16 Veśyā

Vesya

[[P636]] [[Vesya—(Courtezan)|Veśyā—(Courtesan)]]. This work dealing among other matters with the position of women and marriage in India would be incomplete if nothing were said about prostitutes and concubines. Prostitution has existed from the dawn of history in all countries and in the absence of statistics it is difficult to say whether it flourished more in one country than in another or whether it existed to a greater or lesser extent in ancient days as compared with modern times. The article in the [[Enoyolopædia Britannica|Encyclopædia Britannica]] on prostitution will be an eye-opener to many who will be inclined to turn their nose at Indian conditions.

From the [[Rgveda|Ṛgveda]] we find that there were women who were common to several [[mon|men]] i.e., who were [[courtezans|courtesans]] or prostitutes [[In Rg.|In Ṛg.]]. I. 167. 4 the bright [[Maruts|Maruts]] (storm gods) are said to have become associated with the young (lightning), just as men become associated with a young [[courtezan|courtesan]]. 1 It has already been seen how in [[Rg.|Ṛg.]] II. 29. 1 reference is made to a woman who gives birth in secret to a child and leaves it aside. In [[Rg.|Ṛg.]] I. 66. 4, I. 117. 18, I. 134. 3 and other places [[jāra|jāra]] (paramour or secret lover) is spoken of. In [[Gaut.|Gautama]] XXII. 27 it is said that for killing a woman who is a [[brāhmaṇi|brāhmaṇī]] by birth only and who subsists by harlotry no [[prāya citta|prāyaścitta]] is necessary but eight [[hand. fule|handful]] of corn may be gifted. Manu IV, 209 forbids [[&|a]] [[brabmana|brāhmaṇa]] from taking food offered by harlots (vide also IV. 219); and Manu IX 259 requires the king to punish clever (or deceitful) harlots. In the [[Mahabbārata|Mahābhārata]] [[courtezans|courtesans]] are an established institution. The [[Adiparva|Ādiparva]] (115, 39) narrates how a [[vesy &|veśyā]] waited upon [[Dhstarāṣtra|Dhṛtarāṣṭra]] when his wife [[Gandhari|Gāndhārī]] was pregnant. 2 In the [[Udyogaparva|Udyogaparva]] (30. 38) [[Yudhisthira|Yudhiṣṭhira]] sends greetings to the [[vetyās|veśyās]] of the [[Kauravas|Kauravas]]. [[Courtezans|Courtesans]] are describ. ed as going out to welcome [[Krsna|Kṛṣṇa]] when he came on a mission of peace to the [[Kaurava|Kaurava]] court (Udyoga 86. 15). When the [[Pandava|Pāṇḍava]] armies are described as about to start for battle it

[[P637]] is said that [[oarts|carts]], markets and [[courtezans|courtesans]] also accompanied them (Udyoga 151. 58). Vide also [[Vanaparva|Vanaparva]] 239, 37, [[Karnaparva|Karṇaparva]] 94. 26. [[Yāj.|Yājñavalkya]] 3 II. 290 divides concubines into two sorts, [[avaruddha|avaruddhā]] (one who is kept in the house itself and forbidden to have intercourse with any other male) and [[bhujisya|bhujiṣyā]] (concubine who is not kept in the house, but elsewhere and is in the special keeping of a person) and prescribes a fine of fifty [[paṇas|paṇas]] against another person having intercourse with them. [[Nārada|Nārada]] 4 ([[stripumsa|strīpuṃsa]], 78-79) says ‘intercourse is permitted with wanton women ([[svairipi|svairiṇī]]) who are not [[brahmana|brāhmaṇa]] by caste, with a prostitute, a female slave, or a female not restrained by her master, if these belong to a caste lower than oneself; but it is forbidden with women of superior caste. But when these very women are the kept mistresses (of a person) intercourse with them by a stranger is as much a crime as intercourse with another’s wife. Such women must not be approached, though intercourse with them is not forbidden (on the ground of caste &c.), since they belong to another.’ On [[Yāj.|Yājñavalkya]] II. 290 the [[Mit.|Mitākṣarā]], after quoting the [[Skandapurāṇa|Skandapurāṇa]] to the effect that prostitutes constitute a separate caste being sprung from certain [[Apsurases|Apsarases]] (heavenly nymphs) called [[pañicacūdās|pañcacūḍās]], states that such [[courtezans|courtesans]] as are not kept specially by a person do not [[inour|incur]] any sin, nor punishment at the hands of the king, if they have intercourse with men of the same or [[&|a]] superior caste, nor do men approaching them incur any penalty if they are not [[avaruddha|avaruddhā]]. But the men who visit [[tbem|them]] incur sin (which is an unseen result), since the [[smṛtis|smṛtis]] ordain that men should be devoted to their wives (vide [[Yāj.|Yājñavalkya]] I. 81) and the [[prājāpatya|prājāpatya]] penance is [[presoribed|prescribed]] for him who has intercourse with a [[vesyā|veśyā]] (vide [[Atri|Atri]] v. 271). [[Nārada|Nārada]] 5 ([[vetanasyanapakarma|vetanasyānapakarma]] 18) lays down that if a public woman after getting her fee refuses to receive the customer, she shall pay twice the amount of the fee and the same fine shall be imposed on a man who does not pay the (stipulated) fee, after having had [[interoourse|intercourse]] with a [[veśyā|veśyā]]. Vide [[Yāj.|Yājñavalkya]] II. 292 and [[Matayapurāṇa|Matsyapurāṇa]] 227. 144-145 for

[[P638]] similar provisions. The [[Matsyapuriṇa|Matsyapurāṇa]] chap. 70 dilates upon [[vesyādbarma|veśyādharma]]. The [[Kāmasūtra|Kāmasūtra]] I. 3. 20 defines a [[gañikā|gaṇikā]] as a [[veśyā|veśyā]] who is most accomplished and proficient in the 64 [[kalās|kalās]]. [[Apararka|Aparārka]] (p. 800, on [[Yāj.|Yājñavalkya]] II. 198) quotes [[Nārada|Nārada]] (cited above) and several verses of the [[Matsyapurāṇa|Matsyapurāṇa]] about [[vesgās|veśyās]].

Concubines being recognized by society, the [[smýtis|smṛtis]] provided for their maintenance. During the [[life-time|lifetime]] of a person keeping a concubine, the latter has no legal right to proceed against [[tbe|the]] former. [[Nārada|Nārada]] ([[dāyabbāga|dāyabhāga]] 6 52) and [[Katyayapa|Kātyāyana]] lay down that even when the property of a deceased person escheats to the king for want of heirs (except in the case of the deceased being a [[brāhmana|brāhmaṇa]]) the king has first to provide for the [[main. tenance|maintenance]] of the concubines of the deceased, of his slaves and for his [[grāddbas|śrāddhas]]. The [[Mit.|Mitākṣarā]] says that [[tbe|the]] concubines here referred to are those called [[avaruddhā|avaruddhā]] (and not [[bhujiṣya|bhujiṣyā]]) and that even the kept mistresses of a deceased [[brāhmaṇa|brāhmaṇa]] are entitled to maintenance from his property. The Privy Council in Bai Nagubai v. Bai Monghibai have gone beyond the [[Mit.|Mitākṣarā]] and have held that all concubines (whether kept in the house practically as members of the family i.e., [[avaruddhā|avaruddhā]] or not so kept i.e., [[bhujigyā|bhujiṣyā]]) within the exclusive keeping of a Hindu till his death are entitled to maintenance from his property after his death, provided they are continuously chaste thereafter. 7

The rights of the illegitimate children of concubines to inheritance or maintenance will be dealt with later on under inheritance.

Out of the [[samskāras|saṃskāras]] enumerated above (pp. 195–197), the [[Mahāyajñas|Mahāyajñas]], [[Utsarjana|Utsarjana]] and [[Upākarma|Upākarma]] will be described under the next chapter, viz., [[āhnika|āhnika]] and [[antyeṣti|antyeṣṭi]] under [[fauce|śauca]].

  1. TUTUNT SET 964T FUTUTE HOUT AFAT: I . I. 167. 4. ↩︎

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  7. L. R. 53. I. A. 153 = 50 Bom. 604. ↩︎