MANUSMRITI AND GENDER JUSTICE: A CONSTITUTIONAL AND STATUTORY CRITIQUE OF SEXUAL DISCRIMINATION IN INDIA

 MANUSMRITI AND GENDER JUSTICE: A CONSTITUTIONAL AND STATUTORY CRITIQUE OF SEXUAL DISCRIMINATION IN INDIA

=========================================================================

By

 Advocate Salil Kumar

 Kozhikode

Ph : 8075113965

advocatesalil@gmail.com

ABSTRACT

The Manusmriti, one of the most cited ancient Hindu juridical texts, contains several verses that institutionalize gender hierarchy, denial of autonomy, economic dependency, sexual control, and exclusion of women from legal and spiritual equality. In stark contrast, the Constitution of India, along with modern statutory frameworks, guarantees absolute gender equality, dignity, and freedom from sexual discrimination. This article critically examines the conflict between Manusmriti-based patriarchy and the constitutional vision of gender justice, supported by statutory guarantees under criminal, civil, labour, and human rights laws.

I. MANUSMRITI AS A NORMATIVE PATRIARCHAL CODE

The Manusmriti functioned as a social regulatory text in ancient India. However, many of its verses deny equality to women as a class, not merely as individuals.

1. Denial of Female Autonomy

“In childhood a woman is under her father, in youth her husband, in old age her sons; she must never be independent.”

— Manusmriti 5.148

This verse institutionalizes lifelong legal incapacity, denying women decision-making power at any stage of life.

2. Denial of Education

“Women are not entitled to Vedic study or sacrificial rites.”

— Manusmriti 2.66

This forms the earliest formal exclusion of women from education, which modern constitutional law directly invalidates.

3. Moral Distrust of Women

“The nature of women is to seduce men.”

— Manusmriti 2.213

This verse lays the ideological foundation for rape myths, victim-blaming, and justification of surveillance of women.

4. Denial of Property Rights

“A wife, son and slave have no property; whatever they acquire belongs to the master.”

— Manusmriti 9.416

This destroyed women’s economic independence and formed the historical basis for inheritance discrimination.

5. Legal Disqualification of Women

“Women should not be witnesses in judicial proceedings.”

— Manusmriti 8.416

This judicially disenfranchises women from the justice system itself.

6. Widow Oppression

“A widow must lead a chaste, restrained, austere life.”

— Manusmriti 5.157

This legitimized social cruelties against widows, later corrected by reform legislation.

II. REPUDIATION BY CONSTITUTIONAL MORALITY

The Indian Constitution represents a complete moral and legal rejection of Manusmriti-based patriarchy.

Article 14 – Equality Before Law

Removes the legal basis of gender classification embedded in Manusmriti.

 Article 15(1) – Prohibition of Discrimination on Grounds of Sex

Makes any gender-based hierarchy unconstitutional.

 Article 15(3) – Protective Discrimination

Allows affirmative action for women as reversal of historical injustice.

 Article 16 – Equal Opportunity in Employment

Directly negates exclusion from education and professions.

 Article 21 – Right to Life and Personal Liberty

Includes bodily autonomy, reproductive rights, sexual privacy, and dignity.

 Article 23 – Prohibition of Forced Labour

Invalidates medieval servitude doctrines in domestic relations.

III. STATUTORY LAWS AGAINST SEXUAL DISCRIMINATION

1. Protection of Women from Domestic Violence Act, 2005

Sections 3, 18–23 protect women against:

Physical abuse

Emotional abuse

Economic abuse

Sexual abuse

Recognizes right to residence, dignity, and economic security.

2. Sexual Harassment of Women at Workplace Act, 2013

Section 3: Defines sexual harassment

Section 4–7: Internal Complaints Committee

Section 19: Employer liability

Converts constitutional equality into enforceable workplace rights.

3. Hindu Succession Act, 1956 (Amended 2005)

Section 6: Daughters as equal coparceners

Abolishes Manusmriti-based denial of inheritance.

4. Bharatiya Nyaya Sanhita, 2023

Replaces IPC and strengthens sexual offence jurisprudence:

Section 63 – Rape

Section 69 – Sexual exploitation

Section 74 – Voyeurism

Section 75 – Stalking

Section 76 – Sexual assault on authority imbalance

Recognizes consent as central — totally hostile to Manusmriti morality.

5. Equal Remuneration Act, 1976

Prohibits wage discrimination on sex.

Directly dismantles ancient notions of economic inferiority.

6. Maternity Benefit Act, 1961

Recognizes reproductive labour as legal labour with dignity.

IV. JUDICIAL REPUDIATION OF MANUSMRITI

 B. R. Ambedkar

Publicly burned Manusmriti in 1927 as a protest against caste and gender oppression.

 Supreme Court of India

Repeatedly held:

Constitutional morality overrides religious patriarchy

Gender equality is non-negotiable

Personal laws cannot violate Articles 14, 15 and 21

V. MANUSMRITI VS CONSTITUTION: CORE CONFLICT

Manusmriti Doctrine                                           Constitutional Position

Woman must be dependent                                   Woman is constitutionally autonomous

Woman has no property                                           Woman has equal inheritance

Woman cannot testify                                           Woman is equal legal witness

Widow must live in suffering                                    Widow has full dignity and remarriage rights

Woman is morally inferior                                    Woman is constitutionally equal

VI. INTERNATIONAL GENDER JUSTICE ALIGNMENT

India is signatory to:

1. CEDAW – Convention on Elimination of All Forms of Discrimination Against Women

2. Universal Declaration of Human Rights

3. ICCPR & ICESCR

The global human rights framework directly criminalizes Manusmriti-style gender discrimination.

VII. CONCLUSION

The Manusmriti represents a theological-era social control document, not a constitutional legal order. The Constitution of India, modern statutory law, and judicial doctrine collectively dismantle every pillar of gender inequality embedded in Manusmriti.