The
ancient ritualistic trial of chastity or “Smartha-Vicharam” pertains to
the trial of Nambuthiri or Malayali Brahmin girls/ladies and their fellow
male- paramours/adulterers
locally known as “Jaaran,”
who were accused of illicit/illegitimate sexual relations or prostitution. If the accused girl/lady was found guilty,
she was driven out of the Illom/house by an order called “Bhrashtu,”
excommunication or ostracization from society. The conduct of the trial of chastity, Smartha-Vicharam, commenced only with the permission of
the local Raja (King) in whose
jurisdiction the trial takes place. The
most sensational trial of chastity, Smartha-Vicharam, was the one in 1905 that ordered “Brashtu”
on a daring Antharjanam, Brahmin
house-wife, Thathrikutty alias Dhatrikutty. It was challenged in the Madras
High Court and the original verdict was reversed. The appellate judgment
created an upheaval in the Nambuthiri community
and that necessitated various law reforms for marriage and succession in the
Brahmin community in Kerala. Thus, the trial of chastity came to an end.
The facts in brief are as follows: -
Kuriyedath Thathrikutty (Savitri Antharjanam
daughter of Ashtamoorthi Nambuthiri Kalpakasseri Illom/house)
was an extremely intelligent, daring and beautiful Brahmin girl born at
Arangotukara in Ezhumangad Village in Palakkad district in the state of Kerala,
S. India. On her birth, her father consulted an astrologer. He was
informed that the birth was at an inauspicious time and the girl will be
responsible for a calamity involving the destruction of his family. He was
taken aback.
After a few years, the Nambuthiri was blessed with another
daughter. This was a turning point for Thathrikutty; she lost the love and
affection of her mother, who was fully engrossed with the newborn child.
Because of the astrological prediction the family members were a bit
apprehensive of the girl. She was a bright student and wanted to join the Veda-pathasala, school. In those
days, girls were not allowed to go out alone, especially those who belong to
the orthodox Nambuthiri community. She was obstinate but her pressures
and persuasions were turned down by her parents. Being intelligent and
ingenious she learned to read and write to some extent from her brothers. She
was talented in fine arts and had learned the basics of Kathakali, and tried
her luck in music as well. During this period of time, girls were married off at
a very young age; some even at the tender age of 8.
It is
significant to note the social set up; the peculiar customs and traditions of
up-bringing of children especially the girls, their marriage and sexual
relations to understand the trial of chastity. The daughters of a senior male
Brahmin were given in marriage only to a Brahmin boy. If no suitable marriage
alliance was contracted she may be forced to marry a very old Nambuthiri who already had other wives or she
would have to spend her whole life in the ‘Illom,
house. If she elopes with a ‘Nair’ and if children are born they are
called Nambeesan or Warrier or Marar, who are employed in temple
services. However, if she happens to enter an illicit/illegitimate sexual
relationship with someone from a lower caste, she would be driven out of the illom/house.
Thathrikutty
was married at the age of 13 to Chemmanthatta Kuriyedathu Raman Nambuthiri of Mukundapuram Taluk in Trichur
district, an old man, almost the age of her father, who had
three other wives. Thereafter, there was not much information about
Thathrikutty Antharjanam, for some time.
The old Raman Nambuthiri failed
to satiate the sexual desires of Thathrikutty Antharjanam, and she was frustrated. With the help
of her “Dasi or Thozhi,” companion she was able
to contact with revered persons in the nearby locality and found a way out.
News of a fresh entrant into prostitution, one of the oldest professions, spread
slowly by word of mouth. Attracted by her beauty and her knack to satisfy her
customers; writers, musicians, senior officials and other reputed men in the
society became her clients. She never revealed her identity but used to note
the names and addresses of her customers and their birth-marks, especially the
ones in the pubic region. There is an adage that Thathrikutty, in order to
insult her husband, invited him without revealing her identity. He blissfully
enjoyed her company and when he reached the summit of orgasm; he showered
praises on her. He pleaded and tried to persuade her to marry him. Then she
lifted her veil, and the revelation was a terrible shock to him, as he ran away
screaming.
Thathri’s
husband complained about her infidelity coupled with adultery involving numerous
men. The trial procedure was to interrogate the “Dasi,” the maid or
companion of the accused Thathrikutty. There was substantial evidence to prove
Thathrikutty Antharjanam's sexual
misdeeds. Therefore she was isolated to a special cell called “Achan-Pura.”
After she was isolated, her husband informed the king about the case. The Raja
gave permission to Smarthans (Judges) to undertake the trial of
chastity. The king then sent four lawyers together with Smarthans and a Brahmin to conduct the trial.
The
judges questioned Thathrikutty Antharjanam.
During questioning, the judges sat outside the cell without seeing the accused.
The trial of chastity took nearly 7 months to complete, due to the severity of
the case. The trial had to be
conducted at Chemmanthitta, Pallimana and Irinjalakuda. During this period,
Thathrikutty was subjected to grave physical torture. When she had accepted all
her misdeeds, the Smarthans questioned her face to face to get the
names of the jaarans (the adulterers involved). She
admitted having committed adultery with a lot of men and was prepared to face
the punishment on condition that the male members of the society who had enjoyed
her company should also be subjected to identical punishment as would be given
to her. Since there was no practice of punishment for men for such offences
till that time, the ‘Smarthans’ tried to ignore her but she was adamant
and gradually she got the support of the inhabitants of the region. Therefore,
the Smarthams were forced to refer the matter to the
then Raja, King of Cochin. The King, under pressure from social organizations
had to agree to her condition and the Smartha-Vicharam, trial of chastity, continued unabatedly. If
any men were accused, the lady concerned had to give proof of his having had
sex with her. To the amazement of the Smarthans, Thathrikutty was ready to submit a
list of names and addresses of her adulterers and she insisted that they are to
be tried one by one. She substantiated her accusations by cogent evidences like
some marks on or around the genitals of the accused adulterers so accurately so
that the accused men had no escape. These were later verified by the Smarthans and found to be correct.
Thathrikutty also identified the men in an identification parade. There were 65
accused adulterers (jaaran.) The accused were men of high caste, who
were influential and reputed in the society. These 65 adulterers included 30 Nambuthiris,
10 Iyers (Tamil Pattar Brahmins,) 13 Ambalavaasis (Brahmin lady-Nair
cross-breeds dependent on temple services) and 11 Nairs. If the accused denied
these allegations, they were subject to test of truth (Sathyapareeksha) at Suchindram
temple. The king was informed about the men involved. This particular Smartha-Vicharam attracted as
much attention, not only in the entire state of Kerala, but also the entire
country. Somehow, Thathrikutty had to stop divulging the name of her illicit relations
with the 66th man,
which itself had created commotion in the society. When this got exposed the
very foundation of the social set up of that time was shaken. From the accounts of people who
recount the tale, the King of Cochin stopped the trial since his name was next
on her list.
The
verdict was pronounced on the night of July 13, 1905, indicting Thathrikutty
and the other accused men. The
whole incident shattered the society at that time. This situation prompted the
Kochi Raja to issue a declaration that to institute 'Smartha-Vicharam'
against anybody hereafter; a hefty amount shall be deposited in the treasury in
order to discourage the possibility of such public embarrassments in future.
The verdict was challenged before the High Court at Madras (present Chennai),
the only court that had jurisdiction over the whole of South India at that
time. The appellate court reversed the verdict in 1918 and held that the Smartha-Vicharam held in this case was a nullity. But
the delay in passing the appellate judgment was deadly since the effect of the Smartha-Vicharam was already implemented and at that point
of time no one could challenge or stop the decisions
of the Nambuthiri community.
So those who were found guilty by the Smarthans were punished as per the custom by
ordering “Brashtu,” (excommunication,)
except two of the accused, who died immediately and some others who left the
country to some foreign destination to escape the stigma and punishment. Thathrikutty’s
husband drove her out of the Illom/house and did the last ceremonial
rites known as “Irikke Pindam” (Irikke means while living and Pindam means doing the last rites for dead people)
to her as if she had already passed away.
What happened to Thathrikutty afterwards is not known. There are several rumors
that came up after the “Brashtu” (excommunication.)
It was said that Thathrikutty’s maid broke down at her mistress’s fate and
tried to persuade her to go to Mannanar's asylum at Kannur. There were several
others waiting to accommodate her as a wife or sister. Thathrikutty refused and
faded into obscurity.
Melakath
Gopala Menon, one of Thathrikutty’s
adulterers, was banished by the verdict in the 1905 Smartha-Vicharam. At that time, he was a judicial
officer at Trichur, and was forced to leave his job and his family, and married
Satyabhama, an Ezhava, belonging to Marudur
family at Vadavannur in Palakkad
and he migrated to Ceylon. Former super Tamil matinee idol and later Chief
Minister of Tamilnadu, Puratchi
Thalaivar M.G. Ramachandran (M
G R,) was the son of Melakath
Gopala Menon.
Another person’s name which was doing the rounds was
the super heroine of Malayalam films. Some people feel that Sheela is the
granddaughter of Thathrikutty.
The
destiny of Thathrikutty was unbearable for her father and he committed suicide
after the incident, to liberate himself from the stigma. Other members of her
family fled the village to escape the taunting questions of the public. Their
property was abandoned for some time and later some unscrupulous people
encroached slyly and appropriated the same.
There
are some books on the subject with titles ‘Thathrikuttyude Smarthavicharam’ (Trial of Thatrikutty’s Chastity)
by Alankode Leelakrishnan; ‘Kuriyedathu Thathri’ by Nandan (VT Nandakumar); ‘Cast me
out if you will’ by Lalithambika
Antherjanam; ‘Brashtu’ (excommunication
or out casting from society) by Sri Madambu Kunhukuttan whose grandfather
was Jayadevan, the main Smarthan, judge
in Thatrikutty’s trial; ‘Outcaste’ translation of M Kunhukuttan's book by
Vasanthi Sankaranarayanan; ‘The British Commission’ by Pavithran’ ‘Malabar Manual’ by Logan’ ‘Castes & Tribes of
Southern India’ by E
Thurston; ‘Nambuthiris’ by
Fred Fawcett and a story on the subject by Smt Lalithambika Antherjanam with
the title ‘Pratikara Devata ‘Goddess
of Revenge.’
The Malayalam feature film “Parinayam” (National award winner -1994) and the
Malayalam short film “Tharattu Pattu” are
based on this custom.
The
moot questions that arose in that case were: Was the motive of Thathrikutty a
deliberate attempt to avenge unfair harassments and bitter experiences at
the hands of her Brahmin community? Was it her outright protest against male
domination, habits and exploitation of the suppressed sex of hapless Brahmin
females?
Thathrikutty Antharjanam, the daring, determined and clever lady, was
not prepared to succumb to her fate. She, silently and steadily, was raking up
various issues and protesting against the discouragement of education to Nambuthiri girls; the unfortunate marriage of
young girls to aged persons; denial of freedom of movement and expression to
girls / Antharjanams;
maintaining innumerable wives by senior male Nambuthiris and the younger Nambuthiris seeking solace for their sexual
urges with women of the Nair community (Sambandham);
male dominance coupled with the harassment of women and against
sexual anarchy. The laws of marriage, inheritance and succession were in dire
need of a thorough change. Thathrikutty took the decisive step to sacrifice her
life to liberate the future generation from the shackles of the obsolete
customs and traditions of the Nambuthiri system. All this was brought to
light by exposing the double-faced so called “gentlemen” of her time.
The
golden rule is that there is no golden rule. Laws shall keep on changing
according to the times and vicissitudes.
Thathrikutty
was well aware of the consequences of running a brothel. But she carried on the
job with herself as the prostitute without revealing her identity with the use
of veils, ‘Marakuda’. She took revenge against those habits of her Nambuthiri community by selecting the
influential and reputed persons of her time, intentionally, to partake in her
company. The noting of names, addresses and birthmarks, especially those found
on the genital region of her customers was pre-planned, and she did it
deliberately to book them. Anyhow, she had to stop exposing the name of her
illicit relations at the 66th man,
which would have created utter turmoil in the society. When this sex scandal
got exposed, the very foundation of the Nambuthiri system of that time was shaken.
The
older generation of Nambuthiris portrayed her as a nymphomaniac or a
horrible and cursed demon who ruined the lives of successful men. But for the
hapless and suffering folk; the Nambuthiri girls / Antharjanams, she was a heroine fighting for their
cause.
This
case called for a thorough change of family definitions, especially in the
system of marriage, not only in the Nambuthiri community, but also in the Nair community.
After the Smartha-Vicharam of Thathrikutty, Nambuthiris were inspired
to take up and discuss the common issues of their community. One of the main
issues was the marriage system prevalent in their community. The concept of the
eldest Nambuthiri having as many wives as he wishes and
the other younger Nambuthiris left with no choice but remain
highly frustrated “bachelors” running behind Nair women, needed a change. In the same
way, young Nambuthiri girls who were forced into an alliance
with the eldest son of the community, may find themselves widowed at an early
age in their life. Many continue with this fate without remarrying, often
suppressing their innate desires. In order to change this lopsided system in
the Nambuthiri community, some revolutionary men
formed a council "Nambuthiri Yogakshema Mahaasabha" (Nambuthiri Community Welfare Organization.)
In this forum, they promoted the idea for abolition of the system of Sambandham and a thorough change in the marriage and
succession regulations of their community. This had a great influence in the Nair community also. They too mustered up
the courage to organize a revolt against the matriarchal system. They wanted to
change to the patriarchal system and in due course, both the communities
succeeded in redressing their grievances. The Hindu Marriage Act, 1955 (Act 25
of 1955) and Hindu Succession Act, 1956 (Act 30 of 1956), the new enactments
came into force to redress their grievances.
A similar episode occurred in our Island about a century ago. Inmates of
Andipally Madom, Anatharaman Embramthiri and his brothers, were settled in our ancestral
property beside Kumbalam Siva Temple. Later,
his younger brothers Viswanathan and Mahesh went back to Uduppi. In
1949, Neelanda Kaimal of Mynappaly Nair
Tharawad assigned about one
acre of leasehold right over the land to Anantharaman, the eldest of the
brothers of Andippally Madom. Anantharaman Embramthiri, a ‘Tulu’
or ‘Madhwa’ Brahmin from Karnataka State, who had six
children:-Ramakrishnan Embranthiri,
Baburajan, Janardhanan, Jalaja Mechamma and Ratnam. All the daughters of
Anatharaman Embramthiri were given in marriage to Brahmin
boys except Mechamma. She used to stay with him in the family house. Since no
suitable marriage alliance was contracted she had to spend her life as a
celibate spinster in the ‘Madom,’
house. Lawrie, Pazhambilly, a handsome guy belonging to the Latin Christian
community, who lived in the house right opposite (now in the possession of
Bormio Hospital,) seduced her, not allowing her to remain chaste. This resulted
in her being driven out into the street. Augustine Kadavil living in the
neighbourhood gave her shelter, but the relationship did not last long as she
expired prematurely.
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