28. ON ARRESTING WOMEN ________________________________________ Arresting persons who commit crimes, for enquiry and imposing punishment is an essential function of the king. But there are also certain restrictions imposed on arrests. In this connection an epigraph dated 1010 C.E., from Tamiḻnāṭu would be read with interest. The inscription, in Tamiḻ dated in the 25th regnal year of the Cōḻa king Rāja Kēsarivarmaṉ (Rājarāja Cōḻa I) is found on a pillar in the maṇḍapa in front of the Varadarāja Perumāḷ temple, in Kāvēripākkam village, Arakōṇam tāluk, North Arcot district. The inscription copied by the Government Epigraphist - ARE 400/1905, in published by the South Indian inscription volume 13. No. 312. A brief introduction by the editor reads - “This is probably an inscription of Rājarāja I. It records some regulations, banning the servie of women (for conducting the festivals in the temple) as decided by the mahaāsabha of Kāvidipākkam alias Avaninārāyaṇa-caturvedi-maṅgalam in Paduvūrkōṭṭam on an order received by them from the king through Venbaik-kuḍi-nāṭṭu-vēlar. ‘Avaninārāyaṇa’ is known to have been a biruda of Pallava Nandivarmaṉ III. We learn that the assumbly comprised the committees ūrvariyam, udasīnavāriyam, ērivāriyam, kaḻanivāriyam, the bhaṭṭas and visiṣṭas of to village”. The inscription is of for greater significance than mentioned by the editor. The inscription may be divided into six parts as follows: • The king and date of the record • The assembly of (mahāsaba) the village. • An officer of the king arrives with the royal decision. • The royal decision • The village assembly passes a resolution as per the royal decision and • The Madhyastha of the village drafts the resolutions under the orders of the village assembly. A translation of the inscription is given below followed by a discussion on the salient features of the record. • Svasti Śrī. In the 25th regnal year of the king Rāja Kēsarivarmaṉ. • The mahāsabhā great assembly of the village Kāvidipakkam also known as Avaninārāyaṇa-caturvedi-maṅgalam (in the sub division Paḍuvūr-kōṭṭam) consisting of the members of ūrvāriyam (the village committee), udasīnavāriyam, ērivāriyam (the tank committee), kaḻanivāriyam (the cultivated field committee), bhaṭṭās (exponents of śastras), and visiṣṭas (noblemen) having assembled in Kāmakōṭṭam, the village • and having heard from Veṇbaikkuḍi-veḷḷār, who arrived under the ordes of Perumāṉaḍigaḷ (the king) with the royal decision that o You (the mahāsabhā) are exempted from accepting any instrument of legal action (karaṇa) on either the full moonday (uvā), the first day of the bright fortnight (pratipat) or the saṅkrānti day o In case any such instrument of action is served no male (puruṣās) or female member (strīkaḷ) should be taken to the village assembly hall (or court-ambalam). • Those who taken women (in centravention of this decision to the assembly hall) commit crime against the king and the village assembly. • the king has ordered that you the village assembly (mahāsabhā) pass a resolution (vyavastha) to this effect and have it engraved on stone (śīlālekhā). • Having to listened to Veṇbaikkuḍi-veḷḷār, who came to mahāsabhā and narrated thus, the member and the sabha resolved that o there is no need to accept any instrument of legal action served on the day of uvā, pratipat and saṅkrānti o When any is served the male members (puruṣā) may be taken (arrested) to the ambalam o If the male member is not to be found, the womanfolk (strīkaḷ) should not be taken (captured) o Those who take them, do crime against the sabhā and the king o This resolution should be enforced by the administrative officer of the village and the members of the samvatsara vāriyam committee of the respective years (of occurene) o Even if a royal directive is received (Rājaniyōga) the functions of the Government or the village (Rājakārya and grāmakārya) should not be effected (on these days). o This is the resolution of us the members of mahāsabhā, which included the members of mahāsabhā, which included the members of the six committees of this ambala, • Under orders of this assembly, I, the madhyastha of this village drafted this...” From the above, it is clear that the inscription, is bar intended to place some restriction on arrests on some specific days, in a month. The main purport of the inscription is • The village assembly is exempted from accepting any instrument of action on three days • Neither the defendant male member not his womenfolk should be summoned to the village court on these three days. • On other days, only the erring male member should be taken to the village court and • In case the erring male was not found (absconding), his womenfolk should ot be taken to the village court. The great assembly (mahāsabhā) met in the Kāmakōṭṭam of the village is the important point that deserves attention. Kāmakōṭṭam, is a term used for the temple of goddess Pārvati. In very many inscriptions of the Cōḻas, the shrine of the Goddess in Śiva temples is called Kāmakōṭṭam. In some instances, the temple of the goddess also was located outside the Śiva temple complex as in the case of Kāmākṣi at Kāñchipuram. In the worship of the goddess Kāmākṣi also known as Lalitā Tripurasundari and Rājarājēśvari, the three days mentioned in the inscription were obviously hold sacred. In Tantric worship, the Pourṇima, (uvā in Tamiḻ) is the most important Pūja and occupied a very great place is well known. So also the first day of the bright forenight is an important day for the worshuip of the goddess. In the Lalita Sahasranāma, the goddess is called pratipad mukhya pakantatinhi maṇḍala pūjita. According to Bhaskararāya, the famous commentator the word pratipat would denote Kāmēśvari. Pratipat means Prethama. Śaṅkarānti is a great auspicisus day is also well known. Thus the three days Paurṇami, Prathama and Śaṅkarānti are venerated days for the goddess, the supreme female principle. On these three days, the women are worshipped as the very incarnations of the goddess by the Hindus. Nothing should be done to hurt the feelings of women especially on these days. The royal decision had two important implications that (a) the feelings of women should not be hurt by arresting men on these days. As such, prohibition was imposed on serving any legal instruments of action on these days. (b) On other days if the male to be arrested was not found, the women folk of his family should not be taken to the village court and coerced. In all probability such a custom of taking women to the village court to compel the male member to give himself up was prevalent and that the king prohibited this custom, by declaring such an action as a crime against the crown. Such a prohibition was imposed not only on the king’s government but also to the village assembly. So, the village assembly was also directed to pass such a resolution. It was precisely for this reason the village assembly met at the Kāmakōṭṭam of the village which obviously played a very important role in the life of the people of this village. It is interesting to note that Narada in his Dharma-śāstra, mentions such prohibitions on arrests: - I. 46. One arresting improperly is liable to penalty. 47. One desirious of celebrating his nuptials, afflicted with an illness, about to perform a sacrifice, distressed, sued by another party, employed in the laing’s service, 48. Cowherds, while tending their cattle, husbandmen in the act of cultivation, artisans, engaged in trades, soldiers engaged in warfare, 49. A minor, a messenger, one about to give alms or fulfilling a vow and one surrounded by difficulties, must not arrested by the adversary nor summoned by the king. The above citations from Nārada shows that according to ancient Dharma-śāstra, imposing restrictions on arrest of men, was well known. What the present inscription shows is the concern of the king for the protection of women and their feelings. It is an interesting example of Rājarāja Cōḻā’s judicial administration.
