From Manusmrti (Laws of Manu) Chapter III
20. Now listen to the brief description of the following eight marriage-rites used by the four castes (varna) which partly secure benefits and partly produce evil both in this life and after death.
21. They are the rite of Brahmana (Brahma), that of the gods (Daiva), that of the Rishis (Arsha), that of Prajapati (Prajapatya), that of the Asuras (Asura), that of the Gandharvas (Gandharva), that of the Rakshasas (Rakshasa), and that of the Pisakas (Paisaka).
22. Which is lawful for each caste (varna) and which are the virtues or faults of each (rite), all this I will declare to you, as well as their good and evil results with respect to the offspring.
23.One may know that the first six according to the order (followed above) are lawful for a Brahmana, the four last for a Kshatriya, and the same four, excepting the Rakshasa rite, for a Vaisya and a Sudra.
24. The sages state that the first four are approved (in the case) of a Brahmana, one, the Rakshasa rite in the case of a Kshatriya, and the Asura (marriage in that) of a Vaisya and of a Sudra.
25. But in these institutes of the sacred law, three of the five (last) are declared to be lawful and two unlawful; the Paisaka and the Asura rites must never be used.
26. For Kshatriyas those before mentioned two rites, the Gandharva and the Rakshasa, whether separate or mixed, are permitted by the sacred tradition.
I think Prof. Slaje'sis a reference to paiśācha as a vivāha.It is well known that “secret intercourse with a woman who is asleep, drunk, or mentally deranged” is categorized as a form of “marriage” in ancient Indian law books.
Manu (3.34) uses “upa-gam” – inire feminam (pw) / to approach a woman sexually (MW) – for the consummation of “marriage”. upa-gam is a common verb for “having sex” in a general sense.
Attention may be paid to the name of the vivāha . piśācha --> paiśāchaEach of the vivāhas is described as found among a certain community.Does anyone have info on which community is described as following paiśācha as a vivāha?
--On Fri, Apr 27, 2018 at 1:02 PM, Walter Slaje via INDOLOGY <indology@list.indology.info> wrote:There is also this:
https://www.ndtv.com/opinion/m
ahmood-farooqui-and-his-acquit tal-in-rape-case-1803070 And this:
The Mahātmā moreover stated:
„I have always held that it is physically impossible to violate a woman against her will. [ . . . ] If she cannot meet the assailant's physical might, her purity will give her the strength to die before he succeeds in violating her. [ . . . ] I know that women are capable of throwing away their lives for a much lesser purpose. Only a few days ago a young girl of twenty burnt herself to death as she felt she was being persecuted for refusing to go in for ordinary studies. And she perished with such cool courage and determination. She ignited her sari with an ordinary oil-light and did not so much as raise a cry, so that the people in the neighbouring room were unaware of the happening until all was over.” Harijan, 25-8-1940 and 1-9-1940.
(Quoted from M. K. GANDHI, The Collected Works of Mahatma Gandhi (Electronic Book). 98 volumes. New Delhi: Publications Division Government of India 1999. [http://www.gandhiserve.org/ cwmg/ cwmg.html] 79, Nr. 130: 126 f).
Modern American and traditional Indian notions of rape, honour, consent and “sexual interaction” (e.g., the exchange of kisses can count as such) seem to differ widely.
It is well known that “secret intercourse with a woman who is asleep, drunk, or mentally deranged” is categorized as a form of “marriage” in ancient Indian law books.
Manu (3.34) uses “upa-gam” – inire feminam (pw) / to approach a woman sexually (MW) – for the consummation of “marriage”. upa-gam is a common verb for “having sex” in a general sense.
In the given context, recent English translations use however “to rape” as an equivalent (see Olivelle 2005, p. 110). Interpretations follow suit: “Tantamount to rape” (Jamison in Olivelle & Davis (ed.), Hindu Law 2017, p. 130).
Unless supported by unambiguous evidence, such readings should be treated as notionally anachronistic interpretations reflexively projected onto ancient India. What appears to be “rape”, or to be “tantamount to rape”, in the eyes of 21st century Western Indologists, does not necessarily represent the viewpoint of a (pre)modern Indian society.
With regard to its connotation, Doniger (1991: 46) and Michaels (2010: 49) offer neutral and therefore more faithful translations of upa-gam: “to have sex with” and “Beischlaf”.
Actually, we are in dire need of a substantial investigation into the history of the notions of “rape” as they prevailed in premodern India. This will help to understand and assess their (dis)continuation also in the thinking of today.
Best,
WS
-----------------------------
Prof. Dr. Walter Slaje
Hermann-Löns-Str. 1
D-99425 Weimar
Deutschland2018-04-26 15:27 GMT+02:00 Audrey Truschke via INDOLOGY <indology@list.indology.info>:Dear Colleagues,I would like to share this insightful, brave piece written by a PhD student at Columbia University about her experience pursuing a rape charge against Mahmood Farooqui in the Indian judicial system. I think it is relevant for Indologists, especially for sending students to conduct research abroad, dealing with our own instances of sexual misconduct in the field, and thinking about gender and power dynamics.AudreyAudrey TruschkeAssistant ProfessorDepartment of History
Rutgers University-Newark
_______________________________________________ INDOLOGY@list.indology.info
INDOLOGY mailing list
indology-owner@list.indology.info (messages to the list's managing committee)
http://listinfo.indology.info (where you can change your list options or unsubscribe)
_______________________________________________
INDOLOGY mailing list
INDOLOGY@list.indology.info
indology-owner@list.indology.info (messages to the list's managing committee)
http://listinfo.indology.info (where you can change your list options or unsubscribe)Nagaraj PaturiHyderabad, Telangana, INDIA.BoS, MIT School of Vedic Sciences, Pune, MaharashtraBoS, Chinmaya Vishwavidyapeeth, Veliyanad, KeralaFormer Senior Professor of Cultural StudiesFLAME School of Communication and FLAME School of Liberal Education,(Pune, Maharashtra, INDIA )