Sexual Life in Ancient India: A Study in the Comparative History of Indian Culture v2.c20.40

v2.c20.40

As among the old Germans (*Grimm, Deutsche Rechtsaltertümer*, ed. Heusler and Hübner, Bd. i, p. 563), among the old Israelites (*Ztschr. d. Ver. f. Volksk.*, Bd., ii, p. 249), and among other peoples, the woman in Old India is a chattel, or anyhow a ward, in this also, that she cannot bear witness, and this because of her lack of truthfulness (*Nārada*, i, 190 f.; cp. Krauss, *Sitte u. Brauch d. Südslawen*, 514), or because of the unsteadiness of her mind (*Manu*, viii, 77). Still, this is true only as a general principle, and here a responsible personality is not denied to her so much as it is elsewhere. The Old Indian law, reminding us of the English jury : he that is equal in rank shall be witness for his equal, is applied also to her : Where women are concerned (strīshu), women may and shall appear before the court as witnesses. *Manu*, viii, 68; Vasishtha, xvi, 30. But does she who is on trial fare very well thus? Cp. Daçakum., p. 59, note 2.