How ‘Manusmriti’ backs birth-based caste and gender discrimination? Amar Bharat LAW AT A GLANCE Sat, Nov 14, 2020, at ,09:25 AM How ‘Manusmriti’ backs birth-based caste and gender discrimination? By Amar Bharat Before we learn about the topic under discussion, we shall understand what ‘Manusmriti’ is? Surely, most of us understand it as a book with chapter and verses resembling a form of life prevalent in ancient India. However, I deny to accept it mere as a form of book because when we talk about Manusmriti, we talk of philosophy of India. The philosophy on the internal affairs of family, the philosophy of social structuring, the philosophy of economical regulation of society. It is embedded with the society in such a form that we may not be able to separate it and see the Indian society any further. Thus, I deny to agree and accept it merely as a kind of book but as a philosophy of Indian society. The fact is undisputed that we in India follow patriarchal form of structuring of family which is also a mainstream philosophy in Manusmriti. Though I deny to accept that it is because of Manusmriti that we are following such an order of society. The patriarchal form of society, caste-based system, the hierarchy in India sub-continent is so tangled that it seems unimaginable to think and justify any other form of society. Manusmriti depicts exactly the same. It has often been misunderstood that it is because of Manusmriti, we are divided into caste, and have been discriminating to women. No. It’s other way around. It is because of society, the structure that have been working in Indian sub-continent that the Manusmriti was written, re-written, translated, analyzed, quoted and unquoted. Further, it is evident from the intent behind the words formulated into chapters and shlokas in Manusmriti that it backs birth-based discrimination both against caste and women. It has not been merely a discrimination but derogatory towards the position of women in society. Also, there has been misunderstanding I shall focus upon. It is about Varna and Caste system. It has often been differentiated however they are all the same. Varna is a bigger circle and caste formed under the varna system. If you say Manusmriti differentiate based on varna and not the caste, wait, think about it. Have you ever seen Dalit in Brahmans? No. Because Varna is a bigger circle under which caste are formed. Manusmriti has differentiated based on Varna and thus has made differentiation based on caste. Remember, if you believe in Karmas, re-birth, don’t dare to forget that you could be a woman in your next birth. So better to fight for them now. And, if you don’t believe in Karmas and re-birth, you don’t have to worry about it, because you are non-believer of Manusmriti and Geeta as well. Below are the evidences from Manusmriti itself of not only being discriminatory but derogatory against any other caste but Brahamans and any other gender but Male. We may nicely conclude that the benefactory of Manusmriti system are Brahmans in particular and Male in general. It’s is extremely unfortunate that Manusmriti demands female to form no opinion of their own. (While reading the Chapters and Verses you may google it, or have a hard copy of Manusmriti translated from guanine source and not the foreign writer.) Chapter 1 Verse 31 “But for the sake of the prosperity of the worlds he caused the Brahmana, the Kshatriya, the Vaisya, and the Sudra to proceed from his mouth, his arms, his thighs, and his feet.” Undisputedly, it was clearly mentioned that Brahmans are created from mouth of Lord, Kashatriya from his arms, Vaisya from his thighs and Sudras from his feet. These lines quoted above shall be read ironically otherwise it would be out of reason to beget a person out of a body part such as mouth, arms, thigh, feet but not Uterus of female. So, understanding it that way and connecting it with logic, we can smartly assume that Mouth which connects with brain is one the most important part of the body, which further concludes in Verses 88. Chapter 1 Verse 88 “To Brahmanas he assigned teaching and studying (the Veda), sacrificing for their own benefit and for others, giving and accepting (of alms).” Verse 89 “The Kshatriya he commanded to protect the people, to bestow gifts, to fir sacrifices, to study (the Veda), and to abstain from attaching himself to sensual pleasures;” Verse 90 “The Vaisya to tend cattle, to bestow gifts, to fir sacrifices, to study (the Veda), to trade, to lend money, and to cultivate land.” Verse 91 “One occupation only the lord prescribed to the Sudra, to serve meekly even these (other) three castes.” The above quoted verses from Chapter 1 of Manusmriti clearly depicts division of caste clearly not based on merit. They are based on the form of their origin from body part of Lord. To quote this, I would like to quoted Chapter 1 Verse 92 and 93, which reads as under; “The purest part is the mouth and Brahman is created from the mouth so the Brahman is the lord of the whole creation…..the Self existent (Svayambhu) has declared the purest (part) of him (to be) his mouth.” & “As the Brahmana sprang from (Brahman's) mouth, as he was the first-born, and as he possesses the Veda, he is by right the lord of this whole creation.” Since, it has been clearly mentioned in Manusmriti itself that only Brahmans are a complete form of creation of Lord and none other, it is quite evident that the one who was born in any other caste than Brahmans are not a complete creation and thus the hierarchy was created. Feet being that part of the body which has to meet dust, the one created out of that part of the body, fell below in the hierarchy. And, thus, a hypothetical hierarchy was created amongst human possess same soul. It didn’t stop here. It went on describing and ruling on what name one could choose for their son and daughter. Chapter 2, Verse 31 & 32 “Let (the first part of) a Brahmana's name (denote something) auspicious, a Kshatriya's be connected with power, and a Vaisya's with wealth, but a Sudra's (express something) contemptible.” & “(The second part of) a Brahmana's (name) shall be (a word) implying happiness, of a Kshatriya's (a word) implying protection, of a Vaisya's (a term) expressive of thriving, and of a Sudra's (an expression) denoting service.” The above quoted lines from Manusmriti clearly resembles that there are a undisputed intention to follow the hierarchy and the fear of it being broken otherwise which civilization decides on what name a individual could choose. However, Verse 10.65 of Manusmriti says as under; “The Śūdra attains the position of the Brāhmaṇa and the Brāhmaṇa sinks to the position of the Śūdra; the same should be understood to be the case with the offspring of the Kṣatriya or of the vaiśya.” Further in Verse 2.172 of Manusmriti one may find as under; “He should not pronounce Vedic texts, apart from the Svadhā-offering; because so long as he is not born in the Veda, he is equal to a śūdra.” The above-quoted text may seems difficult to understand. It reads, “He who has not been initiated with teaching of the Vedas is Sudra.” Again, read chapter 1 verse 91, 90, 89. You will clearly understand that even in its most liberal form, Manusmriti says that one who reads veda is Brahmans, and Sudras are strictly prohibited from reading vedas. So, in order to write it in a clear line that one who is born Sudras will be Sudras, because people may directly go against it, tear it and throw it out, it says diplomatically that if you are born Sudras, you cannot be a Brahman. Though you can be a Brahman if you can read Veda, but your work is to be in service of above three Vernas and thus, you won’t be able to read Veda ever. Thus, you won’t be a Brahman ever. And, that is how Bhramans are protected from being Sudras. Chapter 8, Verse 21 & 22 “When a Sudra interprets the Law for a king, his realm sinks like a cow in mud… the entire realm, stricken with famine and pestilence, quickly perishes when it is teeming with Sudras, overrun by infidels and devoid of twice-born people.” Chapter 8, Verse 410 “A king should make Sudras engage in the service of twice-born people” Chapter 8 Verse 128 “Even a capable Sudra must not accumulate wealth; for when a Sudra becomes wealthy, he harasses Brahmins.” Chapter 413 & 414 “the Sudra was created by the self-created one solely to do slave labour for the Brahmin. Even when he is released by his master, a Sudra is not freed from his slave status for that is innate in him; and who can remove it from him?” But that’s not it. A lot of work on put on women to protect Varnas and the caste system. Verse 5.148 and 5.154 reads as under; “She should be always cheerful and alert in household-work; she should have the utensils well-cleaned and in spending she should be close-fisted.” & “The good wife, desirous of reaching her husband’s regions, should never do anything that m ay be disagreeable to her husband, alive or dead.” Chapter 8, Verse 416 “Wife, son and slave – all these three, tradition tells us, are without property. Whatever they may earn becomes the property of the man to whom they belong.” Chapter 3, Verse 12 & 13 “At first marriage, a woman of equal class is recommended for twice-born men; but for those who proceed further through lust, these are, in order, the preferable women. A Sudra may take only a Sudra woman as wife; a Vaisya, the latter and a woman of his own class; a Kshatriya, the latter two and a woman of his own class; and a Brahmin, the latter three and a woman of his own class.” If these direct quoted lines from Manusmriti doesn’t shakes your heart out, if it doesn’t force you to rethink it’s position, I’m sure you are not a follower of Hinduism and thus, God help you my friend, I can’t. Amar Bharat, Author is author of 3 bestselling book in law. His view is personal and Into Legal World is not responsible for the content of author.