husband is impotent.
- If the husband has become insane.
- If the husband suffering from leprosy or venereal disease.
- If the husband is cruel.
Classification of Divorce
Divorce can be by death, by mutual consent of both the parties and also by judicial process. According to Islamic law, after the death of wife, husband can marry at any time he likes. On the other hand a wife can marry only after 4 months and 10 days of the death of her husband so that doubts about pregnancy etc. are removed. Divorce can also be through judicial process. Such a divorce can be on the basis of adultery and impotency and also because off false charges of adultery made by the husband. The system of divorce thus makes it quite clear that the husband has a upper hand over his wife in so far as divorce or talaq is concerned. It is because whereas the husband can leave his wife any time he likes, the wife finds it very difficult to leave her husband, even if both are not harmoniously pulling.
Kinds of Divorce
Among the Muslims divorce can be of various kinds. It can be valid as well as invalid. A valid divorce is one which is legally as well as socially accepted. On the other hand an invalid divorce is one in which both the parties to the marriage are practically living a separate life, but formalities to make the divorce legal have not been completed. Similarly it can be written as well as oral divorce. Various methods of divorce are as under:
Ahsan Form
In this a pronouncement is made once during puberty of woman about divorce and that is considered sufficient intention of divorce. Then comes Ahsan Form divorce, in which three successive pronouncements are made, three times consecutively about divorce. During this period of pronouncement no sexual relations are maintained between husband and wife. When husband pronounces talaq during the period of mensuration that is called Talaq-ul-Widdat. It must however, be remembered that before 1939, Muslim woman had no right to divorce her husband. It was only the privilege of man. It is after the passing of Dissolution of Muslim Marriage Act, 1939, that the woman were permitted to seek divorce.
Other Form of Dissolution
A legally and socially accepted divorce is of course there, but there are other methods of marriage dissolution as well. When a husband compares his wife with a near relative with whom, he cannot have sexual relationship, the marriage is supposed to have been dissolved. It is called Jihar. Then as Illa in which husband takes a vow to have no sexual relations with the wife and actually does not maintain such relations at least for a period of 4 months, the marriage is supposed to have been dissolved. Liyan is another method of dissolution of marriage. In it either of the parties or both the parties accuse each other of adultery. If accusing party does not withdraw the charge, marriage is considered as dissolved. When a husband delegates all authority to is wife and leaves everything at her will, it is called Tafweez and when she exercises that authority, the marriages is considered as dissolved. Then comes Khol by which both the husband and the wife mutually agree to dissolve their marriage.
Responsibilities of Muslim Married Woman
A Muslim married woman is under many obligations, as compared with her husband. She cannot easily seek a divorce. She cannot also keep more than one husband, though husband can have as many as four wives. The first important duty of the woman is that she should maintain proper marital relations with her husband, should obey him and provide him sexual pleasure. She should remarry only according to the principle of Iddat and also feed her children She should not indulge in adultery.
Along with responsibilities she has certain rights as well. She has right to live with her husband in his house, claim maintenance and property rights. She claims mehr from her husband and bring up the children in the way she likes.
It will thus be observed that Muslim marriage becomes permanent only when ceremony has taken place. Once marriage takes place on permanent footing it is difficult to dissolve that for the wife by easy for the husband. She is supposed to tolerate upto 4 wives of her husband. In fact wife is considered property of her husband.
A comparison
As already discussed women in the Hindu society enjoyed high position and respect in the past. In fact no religious ceremony was complete without her participation in that. She took active part along with man, in all walks of life. During middle ages in India her position went down. She was subjected to child marriage. She could not leave four walls of her house even for getting education. Sati system became quite common and widow re-marriage was banned. She had to suffer many humiliations. But now she is again gaining her lost position and prestige. She is now trying to share the burden and responsibilities with men in all walks of life.
The present position in respect of status of women in both societies is as under:
Purdah : Among the Muslim women Purdah is not only common but has also religious sanction which cannot be violated. Due to this system Muslim women find it difficult to maintain good health and get higher education. It is argued that Purdah has helped women from preserving morality and character of Muslim women.
Dowry : Among the Hindus there is custom of dowry which girl is to get from her parents at the time of her marriage. It implies that status of women in Hindu society is lower than that of the man. On the other hand among the Muslim is the system of mehr which a boy gives to the girl recognising her need and necessity in life and thus accepting her higher status.
Divorce : Among the Muslims it is easy for a male member to divorce his wife at any time he likes. In this way women have a very low status in Muslim society as they are at the mercy of men. On the other hand a husband in Hindu society cannot easily get divorce from his wife. Thus women and men in Hindu society have been recognized at least equal in matters of seeking divorce.
Marriage System : It Hindu society there is monogamy. System which implies that a male can have only one female as his wife. A second wife can be had but only is very exceptional circumstances when there is no issue or no male issue from the first wife. Consent of first wife even in that case for second marriage is needed. But in the case of Muslim marriage system a male legally can have four wives. It is marriage with the fifth wife which makes the marriage illegal.
Education : In so far as Muslim women are concerned, they cannot get high education and on the whole education is not as widespread among the Muslim as that is among the Hindus. Hindu women in ancient India used to get higher education. They are now getting that as well. Gradually, however, education among the Muslim women is spreading but at present it is much less than what it is among the Hindus women.
Adultery : Both among the Hindus and the Muslims adultery is not disliked by it is much condemned. If husband is sure of the charge of adultery of his wife, among the Hindus he can leave her. But in Islam things go still further. It is provided that a husband has a right to punish his wife with 100 canes if charge of adultery is proved true. In some cases both the woman and her lover are even put to death.
Widow Re-marriage : Widow remarriage is common among the Muslims. The only condition is that during the period of Iddat a Muslim widow should not marry so that there is not problem about parentage of the first born child after re-marriage. Widow is otherwise not a liability of society. Among the Hindus status of widow woman is very low. She was not allowed to re-marry. She was considered a liability both on the family as well as on the society. She did not enjoy any social status. Widow re-marriage was not considered desirable. But now, thanks to our social reformers, the situation has bit changed. Now widow re-marriage is not that much opposed, as it once used to be.
Rights over property : In terms right over husband’s and father’s property status of women in two societies considerably differs. Among the Muslims women had and still has a right to get share from her parental property of her husband, after his death. This share was 50% if she had children 25% if she was without children. Among the Hindus woman had no right in the property of her parents. She was given something in dowry and nothing beyond that. She, of course, had full right over the property of her husband and was first claimant. But after the passing of Hindu Succession Act, 1956, she has made a legitimate share holder in the property of her parents, even after marriage.
Status of women in the two societies is thus somewhat different. It is however, clear that both being patriarchal societies males have a superior hand over the females. Due to the influence of the West on both the societies position of women is not as low as it used to be.
