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Etymologically, the word 蝉迟谤墨诲丑补苍补 means women鈥檚 property. In the 厂尘峁泃颈蝉, the word indicates certain special kinds of property given to a woman on certain occasions, or at different stages of her life. The kind of property, which constitutes 蝉迟谤墨诲丑补苍补, shows an increase in extent and value in the process of gradual development of the recognised capacity of women for property, and probably that may be corresponded in a measure to the successive generations in which the texts have been framed. In the 惭补苍耻蝉尘峁泃颈, six kinds of property are enumerated as 蝉迟谤墨诲丑补苍补.

These are as follows-

1. what has been given before the nuptial fire (adhyagni),
2. what is given at a bridal procession (补诲丑测补惫腻丑补苍颈办补),
3. what is given as token of love (辫谤墨迟颈办补谤尘补),
4. what is received from a brother (产丑谤腻迟峁沺谤腻辫迟补),
5. what is received from mother (尘腻迟峁沺谤腻辫迟补),
6. and finally what is received from father (辫颈迟峁沺谤腻辫迟补).^[1]

驰腻箩帽补惫补濒办测补 seems to have defined 蝉迟谤墨诲丑补苍补 liberally. He states that what is given to a woman by father, mother, husband and brother, what is received by her at the time of wedding before the nuptial fire (adhyagni), also that, which is presented to gratify her by her husband on his marriage to another wife (腻诲丑颈惫别诲补苍颈办补), and the like are denominated as 蝉迟谤墨诲丑补苍补, so also what is given by kindred (bandhudatta), the gratuity or fee after the receipt of which a girl is given in marriage (艣耻濒办补) and what is bestowed subsequent to marriage (补苍惫腻诲丑别测补办补).^[2]

Commenting on the definition of 蝉迟谤墨诲丑补苍补, Vij帽膩ne艣vara elaborates that the word 腻诲测补 in the present context (膩dhivedanik腻诲测补) indicates property, which may be acquired or obtained by succession, purchase, partition, seizure and finding.^[3] Thus, it seems 驰腻箩帽补惫补濒办测补 has opened the scope to expand the proprietary capacity of woman widening the list of properties, which comes under the 蝉迟谤墨诲丑补苍补. 闯墨尘奴迟补惫腻丑补苍补 advocates woman鈥檚 authority to donate, sell or enjoy independently of her husband鈥檚 control over the 蝉迟谤墨诲丑补苍补.^[4] That, the women could enjoy dominion over her 蝉迟谤墨诲丑补苍补, can be assumed from the rule that the husband is not liable to return the 蝉迟谤墨诲丑补苍补 of his wife, if it is taken by him in famine, for performing religious duty, during illness, or while under restraint.^[5] Vij帽膩ne艣vara makes it clear that the husband is bound to return his wife鈥檚 蝉迟谤墨诲丑补苍补, if he uses the same under any other circumstances, excluding the above-mentioned contexts and except husband, no relation has any right to use a woman鈥檚 蝉迟谤墨诲丑补苍补 during her life time even in distress, disease, etc.^[6] Thus, on this property, no one, including husband, enjoy any legal right or claim and it is apportioned after the woman鈥檚 death in a different way among her heirs, which is described under chapter fifth of this work.

The nature of 蝉迟谤墨诲丑补苍, laid down in the 痴测补惫补丑腻谤腻诲丑测腻测补, may explain the unreasonable blame, raised by most of the people even today, regarding the practice of giving gifts to bride in ancient times that constitute her 蝉迟谤墨诲丑补苍补, as the root of evil practice of dowry in present day society. The common misconceptions seem to have arisen due to lack of knowledge, conception and meaning between the 蝉迟谤墨诲丑补苍补 and the practice of dowry. In case of 蝉迟谤墨诲丑补苍补, the gifts have been given as a token of love and affection from her parents or relatives, which may help her at the time of her need. It is the gift that the woman uses for her and for her children. It is important to notice that in-laws of the woman do not enjoy any claim or right over 蝉迟谤墨诲丑补苍补. It is in the form of a security, willingly offered, that exhibits a completely different nature from the social evil, called dowry of present day. Moreover, the daughters have been endowed to inherit 蝉迟谤墨诲丑补苍补, as a sort of equity only, because at that time, sons were allowed to exclude daughters in the inheritance of father鈥檚 wealth. As, at present, both the sons and daughters are entitled to get equal share legally, therefore, no logic arises to offer the dowry at the time of marriage to females. Thus, the proper understanding of the notion of 蝉迟谤墨诲丑补苍补, prevalent during the time of the 驰腻箩帽补惫补濒办测补sm峁泃i, suggests the power of woman over property.

It may be said that the Indian Hindu wife鈥檚 economic rights traditionally revolved around 厂迟谤墨诲丑补苍补. It is the first traditional proprietary right of the Hindu women, accepted by the Indian ancient Hindu society. Thus, it ensures a woman鈥檚 economic independence.

Gooroodas Bannerjee has rightly remarked,

鈥淣owhere were proprietary rights of women recognized so early as in India; and in very few ancient systems of law have these rights been so largely conceded as in our own鈥�.^[7]

Footnotes and references:

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[1]:

补诲丑测补驳苍测诲丑测腻惫腻丑补苍颈办补峁� 诲补迟迟补峁� ca 辫谤墨迟颈办补谤尘补ni/ bhr膩t峁沵膩t峁洷杈背籴箾p谤腻辫迟补峁� chadvidha峁� 蝉迟谤墨诲丑补苍补峁� sm峁泃a峁�// 惭补苍耻蝉尘峁泃颈, 9.194

[2]:

pit峁沵膩t峁沺atibhr膩t峁沝attam adhyagnyup膩gatam/ 膩dhivedanik腻诲测补峁� ca 蝉迟谤墨诲丑补苍补峁� parik墨rtitam// bandhu诲补迟迟补峁� tath膩 sulkam补苍惫腻诲丑别测补办补meva ca/ 驰腻箩帽补惫补濒办测补sm峁泃i, 2.143

[3]:

腻诲测补艣abdena rikthakrayasa峁僾ibh膩gaparigrah膩dhigamapr膩pta峁� etat蝉迟谤墨诲丑补苍补峁� manv膩dibhiruktam/ 惭颈迟腻办峁�a谤腻, Ibid.

[4]:

tadeva ca 蝉迟谤墨诲丑补苍补峁� yadbhart峁泃a岣� svatantre峁嘺 d膩navikrayabhog膩n kartumadhikaroti/ 顿腻测补产丑腻驳补, 4.1.18

[5]:

durbhik峁�e dharmak膩rye ca vy膩dhau sa峁僷ratirodhake/ 驳峁沨墨迟补峁� 蝉迟谤墨诲丑补苍补峁� bhart膩 na str墨yei d膩tunmarhati// 驰腻箩帽补惫补濒办测补sm峁泃i, 2.147

[6]:

prak膩r膩ntare峁嚹乸a harandady膩t/bhart峁泇yatirekena j墨vanty膩岣� striy膩 诲丑补苍补峁� ken膩pi d膩y膩dena na grah墨tavyam// 惭颈迟腻办峁�a谤腻,Ibid.

[7]:

cf., Banerjee, G., Hindu Law of Marriage and 厂迟谤墨诲丑补苍补, page370