Imatges de pàgina
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the heading of "Marriage, injuries to unborn children, concealment of births" should be collected and carefully analysed.

The people are quite prepared to receive any reform the Government would introduce on this subject. Already in Surat, a most conservative district, the widows have boldly appealed to the Nugger Sett for redress. But his fortitude (sic) is not equal to the occasion.

24. PANDIT GUTTULAL.-Manu says...

"On the death of her husband she should willingly waste away her body by (living upon) good flowers, roots and fruits, and should not even pronounce the name of a stranger....

............

The father protects (a woman) in childhood, the husband in youth, the sons in old age. A woman does not deserve independence

From meretriciousness, inconstancy and hardness of heart, they howsoever well protected, act hostilely towards their husbands by nature.

Knowing that this their disposition has been implanted in them by the Creator, a man should strive hard to guard them, Sleep, sitting, ornaments, (the possession) of love, anger, petulance, envy and evil conduct are predicated of women by Manu."

If all the widows in the world would practise their own duties night and day, such as avoiding music and singing of all kinds, associating with good men, devotion to God, not taking plenty of food and too many ornaments, then they would not at all be the objects of the accursed torments of love and such like. Where will then be there any occasion for them to cause miscarriage or commit countless other sins?

25. GOKULDAS KAHANDAS PAREKH.-I am of opinion. that the legislature has a right to insist that so long as a caste considers adultery of its widows to be matter not falling within its cognizance and does not make it punishable by its rules, they (sic) cannot make punishable what according to their view

should be only another form of adultery, particularly when the law recognizes it and the religious ceremonies remove the taint of sin and immorality. I think a provision of the Legislature, rendering the excommunication of a remarrying widow, her husband and relations punishable when the caste rules do not visit adultery with punishment, to be a just and proper one. To my mind it is not very difficult to make legislative provisions in this matter which may not unduly increase the power of the caste in reference to the action of individuals, and at the same time leave its autonomy in other matters intact.

With a view to check miscarriages and sometimes the suicide or murder of the unfortunate widows themselves, I further propose that there should be a law compelling every widow of those castes in which remarriages are not permitted who is in the family way to get her condition registered and on omission to get herself registered should be made criminally punishable. The establishment kept for this purpose should work independently of the Police.

......

26. HIS HIGHNESS THE RAO OF CUTCH.-Preaching and persuasion should be employed by the reformers as their best agents for effecting a still greater and wider change in the opinions of the people on this important subject (enforced widowhood)

27. HIS HIGHNESS THE THAKOR SAHEB OF BHAVNAGAR-Relies upon the spread of education ( Vide Remedies for Infant Marriage).

28. HIS HIGHNESS THE THAKOR SAHIB OF MORVI. My opinion is that widow marriages should be made quite voluntary within certain ages and under certain prescribed. circumstances.........I would propose thorefore the adoption of some protective measures which may not savour of interference but which may serve the desired end, indirectly though, and that Government and its officers should use their private influence indirectly in encouraging these reforms.

29. JAYASING RAO REGENT OF KOLHAPUR.-When early marriages decrease, there will be a reduction in the number of young widows. And for widow marriage to be a general custom, it will require as much moral courage as to prevent early marriage.

30. SHANTARAM NARAYAN.--On the question of widow remarriage I do not see that much remains te be done by Government............Even if the State were to do its best, widows, for all that, would remain in widowhood, so long as society looked upon the practice as sinful.

There is one suggestion that I should deem it my duty to make on this point. The Act which has legalized the remarriage of a Hindu widow at the same time provides that, in the event of such remarriage, the widow shall not be entitled to the property of her deceased husband and that it will revert to his other heirs. The result is that the law, as it is now enforced, leads to ludicrous results. For instance, suppose a Hindu dies leaving a widow. The widow inherits his property and then leads an immoral life; yet she is not liable to be deprived of it and she continues its owner nevertheless. Suppose the same widow instead of leading an immoral life remarries; the result is, the property goes out of her hands at once. This is very unfair and is hardly calculated to encourage the remarriage of widows or even morality. The Government ought to remove this blot from the Statute book without any delay.*

*The Bombay Government in forwarding Mr. Shantaram's letter to the Government of India wrote as follows......" ..2............Mr. Shantaram Narayan is the ablest pleader of the High Court....... and his views merit attention. 3.-The provisions of Section 2 of Act XV. of 1856 are certainly somewhat anomalous and might in the opinion of the Governor in Council, be amended. The law as regards Hindu widows in this Presidency is succinctly stated in Bechar vs. Bai Lakshmi (1 Bombay High Court Reports 56) in the following terms. 'The Hindu law existing on this side of India gives a widow absolute power over the moveable property of her deceased husband, which has

31.

JASWANTSING, THAKOR SAHIB OF LIMBDI.-GOVernment can help social reform as it did, I think, in 1856, by an Act passed in that year. It can aid progress by giving opportunity for progress. But it can do no more.

SECTION III. BENGAL PRESIDENCY.

32.

LORD H. ULICK BROWNE, COMMISSIONER, RAJSHAHYE. DIVISION-I think Government might consult intelligent and reliable Hindus on the question of simply repealing Section 2 of Act XV. of 1856, and unless there is strong consensus of opinion against the proposal, I would repeal the section.

33. BABU HORI MOHUN CHANDRA.-It is said that the law in the Hindu State of Baroda punishes the enticing away of a widow for immoral purposes, and that even sexual intercourse with a widow is severly punished in those territories;

been inherited by her, but no power to alienate immoveable property except under special circumstances.' It would be reasonable to enact that a widow should not by remarriage forfeit any property over which she has absolute power. It is clear that she can avoid the forfeiture by conveying such property to her intended husband immediately before her marriage; and it seems undesirable that the Legislature should appear to give its sanction to a penalty of which it does not approve and which can be so easily evaded."

The Government of India wrote on this subject as follows :

"5. Of the suggestions made in the course of the voluminous correspondence quoted in the preamble, the only two which do not seem to the Government of India to be open to serious objection on ground of principle are (1) the amendment of Section 2 of Chapter XV. of 1856 as to the forfeiture of property of a widow on remarriage, and 2 the supply of machinery by which a Hindu widow who fails to obtain the consent of her caste-fellows to her marriage, may nevertheless marry without renouncing her religion.

But although there is much to be said in favour of each of these suggestions, the Governor-General in Council, as at present advised, would prefer not to interfere, even to the limited extent proposed, by legislative action, until sufficient proof is forthcoming that legislation is required to meet a serious practical evil, and that such legislation has been asked for by a section important in influence or number, of the Hindu community itself."

but although our social customs prohibit the remarriage of widows, yet the law does not punish the enticing away of a widow for immoral purposes if she is over 16 years of age. It seems to me that here the law is inconsistent, and not in accord with the customs of the people

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Licenses may be granted to priests for celebration and optional registration of widow remarriages, and remuneration of priest registrars by fees say from Rs. 20 to Rs. 100 to be paid by the parties.

It may be stated that the standard laid down by Malthus as to the number per square mile that can be supported in Europe does not apply to the conditions of life in India, and if it did, it could be proved that the large and fertile tracts of land yet uncultivated would be amply sufficient to support any probable increase of population (from widow marriages) for thousands of years to come. The statement that remarriage of widows would be the cause of more famines does not touch the real cause of these calamities, as although we have no widow marriage among us at present, yet we have had between 1769 and 1878, i.e. in 109 years, altogether 38 severe scarcities and famines in the continent of India

34. TIPPERAH PEOPLE'S ASSOCIBTION.-Recommend the repeal of Section 2 of Act XV. of 1856.

35. KUMAR PRAMOTHA BHUSHANA DEVA, RAJA OF NALDANGA.-Approves the suggestion regarding the formation of a national association.

SECTION IV. NORTH-WEST PROVINCES AND
OUDH, THE PUNJAB, CENTRAL PROVINCES,
BURMA, ASSAM, COORG, HYDRABAD
(DECCAN) &c.

36. DIWAN RAM NATH, DISTRICT JUDGE, HOSHIARPUR.A section in the Penal Code providing punishment for those

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