The Position of Women in Hindu Civilisation, from Prehistoric Times to the Present Day c7.s2.3

c7.s2.3

The Paiśācha form of marriage, which is the most condemned one, is undoubtedly of the greatest antiquity. In this marriage the bride is either duped, very often by making her overdrunk, or physically overpowered by the bridegroom in order to make her yield to his passion. Surprise has been expressed by several writers that force or fraud should thus have been legalised, and the bridegroom allowed to compel the unfortunate woman to live with him as his wife. This objection is based upon the ignorance of the simple fact that our Smṛitis preserve the relics of several prehistoric customs. They have included Paiśācha marriage in their list firstly, because old tradition knew of it, and secondly because it was sometimes resorted to by backward tribes. They wanted to stamp out this practice and have therefore mentioned it only for the purpose of its strong condemnation. There was a further reason for its legal recognition. From about the beginning of the Christian era society began to insist upon absolute virginity in the case of brides. Virgins, who had the misfortune of being criminally assaulted, had therefore hardly any chance of an honourable marriage with any other person. The only way in which law-writers could help them was by compelling the culprits to marry the parties they had wronged. This obviously is not a satisfactory arrangement, but no other alternative was available. A regard for the future prospects of the unfortunate virgin was thus a further reason for the mention of the Paiśācha marriage. Much against their wishes, Smṛiti writers were compelled to recognise it. It may, however, be added that two of the early Dharmaśāstra writers, Vasiśhṭha and Āpastamba, do not recognise Paiśācha marriage at all. They mention only three unapproved forms, Gāndharva, Rākshasa and Āsura. They seem to have subscribed to the modern view that a culprit should not be allowed to be benefited by his wrong.