This paper was presented at Research conference on Kautilya Arthashastra
Organised by: Indian Council of Philosophical Research (ICPR), New Delhi
In association with: Chanakya International Institute of Leadership Science, University of Mumbai
The Institution of Marriage:
Marriage (also called matrimony or wedlock) is a socially or ritually recognised union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws. The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually sexual, are acknowledged. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. When defined broadly, marriage is considered a cultural universal. Chanakya in the Kautilya’s Arthashastra mentions विवाहपूर्वो व्यवहारः — all (civic life) transactions begin with marriage. (03.02.01) According to Chanakya a woman twelve years of age attains majority and a man when sixteen years of age. (03.03.01). In the present day the concept of Marriage has not changed much, but we can see a lot of influence of western culture on the Indian Institution of Marriage. As a mature democracy we have defined legal age of getting married in our constitution as eighteen years for woman and twenty one for man. The new age youth has been more open towards pursuing any sexual activity before marriage and the concept of having a partner / live-in relationship is also not very alien especially in the Urban population.
About Chanakya:
Chanakya was famous Indian philosopher who was responsible for the overthrow of the last ruler of Nanda dynasty and start of Maurya dynasty. He played very important part in the establishment, growth and preservation of Maurya Empire. He was teacher and mentor to the first Maurya Emperor Chandragupta. He was man of great tactics who made great contributions and was instrumental in changing the course of Indian history. He is estimated to have lived from 350–283 B.C. Chanakya is touted as the one of the “Pioneer Economist of India”, he ruled the Prime Minister (महाअमात्य) of Emperor Chandragupta. Chanakya was a professor at the University of Takshila (located in present day Pakistan) and was an expert in commerce, warfare, economics, etc. His famous works include Chanakya Neeti, Arthashastra and Neetishastra. His famous work called Kautilya’s Arthashastra is a classic example of statecraft and politics and is read across the globe even today. The scope and range of his intellect should be self evident with the variety of subjects he dealt with, in his works one can not only see the versatility but also notice accuracy, applicability and relevance of many of his ideas.
Types of Marriages:
Indians sees marriage as a sacred duty that entails both religious and social obligations. Old Indian literature gives many different types of marriages and their categorisation; according to the Chanakya there are eight different types of Marriage. This can be explained as below:
ब्राह्म — कन्यदनं कन्यां अलड़कृत्य ब्राह्मो विवाहः (03.02.02).
The giving in marriage of a maiden well adorned (with ornaments) is calledBráhma-marriage. In this mode of marriage, the conduct, disposition, learning, lineage, respect and achievements of the groom are considered before bestowing one’s daughter in marriage. (This is regarded as the best form of marriage by scriptures, and no exchange of wealth or dowry is involved).
प्रजापत्य — सहधर्मचर्या प्राजापत्यः (03.02.03)
The joint-performance of sacred duties (by a man and a woman) is known as prájápatya marriage. The groom, once identified is enticed with wealth and presents of various to win the groom’s hand. This method is best for Kshatriyas, and is also called the Kshátra mode of marriage.
अर्श — गोमिथुनादानाद आर्षः (03.02.04)
(The giving in marriage of a maiden) for a couple of cows is called Arsha. The bride is offered in exchange of two cows. The groom in this case is typically a rishi. (This is probably because the parents could not celebrate the marriage according to the Brahma rite at the right time. The exchange of two cows indicates that the groom does not possess extraordinary wealth).
दैव — अन्तर्वेघां ऋत्विजे दानाद दैवः (03.02.05)
(The giving in marriage of a maiden) to an officiating priest in a sacrifice is called Daiva. Here the bride is offered in marriage to the priest after a yagna. This happens typically after the bride’s family waits in vain for a suitable groom to turn up.
गन्धर्व — मिथःसमवायाद गान्धर्वः (03.02.06)
The voluntary union of a maiden with her lover is called Gándharva. The parent(s) gets the bride married to the groom of her choice, even if it is against their preferences. This is the precursor to the modern ‘love’ marriage. The marriage of Dushyanta and Shakuntala is of this type.
असुर — शुल्कादानाद आसुरः (03.02.07).
Giving a maiden after receiving plenty of wealth (súlka) is termed Asura. The bride’s parents and kinsmen are enticed with wealth, in return for offering their girl in wedlock. (This usually happens when the groom is rich and the bride’s family is not).
राक्शस — प्रसह्यादानाद राक्शसः (03.02.08).
The abduction of a maiden is called Rákshasa. In this form, the bride’s kinsmen are killed or beaten (often in a battle), and force is utilized to take away the girl. Krishna’s abduction of Rukmini and their subsequent marriage is of this type. Note that the bride does not object to marry the groom in this case.
पैसाछ् — सुप्तमत्तादानात पशाचः (03.02.09)
The abduction of a maiden while she is asleep and in intoxication is called Paisácha marraige. In this form, the bride is taken away forcibly (against her wishes), sometimes in a state of unconsciousness. The bride’s opinion does not count. This is considered the lowest form of marriage.
The reference of these types of Marriage is also available in the Mahabharat:
- Dushyanta mentions the eight types of marriages to Shankuntala, and reasons that being kshatriyas, the Gandharva mode of marriage is apt for them. (Mbh. Adi Parva, Chapter 73)
- Bhishma details the eight types of marriages when he is taking Amba, Ambika and Ambalika by force. (Mbh. Adi Parva, Chapter 102)
- Bhismha narrates the types of marriages to Yudhishir (Mbh. Anusasana Parva, Chapter 44)
Ref: http://jayarama.wordpress.com/2010/07/30/the-eight-types-of-marriage/
Financial Security to Married Women:
Chanakya emphasises on the financial security to married women. He calls it स्त्रीधन (woman’s property), which consisted of landed property, jewellery and money sufficient for maintenance of the married woman and her children. The husband, the relatives of the husband and the relatives of the woman provided this स्त्रीधन to the married woman at the time of wedding. The amount of स्त्रीधन depended on the capabilities of the involved family and social customs; but it was very important to make sure that स्त्रीधन was sufficient for the subsistence of the woman and her children in case her husband dies, re- marries or leaves her for any reason in which the woman has no fault on her. To provide this स्त्रीधन was a legal compulsion and a punishable offence if not provided for. वृत्तिराबन्ध्यं वा स्र्तीधनम् — Maintenance and ornaments constitute woman’s property. (03.02.14) परद्विसाहस्त्रा स्थाप्या वृित्तः, आबन्ध्यानियमः — Maintenance is an endowment of maximum of two thousand (panas); as to ornaments there is no limit. (03.02.15)
The use of the “स्त्रीधन”:
तद् आत्मपुत्रस्नुषाभर्मिण प्रवासाप्रतिविधाने च भार्याया भोत्कुं अदोषः, प्रतिरोधकव्याधिदुर्भिक्शभयप्रतीकारे धर्मकार्ये च पत्युः, सम्भूय वा दम्पत्योर्मिथुनं प्रजातयोः (03.02.16)
The woman is allowed to use स्त्रीधन (when her husband is still alive and living with her) only under the following condition, when it is used for the maintenance of their sons and daughters in the absence of the husband, for the purpose of sudden emergency and for religious purposes. The couple is also allowed to jointly use स्त्रीधन after the birth of a child to cover the expenses for relevant rituals and festivities.
गान्धर्वासुर उपभुक्तं स-व्रुद्धिकं उभयं दाप्येत, राक्शसपैशाच उपभुक्तं स्तयं दधात् (03.02.18)
If the husband uses स्त्रीधन then, he is entitled to return it with interest in case of गन्धर्व and असुर marriage and in case of राक्शस and पैसाछ् marriage he is liable to pay penalty for theft.
The use of the “स्त्रीधन” on death of the husband:
If the wife does not remarry: In case where the husband is dead and the wife (widow) decides to live a life of piety, she is eligible to get and use the स्त्रीधन for her maintenance. (03.02.19)
If the wife (widow), without sons remarries: In case where the wife (widow) decides to remarry after the death of her husband, she is forfeited from using the स्त्रीधन for her own personal use and is suppose to return the same to the husband’s family with interest. Though she has the right to use the स्त्रीधन for the purpose of religious activities (03.02.20) (03.02.26) (03.02.27)
If the wife (widow), with sons remarries: In case where the wife (widow), with sons remarries she will be forfeited of the स्त्रीधन. However the sons are eligible to receive this स्त्रीधन. (03.02.28) (03.02.29)
If the wife (widow), with sons remarries to have children: In case where the wife (widow), with sons remarries to have children with the permission and liking of her father-in-law’ family, she is eligible to get the स्त्रीधन. (03.02.21)
Wife abandoning the husband and use of “स्त्रीधन”:
The wife is eligible to enjoy the स्त्रीधन even when she has abandoned the husband in the following cases: if the husband has become degraded or gone to a foreign land or has committed an offence against the king or is dangerous to her life or has become an outcast or even when he is impotent. (03.02.48)
The inheritance of “स्त्रीधन” on death of the husband:
With children: In case where a wife dies and the husband (widower) is alive, their children shall receive the स्त्रीधन, which will be divided within them. With no sons, but daughter: In case they do not have a son, then the daughter/s shall receive the same.
With no children: In case the have no children then, the husband and the relatives shall take back the स्त्रीधन as they have presented to her. (03.02.36) (03.02.37)
Second Marriage of Males:
The husband is allowed to remarry with the objective of getting a son, in case where:
• He has waited for 8 years and the wife is not able to bare an offspring
• He has waited for 10 years, in case the wife bares a dead offspring
• He has waited for 12 years, in case the wife bares on daughter (03.02.38) (03.02.39)
In the case where the husband violates this law then, he is suppose to not only pay the woman the dowry, the स्त्रीधन and an adequate amount for her subsistence, he also has to pay a fine of 24 panas to the Government. After making these necessary payments, the husband may marry as many numbers of women he wants. (03.02.40)
Disaffection between husband and wife:
A woman, who hates her husband, who has passed seven menstrual periods, and who loves another shall immediately return to her husband both the endowment and jewellery she has received from him, and allow him to lie down with another woman. (03.03.12)
A man, hating his wife, shall allow her to take shelter in the house of a mendicant woman, or of her lawful guardians or of her kinsmen. (03.03.13)
Divorce by Mutual Consent:
A Woman or Man cannot dissolve a marriage and get into divorce without a mutual consent. If either of the two is not agreeable to separation then the same cannot happen. Divorce is granted only with mutual disaffection. (03.03.15) (03.03.16)
In the case where the husband seeks divorce because of the wife’s offence, he shall give her back what ever he has received from her on the occasion of their marriage. (03.03.17)
In the case where the wife seeks divorce because of the husband’s offence, he (the husband) shall not give her back what ever he has received from her on the occasion of their marriage. (03.03.18)
Marriages contracted in accordance with the customs of the first four kinds (Pious marriages) cannot be dissolved and get divorce. (03.03.19)
Remarriage by wife in case of the husband’s short absence:
The married women are permitted to remarry if she likes to do so) in case of short absence of husband under a situation when the husband goes away from the wife with the promise to return after a short period. The wives without a child shall wait for a period of one year and with child for two years if the husband does not provide them with the resources for the period of his absence. In case the husband has provided them the resources, the wait will be double. (03.04.24) (03.04.25)
The trustees of स्त्रीधन and later the Kinsmen shall provide for the maintenance to the woman in case she is not provided for until the time she is not remarried. (03.04.26)
In case the husband is a Brahmin who has gone away for studying, then the wife shall wait for him, for ten years if she has no child, for twelve if she has a child. In case of the husband being a royal servant, she shall wait till the end of her life. (03.04.28)
In case of Pious Marriages:
The wife shall wait for her husband who has gone away without informing her, for seven menstrual periods if no news is heard about him, for one year if news is heard. (03.04.31)
If he husband had paid only a part of the dowry to the wife, she shall wait for three menstrual periods if there is no news, seven menstrual periods if there is news about him. If he had paid the dowry in full, she shall wait for five menstrual periods if there is no news, ten if there is news. After that, she may remarry, as she desires, with the permission of the judges. (03.04.33) (03.04.34) (03.04.35)
Remarriage by wife in case of the husband’s long absence:
The husband may have to go away for business or other purposes requiring long absence. If the husband does not return after the stipulated time period, the wife may remarry after waiting for seven more menstrual periods if she has no child and for one year, if she has child. (03.04.37)
References:
• R.P. Kangle, ‘The Kautilya Arthashastra’, Motilal Banarasidas, 1972
• Dr Shyama Shastry, Kautilya Arthashastra, Mysore University, 1908
• Ratan Lal Basu “Kautilya’s Arthasastra (300 B.C.): Economic Ideas”, 2011
• “Chanakya” — http://www.iloveindia.com/history/ancient-india/maurya-
dynasty/chanakya.html
• “The eight types of Marriages” — http://jayarama.wordpress.com/2010/07/30/the- eight-types-of-marriage/
• “What Chanakya (Kautilya) says about Marriage, Re-marriage and Women’s Property” — http://ancientindians.wordpress.com/2009/06/05/what-chanakya-kautilya-says-about-marriage-re-marriage-and-womens-property
• “The Chanakya” http://www.chanakya.com/chanakya.htm
• “Chanakya and his views about women” — http://selfrealization-vinay.blogspot.in/2012/05/chanakya-and-his-views-about-women.html
• http://en.wikipedia.org/wiki/Chanakya
• Maxims of Chanakya:Kautilya. AbhinavPublications by V. K. Subramanian (1980)
