TRIAL OF CHASTITY OR ‘SMARTHA-VICHARAM’

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 66^th 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 66^th 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. 

Excerpts from

MEMOIRS

An autobiography

by

Joseph J. Thayamkeril

Lawyer, Kochi, Kerala, India.

josephjthayamkeril.blogspot.com

josephjthayamkeril@google.com