who turn out of caste a remarried widow and her new husband would ultimately prove a great boon to society and to unhappy widows; and though outward dissatisfaction might be shown by the majority of Hindus, the legislator of the law would have blessings of the young widows at large and of their parents generally. If any enlightened Hindu Raja were to undertake to perform the duty first in his own territory by aid of Brahmins, I think it would be easier for our British Government to assure the ignorant classes of the public that legislation if made is purely made for public interests and no infringement of caste and religion is intended. 37. DENZIL IBBETSON, DIRECTOR OF PUBLIC INSTRUC TION, PUNJAB.-I think I would allow a widow, as well as a wife, to sue for and obtain separate maintenance on proof of social ill-usage and on condition of chastity. Social ill-usege is difficult to define but so are many other questions of fact upon which the courts have to decide. 38. CHIEF COMMISSIONER, CENTRAL PROVINCES.-If the native gentlemen, who share Mr. Malabari's views regarding the nature of the evils he denounces, although they may differ from him as to the remedies to be adopted, would set to work in a business-like manner to promote female education, they would find themselves nearer to their object. When a large number of Hindu women are educated, infant marriage and enforced widowhood will disappear. SECTION V. EXTRACTS FROM OPINIONS 39. HON'BLE J. GIBBS C.S.I., C.I.E.-As I told Lakhmidas Khimji, when he came to see me about it seven years ago,the course is for strong memorials to be got up by the reforming party amongst the Hindus, urging the necessity of further legislation and pointing out the direction such should take...... Without pressure of this nature, it (the Government) could not take up a matter based on such deeply rooted social prejudice, (the religious point has long ceased to be urged). 40. SIR ALFRED LYALL LIEUT.-GOVERNOR N. W. PROVINCES. In the case of young widows, Sir Alfred Lyall certainly thinks that the law should enable them to contract a valid and legal union by some simple system of civil registration, and this might be one of the earlist reforms proposed to Government. You will not fail, however, to remember that in all countries the position of women is still more or less unsatisfactory, and that in no country does the Government interfere in this class of social questions without clear previous assurance that its interposition is called for by the ascertained wishes and feelings of a considerable section of the people. While 41. DINSHA ARDESHIR TALEYARKHAN.-As in the matter of early marriages, so in this, I would take up the question of every caste separately and study the extent of widowhood prevailing therein, what facilities it offers for its removal, and the amount of good thereby calculated to be produced. adopting the same measures for inciting each of the important castes to throw off the harsh usage, I would prepare a community or two to apply to Government to render widow marriages as innocuous (sic) as the ordinary marriages, the law not being so perfect in the former case as it is in the latter. 42. T. B. DANI, EDITOR ARYA VART.-There are numerous instances in which property is extorted by threats of excommunication from caste, and since the decision of the Bombay High Court in a recent case (Reg vs. Alja Dharma, decided on 17th August 1870) such an act does not amount to an offence under the Penal Code. Such sentences are passed by caste bodies under an implicit confidence that, however illegal or unjustifiable their actions might be, the aggrieved party shall be given no redress by the courts or any other Government officer. It is, therefore, I apprehend, the duty of Government to legislate with a view to put some restraint upon the power of caste bodies to pass a sentence of excommunication; and that can be done by enacting that if any body is excommunicated without any reason whatsoever, or for having done an act which is not prohibited by the Hindu law or by any usage or custom such as is capable of being recognized in a court of justice, or for having omitted to do an act which he is not required to do by Hindu law or by such usage or custom, the person or persons passing the sentence of excommunication shall be liable to punishment. 43. K. VENCATRAO FIRST GRADE PLEADER BELLARY.--Numerous quotations may be made and authorities shown to prove that the mutts and other religious institutions do not possess legitimate authority to dictate or punish, but are merly to teach Vedas or their sectarian philosophies to their disciples. If the fear of excommunication be removed, the progress of social reform will be very rapid, 44. B. V. JOSHI (MOUNT ABU).-Let an institution be started............where a Hindu widow will be afforded all the safeguards against immorality, and where she will be trained in some useful branch of human industry and given a home for all her life. I am sure if such an institution be once started, endowments will be pouring in. 45. RAI C. H. SETH, (JHANSI).-If our children were married at an advanced age................................my impression is that the number of our widows will be reduced to half, if not less. The mortuary returns show that there are always more deaths among children than adults.(VIDE CHAPTER IV. PAGE 138) 46. HON. SIR M. MELVILL C.S.I.—I see no reason why a widow, who wishos to remarry, should not be allowed to retain her life-interest in her late husband's property. Even as it is, a separated widow on this side of India can do what she likes with the movable property, and make a gift of it to her second husband an hour before her marriage: so that it is somewhat absurd for the law to say that she shall lose this property on her remarriage. ...... I see no objection to allowing remarriages, or indeed any marriages to take place before a Registrar, as in the case of Christians. Whether Hindus would take advantage of it, I do not know. Of course, the priests would set their faces against it, just as Christian priests do. 47. HON'BLE MR. JUSTICE WEST. (VIDE CHAPTER IV. PAGE 140.) 48. RIGHT HON'BLE LEONARD COURTNEY, DEPUTY SPEAKER HOUSE OF COMMONS.-As regards enforced widowhood, I would go as far as possible in making punishable all attempts to over-awe or impede individual liberty; but we, who are apparently unable to put down boy-cotting at home, must feel some diffidence as to the possibility of liberating a widow, who presumes to marry again, from terrorism and persecution backed by religious sanctions. There was of course a similar struggle of authorities over Sati, but our fathers did not shrink from insisting upon having their own way, and the obligation of immolation has practically disappeared. I know not why in course of time the obligation of dedicating the whole of a life to the memory (say rather "to the dominion", of a husband with whom there may never have been married life, should not also vanish. Unhappy women now often suffer a fate worse than Sati. CHAPTER IX. REASONS FOR NON INTERFERENCE. SECTION I. MADRAS PRESIDENCY. 1. A. SANKARIAH, B.A., PRESIDENT, HINDU SABHA. MADRAS. The agitation against infant marriage and enforced -- widowhood proceeds from persons, who, by reason of their Western education, or of their scepticism, or of their desire to check immorality and infanticide, cannot appreciate the religious sense of the Hindu, and particularly of the Brahmin community. 2. K. KRISHNASWAMY RAO, CHIEF JUSTICE, TRAVANCORE.—It is not in my opinion expedient to put the machinery of legislation to do what is now being done without it. No legislature of the 19th century would attempt to make friends and unmake enemies by its laws. 3. C. SUBBARAYA AIYAR, B.A., B.L., THIRD JUDGE, APPELLATE COURT, ERNACOLUM.--Real reform in the marriage laws of the Hiudus must be initiated by the Hindus themselves. .If the Government were induced to give its executive authority a stretch in the direction suggested by Mr. Malabari, there would be no limit to interferences of the kind in question, and the Government might find itself confronted by questions of an embarrassing nature. The intelligent and educated section of the Nair community have set on foot a movement to effect a change in the marriage laws of Malabar. But the opposition is so great that no reform is feasible giving to the Nair wife a distinct status in the family of her Nair husband. Should the Nair reformers seek the aid of Government in the manner suggested by Mr. Malabari, will the Government be prepared to countenance the reform by shewing preference to a particular section in the distribution of official patronage and honours? Again there are certain customs among the Mahommadans which reduce their women to the condition of slaves. It is stated that according to the belief of the orthodox, women have no souls. The Government may be solicited to afford encouragement to reforms tending to ameliorate the social condition of the Mahommadan women on the lines suggested by Mr. Malabari. Will the Government be prepared to take action? |