Which one of the following texts of ancient India allows divorce to a wife deserted by her husband ?

1. Literary Sources of Ancient Indian Polity (basic)

To understand the foundation of the Mauryan Empire's polity, we must look at the diverse literary landscape of ancient India. Historians categorize these sources into two main types: Religious/Normative and Secular/Administrative. While religious texts like the Smritis focus on ethics and social duty (Dharma), secular treatises provide us with the actual mechanics of how a state was governed. For instance, the History, class XI (Tamilnadu state board 2024 ed.), The Guptas, p.99 notes that Smritis (including Dharmashastras) cover a wide range of ethics and culture, forming the moral backbone of society. Similarly, major epics like the Mahabharata contain 'didactic' sections—parts specifically meant to prescribe social norms and political advice for kings THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.), Kinship, Caste and Class, p.73.

The crown jewel of these sources is Kautilya’s Arthashastra. Unlike the Smritis, which view society through a spiritual lens, the Arthashastra is a practical manual on statecraft and economy History, class XI (Tamilnadu state board 2024 ed.), Evolution of Society in South India, p.64. It treats law as an institutional tool rather than just a religious custom. For example, while many social codes of the time were rigid regarding marriage, the Arthashastra was remarkably systematic, even recognizing legal procedures for divorce (referred to as Moksha) under specific circumstances like mutual enmity. This highlights the sophisticated, organized legal framework that the Mauryan state aspired to maintain.

Beyond these, we rely on historical chronicles and literary plays to fill in the gaps. Buddhist Chronicles like the Mahavamsa provide a chronological perspective, while the Puranas are essential for tracing the genealogies of various dynasties History, class XI (Tamilnadu state board 2024 ed.), Evolution of Society in South India, p.64. Interestingly, even Sanskrit drama serves as a source: the play Mudrarakshasa by Visakhadatta dramatizes the political strategies used by Kautilya to establish the Mauryan throne, giving us a narrative glimpse into the 'intrigues' of ancient power politics History, class XI (Tamilnadu state board 2024 ed.), Emergence of State and Empire, p.51.

Source Type	Primary Focus	Key Example
Secular/Legal	Administration, Statecraft, Law	Arthashastra
Normative	Social Ethics, Religious Duty	Dharmashastras / Smritis
Narrative/Dramatic	Political History & Genealogy	Puranas / Mudrarakshasa

Sources: History, class XI (Tamilnadu state board 2024 ed.), The Guptas, p.99; THEMES IN INDIAN HISTORY PART I, History CLASS XII (NCERT 2025 ed.), Kinship, Caste and Class, p.73; History, class XI (Tamilnadu state board 2024 ed.), Evolution of Society in South India, p.64; History, class XI (Tamilnadu state board 2024 ed.), Emergence of State and Empire, p.51

2. The Evolution of Social Laws (Smriti Traditions) (basic)

To understand the Mauryan polity, we must first understand the social fabric that held the empire together. In ancient India, social conduct and legal principles were governed by the Smriti tradition—literally meaning "that which is remembered." These texts, also known as Dharmashastras, evolved over centuries to define the duties (Dharma) of individuals based on their varna (caste) and ashrama (stage of life). They covered everything from kinship and marriage rules to property rights and occupational associations Geography of India, Majid Husain, Cultural Setting, p.4.

While later Smritis like those of Manu or Narada became increasingly rigid, the Mauryan era—as reflected in Kautilya’s Arthashastra—showed a remarkably pragmatic approach to social law. Unlike purely religious texts, the Arthashastra was a manual for statecraft that integrated social welfare with legal administration. It didn't just view marriage as an unbreakable sacrament; it recognized the practical difficulties of human relationships. For instance, it provided clear legal procedures for divorce (Moksha) on grounds such as mutual enmity or desertion, ensuring that a woman's rights were protected through institutional oversight rather than leaving her to social whim.

As the centuries progressed, these social laws became more institutionalized. By the time of the Gupta period, legal authority began to decentralize. We see the rise of Guilds (Shrenis)—associations of merchants or artisans—which had their own set of internal laws. The Narada and Brihaspati Smritis even suggest that the king should generally approve the judicial decisions made by these guilds for their members History, class XI (Tamilnadu state board 2024 ed.), The Guptas, p.97. This shows a transition from the centralized, state-driven legalism of the Mauryas to a more complex, multi-layered social legal system in later centuries.

Feature	Kautilya’s Arthashastra (Mauryan Context)	Later Dharmashastras (e.g., Manusmriti)
Nature	Secular, pragmatic, and state-focused.	Moral, ritualistic, and society-focused.
Divorce	Explicitly recognized and systematized (Moksha).	Generally discouraged or discussed in moral terms.
Guilds	Regulated strictly by the state.	Allowed significant legal autonomy History, class XI (Tamilnadu state board 2024 ed.), The Guptas, p.97.

Sources: Geography of India, Cultural Setting, p.4; THEMES IN INDIAN HISTORY PART I, History CLASS XII, Kinship, Caste and Class, p.71; History, class XI (Tamilnadu state board 2024 ed.), The Guptas, p.97

3. Eight Forms of Marriage in Ancient India (intermediate)

In ancient Indian society, marriage was viewed not just as a physical union but as a sacred Sanskar (rite of passage). To regulate social conduct, the Dharmasutras and Dharmashastras recognized eight distinct forms of marriage. These were systematically categorized based on the method of the union and the degree of parental or social consent involved. Generally, the first four forms were considered Prashasta (approved or good), while the remaining four were Aprashasta (condemned or inferior), likely practiced by those who lived outside strict Brahmanical norms THEMES IN INDIAN HISTORY PART I, Kinship, Caste and Class, p.58.

The Approved Forms emphasize ritual purity and parental gift-giving:

• Brahma: The most ideal form, where the father gifts his daughter, adorned with jewels, to a man learned in the Vedas.
• Daiva: The daughter is gifted to a priest who performs a sacrifice.
• Arsha: The groom gives a cow and a bull to the bride's father, not as a price, but for ritual purposes.
• Prajapatya: The father gives the daughter with the command, "May both of you perform your duties together."

The Condemned Forms were often those involving commercial transactions, force, or lack of parental oversight:

• Asura: The groom receives the bride after giving as much wealth as he can afford to her kinsmen (a "bride price").
• Gandharva: A voluntary union based on mutual desire and love between the couple, often without parental consent.
• Rakshasa: The forcible abduction of a woman from her home, often after her kinsmen have been killed or wounded.
• Paishacha: The most abhorred form, involving the seduction of a woman who is sleeping, intoxicated, or mentally unbalanced.

While religious texts like the Manusmriti were rigid about these categories, political reality often demanded flexibility. In the Mauryan and post-Mauryan periods, matrimonial alliances were strategically used between royal families to cement peace or expand territorial control Exploring Society: India and Beyond, The Age of Reorganisation, p.120. Furthermore, Kautilya’s Arthashastra provided a more pragmatic legal framework than the purely moral Dharmashastras, even recognizing the possibility of dissolving a marriage (divorce) under specific conditions of mutual enmity or desertion.

Category	Nature of Union	Social Standing
Approved (1-4)	Based on Kanyadana (gift of the daughter) and Vedic rituals.	Highly esteemed; followed by upper varnas.
Unapproved (5-8)	Based on purchase, love, or force.	Condemned; associated with non-Brahmanical practices.

Sources: THEMES IN INDIAN HISTORY PART I, Kinship, Caste and Class, p.58; Exploring Society: India and Beyond, The Age of Reorganisation, p.120

4. Mauryan Administration and Kautilyan Statecraft (intermediate)

To understand the Mauryan Empire, one must look through the lens of the Arthashastra, a comprehensive treatise on statecraft attributed to Kauṭilya (Chanakya). Far from being just a book of rules, it presents a sophisticated vision of a centralized, welfare-oriented state. Kauṭilya proposed the Saptānga Theory, which suggests that a kingdom is an organic entity composed of seven vital 'limbs' or parts: the Swami (King), Amatya (Ministers), Janapada (Territory and People), Durga (Fort), Kosha (Treasury), Danda (Army), and Mitra (Allies). For a kingdom to be prosperous and well-protected, all these elements must function in harmony Exploring Society: India and Beyond, Class VII, The Rise of Empires, p.103. This philosophy highlights that even in ancient times, political thinkers were debating the principles of governance and justice that continue to influence modern constitutions Political Theory, Class XI, Political Theory: An Introduction, p.5.

The Mauryan judicial system was remarkably organized, designed to maintain law and order through a hierarchy of courts. Justice was not arbitrary; it was administered by judges well-versed in sacred laws alongside administrative secretaries (amatyas). The system was divided into two distinct functional branches:

Court Type	Nature of Cases	Purpose
Dharmasthiya	Civil Law	Dealt with personal and social matters like marriage, inheritance, and contracts.
Kantakasodhana	Criminal/State Law	Literally meaning 'removal of thorns,' these courts dealt with crimes against the state, anti-social elements, and bureaucratic corruption.

History, Class XI (Tamilnadu State Board), Emergence of State and Empire, p.55.

One of the most striking aspects of Kauṭilyan statecraft was its pragmatic approach to social legislation. Unlike later, more rigid traditional texts, the Arthashastra recognized the complexities of human relationships. For instance, in the realm of civil law (Dharmasthiya), it explicitly provided for divorce (Moksha) on grounds such as mutual animosity or desertion. It detailed legal procedures for separation and remarriage, emphasizing that the law should serve the wellbeing of the people rather than just abstract morality. This administrative depth ensured that the Mauryan state was not just a military machine, but a legal entity that provided a settled and structured life for its citizens.

Sources: Exploring Society: India and Beyond, Class VII, The Rise of Empires, p.103; Political Theory, Class XI, Political Theory: An Introduction, p.5; History, Class XI (Tamilnadu State Board), Emergence of State and Empire, p.55

5. Status and Rights of Women in Ancient India (intermediate)

The status of women in ancient India was not static; it followed a trajectory of gradual decline from the egalitarian Early Vedic period to the more rigid structures of later centuries. In the Rig Vedic era (c. 1500–1000 BCE), women enjoyed a relatively high status, participating in religious rituals and the Sabha (popular assembly). However, as society transitioned into the Later Vedic period, patriarchal control intensified. The birth of a daughter began to be viewed with less favor, and women were increasingly excluded from political and religious spheres History, class XI (Tamilnadu state board 2024 ed.), Early India: The Chalcolithic, Megalithic, Iron Age and Vedic Cultures, p.29. Despite this decline, the Mauryan era (the context of our study) presents a fascinating 'legal pragmatism' that distinguishes it from the stricter Dharmashastra traditions that followed.

During the Mauryan period, Kautilya’s Arthashastra reveals a society that was highly organized and legally sophisticated. Unlike later texts that viewed marriage as an indissoluble sacrament, the Arthashastra recognized the concept of Moksha (divorce) based on mutual consent or specific grounds like desertion or mutual enmity. This indicates that while the domestic sphere was patriarchal, women possessed distinct legal identities. They could hold property in the form of Stridhana (woman’s wealth), which usually included gifts received at the time of marriage. This economic safeguard provided a level of independence that later centuries would largely strip away Rajiv Ahir, A Brief History of Modern India (2019 ed.), Socio-Religious Reform Movements: General Features, p.195.

Furthermore, the Mauryan state utilized women in diverse professional roles. They served as armed bodyguards for the king, spies for the intelligence network, and workers in state-run spinning and weaving factories. This reflects a period where women were integrated into the political and economic fabric of the empire, rather than being confined solely to the private household. To visualize the shift over time, consider the following comparison:

Feature	Early Vedic Period	Later Vedic / Mauryan Transition
Religious Role	Participated in sacrifices with husbands.	Gradual exclusion from rituals History, class XI (Tamilnadu state board 2024 ed.), p.29.
Education	Access to Vedic learning (e.g., Gargi, Maitreyi).	Became more restricted, focus shifted to domesticity.
Legal Rights	Flexible social norms.	Codified property (Stridhana) and divorce (Arthashastra).

Sources: History, class XI (Tamilnadu state board 2024 ed.), Early India: The Chalcolithic, Megalithic, Iron Age and Vedic Cultures, p.29; Rajiv Ahir, A Brief History of Modern India (2019 ed.), Socio-Religious Reform Movements: General Features, p.195

6. Marriage Dissolution and 'Moksha' in Arthashastra (exam-level)

In the study of ancient Indian polity, Kautilya’s Arthashastra stands out for its remarkably pragmatic and legalistic approach to social institutions. While later Dharmashastra traditions often viewed marriage as an indissoluble sacrament (Sanskara), the Arthashastra treats it with a degree of contractual realism. The term 'Moksha' in Kautilyan law does not refer to spiritual salvation or liberation from the cycle of rebirth; rather, it specifically denotes the dissolution of marriage or legal divorce.

Kautilya permitted 'Moksha' under specific circumstances, most notably on the grounds of mutual animosity (Paraspara Dvesha). If both the husband and wife felt a deep-seated hatred for one another, the marriage could be dissolved through mutual consent. However, Kautilya was careful to distinguish between different types of marriages. As noted in historical records, there were eight forms of marriage recognized in ancient India Themes in Indian History Part I, Kinship, Caste and Class, p.58. Kautilya stipulated that for the first four "approved" or "pious" forms of marriage (such as Brahma or Daiva), divorce was generally not permitted unless both parties agreed. In the remaining four "unapproved" forms, the rules were more flexible, reflecting a society that balanced high moral ideals with practical social needs.

The Arthashastra also provides an organized legal framework for women who were deserted or whose husbands had been absent for a long period without providing maintenance. In such cases, the text outlines the duration a wife must wait before she is legally permitted to seek another partner or move on. This institutional recognition of marital dissolution—including court oversight and specific procedures for remarriage—indicates that Mauryan law provided a level of protection for women that was often absent in later, more rigid patriarchal codes. It demonstrates that the Mauryan state viewed social stability as being tied to fair legal procedures rather than just moral policing.

Sources: Themes in Indian History Part I, Kinship, Caste and Class, p.58

7. Solving the Original PYQ (exam-level)

Now that you've mastered the distinction between Dharmashastra (ideal social codes) and Arthashastra (statecraft and secular law), this question tests your ability to apply that nuance. In ancient India, while many religious texts viewed marriage as an indissoluble sacrament, the Arthashastra by Kautilya approached society through a pragmatic, administrative lens. As you learned in the module on Mauryan administration, this text recognizes marriage as a contract that could be dissolved under specific circumstances, such as mutual hatred or long-term desertion, categorizing it under the legal concept of Moksha (release).

To arrive at the correct answer, (D) Arthashastra, you must identify which text prioritizes legal pragmatism over ritualistic ideals. A common UPSC trap is Manavadharmashastra (Manusmriti); students often pick it because it is the most famous "law book," but it actually represents the opposition to divorce, famously stating that a wife cannot be released from her husband even by sale or abandonment. Similarly, while Kamasutra deals with social life, its focus is on aesthetic pleasure and urban conduct rather than the formal legal procedures for a deserted wife.

By selecting Arthashastra, you are recognizing the unique secular-juridical character of Kautilyan thought. Unlike the Sukra Nitisara, which is a later text focused more on general polity and military organization, Arthashastra provides a structured framework for marital dissolution, including specific timelines for how long a wife should wait for a deserted husband before she is free to remarry. This institutional recognition of a woman's right to move on from a broken marriage is a hallmark of the Artha tradition in contrast to the rigid Dharma tradition.