Background:- Surrogacy has been a major debate across India , since the beginning of 21st century. Almost a decade has passed since the curious case of Baby Manji (explained below), we are yet to have a robust framework of regulation. The reason are quite simple though. The whole concept of surrogacy has consequences that travels in to many spheres – Social , economic , religious , ideology , science and ethics . To understand it and to comprehend properly ,one needs a little deeper understanding , and more often than not we have come across brilliant articles and write-ups by many learned man, but almost all of them explore certain aspects of surrogacy and the theme usually does not delve in to all spheres.Its a matter of great significance. Hence we at UPSCTREE , tried to contemplate this particular issue , in order to give it a holistic understanding .
Introduction :-
Definition :- Surrogacy, a practice in which a woman agrees to carry a child to term for a couple who will then keep the child as their own.
Type :- Fundamentally, there are two types of surrogacy — traditional surrogacy and gestational surrogacy.
In traditional surrogacy, a surrogate mother is artificially inseminated, either by the intended father or an anonymous donor, and carries the baby to term. The child is thereby genetically related to both the surrogate mother, who provides the egg, and the intended father or anonymous donor.
In gestational surrogacy, an egg is removed from the intended mother or an anonymous donor and fertilized with the sperm of the intended father or anonymous donor. The fertilized egg, or embryo, is then transferred to a surrogate who carries the baby to term. The child is thereby genetically related to the woman who donated the egg and the intended father or sperm donor, but not the surrogate
Monetary compensation may or may not be involved in surrogacy arrangements. If the surrogate receives compensation beyond the reimbursement of medical and other reasonable expenses, the arrangement is called Commercial surrogacy; otherwise, it is often referred to as altruistic surrogacy.The concern here is largely based upon the commercial surrogacy
While traditional and gestational are simply methods of surrogacy or so to say Science , Commercial surrogacy is altogether different and is a product of economics.
Commercial Surrogacy and India:-
Commercial surrogacy in India is legal since 2002. The availability of medical infrastructure and potential surrogates, combined with international demand, has fueled the growth of the industry.Surrogate mothers receive medical, nutritional and overall health care through surrogacy agreements.
Commercial surrogacy is a product of a contract , hence it makes sense to understand the legal aspect of it first .
Legal aspects of Surrogacy:-
The curious case of Baby Manji :-
- Japanese couple Ikufumi and Yuki Yamada traveled to India in late 2007 to discuss with fertility specialist Dr. Nayna Patel their desire to hire a surrogate mother to bear a child for them. The doctor arranged a surrogacy contract with Pritiben Mehta, a married Indian woman with children. Dr. Patel supervised the creation of an embryo from Ikufumi Yamada’s sperm and an egg harvested from an anonymous Indian woman. The embryo was then implanted into Mehta’s womb.
- In June 2008, the Yamadas divorced, and a month later Baby Manji was born to the surrogate mother. Although Ikufami wanted to raise the child, his ex-wife did not.Suddenly, Baby Manji had three mothers—the intended mother who had contracted for the surrogacy, the egg donor, and the gestational surrogate—yet legally she had none.
- The surrogacy contract did not cover a situation such as this. Nor did any existing laws help to clarify the matter. Both the parentage and the nationality of Baby Manji were impossible to determine under existing definitions of family and citizenship under Indian and Japanese law. The situation soon grew into a legal and diplomatic crisis. The case of Baby Manji illustrates the complexity and challenges faced by institutions in the face of emerging technologies.
- At first Yamada tried to secure documents to take the baby to Japan. But the Japanese Embassy in India refused to grant Manji a Japanese passport or visa. The Japanese Civil Code recognizes as the mother only the woman who gives birth to a baby. The code does not recognize surrogate children. In this case, the woman who birthed Manji was Indian, not Japanese, which meant Manji was not entitled to a Japanese passport.
- Yamada’s next stop was the Indian government. For a time, even though he was her genetic father, it looked as though he would have to adopt Manji. Because Indian laws don’t address commercial surrogacy, the genetic parents of babies born via surrogacy are required to adopt them. Again Yamada hit a legal snag: A 120-year-old law (Guardians and Wards Act 1890) does not allow single men to adopt baby girls.
The case of Baby Manji throws light on the legal entangle surrounding surrogacy. The reason behind this cobweb is simple – most of our laws are product of situations in society, while science has progressed as far as Assisted Reproductive technology and genetic engineering , we don’t have the necessary legal framework that define and draws the line between what is legal and what is illegal.
As of now , the surrogacy is addressed by a guideline issued by Indian Council for Medical Research. Though , the guidelines addresses on how to and what to do ,it is being a guideline – can not be enforceable in case of any abuse.Thus , it requires a Law that could address the issue .
The next theme to understand surrogacy is its commercial nature.
Economic aspects of Surrogacy:-
- Surrogacy became an industry in India and to label it as fertility tourism would do justice to it.
- The availability of medical infrastructure and potential surrogates, combined with international demand, has fueled the growth of the industry.Surrogate mothers receive medical, nutritional and overall health care through surrogacy agreements.
- India is a favorable destination for foreign couples who look for a cost-effective treatment for infertility and a whole branch of medical tourism has flourished on the surrogate practice.
Surrogacy as Labour:-
- It is worth noting that while commercial surrogacy involves an unusual intertwining of women’s reproductive capacities with productive roles, there are some fundamental parallels with other forms of work. For example, surrogates, like factory workers, are asked to give up the product of their labor—in one case, a baby, and in the other, the material objects as well as the surplus value they produce. In both cases, they are also asked to treat their employers’ property as if it were their own, even as they are constantly reminded that it is not.
- The reality in India, is that commercial surrogacy has become a survival strategy and a temporary occupation for some poor rural women, where women are recruited systematically by fertility clinics and matched with clients from India and abroad.
- Identifying commercial surrogacy as labor, susceptible to exploitation like other forms of labor, and by simultaneously recognizing the women as critical agents, we can deconstruct the image of the victim that is inevitably evoked whenever bodies of third-world women are in focus.
- Identifying and persuading women in desperate need of money for their children, the recruitment strategy is founded around the dual image of a mother-worker. Being a mother is not just a medical requirement for a woman to be recruited as a surrogate but also an insidious mechanism to control her as a worker. This interplay of the mother-worker duality continues to underlie the next two steps in the labor process: counseling and the signing of the contract.
- Bringing a needy woman from the village to the clinic is a small first step in the whole process. Economic desperation does not make a perfect surrogate; a new subject has to be produced, a surrogate who is a willing worker and, simultaneously, a virtuous mother.
- The irony :- The irony is that the mother has to be a perfect ,virtuos mother till the baby takes birth and give the baby away immediately . So as long as the baby is in the womb, she is not supposed to treat surrogacy as business , but as soon as the baby is out , the mother has to be a perfect business woman , who respects her contract and gives her child away .The only problem is , no one knows how the emotions comes in to play , and this includes the mother too.
- The surrogacy contract, which lays out the rights of the surrogates, is in English, a language almost none of the surrogates can read. Some essential points of the contract, however, are translated for them.
- Womb-on-Rent:-Doctors usually counsel the mothers as they are just the womb – the transient nature of mothering role is reiterated to them and this prevents them from being attached to the child, as the Doctor’s claim.This renders mother as a disposable worker.
- The ambiguity surrounding commercial surrogacy: it lies somewhere between contractual labor and motherly altruism.
How Surrogacy works:-
- Surrogates typically have two kinds of living arrangement during their nine months of pregnancy: living in the rooms above the clinic or in surrogate hostels
- The women have nothing to do the whole day except pace back and forth on the same floor (they are not allowed to climb the stairs and have to wait for the nurses to operate the elevator), share their woes and experiences with the other surrogates, and wait for the next injection.
- It is similar to any sweat shop , the only difference is that , here the doctors are the supervisors enforcing the contract and they exploit as much as they can to serve the needs of the client and to ensure a better end product- baby.Hence , many literature label it as Baby Farms.
- The hostels or clinics are usually have 2 things common across board – Class on Spoken English(sometimes english lesson with computer lessons) and a prayer hall.These two serve the need of the client very well.
- The computer and English lessons create a better worker (for now and the future) who can communicate more effectively with the couple hiring her, while the elaborate prayer room and scheduled prayer hours emphasize the image of a virtuous, religious,and conservative mother-worker.
- The mothers are happy though ,as they don’t have any manual work to do. They wake up , take tea , take medicine, sleep, wake up ,bathe ,eat lunch and so on , prayer in the evening etc..But they usually forget that they are labour , and this time its not their mind or hand doing the work , instead it is their womb .Motherhood is on sale and mothers are restricted to embrace it, both physically and emotionally.
From the above discourse as surrogacy becomes a tool for economic benefits , poor , illiterate ,rural women are at the mercy of the doctors and agents. Given the economic importance , it is subjected to exploitation as any other forms of labour , but motherhood as a labour throws significant question on the ethical and social impacts on the surrogates.
Social and Ethical aspects of Surrogacy:-
- The parallels between commercial surrogacy and sex work in the Indian public imagination make surrogacy a highly stigmatized labor option. Although surrogacy as a process is an ethical quagmire in almost all countries, surrogates are not usually stigmatized. In India,however, the surrogates face a high degree of stigma.
- The stigma and secrecy surrounding surrogacy limits the scope of recruitment through word of mouth, and doctors have to rely on formal and informal surrogacy brokers. Former surrogates, women who could not become surrogates for medical reasons, and midwives often become brokers in this trade.
- Also , as explained before, motherhood has a highly emotional attachment to it. To treat it like a business , leaves a wide loop hole as long as the ethical and psychological care is concerned for the surrogates.
- Adoption vs Surrogacy : –
- Adoption has been on the rise when surrogacy was far from reach .However when a couple can have their own baby , with out going through the pain and pleasure of motherhood , surrogacy caught the imagination of many.Especially , the clients are from developed countries, who have enough money to buy the pleasure of having a baby without enduring its pain.
- This has a wrong impact on the adoption itself. Adoption gives a new hope of life to the orphans . But surrogacy has taken over and many orphans who could have otherwise found a better home are now left in the orphanage centers.
Conclusion :- The economic desperation of poor and rural women and low cost reproductive technology , made India a commercial surrogacy hub .Many of the religions does not recognize Adoption itself, to accommodate surrogacy in theology is a distant dream.India , being a highly religious country , the surrogates also encounter religious stigma too.The exploitation are real and its reaches are far and wide.Thus in context the way forward would be :-
Way forward:-
- It is undeniable and probably medically unethical to provide help of surrogacy to the couple who could not conceive child of their own. Thus Surrogacy is going to stay and if we could deal with the economic exploitation and social stigma in a better manner , then this branch of fertility tourism can be of help.
- What makes it unethical is that , those who have the means to afford surrogacy , usually doing it even though they have the biological capacity to reproduce.
- The mother who gives birth is usually highly attached to the child, while the mother as per the contract , does not go through pregnancy , hence largely lacks the emotional attachment with the child .This does not augur well for the child and hence there should a way to find a balance between these two psychological needs, which can only be answered by the people who practice emotional intelligence of higher order and the necessary arrangement has to be made once we acquire the recommendation. Counseling is required for both – the surrogate and the contract mother.
- The exploitation of cheap labour has been the norm in any economic activity. This is very appealing to the foreigners , where they could not find a commercial surrogate at affordable cost at home , they fly to India.The sheer distance keeps the two mothers separate and hence arises the issues of emotional detachment.The only way forward for this issue is , both the surrogate and the contract mother has to be in the same country and in constant touch. While the surrogate endures pain , the contract mother should be there to land a hand aside her bed.
- A robust legal framework is necessary to address all the aspects of this issue – social, legal, economic, emotional , ethical and medical.
- The Government of India can create a cell with in Ministry of External Affair to look after the applications originating from foreign countries.Their merit should be decided by a medical team to check whether the applicant has the ability to reproduce on their own or not. Also , the team should do the necessary check on the couple and the surrogate to see if there is any danger to this arrangement.It also can issue visas , so that the contracting couple can stay with the surrogate during the pregnancy.
- Many lose lives while giving birth due to medical complications, in this case , a willing surrogate should be provided with adequate insurance and her decision should be a conscious one.Also, the surrogate should be provided with enough access to the child after birth so as to fulfill her psychological needs . To this to occur , a holistic approach and guideline has to be developed .
- The compensation and benefits for the surrogate should be taken care of and parity should be maintained . So that the surrogate is not exploited due to economic reasons.
- In the conclusion , surrogacy , indeed is a cobweb and due care has to be taken to frame the law. The Medical association too has to create a ethical guideline for the doctors so that they could restrain from acting as mere contract enforcers while working for the interest of client.
- We are at the cross-roads where our traditional methods of living has constantly challenged by emerging technologies , appropriate action on part of the government at right time can help to realize the goals of all without jeopardizing anybody’s interest.
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- India’s telecom market has seen monopoly as well as hyper-competition.
- Twenty-five years ago, the government alone could provide services.
- Ten years later, there were nearly a dozen competing operators.
- Most service areas now have four players.
- The erstwhile monopolies, BSNL and MTNL, are now bit players and often ignored.
- India is ranked second globally—after China—in the number of people connected to the internet. However, it is also first in the number of people unconnected.
- Over 50% of Indians are not connected to the internet, despite giant strides in network reach and capacity.
- India’s per capita or device data usage is low. It has an impressive 4G mobile network. However, its fixed network—wireline or optical fibre—is sparse and often poor.
- 5G deployment has yet to start and will be expensive.
Context
Sunil Mittal, the chairman of Bharti Airtel, said recently that it would be “tragic” if India’s telecom-access market was to be reduced to only two competing operators. He was probably referring to the possible exit of the financially-stressed Vodafone Idea and the increasing irrelevance of government-owned operators, BSNL and MTNL. This would essentially leave the market to Reliance Jio and Airtel. A looming duopoly, or the exit of a global telecommunications major, are both worrying. They deserve a careful and creative response.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Thus Far
The reduced competition is worrying. Competition has delivered relatively low prices, advanced technologies, and an acceptable quality of services. These gains are now at risk. There is a long way to go in expanding access as well as network capacity.
The Indian Telecom Irony
Vodafone Tragedy
Filling the gaps in infrastructure and access will require large investments and competition. The exit of Vodafone Idea will hurt both objectives. The company faces an existential crisis since it was hit hardest by the Supreme Court judgment on the AGR issue in 2019, with an estimated liability of Rs 58,000 crore.
The closure of Vodafone Idea is an arguably greater concern than the fading role of BSNL and MTNL. The government companies are yet to deploy 4G and have become progressively less competitive. Vodafone Idea, on the other hand, still accounts for about a quarter of subscriptions and revenues and can boast of a quality network.
It has been adjudged the fastest, for three consecutive quarters, by Ookla, a web-service that monitors internet metrics. India can ill-afford to waste such network capacity. The company’s liabilities will deter any potential buyer.
Vodafone+MTNL+BSNL ?
A possible way out could be to combine the resources of the MTNL and BSNL and Vodafone Idea through a strategic partnership. Creative government action can save Vodafone Idea as well as improve the competitiveness of BSNL and MTNL.
It could help secure government dues, investment, and jobs. It is worth recalling here that, about 30 years ago, the Australian government’s conditions for the entry of its first private operator, Optus, required the latter to take over the loss-making government satellite company, Aussat. Similar out-of-the-box thinking may well be key to escape the looming collateral damage.
It is not trivial to expand competition in India’s telecom market. Especially since there are no major regulatory barriers to entry anymore. Any new private player will be driven largely by commercial considerations. Global experience suggests that well-entrenched incumbents have massive advantages. New players are daunted by the large investments—and much patience!—needed to set up networks, lure existing customers and sign new ones.
However, regulators and policymakers have other options to expand choice for telecom consumers. Their counterparts in mature regulatory regimes—e.g., in the European Union—have helped develop extensive markets for resale. Recognising the limited influence of smaller players, regulators mandate that the incumbent offer wholesale prices to resellers who then expand choice for end-users.
This has been virtually impossible in India. There is a near absence of noteworthy virtual network operators (VNOs) and other resellers. A key barrier to resale is India’s licence fee regime which requires licence-holders to share a proportion of their revenues with the government. Thus, resale could hurt exchequer revenues unless resellers are subject to identical levies. Understandably, the levies—and consequently additional reporting and compliance—is a disincentive for smaller players. The disincentive flows from levies based on revenues which comes with considerable costs of compliance. It would almost vanish if the levies were replaced by say, a flat fee computed objectively.
The ball is in the court of the regulator and the government. They have options. But will they take decisive action to exercise them? It will be ‘tragic’ if they can’t.
INTRODUCTION
Since most of the early scholars, researchers and historians were men, many aspects of society did not find a place in history books. For example, child-birth, menstruation, women’s work, transgenders, households etc. did not find much mention.
[wptelegram-join-channel link=”https://t.me/s/upsctree” text=”Join @upsctree on Telegram”]Rather than building a holistic picture of the past, some select aspects such as polity and the different roles of men became the central focus of history writing. Women were confined to one corner of the chapter where a paragraph or two was devoted to the ‘status and position of women’.
Even the details of these paragraphs were hardly different from each other. This made it look like as if history (and thereby society, polity, economy and all culture) belonged to men while women were only a small static unit to be mentioned separately. Of course, there were some exceptions, but these were however rare. This practice is being corrected now and the roles and presence of women are being read into all parts of historical questions.
SOURCES FOR UNDERSTANDING GENDER HISTORY
Sources are the bases of history writing. From simple pre-historic tools to abstruse texts, everything can be utilized to understand life and roles of women in history. The presence as well as the absence of women from sources needs to be duly noticed, deliberated and argued upon and only then to be theorised upon.
Certain objects being directly related to the lives of women or depicting the ideas of the female principle are of central importance. These include but are not limited to female figurines, art objects, texts attributed to or authored or compiled by women, monuments created by or for women, various objects relating to their lifestyle, objects associated with women on account of their cultural roles and so on.
It has been rightly pointed out by Uma Chakravarti that much of the gender history written in early phase was a ‘partial view from above’. This referred to the utilization of select textual sources and focused only on relational identity of women. There were, however, a few exceptions.
GENDER HISTORIOGRAPHY
Amongst the many narratives propagated to denigrate Indian civilization and culture by the British colonial rulers, the condition of Indian women became a point of central reference. Various social evils that made the life of women miserable were pointed out and efforts were also made to introduce ‘reforms.’ Sati, child-marriages, imposed widowhood, polygamy, dowry, educational and economic inequality, purdah (ghoonghat) and many other practices prevailed during the colonial period that made the life of women difficult and pitiable.
Some practices affected women of higher social and economic households while others led to misery for poorer women. Many social reform movements were started in the 19th century to address these issues and contributions were made by Indian reformers as well as British officials and other Europeans.
Women in India came to be treated as a homogeneous category and over generalisation became the norm. While many communities in India practised widow remarriage and did not practise (much less forced) sati and while some practised divorces or separation, the image of the Indian woman who had been subjugated as woman, wife and widow became a dominant theme in history writing.
Secondly, a western vision was placed over the non-western societies and hence interpretations were far removed from the context. For example, notion of stridhan was equated with dowry and little regard was paid to the provisions regarding its use and ownership by women.
The huge social stigma that came along with the selling of jewellery of the household (one of the main components of stridhan) was paid no attention to. Similarly, penal provisions listed by ancient texts for misappropriation of women’s property were not even looked into.
During the Paleolithic age, hunting and gathering was norm. However much importance was given to Hunting than gathering in all literature of history. Studies, however, show that hunted prey formed only 35% of the diet while gathering fruits and other edible material supplied the major portion. Gathering of food resources was ordinarily done by women. Since gathering was an important activity, more than hunting for game, it could point to significant role playing by women.
The gendered understanding of Harappan civilization is being built upon and various archaeological remains have been studied in this respect. The female figurines, idols of pregnant women, the statue of the ‘dancing girl’, various pieces of jewellery and personal belongings that have been discovered at various sites and offer useful insights on the public and private lives of women and men.
The statue of a girl obtained from Mohanjodaro has been called a ‘dancing girl’ on grounds of familiarity with the institution of devadasis in the later times. Such backward looking explanations are problematic.
There is a wide variety of terracotta female figurines that have been found at different sites right from the pre-Harappan times. Women figures are found suckling a baby, holding utensils, kneading dough, nursing infants, carrying objects like drums, seated figures for board games, with steatopygia (fat deposition on the hips and elsewhere), with floral head-dresses and in many other forms.
Even figurines of pregnant women are quite common. However, most of these have been uncritically associated with fertility, religiosity and reproductive ideas, and have been passed off as representations of the Mother Goddesses. While some of them were votive objects, others are held to be toys or other utilities. The focus on female form has been so stereotypical that women have been seen as associated only with home, hearth, fertility, sexuality and divinity. So much so that sometimes even male figurines in assumed womanly roles were classified as female figurines.
POSITION OF WOMEN IN EARLY INDIA
The first literary tradition in the Indian subcontinent (and the oldest in the world) is that of the Vedic corpus. From the four Samhitas to the Upanishads, we find many interesting references to women in various roles. Some of these women have left their mark on the cultural heritage to this day and are remembered in various ritual and social contexts. Their names, stories, some highly revered hymns, and other interesting facets are mentioned in the Vedic corpus.
The Vedic literature has been classified as Early Vedic and Later Vedic. The Rigvedic society and polity seems to be teeming with life and agro-pastoral economy was enmeshed in close kinship ties. Women as well as men participated in society, economy and polity. Some of the most revered hymns including the gayatri mantra are ascribed to women.
Various natural phenomena are depicted as Goddesses and they are offered prayers. While quantitative analysis highlights the predominance of Indra, Agni, Varuna and other male gods, the power and stature of the goddesses is equally well established.
Women participated in all three Vedic socio-political assemblies viz. Sabha, Samiti and Vidhata. They had access to education and were even engaged in knowledge creation. They could choose to be brahmavadinis with or without matrimony.
Hence, there is no reason to believe that they were only confined to home and hearth. T. S. Rukmani attempts to understand if women had agency in early India. Her work has highlighted many interesting details. The author acknowledges the fact that though the patriarchal set up put women at a loss, there were instances where women found space to exercise their agency.
She points out that though the texts like the Kalpasutras (Srautasutras, Dharmasutras and Grhasutras) revolved around the ideology of Dharma and there was not much space to express alternative ideas, still these works also find some leeway to express ideas reflecting changed conditions.
For example, there is a statement in the Apastamba Dharmasutra that one should follow what women say in the funeral samskaras. Stephanie Jamison believes that in hospitality and exchange relations, women played an important role. She says that the approval of the wife was important in the successful completion of the soma sacrifice. In another study it has been shown that women enjoyed agency in deciding what was given in a sacrifice, bhiksha to a sanyasin. The men had no authority in telling her what to do in these circumstances.
Vedic society was the one which valued marriage immensely. In such contexts, Gender Perspectives if a woman chose not to marry, then it would point to her exercising choice in her decision to go against the grain and remain unmarried.
Mention may be made of Gargi. She was a composer of hymns and has been called a brahmavadini. This term applies to a woman who was a composer of hymns and chose to remain unmarried, devoting herself to the pursuit of learning.
Similarly, in the case of Maitreyi, she consciously opts to be educated in the Upanishadic lore and Yajnavalkya does not dissuade her from exercising her choice.
The statement in the Rigveda that learned daughters should marry learned bridegrooms indicates that women had a say in marriage. Though male offspring is desired, there is a mantra in the Rigveda, recitation of which ensures the birth of a learned daughter.
Altekar refers to the yajnas like seethayagna, rudrayajna etc. that were to be performed exclusively by women. Some of the women were known for their exceptional calibre, for example, from the Rigveda Samhita we find mention of women like Apala, Ghosha, Lopamudra, Gargi, Maitreyi, Shachi, Vishwavara Atri, Sulabha and others.
Women have not only been praised as independent individuals but also with reference to their contributions towards their natal or marital families.
The Later Vedic literature shows the progression towards a State society with a change in the organization of the society and polity. The chief comes to be referred to as bhupati instead of gopati. However, within the twelve important positions (ratnis) mentioned, the chief queen retains a special position under the title mahisi.
The importance of the chief queen continued as gleaned from several references to them in the Epics, Arthashastra and even in coins and epigraphs from early historical times.
The other Samhitas also refer to women sages such as Rishikas. The wife is referred to as sahadharmini. Brahmanas or the texts dealing with the performance of the yajna (Vedic ritual), requires a man to be accompanied by his wife to be able to carry out rituals.
For example, Aitareya Brahmana looks upon the wife as essential to spiritual wholesomeness of the husband. However, there is a mention of some problematic institutions as well.
Uma Chakravarti has pointed towards the condition of Vedic Dasis (female servant/slave) who are referred to in numerous instances. They were the objects of dana (donation/gift) and dakshina (fee).
It is generally believed that from the post Vedic period the condition of the women steadily deteriorated. However, Panini’s Ashtadhyayi and subsequent grammatical literature speak highly of women acharyas and Upadhyayas.
Thus, the memory and practice of a brahmavadini continued even after the Vedic period. The Ramayana, Mahabharata and even the Puranas keep the memory of brhamavadini alive.
Mention may be made of Anasuya, Kunti, Damyanti, Draupadi, Gandhari, Rukmini who continued to fire the imagination of the poets. Texts show that the daughter of Kuni-garga refused marriage because she did not find anyone worthy of her.
The Epics also mention women whose opinions were sought in major events. For example, after the thirteen years of exile, while debating upon the future course of action regarding the restoration of their share, the Pandavas along with Krshna asks Draupadi for her views. Similarly, when Krishna goes to the Kaurava’s court to plead the case of Pandavas, Gandhari is called upon to persuade her sons to listen to reason.
Since a woman taking sanyasa was an act of transgression, one can explore women’s agency through such instances. In the Ramayana, Sabari, who was the disciple of Sage Matanga, and whose hermitage was on the banks of river Pampa was one such sanyasin.
Such women find mention in Smriti literature and Arthashashtra. Kautilya’s prohibition against initiating women into Sanyasa can make sense only if women were being initiated into sanyasa. He advises the king to employ female parivrajakas as spies.
Megasthenes mentions women who accompanied their husbands to the forest, probably referring to the Vanaprastha stage. Another category of literature called Shastras that comprises of sutras (aphorisms) and the smriti texts (‘that which is remembered’) becomes important in the postVedic period.
These textual traditions cover many subjects relating to the four kinds of pursuits of life referred to as purusharthas (namely dharma, karma, kama and moksha). In all these texts we find very liberal values and freedom for both women and men.
The setting up of a household is seen as an ideal for men as well as women (though asceticism for learning is equally praised for both). For example, Apastambha Sutra opines that rituals carried out by an unmarried man do not please the devatas (divinities). Similarly, Manusmriti provides that ‘for three years shall a girl wait after the onset of her puberty; after that time, she may find for herself a husband of equal status. If a woman who has not been given in marriage finds a husband on her own, she does not incur any sin, and neither does the man she finds’
Thus, we see that women enjoyed choice in matters of matrimony. It is interesting to note that unmarried daughters were to be provided for by the father. In fact, daughter is stated to be the object of utmost affection. Should a girl lose her parents, her economic interests were well looked after. It was provided that from their shares, ‘the brothers shall give individually to the unmarried girls, one-quarter from the share of each. Those unwilling to give will become outcastes’
With regards to defining contemporary attitude towards women, Apastambha Sutra prescribed that ‘All must make a way for a woman when she is treading a path.’ Later Dharmashastra also makes similar statements.
Yagnavalkyasmriti mentions that ‘women are the embodiment of all divine virtues on earth.’ However, there are several provisions that look problematic.
On one hand, we have reverence assigned to the feminine (divine and worldly) and important roles being played by them, on the other hand we have questionable provisions and descriptions like right to chastise them through beating or discarding.
The post-Vedic phase from 6th century BCE onwards is also rich in literary traditions with ample depictions of women. Interestingly, we have an entire body of literature that is ascribed totally to women who became Buddhist nuns. These are referred to as Therigathas i.e. the Songs of the Elder Bhikkhunis (Buddhist Women who joined the Sangha).
The Arthashastra Gender Perspectives gives us information on women who were engaged in economic activities of various kinds. They formed a part of both the skilled and the unskilled workforce. They were into professional as well as non-professional employment.
Some of their vocations were related to their gender, while the others were not. There were female state employees as well as independent working women. Similarly, some of them were engaged in activities which though not dependent on their biological constitution are nonetheless categorized as women’s domain, e.g. domestic services etc. Some of them were actual state employees, while some others were in contractual relations with the State. For example, we have female bodyguards and spies in the State employment.
Jaiswal suggests that these women perhaps came from Bhila or Kirata tribe. Female spies were not only to gather information and relay it to proper source, but also to carry out assassinations. However, a closer look at the text shows that there were different classes of female spies engaged for different purposes. Amongst others ‘women skilled in arts were to be employed as spies living inside their houses’. Others were required to work as assassins. Some were to the play the roles of young and beautiful widows to tempt the lust of greedy enemy.
We also have various Buddhist and Jaina traditions giving us some glimpses of the ideas and institutions of the times. Apart from the orthodox (Vedic and Brahmanic) and heterodox normative tradition we have many popular texts like the Epics in Sanskrit and Jatakas in Pali.
Even Prakrit language has many interesting narratives and poetic texts. The Therigatha by the Buddhist nuns are an interesting literary source that provides us with a glimpse of various women who attained arhantship or similar other stages of Realisation.
The deliberation on the age and deterioration of the body by Ambapali, the non-importance of sensual or bodily pleasures by Nanda, Vimla and Shubha etc points towards the intellectual and spiritual engagements and attainments of women.
It is interesting to note that an absolutely contrary picture is presented by the Jatakas wherein more often than not, women are depicted as evil. It is important to note that women were given an evil aura mostly in their roles as wives or beloveds.
Both the texts and the archaeological remains have been studied by various scholars and opposing interpretations are not rare. For example, on one side Sita (from Ramayana) and Draupadi (from Mahabharata) have been seen as victims of the patriarchal order; on the other hand, they are also represented as selfwilled women.
Draupadi after the game of dice presents herself as a forceful and articulate woman. It’s her wit that saves her husbands from becoming slaves of the Kauravas. Her incensed outrage at the attack on her modesty, her bitter lamentations to Krishna, her furious tirade against Yudhishthira for his seeming inability to defend her honour and many more such instances show her to be an aggressive woman. This persona is juxtaposed to her representations as an ideal wife elsewhere. However, Draupadi is never idealised as a perfect wife who endures the most severe trials without complaint. This honour is reserved for Sita in the Ramayana. She is also presented as a victim like Draupadi and voices her concern at her fate openly. However, her aggression is directed inwards as indicated by her action against the self which culminate in her union with the mother Earth.
Are the limited number of hymns ascribed to the Vedic women a signifier of their general status? Are the goddesses merely representational with no connection to the ideas and behaviour towards women? Did only princesses choose their spouses? Are the warrior women an exception? Such searching questions need to be addressed with due diligence.
While women studies are a good development there is a need to expand the horizons to include other varieties of human existence. We have narratives of fluid sexuality in various texts. The one year of Arjuna’s life spent as Brihallana and rebirth of Amba as Shikhandi are some interesting instances. The artefacts found at the site of Sheri Khan Tarakai include visibly hermaphroditic figurines. There is a need to understand the notions of the feminine, masculine, neuter, and other forms of gender and sexual identities. These will have ramifications for understanding the ideas of conjugality, family, community, society and even polity and spirituality.
CONCLUSION
Human civilisations were built by men as well as women, however, history writing has a huge male-bias. Women were confined to questions of status and position that were largely evaluated in terms of their roles in the domestic sphere.
Their treatment as wives and widows became a central focus of most research alongside their place in ritual or religious context. This made them peripheral to mainstream history. This was questioned by various scholars from time to time and led to the development of gendered understanding of history. Focusing attention on women’s history helps to rectify the method which sees women as a monolithic homogeneous category. Writing gender history has helped in building an image of the past that is wholesome and nuanced.