INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433)

VOLUME I ISSUE IV (SEPTEMBER 2020)

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EDITORIAL TEAM

EDITORS Ms. Ezhiloviya S.P. Nalsar Passout

Ms. Priya Singh West National University of Juridical Science

Mr. Ritesh Kumar Nalsar Passout

Mrs. Pooja Kothari Practicing Advocate

Dr. Shweta Dhand Assistant Professor

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ABOUT US

INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISSN 2582-6433 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISSN 2582-6433 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines.

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THE HAUNTING STATE OF COURTESANS!!

AUTHORS: 1) Vidhula . V

4th Year, BBA.LLB (Hons)

VIT School of Law

Chennai

2) Paranthaman.K

4th Year Student, BBA.LLB(Hons)

VIT School of Law

Chennai

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ABSTRACT:

Prostitution or Concubine be it Surrogacy was not a sudden arose concept, turning to the past Pre was regarded to be the GOLDEN ERA for a WOMEN, which gave equal rights to women and men, The historical term COURTESAN which became more woman-centric in Medieval Period boomed during the Renaissance period, this is the period when WOMEN’s dignity was faded away. Male chauvinism suppressed women’s right and saw them as slaves who give them only pleasure. In spite of suppression, these women cracked the shell and started to rediscover themselves. This paper focuses on the growth of a culture which aged back to the Puranas - Courtesan by analysing different countries during Ancient, Medieval, Renaissance and the Modern period. Also how WOMEN gained their status of astonishment in the society

INTRODUCTION: Courtesan is one of the oldest and ancient profession of the world to be more precise it was practised since the birth of the organised society. With regard to , the and Puranas, known as the pilot literature has abounded references to cite the concept of Courtesan Culture. The exact meaning of a Courtesan is a person who is brought to the court of a monarch more specifically the term was derived from Courtier. As ages passed the term saw a transformation by becoming women-oriented; A courtesan is a glorified prostitute, a paramour to the royal1, high born and moneyed men of society and has the art of etiquette which means drawing attention of wealthy, stalwarts or other influential clients. Due to some specific reasons In Mauryan Dynasty, Kautilya the renown author of “Arthasasthra” wanted prostitution to be utilised by public exchequer. The word which meant prostitution witnessed during the which took place during the 15th to 18th century. King Jahangir's harem (a separate household in the muslim community reserved for wives, concubines and courtesans) had nearly 6,000 mistresses who were designated with authority, wealth and power. These women once ruled the nation with their seductive glances, now they

1 BLOGS SHU, http://blogs.shu.edu/ecww/project/veronica-ilg/ (last visited 7th Sep,2020)

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are mere sex workers ostracised and condemned by society. Predating even to the times of and Ramayana, courtesans have been an integral part of the Indian society2. Unfortunately, from ‘’ or ‘courtesans’ to ‘ girls’ to ‘prostitutes’, these women seem to have come a long way, battered down at each stage with might. Presently, it is abnormal to have the words ‘courtesan’ and ‘prostitute’ having used interchangeably. This is regarded as the greatest error that has been continuously done, the cause of this was the prestige of these women. The men pursuing these types of arts were appreciated as “Ustads” (Masters) while the women pursuing the same arts became “Nautch Girls” (Dancing Girls) from Courtesans, this was based on the gender inequality and gender biased records of the past. The current generations of erstwhile male court dancers proudly speak about their family lineage extolling the greatness of their forefathers as dancers in royal courts during when the women were shining. At the same time, the generations of women who were court dancers presently live with a sense of shame and never disclosing their lineage or any connection with erstwhile courts because they have faced humiliation.3 The modern usage of the term courtesans means a sugar baby (a person who supports the courtesans financially), concubine, mistress or prostitute. These Courtesans formed a great part during war times, there were several incidents were courtesans were sent to the enemy country to capture their kingdom. They saw a downfall during the British regime thus, this culture is fading away during the 21st century. These women with a memorising glances and look ruled over several nation, unfortunately now they are mere sex workers degraded by the society.

VEDIC PERIOD: Indian Mythology has many references of high-class courtesans in the form of celestial demigods, they were mainly entertainers, to name a few Rambhai, Menaka,

2 DESIBLITZ, https://www.desiblitz.com/content/rise-fall-indias-courtesans (last visited on 4th Sep.2020) 3 SUFI FOUNDATION, http://sufikathakfoundation.com/causes/respect-for-the-courtesan/ (last accessed on 4th Sep.2020)

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Thilothamma and Urvashi. Text like Rig Veda mentions a term called as Sadbarani, a women who offers entertainment or sex for payment. Mostly these women in Vedic period are seen wearing red coloured dresses and decked up with lots of jewellery. Rig Veda also mentions a part of courtesans to be prostitutes and illegitimate children. Vagabond priests and their female companion have been described in ‘‘Atharvana Veda’’ as sacred prostitutes. Nagarvadhus is a Devanagari term which means city bride (groom) who are actually courtesans. A women to win the title of a Nagarvadhu, was not a taboo as they have to fight over others with superiority. The most gorgeous and highly talented women in various dance forms were conferred with the title of the Nagarvadhu. The Nagarvadhu was given respect equivalent like a queen or Goddess; in fact she was a courtesan where people could watch her dance, perform various other arts and sing. A Nagarvadhu's honorarium for a night's performance was very high, by which she was only within the reach of the very rich like the king, the princes, and the lord. Famous Nagarvadhus as per scriptures are Amrapali, a state courtesan in a plot by Acharya Chatursen and Vasantasena, a state courtesan character who is the lover of an impoverished young Brahmin in the famous Mṛcchakatika, a Sanskrit drama written by Sudraka (This play was translated in English as The Little Clay Cart). There is another class of women who were regarded as The Apsaras these women are celestial minor goddesses who are an exemplary embodiment of beauty and feminine charms. They are masters in music and dance. These Apsaras only entertain the divinities in their court, for inference the court of Lord Indra. These Apsaras are sent to break severe penance undertaken by great saints. Once such instance which occurred in Ramayana, is where an Apsaras name Menaka was sent down by Lord Indra to break the penance of a most respected and revered Sage Vishwamithrar, and she became a prey to his curse. There is another story in Ramayana where a Sage named Rishyasringa son of Sage Vibhandaka to resolve a dire in a city called Anga, the King of Anga sent the mist charming courtesans of the city to bring Rishyasringa to his kingdom. Another citation from Ramayana is when Hanuman visited Ravana’s palace he saw many courtesans consuming liquor and lying in an awkward position around him. So it can be proved

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that courtesan culture for such an ancient concept, having incites from Mahabharatham too. It was very predominant during the reign of Pandavs and Kauravas. Having concubine is common among the aristocracy. In Mahabharatha courtesans of Indra Puri (the kingdom of Pandavas) have been vividly depicted under various series. There was a record of forty-two Apsaras and the stars among them are Urvashi, Menaka, Rambhai, Thilottamma and Ghritachee. There was an incident were Arjuna went to heaven to pay a visit to Lord Indra, who is his defacto father (Arjuna is the son born to Matha Kunti and Lord Indra). Lord Indra suspected salaciousness in Arjuna and requested Urvashi to entertain him for the night. The Pandavas spent their 13th year of Ajgnata Vasa in the Kingdom ruled by King Virata. King Virata after a victory sent messengers to his city and asked young girls and ganikas to welcome him when he returns from his victorious expedition. When Lord Krishna visited the courts of Kauravas he was greeted by courtesans. There were also incidents where the courtesans used to follow the army of the Kings. In the army of the Duryodhana, there were ganikas in huge numbers whereas in the army of Pandavas were accompanied by the Courtesans.4 In the Later Vedic period, Aryan rulers of India followed the system of celestial court and developed the system of guest prostitution. They presented well-accomplished maidens in token of friendship of kings. They were also offered as a ransom to the victor to part with his most beloved prostitute. Empires fell and came up for her sake. Another class of girls from infancy were carefully selected and fed on poisonous herbs and venomous foods. They were called Vishkanyas (Poisonous virgins)5.The kings to destroy their enemies utilised these courtesans to capture their kingdom with their showcases which made the opponent to be their slaves. This became vice versa in the Medieval Period

MEDIEVAL PERIOD AND BRITISH RULE: The concept of was originated during the end of the medieval period (16th

4 Umesh Kumar, Immoral Trafficking of Girls and Women in Ancient India, JSTOR (last visited on 5th Sep.2020), https://www.jstor.org/stable/44147828 5 Pallavi Thakur, Tradition of : The sacred Prostitute!, SPEAKING TREE.IN (last visited: 7th Sep,2020) https://www.speakingtree.in/allslides/prostitution-in-ancient-india

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century) and was regarded as an authority on etiquette. Courtesans were called as Tawaif particularly during the Mughal Era, they were highly sophisticated courtesans who catered only the aristocrats of the . These Tawaif excelled and contributed to music, dance and theatre performances. They were seen largely in North Indian Mughal Courts, the Tawaif had recognition with the weakening of the Mughal rule in the mid of the 18th century. They rose to prominence between the 18th and 19th centuries in the royal courts of Awadh (presently part of Uttar Pradesh) They sang,

danced and were the purveyors of all that was considered good taste and high fashion. They took Persian influences from the courts of Shia kings and married them with Indian forms, and from them, we inherit the Kathak and the and .6 Many girls were taken at a young age and trained in both performing arts as well as singing to the higher class people of the society. Once they are matured and become well versed with command over the training they were regarded as Tawaif, a high-class courtesan. They formed part of the retinue of kings and nawab who lived in comfort and luxury, to be associated with a tawaif was considered to be a symbol of status, wealth, sophistication and culture7. During the Mughal Era, society did not consider her to be a bad woman or an object of pity.” During these glorious days, the courtesans were at the centre of art and culture in India, they were as already stated were experts in both music and dance, these Tawaif enjoyed not only wealth but power, prestige, political access and were considered authorities on this culture. These courtesans also accompany the high-class to function in the place of the person’s wife. Certain practitioners, even if involved in practices otherwise considered immoral, could remain within the elite circle, while for others the ‘evil’ characteristics got emphasised. There were, within the class of women who prostituted themselves, courtesans trained in the skills of music and dancing and educated in the fine arts, who were treated more as embodiments of

6 , https://www.thehindu.com/society/history-and-culture/tawaifs-of-awadh-the-first- women-of-hindi- cinema/article29233983.ece (last visited on 7th Sep.2020) 7 QUARTZ, https://qz.com/india/1619758/how-tawaifs-the-mughal-era-courtesans-fought-for-indian- freedom/ (last visited 6th Sep,2020)

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culture.8 The class of courtesans clearly stood apart from the common prostitutes. Many courtesans made donations to the temples in the form of gold or land or any other form. In , courtesans shined in , there is a place in Kerala called Chokkur. Stone inscriptions there proved that there was the donation of land to the temple by one of the courtesans of King Kota Ravi’s court9. Courtesans there excelled in Manipravalam Kavya (means Ruby Coral) which was coined by the elite medieval of Kerala so it was regarded as the literature of the elite. It was evident from few literature that the kings and nobles were the chief parsons of these courtesans (heroines) who presented themselves in these kavyas. There were few notable saints who married courtesans. Theodora was a Byzantine empress, wife of the emperor Justinian I and the most powerful woman in the Byzantine History. She was a feminist and a courtesan. Theodora would become an actress, dancer, mime artist and comedian. She is highly intelligent and politically astute, she would use her influence to promote religious and social policies and significantly expanded the rights of women, she was known as the Golden Queen of the Byzantine Empire.10The Mughals were very fond of such intellectual yet attractive women. The story of ‘Anarkali’ and ‘Salim’ is surprisingly not fiction. Not only Salim, but was bedazzled by Moti Bai, Shah Jahan had Noor Begum, and there was Gauhar Jaan. Indian history is full of women who were 11 politically, intellectually, culturally involved in shaping history.

RENAISSANCES PERIOD: Courtesans was a professional mistress and they were also the people who gave companionship to wealthy noble or rulers as equivalent to the periods before. They

8 Shadab Bano, Women Performers and Prostitutes in Medieval India, SAGE JOURNALS, (last visited 3rd Sep.2020) https://journals.sagepub.com/doi/10.1177/025764301102700103 9 Sumathy, Social status of courtesans in Early medieval Kerala, JSTOR (last visited 3rd Sep.2020) https:// www.jstor.org/stable/44139359?read-now=1&seq=3#page_scan_tab_contents 10 Léonie, 10 facts about Theodora, HISTORY HIT, (last visited Sep 7,2020) https://www.historyhit.com/facts- about-theodora-byzantine-empress-courtesan-and-feminist/ 11 DESIBLITZ, https://www.desiblitz.com/content/rise-fall-indias-courtesans (last visited on 4th Sep.2020)

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were the prostitutes and dancers of the highest rank. This was originated in Europe and in Venice, all of them earned a fortune and made a living for themselves, they were also known as intellects as they even wrote poems and books. The travellers who travelled to Venice during the period of 15th 16th and 17th century never failed to see the number of courtesans that lived and worked in the city.12 The courtesans of Italy, especially Venice and Rome, were the flowers of the city. Visited almost exclusively by the men of the upper class, the courtesans had to project an image of sophistication and nobility. They held their own with the male nobility and were often admired and considered intellectual equals by these men13.The courtesan often dressed in a way that revealed cleavage and at sometimes their breasts were completely shown. The travellers who went there often thought that the courtesan were people of Venice. And some of them like Veronica and Tullia became known for their works in that. And the culture that was followed in Europe by them was so different when compared with the other countries. This gained a lot of attention towards them and other countries wanted to follow this culture. But life was not easy led by them because they were accused of witchcraft and were also arrested for breaking other laws. There is also an incident that took place in Venice that, an aristocrat got married to a courtesan and when they got married the people of Venice revolted against the women and threw her into jail. In Venice, there were two sets of courtesans. The first, cortigna onesta and the second is cortigna lume. The cortigna onesta is the courtesan who is coming from a lower class who lived and frequented is Rialto Bridge. The other class is that they were honest courtesan and they were mostly born in a merchant family they were raised as educated and well-cultured women. But mostly by the Venitian men, they were seen as women who provided entertainment to noblemen and merchants. Successful courtesans led a luxurious life filled with parties and salons. They moved into the influential areas and they also became very popular during this time. They had access to artist, poet,

12 KRISTIN GLEESON, http://www.kristingleeson.com/blog/the-venetian-courtesan-of-the-renaissance (last visited 6th Sep.2020) 13 STUDY BOSS, https://studyboss.com/essays/independent-women-courtesans-in-the-italian- renaissance.html (last visited 6th Sep.2020)

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politicians and the thinkers of the day. One of the most famous courtesans of all time is Vernica Franco who was in 1546 and her mother was Paloa Fracassa who was also a courtesan and her father was Francesco Franco who was a merchant. She also had three brothers who very aiding her during the cultural events, but they were only regarded as performers Franco became an honest courtesan in the late 1560s and soon she became famous by her intellect and culture entertainments throughout the world during the said 14 period.

MODERN PERIOD: Courtesans being able to express their sexual body and earn a generous amount of money meant that this was a problem for society in the early modern era and the notions of femininity. The courtesan is important because she has not been educated but uses her wit to resolve issues and does not wish to gain money but strives for the honour. The courtesan problematises the Early Modern notion about women alleged mental and physical inferiority in society and culture. She exploits the roles stereotypically given to

women, by shifting into different identities. Churchill Harriman who eventually became the United States ambassador to France began her training as a courtesan.15 The courtesan cleverly recognizes that gender is constructed by society, therefore she can adopt new personas to present herself as a desirable maid so that she can sell her virginity. This problematises stereotypical notions of femininity in the early modern period because she is using her intelligence to manipulate these stereotypes imposed on women by men and uses them to her advantages. An equally damaging outcome of new colonial laws was the marginalisation of courtesans’ voices and consequently the marginalisation of an entire cultural arena––one that was inherently a woman’s space. Under the British colonial laws that aimed at regulating and imposing ideals of Victorian sexual restraint, traditional courtesans, temple women or

14 Genevieve, What It Was Like To Be A High-End Sex Worker In The Renaissance, RANKER, https:// www.ranker.com/list/everyday-life-of-a-venetian-courtesan/genevieve-carlton (last visited 6th Sep.2020) 15 Christina, The modern courtesan, SALON, https://www.salon.com/2000/11/16/courtesan_2/ (last visited 7th Sep.2020)

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devadasis came under vapid attack in India. The slippage of the devadasi from a temple woman to a social outcast, the prostitute, was quick. Toeing the line of Victorian sexual morals the prostitute was meant to be invisible and anomalous to social and political life. The colonial regime introduced policies in India that furthered the disgrace of prostitution.16 From the colonial perspective, prostitutes threatened the sanctity of marriage and ideals of Victorian family through the practice of non-conjugal sex. Additionally, colonial medical practitioners saw her as the carrier of venereal diseases who provided sexual recreation to British soldiers.17 During the late 18th century a woman serving as a courtesan would last in that field only as long as she could prove herself useful to her companion, or companions. This, of course, excludes those who served as courtesans but who were already married into high society. When referring to those who made their service as a courtesan as their main source of income, success was based solely on financial management and longevity. Many climbed through the ranks of royalty, serving as mistress to lesser nobles first, eventually reaching the role of (unofficial) mistress to a king or prince. By the late 19th century, and for a brief period in the early 20th century, courtesans had reached a level of social acceptance in many circles and settings, often even to the extent of becoming a friend and confidant to the wife of their benefactor. Mujrewali or Kothewali became a generic term for prostitution. The thin line which existed in the previous periods between Learned courtesans and low sex workers vanished. Mujra became a trend where women were seen with uncanny resemblances with kathak The term “Kothewali” was clubbed together with a perception of a woman of the low character involved in entertainment and prostitution. It was seen that the British who condemned the practice of devadasis, this bifurcated to the princely states and kingdoms causing a huge loss of patronage to these courtesans. For many unsaid reasons the courtesans, were called as notching girls.

16 EDUBLOGS, http://blogs.brighton.ac.uk/ll516izzygoddard/introduction/to-what-extent-is-the- tempest-an- intervention-in-colonial-discourse-and-the-representation-of-the-racial-other/exploration-of- ophelia-as-the-other-in- william-shakespeares-hamlet/to-what-extent-do-early-modern-courtesan-in- fiction-and-art-problematise- stereotypical-notions-of-femininity/ (last visited 7th Sep.2020) 17 Sudipa, Chronicles from the margins: emotions, sexuality and courtesans in early modern India, HUMANITIES AND SOCIAL STUDIES, https://www.ajouronline.com/index.php/AJHSS/article/view/4599 (last visited 7th Sep.2020)

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These girls were forced to become mere sex workers because they needed income to feed themselves and their fellow family members. Since there was a downfall in their income, they started catering to the rich and poor simultaneously. Their expertise in art and culture became significantly reduced to mere sexual acts and whatever culture existed with the coincidence of singing and dancing remained came under the canopy of the term Mujra. The courtesans performed mujra18 for the soldiers and other British men.

CONCLUSION: Courtesans may have evolved as entertainment for kings, but they were far from being just objects of desire for men. Courtesans were once the pride of the particular kingdom and shined among the men of class. Just like a swirl, they vanished nowhere and are hard to find as of now. The era of British is rightly called the dark ages for these heavenly workers as these women were denied the rights and were considered only to be property of the men and not giving a mere equivalent status of human. In a modern Courtesan letter, she expressed how men was only thinking about the dress they wore, chipped nail polish, and unkempt hair and they waited in their beds for hours but none understood their feeling. ]Following this suppression, there came a ray of hope which acted as a renaissance for these courtesans. These women who became sex workers were given opportunities to work in the film and music industry. Few of them shined in this field of cinema; Rukmini Devi, Menaka are examples. The shining purest precious

stone, courtesans has vanished but the culture of music and dance forms that they have thought are found in few places which have to be preserved. These courtesan women are the idol of sacrifice and the world must recognise them.

18 DESIBLITZ, https://www.desiblitz.com/content/rise-fall-indias-courtesans (last visited on 4th Sep.2020)

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