Author(s): Benudhar Oram
Abstract:
The legal status of women has been an important subject in the Dharmaśāstra tradition. Although Hindu marriage was generally regarded as a sacred and enduring union, Dharmaśāstra literature contains several provisions that address situations in which marital relationships became difficult or impossible to maintain. The present study examines the legal position of women with special reference to divorce, remarriage, and associated rights in Dharmaśāstra texts. It explores the views of major legal authorities such as Manu, Yājñavalkya, Nārada, Parāśara, and Kauṭilya, together with references found in the Vedas and later Smṛti literature. The study shows that while formal divorce was not commonly recognized in the modern sense, various legal mechanisms existed to protect women in cases of abandonment, desertion, widowhood, cruelty, impotence, and other exceptional circumstances. The Dharmaśāstra tradition also acknowledged remarriage under specific conditions and developed the concept of Punarbhū to describe women entering a subsequent marriage. Furthermore, the texts discuss women's rights relating to maintenance, property, inheritance, adoption, and Strīdhana. The paper argues that the legal status of women in Dharmaśāstra was more nuanced than often assumed. While the system remained rooted in a patriarchal social structure, it nevertheless provided several safeguards intended to ensure social stability and economic protection. A comparison with modern Hindu law demonstrates both continuity and transformation in the development of women's legal rights. The study contributes to a deeper understanding of women's position within the classical Hindu legal tradition and its continuing relevance in contemporary legal discourse.
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