chap28 chapter_27.html chapter_28.html chapter_29.html Mirror of Tamiḻ and Sanskrit R. Nagaswamy 28. ON ARRESTING WOMEN
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Arresting persons who commit crimes, for inquiry and imposing punishment is an essential function of the king. But there are also certain restrictions imposed on arrests. In this connection, an epigraph dated 1010 C.E., from Tamiḻnāṭu would be read with interest. The inscription, in Tamiḻ, dated in the 25th regnal year of the Cōḻa king Rāja Kēsarivarmaṉ (Rājarāja Cōḻa I) is found on a pillar in the maṇḍapa in front of the Varadarāja Perumāḷ temple, in Kāvēripākkam village, Arakōṇam tāluk, North Arcot district. The inscription was copied by the Government Epigraphist - ARE 400/1905, in published by the South Indian Inscription Volume 13. No. 312. A brief introduction by the editor reads - “This is probably an inscription of Rājarāja I. It records some regulations, banning the service of women (for conducting the festivals in the temple) as decided by the mahaāsabha of Kāvidipākkam alias Avaninārāyaṇa-caturvedi-maṅgalam in Paduvūrkōṭṭam on an order received by them from the king through Venbaik-kuḍi-nāṭṭu-vēlar. ‘Avaninārāyaṇa’ is known to have been a biruda of Pallava Nandivarmaṉ III. We learn that the assumbly comprised the committees ūrvariyam, udasīnavāriyam, ērivāriyam, kaḻanivāriyam, the bhaṭṭas and visiṣṭas of to village”. The inscription is of far greater significance than mentioned by the editor. The inscription may be divided into six parts as follows: A translation of the inscription is given below followed by a discussion on the salient features of the record. From the above, it is clear that the inscription is a bar intended to place some restriction on arrests on some specific days, in a month. The main purport of the inscription is: The great assembly (mahāsabhā) met in the Kāmakōṭṭam of the village is an important point that deserves attention. Kāmakōṭṭam is a term used for the temple of goddess Pārvati. In many inscriptions of the Cōḻas, the shrine of the Goddess in Śiva temples is called Kāmakōṭṭam. In some instances, the temple of the goddess also was located outside the Śiva temple complex as in the case of Kāmākṣi at Kāñchipuram. In the worship of the goddess, Kāmākṣi also known as Lalitā Tripurasundari and Rājarājēśvari, the three days mentioned in the inscription were obviously hold sacred. In Tantric worship, the Pourṇima, (uvā in Tamiḻ) is the most important Pūja and occupies a very great place and is well known. So, also the first day of the bright fortnight is an important day for the worship of the goddess. In the Lalita Sahasranāma, the goddess is called pratipad mukhya pakantatinhi maṇḍala pūjita. According to Bhaskararāya, the famous commentator the word pratipat would denote Kāmēśvari. Pratipat means Prethama. Śaṅkarānti is a great auspicious day and is also well known. Thus, the three days Paurṇami, Prathama, and Śaṅkarānti are venerated days for the goddess, the supreme female principal. On these three days, the women are worshipped as the very incarnations of the goddess by the Hindus. Nothing should be done to hurt the feelings of women, especially on these days. The royal decision had two important implications (a) the feelings of women should not be hurt by arresting men on these days. As such, prohibition was imposed on serving any legal instruments of action on these days. (b) On other days if the male to be arrested was not found, the women folk of his family should not be taken to the village court and coerced. In all probability such a custom of taking women to the village court to compel the male member to give himself up was prevalent and the king prohibited this custom, by declaring such an action as a crime against the crown. Such a prohibition was imposed not only on the king’s government but also on the village assembly. So, the village assembly was also directed to pass such a resolution. It was precisely for this reason the village assembly met at the Kāmakōṭṭam of the village which obviously played a very important role in the life of the people of this village. It is interesting to note that Narada in his Dharma-śāstra, mentions such prohibitions on arrests: - I. 46. One arresting improperly is liable to the penalty. 47. One desirous of celebrating his nuptials, afflicted with an illness, about to perform a sacrifice, distressed, sued by another party, employed in the laing’s service, 48. Cowherds, while tending their cattle, husbandmen in the act of cultivation, artisans, engaged in trades, and soldiers engaged in warfare, 49. A minor, a messenger, one about to give alms or fulfill a vow, and one surrounded by difficulties, must not arrested by the adversary nor summoned by the king. The above citations from Nārada show that according to ancient Dharma-śāstra, imposing restrictions on the arrest of men, was well known. What the present inscription shows is the concern of the king for the protection of women and their feelings. It is an interesting example of Rājarāja Cōḻā’s judicial administration.
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