Theory of Government in Ancient India (Post-Vedic) c8.42

c8.42

The honour of women formed one of the chief cares of the law as enunciated by Kautalya. Sexual intercourse with immature girls, even with their consent, was treated as criminal assault. The protection of this salutary provision was extended to the daughters of prostitutes as well.¹ On those who violated the chastity of their female slaves or servants, the law descended with a heavy hand. Besides, child-birth in such a slave-girl's case meant the emancipation of the mother as well as the infant.² All outrages on widows or other females should be severely dealt with. Where free and mature persons alone were concerned, a distinction was drawn between cases in which violence was used and marital rights were violated, and the rest. A deep social stigma attached to the cohabitation of young betrothed lovers before their marriage, but Kautalya refused to treat it as an offence. So, too, persons of equal, and, after a certain advanced stage of majority, even of unequal caste and rank, might risk their reputations by irregular unions, but did not come within the clutches of the law.³