Jain Marriage - Position of Woman

By Dr. Vilas A. Sangve

The general attitude of men towards women was not consistent in its approach. In Jaina literature we come across several statements which either denounce or praise the female sex. Naturally in each case a certain view is expressed about women after taking into account their actions in particular circumstances and accordingly a generalization is made about their good or bad character and their healthy or evil influence and the extent to which freedom may be given to them in various sorts of activities. Thus it is said about the women that they are faithless, ungrateful, treacherous, untrustworthy and strict control must be kept over them. In the voice of Manu the Jaina texts state that a woman, when a child must be kept under the control of her father, when married under her husband and when a widow under her son; thus a woman is never allowed to live independently. In connection with the thoughts of a woman the Parsvanatha Caritra of Bhavadeva Suri says that 'the wise ones know how much sand there is in the Ganges, and how much water in the ocean, they know the dimension of a great mountain, - but the thoughts of a woman they cannot fathom. Free and careless association with the inmates of the harem is considered to be a source of danger to the king. It is stated that the entrance of a king into the house of a woman is like the entrance of a frog into a serpant's hole. Several instances are given to illustrate how kings are sometimes assassinated by women with devices of their own. As regards the duty of men towards women the former are advised that it is always risky to educate the latter too much. Further, we are told that women may have freedom as much as they like in the discharge of their duties towards their husbands and children, but must not interfere in matters which properly belong to men's sphere, their minds being extremely fickle and superficial, like a drop of water on a lotus leaf. No one who accepts the participation of woman in activities other than domestic duties can thrive for long, being like a tree fallen into the current of a river. And it is under a man's control that a woman achieves her desired end, like a sword in the grip of a man. Acarya Amitagati's Subhasitaratnasandoha, which is considered important from the point of view of Jaina ethics, treats the female body as a sum of all impurity and hence in its opinion the woman is 'the treasury of all sufferings,' 'the bolt barring the city of heaven, the path to the dwelling of hell,' 'the axe for the pleasant grove of piety,' 'the hoar-frost for the lotus of virtues,' 'the root of the tree of sins,' 'the soil for the creeper of deceit,' etc. In contradiction to the above statements we also find that a woman is counted among fourteen jewels of a Cakravarti. Many stories of devoted and chaste wives are told. Women were highly regarded and it is prescribed that at the time of difficulty such as caused by water, fire, robbers or famine, a woman must be rescued first. While comparing the physical and intellectual qualities of men and women it has been declared in emphatic terms that women are superior to men in intellectual activity. As regards the relative characteristics of women, Acarya Somadeva, as a practical thinker, gives his judgment in Nitivakyamrtam that women are neither good nor bad : they are, like the cream of milk, the source of poison as well as nectar, and that women have neither any innate merit nor blemish but become just like their husbands, as rivers assume the character of the ocean when they are merged therein. This view is, it seems, more balanced and depicts the real position in society. In connection with the various harsh remarks made about women it should, however, be noted that such remarks do not find general acceptance in society and they are made with a view to blacken the character of women in order to warn the lusful monks to keep aloof from feminine charms that might overcome their reason. That is why remarks like "striyo hi visamam vism", i. e., women are indeed the worst of poisons, are made while advising the ascetics to abstain from the desire of women. Moreover the injunctions given to the Kings to avoid company of women should be considered in relation to what is called Rajaraksa or protection of Kings and they appear to be in keeping with the precautions against familiarity with women recommended as a measure of self-defence. With these ideas about women let us see their religious, social, political and legal position.

Religious Status : We have already seen that the followers of Jaina religion have been divided into four categories, viz., Sadhus, Sadhvis, Sravakas and Sravikas. Sadhvis are female ascetics who follow the five great vows in a very strict manner. This shows that complete freedom was given to women to enter the ascetic order. Female sex was no bar to the practice of asceticism. The Jaina Acaryas were extremely sympathetic in their attitude to women and admitted them freely into their order, no matter whether the candidates for admission were royal consorts, members of the aristocracy, and women belonging to the common run of society. It is but natural that many ladies availed themselves of this opportunity of achieving their salvation by entering into the ascetic order. We read in the Kalpa Sutra that 3,000 female ascetics realised the goal of emancipation under the inspiration of Neminatha, the 22nd Tirthankara, and later during the days of Parsvanatha, the 23rd Tirthankara, as many as 20,000 nuns obtained the supreme state of liberation whereas only 1,000 male ascetics in the same time were entitled to that exalted position. The number of female ascetics gradually went on increasing and we find that in the time of Mahavira, the 24th Tirthankara, the number of Sadhvis was 36,000. Though the females were given a place along with the males in the ascetic order of Jaina community, uniform rules were not imposed upon both the sexes during different stages of ascetic order. So far as the preparatory period of the monastic life was concerned, women were not denied any particular privilege enjoyed by men. Female and male ascetics had to follow the same rules of conduct in matters like begging, wandering, sleeping, offering prayers, etc. But in general we notice that nuns were placed under a more rigorous discipline than monks. They are prohibited to study the chapters of Mahaparijna and Arunopapata and The Drstivada. It is stated that the Drstivada deals with the magical formulae and as women are not strong enough but fickle-minded, they are not allowed to study the above-mentioned scripture. The climax is reached in the rules which lay down that a monk of 3 years' practice can become a teacher of a nun of 30 years' practice and a monk of 5 years' practice can become an Acarya of a nun of 60 years' practice. In this connection it may be observed the Jainism was not alone to place nuns under a more rigorous discipline than monks. Buddhism also levied strict restrictions on nuns as compared with the monks. Thus the admission of a new nun was to be sanctioned by a joint meeting of the monks and nuns; new monks, however, could be admitted without consulting the nuns at all. Nuns were to go out to beg only when led by an experienced matron. Further, it has been laid down that a nun, though 100 years old, must stand in reverence before a monk though he may be just initiated in the Church. Though rigorous discipline was imposed by Jainism, along with Buddhism, still all rules were, however, not followed in practice. According to rules nuns could under no circumstances preach to monks but we know that Sadhvi Rajimati delivered a stirring sermon to Rathanemi, when the latter had lost self-control under the influence of tempting circumstance. Thus we can say that the religious status of a Jaina woman was not inferior to that of a Jaina man. Jainism declared that womanhood was no bar to salvation. A woman could attain the highest religious state, i.e., Tirthankarahood in exceptional circumstances; for the Jainas believe that very few women indeed have sufficient strength of mind and body to endure the hard life of an ascetic. They say that while not more than 20 women in the old days used to attain perfection, 108 males used to do so. Malli, although a woman, we are told, rose to the status of a Tirthankara, Further, we hear of a large number of women in the history of Jainas who distinguished themselves as teachers and preachers.

Social Status : Religion and society are closely bound together in Indian life, and the former influences the social life of a people to a great extent. The religious independence given to Jaina woman had its repercussions in the social field also. Equality of opportunity accorded to women in the religious sphere was manifest in several social spheres of action. In ancient times almost in all patriarchal societies the birth of a girl was an unwelcome event and this gave rise to practices like the female infanticide and neglect of female children. The custom of infanticide of girls crept into some sections of Hindu society during the medieval period and at the time of the advent of the British rule in India the evil custom was confined to a microscopic minority in Hindu society. As the whole Jaina philosophy is based on the main principle of Ahimsa or non-injury to living beings, it could not be expected at all that female infanticide might have been practiced in Jaina society at any time. Similarly, we do not find that female children were purposefully neglected even though they might have been regarded as a burden on the family. It is pertinent to note that the female wastage in the Jaina community is considerably low as compared with the female wastage from whatever causes in other communities. According to Jaina Law the unmarried daughters and sisters are entitled to maintenance out of the family property and the expenditure on their marriage must be met from the same source. Further, in the absence of the father, the guardianship of the younger sisters upto the time of their marriage devolves on their elder brothers. The females were not only spiritually and physically not neglected, but in education also they were given equal treatment with the males from the very beginning. During the period of the ascendency of the Jainas in India, it is patent that the family, the church, the school and the state served as powerful agents for the spread of education among women. The first Tirthankara, Lord Rsabhadeva, realised the utmost importance of imparting education to females and advised his two young daughters, Brahmi and Sundari that "only when you would adorn yourself with education your life would be fruitful because just as a learned man is held in high esteem by educated persons, a learned lady also occupies the highest position in the female world." Both the girls were first initiated to writing by their father and later on with the help of teachers they studied all branches of knowledge to such an extent that they could be regarded as incarnations of Sarasvati, the Goddess of Learning. According to Jaina works a woman is expected to know 64 arts like dancing, painting, music, aesthetics, medicine, domestic science, etc. As a result of this thigh type of education received by women, many women used to enter the teaching profession and to remain unmarried throughout the life in order to carry on their spiritual experiments unhampered. The Jaina tradition has preserved the memory of Jayanti, a daughter of king Sahasranika of Kausambi, who remained unmarried out of her live for religion and philosophy. When Mahavira first visited Kausambi, she discussed with him several abstruse metaphysical questions and eventually became a nun. It is a fact that the cause of women's education in India suffered a good deals after about 300 B. C. on account of the new fashion of child-marriage that then began to come into vogue. Accordingly, the female education among Jainas declined and at present the male literacy is five times than the female literacy in the Jaina community. Still the position of the Jaina females is decidedly better than that of the females as a whole in India and in the extent of literacy Jaina ladies stand next to Parsee, Jew and Christian ladies. The Jaina women not only kept up the pace of female education but at times made original contributions to literature. Along with men Jaina women also added to Kannada literature. The greatest name among them was Kanti who along with Abhinava Pampa, was one of the gems that adorned the Court of Hoyasala King Ballala I (A. D. 1100-1106). She was a redoubtable orator and a poet who completed the unfinished poems of Abhinava Pampa in the open court of that ruler. Similarly, a Jaina lady Avvaiyara, 'the Venerable Matron,' was one of the most admired amongst the Tamil poets.

Of all the important events in the life of a woman, marriage is the most singular one. When a woman enters the institution of marriage she is called upon, in course of time, to rear and bring up the next generation. This makes her condition more precarious and of necessity she had to depend for the time being on the help and co-operation of her partner. Inequality of sex is the most obvious fact of the societal situation and the weaker sex has to adjust itself with the stronger one. The fate of a woman is, therefore, determined by her position in various aspects of marriage. A well-devised marriage will give her the desired protection, other wise there is every possibility that her life would be ruined. Marriage, thus, occupies an important place in the consideration of the social status of women. Though marriage, according to Jainas, is more in the nature of a civil contract and completely bereft of religious necessity, yet it was made obligatory for all persons, men and women, by the Jaina law givers. Those who do not wish to follow the life of renunciation and asceticism from an early age were advised to get married. Marriage was made equally compulsory for both women and men. Out of the eight forms of marriage the most prevalent forms of marriage in Jaina community at present are the Brahma and Prajapatya. There is no marked distinction between these two forms of marriage and they can perhaps be considered one and the same. It has been observed that this marriage is contracted without any exchange of money and the bride is given by her father as a gift to the bridegroom. To give away a daughter to the best available bridegroom out of sole regard for her happiness without receiving any consideration whatsoever recorded a marked ethical advance and definitely helped in making the status of both the parties equal. As regards the age of marriage in Jaina community we have noticed that in ancient times marriage was recommended only for grown-up persons; that the age-limit was lowered in medieval times and that at present adult marriage is the order of the day. In this respect it can be said that these are the very stages through which the Hindus also have passed. The part to be played by a bride in the settlement of her marriage depends on the age of the bride at the time of marriage. As the child-marriage was not favored by Jaina law-givers, it could be maintained that the brides have a more or less effective voice, in the selection of their partners in life. That is why the Svayamvara form of marriage was considered as the ancient and the best form of marriage. While determining the qualifications of parties to the marital union utmost care was taken to see that a bride was given to a person who was free from all sorts of bodily deformities and diseases and endowed with virtues and good family connections. In the married life sufficient importance is given to the wife for the valuable role she plays in bringing family happiness. A wife is regarded as the keystone of the arch of the happiness of the home. It is emphatically said that a compound of brick and mortar does not make a home but the wife who follows the family traditions constitutes a home. In the domestic sphere she wielded all powers and was regarded as the presiding mistress of the house. It will be noticed from Mahapurana, Santipurana, Padmapurana, Harivamsapurana and other Puranas that when the queens used to visit the Durbars, the kings themselves used to welcome them by standing and to allow them to sit by their side on the thrones. Even though polygyny was allowed, monogamy was the rule and polygyny the exception. As only a small, rich and ruling section of the society followed polygyny, there was no general deterioration in the position of a woman. With a view to counteract illicit relations complete fidelity between husband and wife was regarded as the ideal of married life and for that purpose at the time of entering the householder's stage both the husband and wife have to take a vow of not keeping extra conjugal sexual relations. In spite of the various precautions, if the married life does not becomes successful, the dissolution of wedlock is permitted under specific circumstances and the wife is allowed to contract another marriage. This means that divorce was allowed under certain conditions. In fact the practices of divorce and widow remarriage were governed by local customs and to that extent the position of woman in this respect varied from place to place. When a woman becomes a widow, she is placed in precarious condition and the treatment accorded to her has an important bearing on her social position. The lot of the widow helps to find out the attitude of society towards women as a class. The first question to be dealt in connection with a widow was whether she was allowed to survive her husband, or she was compelled to die with him. Hindus adopted the policy of sacrificing the wife at the husband's death right from 300 B. C. upto A. D. 1829 when the custom of sati was prohibited by law. Contrary to this we do not find any instance of self-immolation or the custom of sati in Jaina texts. There is only one stray reference in the Mahanisiha where a widowed daughter of a certain king wanted to perform sati, but she refrained from doing so as that custom was not in vogue in her father's family. From the Epigraphia Carnatica we find that there were 41 cases of Satis during the period of A. D. 1400 to 1600 and out of these two belonged to the Jainas. This shows that some Jainas had by that time begun to feel that they ought not to lag behind the Hindus in this matter, but it is clear that this feeling did not find general acceptance in the Jaina community as the number of Jaina satis was far low than that of Hindu satis. Apart from self-immolation there were three courses open for widows in ancient times. They could either pass their remaining life widowhood, or have some children by levirate (niyoga), or remarry regularly. The second course was not prescribed by the Jainas; the third course was regulated by local customs and in all probability was adopted by a very small section and, therefore, the first course, which was considered more honourable, was open to the Jaina widows. As the full religious freedom was allowed to females, widows could devote their time for their spiritual upliftment and thus carve out a respectable position for them in their family and in the minds of people in general. It will be presently shown that her legal position was better because she inherited the property of her deceased husband and hence could pass her widowhood without any serious economic difficulty. Further, Jaina widows were free from the ugly custom of tonsure followed by the Hindu widows from about A. D. 1200. Among Jainas only nuns used to be shaved and it is suggested that this practice might have given rise to the custom of the tonsure of widows in the Hindu society.

The above discussion is sufficient for giving us a general idea of the social position of a Jaina woman. In conclusion it can be said that in spite of traditional practices of early marriage and widowhood persisting in the Jaina community, the granting of religious independence to women had very healthy repercussions on their social status. Thus, they commanded voice in their family affairs and wielded uncommon influence in the shaping of their children's destiny. Moreover, they enjoyed many legal rights of inheritance and possession of property and had ample opportunity of managing their domestic business independently.

Political Status : The question whether women were allowed to take part in political activities depends on the question whether women could come out in public and move freely in society. From the Jaina texts we find that women appeared in the public without any restriction. They could go out to visit their friends and relation. Many women are seen going to shrines for worship and gathering on the occasion of various festivals. There was nothing like Purdah system among ancient Jaina women. The Purdah system was generally adopted by the Hindu community after the advent of Muslim rule. This was more in vogue in the Northern than in the Southern India and now it is found only in some rich and aristocratic families especially in Rajputana. The same can be said about the Jaina community. Even at present the ladies of Osavala caste necessarily observe the Purdah and high position is accorded to families according to the strictness with which they follow the Purdah system.

In ancient times women were never thought fit for any other sphere than the household life and the intricate questions of administration and government were held to be beyond their comprehension. But it could be seen that in times of need women did rise to the occasion and held important positions in the political sphere from the very beginning. We find similar instances in the history of Jaina community also. In ancient Jaina texts we come across women dressed in man's attire, putting on armour, equipped with weapons, arms, shields, bows and arrows and there are examples when women actually fought battles. In the first quarter of the 10th century A. D. figures a remarkable Jaina woman administrator, Jakkiyabbe, and it is sated that she was skilled in ability for good government, and protected the Nagarakhanda 70 (a name of a place). It is recorded that a Jaina lady Saviyabbe accompanied her husband on house-back to the battlefield and fell fighting in the battle of Bagiyur. It appears from Epigraphia Carnatica that the office of Nadagauda, an important rural official, was held by a Jaina woman. An inscription dated. A. D. 918 shows that a Jaina widow was a Nadagauda and was distinguished for the skill and ability of her management. It states that though a woman she well protected her charge with pride in her own heroic bravery. In the 16th century A. D. when the Jaina queen Bhairavadevi, while ruling over the kingdom of Gerosoppe, was attacked by the neighbouring Saiva Saradara, she faced the enemy bravely and defeated him in the battle.

Legal Status : Under the Jaina Law not only men but women also have always had their maintenance and property rights. A Jaina person's regard for the female sex does not admit of his sending out the female members of his family to work among men. All women fall in either of the two categories - daughters and wives. They are either born in the family and are its daughters, or have been brought into it by marriage, in which case they are wives. Maintenance must always be provided for both classes of women by the male members of the family; and it must be adequate and ample. A woman is allowed to have her special property known as Stridhana. Stridhana thus denotes property over which a woman is allowed to have her own more or less absolute sway in normal time. According to Jaina Law the following kinds of property are termed Stridhana.

1. The Adhyagnikrta (whatever is given in the presence of the Sacred fire) i.e., ornaments, etc. which are received by a girl from her parents at the time of her marriage.
2. The Adhyahavanika (that which is brought) is what the young bride brings from her father's house in the presence of he father and brothers.
3. The Pritidana (given with affection) i.e., things given by the father-in-law and the mother-in-law at the time of marriage.
4. The Audayika (or Saudayika) i.e., whatever is received after the marriage from the parents or the husband.
5. The Anvadheya comprising things received from the ladies of her own or of the husband's house-hold at the time of marriage.

Briefly put, whatever is received at the time of the marriage by the bride is all her Stridhana. And after the marriage all the clothes and ornaments given to her by own people or the members of her father-in-law's family are also regarded as Stridhana. The Stridhana is not liable to division at a partition, like the ancestral property and except during a famine or for religious necessities nobody can take the Stridhana, not even the husband. Hindu jurists also have expressly declared that the husband has no right to lay his hands upon the Stridhana of his wife except in times of great distress (with a view) to tide over the difficulty.

As a daughter also, a Jaina woman enjoyed ample proprietory rights. If a man had only a daughter and other male issue was non-existent, that daughter became the sole owner of the wealth of her father. For the daughter, like a son, is one's own self. The mother's property also went to the daughter whether she was married or unmarried. In the event of her father's death, daughter as a uterine sister of her brothers was entitled to a fourth part of the share of each brother. The share of a married daughter, however, in the property of the father in the presence of her brothers was nothing. Whatever the father gave her at the time of marriage, that only belonged to her.

According to Jaina Law, on the death of a person without a son, his widow takes his property, as an absolute owner, whether it be divided or undivided. Further, she takes the husband's share as an absolute owner even if there be a son Herein lies the important difference between the Hindu Law and the Jaina Law. In accordance with the Hindu law the son inherits the property of his deceased father and the widow is shown no consideration at all. The right of the widow to inherit her husband's property is not recognized by Hindu jurists. On the contrary, a Jaina widow becomes the direct heir to the property of her deceased husband regardless of the fact whether she has got a son or not. The cause for showing favour to a widow in preference to her son in Jaina Law is not far to seek. The soul of the law of Hindu inheritance is the 'Pindadana' or offering of oblations by sons to their Manes. Son, therefore, is the most important legal entity in the Hindu jurisprudence. That it why in all Hindu law books, son has been accorded a prior position to his widowed mother. In fact, male descendants have been treated with greater favour than female ones throughout the legal literature of the Hindus. On the other hand, the presence or absence of a son does not make a Jaina person spiritually meritorious or otherwise. Many of the Jaina Tirthankaras were son less and yet they attained to the highest and the most supreme status; and many people descended into hells although they had sons. It is not the teaching of Jainism that a person can benefit the soul of another after his death by his own actions and presents. This knocks away the spiritual basis upon which the high position of the first son rests in the Hindu theory. Thus the first son as such has no exclusive or first right of succession in the Jaina Law. This is why a Jaina widow is acknowledged even as a preferential heir to her own son and is given the absolute ownership of the property left by her deceased husband.

Further, a Jaina widow, after acquiring the property of her husband, has more or less absolute and unrestricted power of enjoyment and disposition of that property. It has been stated that for her own maintenance as well as for making expenditure towards religious purposes and for the purposes of her community, a widow has power to spend her husband's wealth and also to sell his property. She is at liberty to give her inherited property to any one she likes and cannot be stopped by any one except as regards the maintenance of small children. The son is left to amuse himself any way he pleases. This peculiarity of the Jaina Law is calculated to have a wonderful effect on the community. The son has got to please the mother; if he is to get anything from the paternal or maternal estate; for she excludes him from inheritance altogether except as an heir to herself. She is further empowered to make a will, and may also dispose of her property, by non-testamentary gifts, in her life time. The son has, thus, got to think for himself, and learn how to earn, and to acquire pleasing manners, to captivate the heart of the mother. This resulted in producing a very healthy effect on the character of sons. To invest the son with absolute ownership is to silence the mother's controlling voice effectively. The insignificant percentage of criminals among the Jainas, the lowest as compared with other communities, is a glowing tribute to the wisdom of the Jain Legislator.

In short, it can be maintained that so far as social and political position of woman was concerned, no material change occurred among Jaina women as compared with their Hindu sisters. As regards religious position of woman we can say with confidence that a yeoman service was rendered by Jain Acaryas towards the suffering half of humanity by declaring open to it, all portals of the supreme spiritual domain and admitting it equally with the other half to the religious order for asceticism. In the sphere of law as well, they made definite contribution to the amelioration of the intolerable lot of bereaved widows who must have found some solace in the precepts of Jaina faith which gave them, to a certain extent, a place of honour and self-respect.

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Source : Jain Religion & Community

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