Status of women in dharmasastra & hindu marriage law: a revisit from ancient to modern

Baisakhi Ghosh

This study starts with the question of women’s status or position in the then society and will also try to explore the hindrance of several Dharmasastras under the slaying of uniformity and divine spirit. The study also gives emphasis on Hindu Marriage Law which analyzes the views of both Dharmasastra and Court law. At present day our government promotes to save the girl child by raising slogan BETI BANCHAO BETI PADHAO, the same we found in the ancient texts, where girl child were regarded to be goddess Lakshmi (Goddess of Wealth), but in another way they were treated like property of their father’s before marriage and property of husbands after marriage. In one hand the ancient sages told that marriage is to be constructed between two individual of full age with mutual consent where on other hand constraint marriage was also admitted by them. The study stands on the pillar of this conflict. From ancient to modern the views towards women or girls are unchanged. Some exceptions are always therein. In India we found many cases where the women are subjected to gang rape or they are burnt alive for dowry. But still by the support of the law of the land, handful of women gets justice. The number of cases where the women gets justice is comparatively low in ratio to the deprivation of justness. It can be concluded that women are empowered therein by their divine spirit. The law of the land only gives them weapons to fight.

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