‘Girls gave birth at 17, read Manusmriti’: What is this ancient text cited by Guj HC?

A Gujarat High Court judge invoked Manusmriti to support his remarks that girls used to get married at the age of 14-15 and give birth by the age of 17 in the past. The single-judge bench of Justice Samir JJ Dave made the comments orally on Thursday (8 June) while hearing the abortion plea of a minor rape survivor. “Because we are living in the 21st century, go and ask your mother or great-grandmother. They will tell you that in the past, 14 to 16 years was the normal age for girls to get married. By the time they [the girls] attain 17 years, they would deliver at least one child," he told the lawyer appearing for the 17-year-old girl’s father – the petitioner in the case. “Four or five months here and there doesn’t make a difference. You will not read it, but do read Manusmruti once for this,” Justice Dave said, as per Hindustan Times (HT).  Directing the medical superintendent of Rajkot Civil Hospital to form a panel of doctors to ascertain if abortion of the seven-month foetus was advisable, Justice Dave said it “would be very difficult” for the court to allow termination if both mother and child are found to be healthy, reported PTI. 

Girls used to get married by age of 14, deliver child before 17 years: Gujarat High Court invokes Manusmriti in pregnancy termination matter

Read more here: https://t.co/MIvA7btFHJ pic.twitter.com/fBNjUOGLbX

— Bar and Bench (@barandbench) June 9, 2023

This is not the first time that a judge in India has referred to Manusmriti while hearing cases. What is this book and how it continues to make headlines? We explain. What is the Manusmriti? Manusmriti, or the Laws of Manu, is an ancient legal text or ‘dharmashastra’ of Hinduism. This Sanskrit text, written in sloka verses, is believed to have been composed sometime between the 2nd Century BCE and 3rd Century CE, as per an Indian Express report. Famous mythologist Devdutt Pattanaik wrote for DailyO news outlet in 2017: “Manusmriti or Manava-dharmashastra, is a smriti (that which is recollected): the work of man, subject to change with time (kala), place (sthan) and participants (patra).”

Manusmriti is credited to Manu – the first human created by God according to Hindu mythology.

More from Explainers

Is Russia giving India more discount on oil after Trump tariffs? Why is New Zealand allowing golden visa holders to buy luxury homes?

Although some scholars have argued the text was created by several Brahmin scholars over a period of time, others say it is the work of a single individual. The text lays down a code of conduct covering myriad subjects, including duties of the several castes, the suitable “social and sexual relations of men and women of different castes”, tackling everyday adversities, and so on, noted Indian Express. [caption id=“attachment_12714902” align=“alignnone” width=“640”] Manusmriti, or the Laws of Manu, is an ancient legal text or ‘dharmashastra’ of Hinduism. Wikimedia Commons (Representational Image)[/caption] According to Wendy Doniger and Brian Smith, the authors of The Laws of Manu, Manusmriti is about dharma or duty, religion, law and practice. Moreover, it touches upon Arthashashtra by discussing issues such as statecraft, the report added. As per Indologist Patrick Olivelle, Manusmriti provides a “blueprint for a properly ordered society under the sovereignty of the king and the guidance of Brahmins.” According to Pattanaik’s article in DailyO, out of the nearly 2,500 verses in Mansmriti, over a thousand are for Brahmins, kings, statecraft and governance, just eight for vaishyas and two for shudras. As per Indian Express, Doniger and Smith say that “by the early centuries of the Common Era, Manu had become, and remained, the standard source of authority in the orthodox tradition for that centrepiece of Hinduism, varṇāśrama-dharma (social and religious duties tied to class and stage of life)”. When judges referred to Manusmriti The ancient text has been criticised widely for its treatment of Shudras and women. As The Wire noted, women were considered subordinate to men in all respects at the time. Thus, even today, a positive or negative reference to Manusmriti creates a stir in several quarters.   Last August, Delhi High Court judge Justice Prathiba M Singh courted controversy when she said that Indian women “are a blessed lot” since scriptures like Manusmriti have “always given a respectable position” to women, Bar and Bench reported. Taking objection to her remarks on Manusmriti, National Federation of Indian Women (NFIW) general secretary Annie Raja had said in a statement, as per PTI: “Her reading of the Manusmriti willfully chooses to ignore the institutionalised prescriptions of the absolute disciplining and punishing of women bodies and ideas. This is in addition to the despicable ascriptive norms of caste that is encoded in the said text”. While refusing to disqualify Viduthalai Chiruthaigal Katchi (VCK) leader Thol Thirumavalavan as member of Parliament (MP), the Madras High Court observed in November 2020 that Manusmriti is “not a statute book to be read only in a specific manner, adding that the ancient text can be interpreted differently, reported The Times of India (TOI). The politician had called for a ban on the ancient text, arguing it “demeans” women, Dalits, underprivileged and indigenous people. In the 2018 Sabarimala case, the Supreme Court pointed to Manusmriti, saying in these “ancient religious texts and customs, menstruating women have been considered as polluting the surroundings”. As per The Hindu, the apex court further noted that “practices which legitimise menstrual taboos, due to notions of ‘purity and pollution’, limit the ability of menstruating women to attain the freedom of movement, the right to education and the right of entry to places of worship and, eventually, their access to the public sphere”. With inputs from agencies Read all the  Latest News,  Trending News,  Cricket News,  Bollywood News, India News and  Entertainment News here. Follow us on  Facebook,  Twitter and  Instagram.