The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c14.s3.4

c14.s3.4

We have seen above that the Deccan was the pioneer in recognising women's rights of inheritance. She continues her lead even today, for the Bombay school recognises a larger number of female heirs than any other school of Hindu Law. It is the only school which gives the right of inheritance to the widows of the agnates (Gotraja Sapiṇḍas). It is interesting to note that even the *Mitāksharā* does not support their claim to inheritance¹. In Bombay Presidency, however, the right of the widows of agnates was recognised, mainly because local enquiry showed that it was actually conceded in practice. The courts were also influenced to some extent by a wrong translation of a passage in *Manusmṛiti* by Sir William Jones. He had translated the line in question as ‘To the nearest Sapiṇḍa, *male or female*, the inheritance next belongs.’ The italicised words are not in the original at all²; Sir William Jones had added them on the authority of Kullūka, who has explained the term Sapiṇḍa as *pumān strī vā*, ‘either male or female’. It will be seen from this incidence how adventitious circumstances connected with early translations have in some cases considerably affected the development of Hindu Law in modern times³.