http://scroll.in/article/811464/lesson-from-perumal-murugan-verdict-modi-could-learn-much-from-savarkar-on-sex-in-ancient-india

OPINION

Lesson from Perumal Murugan verdict: Modi could learn much from
Savarkar on sex in ancient India

How did Kunti beget Karna in the Mahabharata? The value of the Madras
High Court judgment goes beyond upholding the freedom to deal with
taboo subjects.

2 hours ago

Manoj Mitta

A Hindu tradition called Niyoga allowed a childless woman to procreate
through a man other than her husband. The Madras High Court took
judicial cognisance of this tradition in its verdict earlier this
week, upholding the freedom of expression of writer Perumal Murugan,
much to the umbrage of the Hindu groups opposed to a book depicting
it.

Unwittingly, however, the verdict also put in perspective Narendra
Modi’s tacit denial of this tradition in the context of its best known
symbol, Kunti, the mother of the legendary Pandavas in the
Mahabharata. Modi famously claimed, at a corporate hospital in Mumbai
in October 2014, that Karna, whom Kunti begot before her marriage, was
testimony to the advances made by ancient India in genetic science. In
a radical interpretation of the epic story about a boon received by
Kunti to have a child with any god, Modi said:

“If we think a little more, we realise that Mahabharat says Karna was
not born from his mother’s womb. This means that genetic science was
present at that time. That is why Karna could be born outside his
mother’s womb.”

The champion of yoga is evidently so squeamish about Niyoga that he
mythified it as an unrecognised breakthrough made by ancient India in
genetic science.

Though there is no reference to the Prime Minister’s speech in it, the
high court verdict cited others’ views on the taboo subject of Niyoga,
which served as the backdrop to Murugan’s Tamil novel Madhorubhagan.
Referring to the campaign against the book, the judgment quoted an
article by Lavanya Manoharan asking,

“Why have all those who now protest Madhorubagan spared the Mahabharatha?”

Besides, the judgment paraphrased a book by Sarva Daman Singh as follows:

“Pandu is said to have told his wife Kunti of a time when women were
free to cohabit with anybody they chose without a trace of sin. They
went uncloistered, and were their own mistresses, taking their
pleasure from where it pleased them.”

Another book, this one by Devdutt Pattanaik, is summarised by the
judgment in this manner:

 “… a reference is made to sterile men becoming fathers by asking gods
to visit their wives. In this context, the birth of Kunti’s children
is adverted to. Different gods were invoked, from which different
progenies were born.”

The counsel for the besieged author submitted, according to the judgment:

“that the concepts of Niyoga, ascriptions of divinity to procreation
through extra-marital means (the instance of Kunthi in the
Mahabharatha being the most notable one) and also the recognition and
even encouragement of sexual relations outside wedlock are all
prevalent in Hindu myths and ancient literature” (the parenthesis as
in the judgment).

On the other hand, the counsel for the protestors is quoted as
alleging, “The reference to the Niyoga marriage from the epic
Mahabharatha cannot be a suggestion for writing a lascivious,
prurient, obscene and disparaging novel by the author, especially one
involving a temple festival.”

The high court, on its part, observed:

“The Indian scriptures, including The Mahabharata, are said to be
replete with obvious examples of sex outside marriage, also
specifically for the purpose of having progenies and that too, of the
intellectual class... Can we say The Mahabharata or the various other
literatures, which we have quoted herein above, are part of our
history, yet they say something that is unusually lascivious and
therefore should be banned?”

By regarding figures like Karna as “obvious examples” of either
extra-marital or pre-marital sex, the high court has proved to be
remarkably clear-eyed in an environment in which an authority no less
than the Prime Minister could misrepresent Niyoga as genetic science.

Liberal ethos

The judgment, written by the chief justice of the Madras High Court,
Sanjay Kishan Kaul, said:

“Surprisingly, on the issue of a liberal ethos towards the
relationship of man and woman, sex and religious mores, the ancient
scriptures seemed to be more liberal than at times what appears to be
the current norm.”

As for the Niyoga portrayed by Murugan as part of a temple festival in
Tamil Nadu, the verdict said:

“The novel refers to a social practice, if at all it ever existed, to
somehow solve the problem of a childless couple through this peculiar,
yet not very desirable practice. It is in fact a reflection of the
desperation to which the society drives the childless couple to a make
such a compromise.” Bemoaning the intolerance that had forced Murugan
to call himself dead as a writer in January 2015, the high court held:
“There cannot be a new puritanism imbibed in this civilization of
variant cultures.”

Just how new is this puritanism can be gauged from this historical
irony. Almost a century ago, Vinayak Damodar Savarkar wrote
matter-of-factly about Niyoga in the very book in which he coined the
term Hindutva, the ideology of the current dispensation. While giving
a long list of instances to establish that inter-caste marriages had
been a common occurrence from Vedic times, Savarkar said,

“Pandu allowed his wives to raise issue by resorting to the Niyoga
system and they having solicited the love of men of unknown castes,
gave birth to the heroes of our great epic.”

Thus, making no bones about Niyoga, the original propounder of
Hindutva debunked the traditional narrative that Kunti begot her
children from gods and not mere mortals.

If Savarkar was so open to recognizing Niyoga for what it was, could
Babasaheb Ambedkar, far removed as he was from Hindutva, have lagged
behind in critiquing that tradition? While questioning the morality of
the ancient Aryan society in his book titled Riddles in Hinduism,
Ambedkar said that the Niyoga system had resulted in “a complete state
of promiscuity”, especially because “there was no limit to the number
of Niyogas open to a woman”. In the catalogue he made of multiple
Niyogas for each woman, Ambedkar mentioned that Kunti had four
Niyogas, including the one that led to Karna’s birth. He added that
that there was no cap even on the duration of Niyoga,

“which might last for one night or twelve years or more, with the
husband a willing and a sleeping partner in this trade of
fornication”.

Savarkar and Ambedkar could not have got away with such irreverence to
tradition in today’s India, as evident from the harassment suffered by
Perumal Murugan at the hands of state and non-state actors. Hence the
value of the Madras High Court judgment goes beyond upholding the
freedom to deal with taboo subjects. It has served to expose the
corrosive link, however unintended, between Modi’s attempt to glorify
Niyoga as genetic science and Murugan’s declaration of his demise as a
writer three months later.

Manoj Mitta is the author of The Fiction of Fact-Finding: Modi and
Godhra and co-author of When a Tree Shook Delhi: The 1984 Carnage and
its Aftermath
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Peace Is Doable

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