Copyright by Manomohini Dutta 2016
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Copyright by Manomohini Dutta 2016 The Dissertation Committee for Manomohini Dutta Certifies that this is the approved version of the following dissertation: Inheritance, Property and Women in the Committee: Donald R. Davis Jr., Supervisor Patrick Olivelle, Co-Supervisor Cynthia Talbot Oliver Freiberger Joel Brereton Inheritance, Property and Women in the by Manomohini Dutta, M.A.; M.Phil. Dissertation Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy The University of Texas at Austin May 2016 For Tirtha Acknowledgements It may seem that this dissertation is an outcome of my efforts alone. But in reality, it is a product of the scholarly expertise, kindness and generosity that I have received from many people and institutions during the course of my doctoral studies. It is a genuine pleasure for me to express my deepest gratitude to my advisors and mentors, Dr. Patrick Olivelle and Dr. Donald Davis. Their relentless efforts, scholarly advice, intellectual and emotional support were pivotal to the successful completion of this dissertation. From my first day at UT Austin, I was fortunate enough to receive encouragement, guidance and support fr interest in my study of Sanskrit legal texts. It was during these interactions that he introduced me to the , which serves as the main text for this doctoral work. It was an added privilege when Dr. Davis joined UT in 2013. His profound scholarship in classical legal studies and his constant encouragement kept this research going. Regular discussions with him greatly improved the clarity of my arguments. It would not have been possible for me to complete this work without Dr. Davis's guidance and support. It has been a privilege to be their student. The errors in this work, however, are solely my responsibility. I express my heartfelt appreciation to my dissertation committee, Dr. Joel Brereton, Dr. Oliver Freiberger and Dr. Cynthia Talbot. Their useful suggestions and guidance at various stages enormously helped me situate this work in a broader perspective. My interactions with Dr. Talbot helped me learn a lot about epigraphical studies. I would also like to convey my deepest appreciation to Dr. Martha Selby and Dr. Edeltraud Harzer for providing invaluable support during my graduate studies. v I extend my sincere thanks to my teachers in Jawaharlal Nehru University and in Presidency College, Dr. Kunal Chakrabarti, Dr. Ranabir Chakravarti, Dr. Kumkum Roy, Dr. Heeraman Tiwari, Dr. Subhas Chakraborty and Dr. Rajat Kanta Ray, who shaped my academic foundations in Indian history. Dr. Kunal Chakrabarti, in particular, always was, and continues to be supportive of my work. I thank Dr. Soma Basu who was happy to accommodate me in her busy schedule during the summers of 2012 and 2013 to read Sanskrit literature. During the course of my graduate studies, I received unparalleled financial and administrative support from the Department of Asian Studies, the Department of Philosophy, the South Asia Institute, the College of Liberal Arts and the Graduate School at UT Austin. I gratefully acknowledge the financial support that I received from the Taraknath Das Foundation (South Asia Institute, Columbia University). I appreciate the helpfulness and affection of the administrative staff in the Department of Asian Studies. Abby Black, Jeannie Cortez were always willing to help and offered their expertise to address any administrative issues that could potentially hinder the progress of my work. I would like to convey a special thanks to Jennifer Tipton, who always was kind, supportive, understanding, and efficaciously helpful to me ever since I was admitted to UT. I also thank the staff of - (UT), Tarlton Law Library (UT), Sanskrit College (Kolkata), National Library of India (Kolkata), Indian Museum (Kolkata) and the Asiatic Society (Kolkata) for their assistance with the materials for this research. Though faraway, my friends and family always provided their continued love and support. My grandmother, who unfortunately passed away before the completion of this dissertation, was the first independent woman I knew. She was, and remains a source of strength for me. My parents gave me, among many, two invaluable gifts during my vi childhood. In her ingenious way, my mother instilled the value of education in me, while my father taught me to believe in myself. My little sister, from the day she was born has been a huge source of joy for me. She has always rendered support to the best of her ability, even in the most difficult circumstances. I express my gratitude to all of them. My dearest friend and husband, Tirthatanmoy Das, helped me during a few crucial stages of my academic career. Despite our different disciplinary backgrounds, I was able to discuss my semi-formed ideas with him. His reactions coming from an entirely different academic point of view were useful, and helped me broaden my perspective. This long journey surely would not have been possible without his love and unfaltering support. vii Inheritance, Property and Women in the Manomohini Dutta, Ph.D. The University of Texas at Austin, 2016 Supervisors: Donald R. Davis Jr. and Patrick Olivelle The largely accepted position on women in the is that women are non-heirs—they are legally dependent on men in their respective roles as daughters, wives or mothers. While there exist studies on inheritance and property in Hindu Law, modern scholars have paid insufficient attention to women's rights to property in the during the succession process, possibly due to women. My study attempts to fill in this gap. In this dissertation, I examine the conceptual position of women in regard to inheritance and property in an influential treatise—the composed by Jī ū . The is a specialized work on inheritance from medieval Bengal dated approximately to the 12th century CE. I analyze the closely as a historical text belonging to the genre. I seek to explain three key legal concepts that Jī ū , g g how his unique interpretations have a positive effect on women's rights to inheritance and property, at least in theory, within the . In chapter two, I investigate Jī ū g (inheritance) and show how viii Jī ū has the potential to liberate women from tight inher , Jī ū (women's property) in terms of legal rights, which gives the power of alienation to women, and thus is reflective of women's "agency" in the , Jī ū 's concept of (spiritual benefit) to the deceased, where he extends beyond the (ancestral rites usually offered by male relatives) arguing that women too may provide up , and uses it as a justification for women, especially widows, to legally claim their deceased husband's property. This study builds on and contributes to the paradigm of historical- textual studies on women. The chapters in this dissertation explore g g Jī ū 's . ix Table of Contents List of Abbreviations ........................................................................................... .xii Chapter 1: Introduction ............................................................................................1 1.1: Women, Property and Inheritance ...........................................................1 1.1.1: Inherit ...................................2 ..............................................................7 1.1.3: Methods .....................................................................................11 1.2: Sources ...................................................................................................13 1.2.1: ............................................................................13 1.2.2: Jī ū ......................................................19 1.3: Outline of the Study ..............................................................................28 1.3.1: Purpose of the study ..................................................................28 1.3.2: Chapter Outlines .......................................................................28 Chapter 2: D : Inheritance or Gift? ...................................................................31 2.1: Gifts and Inheritance in Modern Societies.............................................32 2.1.1: The General Idea of Gifts ..........................................................32 2.1.2: The General Idea of Inheritance ................................................33 2.1.3: Is there a difference between Inheritance and Gifts? .................35 2.2: Gifts and Inheritance in pre-modern South Asia ...................................39 2.2.1: ................................................................39 2.2.2: Inheritance ......................................................45 2.2.3: Is there a difference between Inheritance and Gifts in ? ......................................................................................55 2.3: Jī ū ana's : Inheritance or Gift?.............................................56 Jī ū 's ..................................................................58 Jī ū 's distinction of from ..........................67 g Jī ū 's ...............................71 Conclusion ....................................................................................................76 Chapter 3: Svatva, and .........................................................78 x 3.1: Property and Ownership.........................................................................78 3.1.1: Property and Ownership in General...........................................78 3.1.2: