Читать книгу The Strategy of Warfare – Boxed Set - Carl von Clausewitz - Страница 126

Table of Contents

WOMEN, when twelve years old, attain their majority (práptavyavahára) and men when sixteen years old. If after attaining their majority, they prove disobedient to lawful authority (asusrúsháyám), women shall be fined 15 panas and men, twice the amount.

(Maintenance of a woman.)

A woman who has a right to claim maintenance for an unlimited period of time shall be given as much food and clothing (grásacchádana) as is necessary for her or more than is necessary in proportion to the income of the maintainer (yatha-purushaparivápam vá). If the period (for which such things are to be given to her) is limited, then a certain amount of money fixed in proportion to the income of the maintainer shall be given to her; so also if she has not been given her sulka, property, and compensation (due to her for allowing her husband to remarry). If after parting with her husband, she places herself under the protection of any one belonging to her father-in-law’s family (svasrakula), or if she begins to live independently, then her husband shall not be sued for (for her maintenance). Thus the determination of maintenance is dealt with.

(Cruelty to women.)

Women of refractive nature shall be taught manners by using such general expressions as ‘Thou, half naked; thou, fully naked; thou, cripple; thou, fatherless; thou, motherless, (nagne vinagne nyange pitrke matrke vinagne ityanirdesena vinayagrahanam). Or three beats either with a bamboo-bark or with a rope or with the palm of the hand may be given on her hips. Violation of the above rules shall be liable to half the punishment levied for defamation and criminal hurt. The same kind of punishment shall be meted out to a woman who, moved with jealousy or hatred, shows cruelty to her husband. Punishments for engaging in sports at the door of, or outside her husband's house shall be as dealt with elsewhere. Thus cruelty to women is dealt with.

(Enmity between husband and wife.)

A woman, who hates her husband, who has passed the period of seven turns of her menses, 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. 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. If a man falsely accuses his wife of adultery with one of her or his kinsmen or with a spy--an accusation which can only be proved by eyewitnesses (drishtilinge)--or falsely accuses her of her intention to deprive him of her company, he shall pay a fine of 12 panas. A woman, hating her husband, can not dissolve her marriage with him against his will. Nor can a man dissolve his marriage with his wife against her will. But from mutual enmity, divorce may be obtained (parasparam dveshánmokshah). If a man, apprehending danger from his wife desires divorce (mokshamichhet), he shall return to her whatever she was given (on the occasion of her marriage). If a woman, under the apprehension of danger from her husband, desires divorce, she shall forfeit her claim to her property; marriages contracted in accordance with the customs of the first four kinds of marriages cannot be dissolved.

(Transgression.)

If a woman engages herself in amorous sports, or drinking in the face of an order to the contrary, she shall be fined 3 panas. She shall pay a fine of 6 panas for going out at day time to sports or to see a woman or spectacles. She shall pay a fine of 12 panas if she goes out to see another man or for sports. For the same offences committed at night, the fines shall be doubled. If a woman abducts another woman while the latter is asleep or under intoxication (suptamatta-pravrajane), or if she drags her husband as far as the door of the house, she shall be fined 12 panas. If a woman leaves her house at night, she shall pay double the above fine. If a man and a woman make signs to each other with a view to sensual enjoyment, or carry on secret conversation (for the same purpose), the woman shall pay a fine of 24 panas, and the man, double the amount. A woman, holding out her hair, the tie of her dress round her loins, her teeth or her nails, shall pay the first amercement, and a man, doing the same, twice the first amercement.

For holding conversation in suspicious places, whips may be substituted for fines. In the centre of the village, an outcaste person (chandála) may whip such women five times on each of the sides of their body. She may get rid of being whipped by paying a pana for each whip (panikam vá praharam mokshayet). Thus transgression is dealt with.

(Forbidden transactions.)

With regard to a man and a woman who, though forbidden to carry on any mutual transaction, help each other, the woman shall be fined 12, 24 and 54 panas respectively according as the help consists of (i) small things, of (ii) heavy things and (iii) of gold or gold-coin (hiranyasuvarnayoh); and the man, at double the above rates. With regard to similar transaction between a man and a woman who cannot mix with each other (agamvayoh), half of the above punishment shall be levied. Similar punishment shall be meted out for any forbidden transaction with any men. Thus forbidden transactions are dealt with.

 Treason, transgression and wandering at will shall deprive a woman of her claim not only to (i) strídhana, some form of subsistence of above 2,000 panas and jewellery, (ii) and áhita, compensation she may have obtained for allowing her husband to marry another woman, but also (iii) to sulka, money which her parents may have received from her husband.

[Thus ends Chapter III, “The Duty of a Wife; Maintenance of a Woman; Enmity between Husband and Wife; a Wife's Transgression; and Forbidden Transactions” in the section “Concerning Marriage,” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the sixtieth chapter from the beginning.]